Other Fields
Agency Scheme: 
FLRAARBI0008
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Federal Labor Relations Authority
Name of Hearing Office (global name): 
Federal Labor Relations Authority: Federal Labor Relations Authority
Hearing Officer #1 (Title): 
Federal Labor Relations Authority (Authority Chairman and Members)
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

In arbitration cases, parties appeal arbitration awards to the Authority component of the FLRA, which consists of the FLRA Chairman and 2 other Members. The Authority issues a written decision based on the parties' written briefs. There is no further "administrative" appeal from the Authority's written decisions in these cases. And the Authority's decisions may be appealed to the U.S. Courts of Appeals only if the decisions involve unfair labor practices; all other decisions in these cases may not be appealed to the courts.

PROCESS & PROCEDURE - General Information
Are private parties permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Either
About what percentage of private parties were represented at hearings (FY2013)?: 
100.00%
Is the agency permitted to have representation at hearings?: 
N/A (e.g., Agency Not Party to Hearing)
Regulations/rules of practice for hearings (please include CFR citations): 
5 CFR 2425 and 2429
Other published guidance for hearings (if any): 
Guide to Arbitration Under the Federal Service Labor-Management Relations Statute (at www.flra.gov)
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
No
Does the hearing officer have subpoena authority?: 
Yes (All Types of Cases)
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
Are parties provided notice of hearing?: 
Yes (All Types of Cases)
How far in advance of the hearing date is notice typically provided?: 
0 Days
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
Please provide the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)
Written (Document-Only) Hearing: 
100%
How is the type of hearing selected: 
By Agency
How many hearing officers preside at each hearing?: 
Three
Is witness testimony permitted at hearings?: 
N/A (Document-Only Hearings)
Can parties cross-examine witnesses?: 
N/A (Document-Only Hearings)
Can third-parties submit amicus briefs and/or evidence?: 
Adjudication Officer Discretion
Are hearings recorded and/or transcribed?: 
N/A (Document-Only Hearings)
Are hearings open to the public?: 
N/A (Document-Only Hearing)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Staff Attorney
Who has authority to issue final decisions?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
No
About how long does it take on average—as of FY2013—to adjudicate claims/cases at the hearinglevel stage (i.e., from case filing: 
113 Days
Is judicial review available after issuance of a final decision?: 
Yes (Some Types of Cases)
PROCESS & PROCEDURE - Case Management
How are claims/cases processed at the hearing-level stage?: 
Differentiated Case Management
Please briefly describe your case management practice(s) at the hearing level stage: 
Once all filings are completed and procedurally sufficient, the assignment is rotational by case staff and by case type. As relevant here, in most situations, every third arbitration case is assigned to each of the 3 Member staffs, and those individual staffs decide how to prioritize them. In addition, before cases are assigned to the Member staffs, there is a screening team that assesses whether arbitration cases are appropriate for "short-form" disposition. Then every third "short-form" is assigned to each of the 3 Member staffs.
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?: 
Yes
Are final decisions published and/or posted on the agency website?: 
Yes (All Decisions)
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
5 CFR 2425.4 and 2425.5.
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
No
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
Although the Authority can request additional information from parties (including through oral argument, among other means) -- see 5 CFR 2425.9 -- as a practical matter, these cases are decided based solely on the paper record.
ADJUDICATORS
Total # of Hearing Officers: 
3
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
Yes
If "Yes," when is ADR available?: 
Pre-Hearing
Post-Hearing
Is ADR a mandatory or voluntary process?: 
Voluntary
What type(s) of ADR are available?: 
Mediation
Settlement Conference
Who conducts the ADR?: 
Agency Program Official
Agency ADR Official
Agency Counsel
Regulations/rules of practice governing ADR process (please include CFR citations): 
5 CFR 2425.8
Other published guidance on ADR process (if any):: 
ADR tab at www.flra.gov.
Comments/Notes on ADR Process (Optional): 
Typically, in arbitration cases, the Authority's Collaboration and Alternative Dispute Resolution Office (CADRO) will conduct ADR with parties who have requested it in their paper filings. So in that sense, it is "pre-hearing" (because the Authority has not yet issued a decision, even though the written filings may be complete). Nothing precludes the parties from using ADR after the Authority issues a decision (so, in that sense, it can be "post-hearing"), but that almost never (if ever) happens. ADR is voluntary; both parties must agree to use it.
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
124
Total # Cases Decided/Closed (FY2013): 
41
Total # Cases Pending (End of FY2013): 
123
CASELOAD STATISTICS - Supplementary Statistics
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: 
No
WRAP-UP
Do you have any additional comments about your agency's responses on this form? If so, please provide comments below.: 
We note that FY2013 was an unusual year for the Authority. The Authority had only 1 Member for most of the fiscal year (January through September 2013), and thus lacked a quorum to issue decisions. Therefore, the number of case issuances were unusually low.
Verified by Agency: 
Verified