Other Fields
Agency Scheme: 
FRSXLRPX0004
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Labor Relations Panel
Name of Hearing Office (global name): 
Board of Governors of the Federal Reserve System: Labor Relations Panel
Hearing Officer #1 (Title): 
Officer from National Center for Dispute Settlement
Hearing Officer #2 (Title): 
Labor Relations Panel
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

This adjudication scheme deals with labor disputes, which are handled by the Federal Reserve System Labor Relations Panel. Once a party has filed a charge, the Labor Relations Panel may choose to refer the issue to the National Center for Dispute Settlement. The Center investigates the claim, promotes alternative dispute resolution, and determines whether the charging party has established a prima facie case. If the charging party has made such a showing, and the parties do not manage to come to an agreement, a hearing takes place.

The Labor Relations Panel employs the National Center for Dispute Settlement to select a hearing officer. After the hearing has been conducted, the hearing officer prepares a report and recommendations for the Labor Relations Panel. The Panel reviews the recommendations, as well as any exceptions to the recommendations that have been filed by the parties, and may require additional oral arguments or written briefs before making its decision. This decision is the final decision within the agency.

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?: 
Either
Regulations/rules of practice for hearings (please include CFR citations): 
12 CFR 279b.410-450
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.): 
Production of documents, depositions (12 CFR 269b.442).
Are parties provided notice of hearing?: 
Yes (All Types of Cases)
How far in advance of the hearing date is notice typically provided?: 
10 Days
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
In-Person
Please describe: 
When the private party submits a written request for an oral hearing to the Board of Governors, the party may also request an oral hearing (See 12 CFR 263.72; 12 CFR 263.203; 12 CFR 263.204; 12 CFR 263.402)
Is witness testimony permitted at hearings?: 
Yes
If "Varies by Case," please describe: 
"The institution-affiliated party may introduce oral testimony and present witnesses only if expressly authorized by the Board or the Secretary" (12 CFR 263.73). See similar language at 12 CFR 263.203(a)(7)(i); 12 CFR 263.204(d)(1); 12 CFR 263.402(c)(iii)(4).
Can parties cross-examine witnesses?: 
Yes
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
Program Official
If "Other," please specify (drafts): 
The hearing officer drafts a report and recommendations and sends it to the Labor Relations Panel. The Panel examines the report and record (and may hold additional hearings), then issues a final decision (See 12 CFR 269b.450, 12 CFR 269b.510).
Who has authority to issue final decisions?: 
Program Official
If "Other," please specify: 
The Board of Governors has the authority to issue a final decision, though the complainant may appeal that decision to either the EEOC or to the federal district courts.
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
No
If "Yes," please specify these time limit(s): 
The hearing officer must submit his report and recommendations to the Labor Relations Panel within 20 days (unless extended by the Panel) and the parties have 10 days in which to file an exception, but the Labor Relations Panel's decision is not explicitly limited. (See 12 CFR 269b.540)
PROCESS & PROCEDURE - Case Management
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?: 
No
Are final decisions published and/or posted on the agency website?: 
No
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): 
"The record shall include the charge, notice of hearing, service sheet, motions, rulings, orders, official transcript of the hearing, stipulations, objections, depositions, documentary evidence, exhibits, and any briefs or other documents submitted to the parties." 12 CFR 269b.450
If "Yes," please provide citation(s): 
"The presiding officers may order the record to be kept open for a reasonable period following the hearing (normally five business days), during which time additional submissions to the record may be made. Therafter, the record shall be closed" (12 CFR 263.73). See also 12 CFR 263.203(a)(7)(iii); 12 CFR 263.204(d)(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
Is ADR a mandatory or voluntary process?: 
Varies by Case
If "Varies by Case," please describe:: 
See 12 CFR 269b.210. Before the hearing, the Labor Relations Panel "may" refer the case to the National Center for Dispute Settlement of the American Arbitration Association to investigate. The purpose of the investigation is "(1) to ascertain, analyze, and apply the relevant facts in order to determine whether or not formal proceedings are warranted and (2) to assist, by mediation and other appropriate means, the parties to reach a mutually satisfactory resolution of the issues as an alternative to the hearing process. In so doing, the investigator is not limited to the allegations set forth in the charge and may advise the charging party to amend his charge." 12 CFR 269b.240(a).
What type(s) of ADR are available?: 
Mediation
Other
If "Other," please specify:: 
The investigator tries to help the parties reach a "mutually satisfactory resolution" through "mediation and other appropriate means" 12 CFR 269b.240(a).
Who conducts the ADR?: 
Third-Party Neutral
If "Other," please specify:: 
The CFR requires that an aggrieved person contact a "Counselor," but does not define Counselor (12 CFR 268.104).
Regulations/rules of practice governing ADR process (please include CFR citations): 
12 CFR 269b.210-240
Verified by Agency: 
Not verified