Joint project of ACUS and Stanford Law School

FLRAIMPP0007 - Hearing Level - Procedures

Open All Tabs | Close All Tabs

Other Fields

Agency Scheme:

FLRAIMPP0007

ADJUDICATION STRUCTURE

Hearing Level: Basic Structure

Name of Hearing Office (local name):

Federal Service Impasses Panel

Name of Hearing Office (global name):

Federal Labor Relations Authority: Federal Service Impasses Panel

Hearing Officer #1 (Title):

Designee

Hearing Officer #2 (Title):

Federal Service Impasses Panel

Are administrative appeals permitted from final decisions at the hearing-level stage?:

No

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

Is the agency permitted to have representation at hearings?:

Yes (All Types of Cases)

Who may serve as an agency representative?:

Attorney

Regulations/rules of practice for hearings (please include CFR citations):

5 CFR 2471

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)

PROCESS & PROCEDURE - Hearing Procedure

What types of hearings are permitted at the hearing-level stage?:

Written (Document-Only) Hearing

In-Person

Video

Phone

Please provide the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)

Written (Document-Only) Hearing:

5%

In-Person:

45%

Video:

5%

Phone:

45%

How is the type of hearing selected:

Depends on Nature of Case/Claim

Please describe:

The FSIP decides collective bargaining impasses on the basis of the parties' interests and not their legal rights. It prefers to work with parties directly to see whether additional mediation will help the parties reach a voluntary settlement so the matter can be resolved without the need for a written decision (i.e., a FSIP "final action"). Thus, the first determination the Panel must make is whether a procedure permitting additional mediation has any likelihood of resulting in a voluntary settlement. Other considerations involve how many issues are at impasse, the nature of the issues, and whether the FSIP has assisted these parties in the recent past. All of these factors go into a determination of what procedure to use.

How many hearing officers preside at each hearing?:

Varies by Case

If "Varies by Case," please describe:

The designee presides over the hearing, but the Federal Service Impasses Panel reviews the record and issues the final decision.

Is witness testimony permitted at hearings?:

Yes

Can parties cross-examine witnesses?:

Yes

Can third-parties submit amicus briefs and/or evidence?:

Adjudication Officer Discretion

Are hearings recorded and/or transcribed?:

Yes

Discretion of Adjudication Officer(s)

No

N/A (Document-Only Hearings)

Are hearings open to the public?:

Varies by Case

If "Varies by Case," please describe:

Whether the hearing is open or closed is within the discretion of the Panel's designee.

PROCESS & PROCEDURE - Post-Hearing Procedure

Who typically drafts the decision at the hearing-level stage?:

Adjudication Officer

Who has authority to issue final decisions?:

Adjudication Officer

Other

If "Other," please specify:

Some FSIP procedures involve decision-making by the entire group of Panel Members.

Do agency regulations or guidance provide time limits for issuance of final decisions?:

Yes (Some Types of Cases)

If "Yes," please specify these time limit(s):

The only statutory time limit involves termination of compressed work schedules under the Federal Employee Flexible and Compressed Work Schedules Act, 5 U.S.C 6120 et sec.

About how long does it take on average—as of FY2013—to adjudicate claims/cases at the hearinglevel stage (i.e., from case filing:

150 Days

Is judicial review available after issuance of a final decision?:

No

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:

Generally, cases are processed on a first-in/first-out basis but exceptions are made for cases where expedited action will save taxpayers money.

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?:

No

Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce:

No

ADJUDICATORS

Information About Officer:

Adjudication Officer Title	Job Series	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:
Designee	0901-Gen'l Legal Series	General Schedule	GS-11/14	Yes	No	Designees under Hearing Officer #1 are normally Staff Attorneys whose primary job is to investigate requests for FSIP assistance and to assist Panel Members in conducting hearings.	Yes	The FSIP has timeliness goals for the disposition of cases and its success at meeting these goals are reported annually to Congress and the President.
Federal Service Impasses Panel		Executive Schedule	ES III	No	No	"The Panel consists of seven Presidential appointees who serve on a part-time basis, one of whom serves as Chair." See https://www.flra.gov/fsip	No	The FSIP has timeliness goals for the disposition of cases and its success at meeting these goals are reported annually to Congress and the President.

ADR: General Information

Is ADR available at one or more points during the hearing process?:

Yes

If "Yes," when is ADR available?:

Pre-Hearing

Is ADR a mandatory or voluntary process?:

Varies by Case

If "Varies by Case," please describe::

The FSIP is the alternative to the right to strike in the Federal sector. As such, its entire mission involves ADR. However, when the FSIP decides to resolve a dispute through a written submissions procedure, the outcome normally is a final action where ADR has not been incorporated as part of the process. Most cases currently are not resolved using a written submissions procedure, however.

What type(s) of ADR are available?:

Mediation

Settlement Conference

Arbitration

Who conducts the ADR?:

Third-Party Neutral

Other

If "Other," please specify::

FSIP Members and Staff who provide ADR are third-party neutrals.

ADR – Summary Statistics

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)	# ADR Matters Pending (End of FY2013)
Mediation-arbitration	43	28	3

CASELOAD STATISTICS - Summary Statistics

Total # Cases Filed/Opened (FY2013):

194

Total # Cases Decided/Closed (FY2013):

192

Total # Cases Pending (End of FY2013):

40

CASELOAD STATISTICS - Supplementary Statistics

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

Search form

You are here

Reports

User login

FLRAIMPP0007 - Hearing Level - Procedures