Other Fields
Agency Scheme: 
FLRAREPE0001
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the Regional Director (7 Regional Offices)
Name of Hearing Office (global name): 
Federal Labor Relations Authority: Office of the Regional Director (7 Regional Offices)
Hearing Officer #1 (Title): 
Hearing Officer
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (All Types of Cases)
Comments/Notes on Adjudication Structure: 

"Hearings will be conducted by a Hearing Officer appointed by the Regional Director. Another Hearing Officer may be substituted for the presiding Hearing Officer at any time." 5 CFR 2422.18(c)

The Hearing Officer can make recommendations to the Regional Director, but is not required (or is it common).

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 Part 2422
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
Yes (All Types of Cases)
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
"After a petition is filed, all parties must, upon request of the Regional Director, furnish the Regional Director and serve all parties affected by issues raised in the petition with information concerning parties, issues, and agreements raised in or affected by the petition." 5 CFR 2422.15(a) It is not true discovery in the civil litigation sense but information sharing. The process is not adversarial.
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?: 
30 Days
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
In-Person
Please provide the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)
In-Person: 
100%
How is the type of hearing selected: 
Required by Rule
Depends on Nature of Case/Claim
Please describe: 
Hearings are required when there is a question of representation and there are material issues of fact in dispute. 5 CFR 2422.30(b).
How many hearing officers preside at each hearing?: 
One
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
Are hearings open to the public?: 
Presumed Open (But May Be Closed Under Certain Conditions)
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?: 
Program Official
If "Other," please specify: 
The Regional Director issues the Decision. 5 CFR 2422.30
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
No
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: 
Election cases receive the highest priority.
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 (Some Decisions)
If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe: 
Only Decisions that are reviewed on exceptions to the Authority are posted. If no exceptions are filed to a Regional Director's Decision and Order, the Decision becomes final. 5 CFR 2422.32(e)(1).
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 2422.30(e)
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): 
"Representation hearings are considered investigatory and not adversarial. The purpose of the hearing is to develop a full and complete record of relevant and material facts." 5 CFR 2422.18(a) "(e) Regional Director Decision and Order becomes the Authority's action. A Decision and Order of a Regional Director becomes the action of the Authority when: (1) No application for review is filed with the Authority within sixty (60) days after the date of the Regional Director's Decision and Order; or (2) A timely application for review is filed with the Authority and the Authority does not undertake to grant review of the Regional Director's Decision and Order within sixty (60) days of the filing of the application; or (3) The Authority denies an application for review of the Regional Director's Decision and Order." 5 CFR 2422.31(e)
ADJUDICATORS
Total # of Hearing Officers: 
50
Comments/Notes on Hearing-Level Adjudicators (Optional): 
"(a) Duties of the Hearing Officer. The Hearing Officer will receive evidence and inquire fully into the relevant and material facts concerning the matters that are the subject of the hearing, and may make recommendations on the record to the Regional Director. (b) Powers of the Hearing Officer. During the period a case is assigned to a Hearing Officer by the Regional Director and prior to the close of the hearing, the Hearing Officer may take any action necessary to schedule, conduct, continue, control, and regulate the hearing, including ruling on motions when appropriate." 5 CFR 2422.21
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
Yes
If "Yes," when is ADR available?: 
Before Claim/Case Filed
Pre-Hearing
Is ADR a mandatory or voluntary process?: 
Voluntary
What type(s) of ADR are available?: 
Mediation
Settlement Conference
Who conducts the ADR?: 
Non-Presiding Adjudicator
Regulations/rules of practice governing ADR process (please include CFR citations): 
5 CFR 2422.17(c)
Other published guidance on ADR process (if any):: 
http://www.flra.gov/ADR_OGC, http://www.flra.gov/authority_cadro
ADR – Summary Statistics
Comments/Notes on ADR Statistics (Optional): 
We had 240 REP petitions filed in FY 13. We resolved 36 of those cases using ADR. We closed 253 REP cases in FY 13. We conducted 16 REP hearings.
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
240
Total # Cases Decided/Closed (FY2013): 
253
Total # Cases Pending (End of FY2013): 
62
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.: 
Hearings are not held in a majority of our REP cases. They are resolved, for the most part, by an administrative investigation which is quicker and less expensive then a formal hearing.
Verified by Agency: 
Verified