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
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.
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
WRAP-UP
Do you have any additional comments about your agency's responses on this form? If so, please provide comments below.: 
Your questions assume that the FSIP "adjudicates" cases. It does not. It attempts to resolve collective bargaining impasses in the Federal sector through voluntary settlements and only where that effort is unsuccessful are final actions taken. Final actions are not taken based on the parties' rights (i.e., the normal meaning of "adjudicate"), but rather on the basis of the parties' interests. The answers provided above were made using your rubric which does not always fit comfortably within the FSIP's mission.
Verified by Agency: 
Verified