Other Fields
Agency Scheme: 
MWAALABR0003
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Authority Employee Relations Council
Name of Hearing Office (global name): 
Metropolitan Washington Airport Authority: Authority Employee Relations Council
Hearing Officer #1 (Title): 
Representation Matters Panel
Hearing Officer #2 (Title): 
Unfair Labor Practices Panel
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

This scheme deals with two issues. First, it involves union representation issues. A labor organization or MWAA files a petition about labor representation, and, if the Representation Matters Panel believes a question of representation exists, the Panel schedules a hearing. The hearing finds whether a certified union is representative of the majority of employees, and determines similar issues (See MWAR 2.5).

Secondly, it involves unfair labor practices. The Unfair Labor Practices Panel adjudicates negotiability disputes and unfair labor practices charges (See MWAR § 2.10(6)(a) and MWAR § 2.13).

Each Panel (The Representation Matters Panel and the Unfair Labor Practices Panel) is made up of three Members. There is also a third Panel, called the Impasse Panel, which makes up the Authority Employee Relations Council. (The Impasse Panel deals almost exclusively with alternative dispute resolution).

PROCESS & PROCEDURE - General Information
Regulations/rules of practice for hearings (please include CFR citations): 
MWAR 2.5-2.7; 2.10; 2.12-2.13. See http://www.mwaa.com/file/PDFregs.PDF
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
Yes (Some Types of Cases)
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
For unfair labor practice/negotiability cases (presided over by the ULPP), the Panel may request evidence before, during, or after formal proceedings. MWAR § 2.10(5)(a). The Panel may also order, or grant requests for, production of documents and witnesses. The Panel may order or take depositions. See MWAR § 2.10(5)(b).
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
How is the type of hearing selected: 
By Agency
How many hearing officers preside at each hearing?: 
Three
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
In negotiability disputes, the ULPP may invite experts, witnesses, and others who may have an interest in the disputed issue or whose participation may assist the Panel in reaching a determination. MWAR § 2.10(5)(b). This question is not applicable to document only hearings.
If "Varies by Case," please describe: 
This question is not applicable to document-only hearings.
Can third-parties submit amicus briefs and/or evidence?: 
No
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
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
No
Is judicial review available after issuance of a final decision?: 
Yes (Some Types of Cases)
PROCESS & PROCEDURE - Case Management
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: 
"To minimize the potential recurrence of similar disputes, the Unfair Labor Practices Panel shall publish periodically such decisions and shall distribute copies to the employer and to all labor organizations that have obtained exclusive recognition." MWAR § 2.10(6)(b).
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
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
Judicial review is available after the final decision, but only if a petition for relief is filed in the appropriate Virginia Circuit Court within 30 days of the ULPP order. The ULPP order will be binding unless there is a final decision by that Court or another reviewing court that the ULPP's decision/order was not supported by substantial evidence or was contrary to law. MWAR § 2.13(4).
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?: 
Mandatory
Voluntary
What type(s) of ADR are available?: 
Mediation
Other
If "Other," please specify:: 
ULPP may order "fact finding" by the parties prior to accepting the case. They can also compel the parties to continue bargaining while the ULPP tries to resolve the issue. MWAR 2.10(4)(d)-(e).
Who conducts the ADR?: 
Third-Party Neutral
Regulations/rules of practice governing ADR process (please include CFR citations): 
MWAR 2.10(4). See http://www.mwaa.com/file/PDFregs.PDF
Comments/Notes on ADR Process (Optional): 
The Impasse Panel has a detailed ADR system. It deals mostly with mediation, but also allows for arbitration. "An Impasse Panel member shall have power to mediate, hold hearings, compel the attendance of witnesses and the production of documents, review data, make public any recommendations or findings after notice to the parties and take whatever action he considers necessary to resolve the impasse, provided that such action does not impose a final and binding settlement on the parties except as mutually authorized by the parties." MWAR § 2.11(b). See MWAR § 2.11 for more details on the Impasse Panel.
Verified by Agency: 
Not verified