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 part 2424
Other published guidance for hearings (if any):
Guide to Negotiability Under the Federal Service Labor-Management Relations Statute (at www.flra.gov)
Is discovery permitted by either party at the hearing-level stage?:
No
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
What types of hearings are permitted at the hearing-level stage?:
Written (Document-Only) Hearing
In-Person
Video
Phone
Written (Document-Only) Hearing:
100%
How is the type of hearing selected:
By Agency
Depends on Nature of Case/Claim
Please describe:
Hearings will be granted only "when necessary to resolve disputed issues of material fact," or "when it would otherwise aid in decision making." 5 CFR 2424.31(c). The Authority rarely (if ever) grants hearing requests in these cases; they are decided based on the paper record.
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)
Who typically drafts the decision at the hearing-level stage?:
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:
120 Days
Is judicial review available after issuance of a final decision?:
Yes (All Types of Cases)
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:
There is rotational assignment among the 3 Member offices. Generally, the FLRA's Case Intake and Publication Office assigns every third negotiability case to each Member offices. Then the individual offices decide how to prioritize the cases within their respective offices.
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 2424.22 - 2424.27
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce:
No
Total # of Hearing Officers:
3
Information About Officer:
Adjudication Officer Title | Pay Plan | Pay Range | Are persons in this position subject to performance evaluation? | Are persons in this position employed full-time as adjudication officers? | If "No", briefly describe other duties: | Are persons in this position subject to quality control measures or production goals? | If "Yes," briefly describe: |
---|---|---|---|---|---|---|---|
Federal Labor Relations Authority (Authority Chairman and Members) | EX | 05/00-04/00 | No | No | "The Authority adjudicates unfair labor practice disputes, issues raised by representation petitions, exceptions to grievance arbitration awards, and resolves negotiability disputes raised by the parties during collective bargaining . . . . [T]he Authority also assists Federal agencies and unions in understanding their rights and responsibilities under the Statute through statutory training of parties." See http://www.flra.gov/authority | Yes | Although it is unclear to us whether the question is asking for this, there are quality controls that must be met before Authority negotiability decisions are issued. There must be a majority of Members (at least 2) who sign off on a decision, and the Authority's Case Intake and Publication Office reviews the decisions to ensure the quality of work (including, among other things, proper citations).
For production goals, the Authority sets agency performance goals, including targets for timeliness, in its Performance and Accountability Report. |
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 2424.2(b), 2424.10
Other published guidance on ADR process (if any)::
www.flra.gov/FLRA_Training_ADR
For Fiscal Year 2013, please provide the following annual ADR statistics:
ADR Type or Case Type | # of ADR Matters Initiated (FY2013) | # ADR Matters Resolved (FY2013) |
---|---|---|
Negotiability | 16 | 19 |
Total # Cases Filed/Opened (FY2013):
30
Total # Cases Decided/Closed (FY2013):
29
Total # Cases Pending (End of FY2013):
9
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen:
No
Supplementary Caseload Statistics by Case Type:
Verified by Agency:
Verified