5 CFR Part 2422 — Representation Proceedings

PART 2422—REPRESENTATION PROCEEDINGS Authority: 3 U.S.C. 431; 5 U.S.C. 7134. Source: 77 FR 37752, June 25, 2012, unless otherwise noted. § 2422.1 What is your purpose for filing a petition? You, the petitioner, may file a petition for the following purposes: (a) Elections or eligibility for dues allotment. (1)(i) An election to determine whether employees in an appropriate unit wish to be represented for the purpose of collective bargaining by an exclusive representative, and/or (ii) A determination of eligibility for dues allotment in an appropriate unit without an exclusive representative; or (2) An election to determine whether employees in a unit no longer wish to be represented for the purpose of collective bargaining by an exclusive representative. (3) Petitions under this subsection must be accompanied by an appropriate showing of interest. (b) Clarification or amendment. (1) A recognition or certification then in effect; and/or (2) Any other matter relating to representation. (c) Consolidation. § 2422.2 Who may file a petition? An individual; a labor organization; two or more labor organizations acting as a joint-petitioner; an individual acting on behalf of any employee(s); an agency or activity; or a combination of the above may file a representation petition. But, (a) Only a labor organization may file a petition under § 2422.1(a)(1); (b) Only an individual may file a petition under § 2422.1(a)(2); and (c) Only an agency or a labor organization may file a petition under § 2422.1(b) or (c). § 2422.3 What information should you include in your petition? (a) You must file a petition either in writing with your signature or electronically using the eFiling system on the FLRA's Web site at www.flra.gov. www.flra.gov: (1) The name and mailing address for each agency or activity affected by issues raised in the petition, including street number, city, state and zip code. (2) The name, mailing address and work telephone number, fax number and email address (if known) of the contact person for each agency or activity affected by issues raised in the petition. (3) The name and mailing address for each labor organization affected by issues raised in the petition, including street number, city, state and zip code. If a labor organization is affiliated with a national organization, the local designation and the national affiliation should both be included. If a labor organization is an exclusive representative of any of the employees affected by issues raised in the petition, the date of the recognition or certification and the date any collective bargaining agreement covering the unit will expire or when the most recent agreement did expire should be included, if known. (4) The name, mailing address and work telephone number, fax number and email address (if known) of the contact person for each labor organization affected by issues raised in the petition. (5) Your name and mailing address, including street number, city, state and zip code, and fax number and email address. If you are a labor organization affiliated with a national organization, the local designation and the national affiliation should both be included. (6) A description of the unit(s) affected by issues raised in the petition. The description should generally indicate the geographic locations and the classifications of the employees included (or sought to be included) in, and excluded (or sought to be excluded) from, the unit. (7) The approximate number of employees in the unit(s) affected by issues raised in the petition. (8) A clear and concise statement of the issues raised by the petition and the results the petitioner seeks. (9) A declaration by the person signing the petition, under the penalties of the Criminal Code (18 U.S.C. 1001), that the contents of the petition are true and correct to the best of the person's knowledge and belief. (10) The title, mailing address and telephone number of the person filing the petition. (b) Certification of compliance with 5 U.S.C. 7111(e). (c) Showing of interest supporting a representation petition (defined at 5 CFR 2421.16). (1) So indicate on the petition form; (2) Submit with the petition a showing of interest of not less than thirty percent (30%) of the employees in the unit involved in the petition; and (3) Include an alphabetical list of the names constituting the showing of interest. (d) Petition seeking dues allotment. [77 FR 37752, June 25, 2012, as amended at 91 FR 13941, Mar. 24, 2026] § 2422.4 What service requirements must you meet when filing a petition? You must serve every petition, motion, brief, request, challenge, written objection, or application for review on all parties affected by issues raised in the filing. The service must include all supporting documentation, with the exceptions of a showing of interest, evidence supporting challenges to the validity of a showing of interest, and evidence supporting objections to an election. You must submit a statement of service to the Regional Director. [91 FR 65442, Oct. 15, 2026] § 2422.5 Where do you file petitions? (a) Where to file. (b) Method of filing. www.flra.gov. (c) Date of filing. https://www.flra.gov. [77 FR 37752, June 25, 2012, as amended at 91 FR 13942, Mar. 24, 2026] § 2422.6 How are parties notified of the filing of a petition? (a) Notification to parties. (b) Contents of the notification. (1) Your name (the petitioner); (2) The description of the unit(s) or employees affected by issues raised in the petition; and, (3) A statement that all affected parties should advise the Regional Director in writing of their interest in the issues raised in the petition. [77 FR 37752, June 25, 2012, as amended at 91 FR 13942, Mar. 24, 2026] § 2422.7 Will an activity or agency post a notice of filing of a petition? (a) Posting notice of petition. (b) Contents of notice. (c) Duration of notice. [77 FR 37752, June 25, 2012, as amended at 91 FR 13942, Mar. 24, 2026; 91 FR 65442, Oct. 15, 2026] § 2422.8 What is required to file an intervention or cross-petition? (a) Cross-petitions. (b) Intervention requests and cross-petitions. (2) You may file a cross-petition, along with any necessary showing of interest, with either the Regional Director or the Hearing Officer. This must be filed electronically through the use of the eFiling system on the FLRA's Web site at www.flra.gov (c) Labor organization intervention requests. (1) A showing of interest of ten percent (10%) or more of the employees in the unit covered by a petition seeking an election, with an alphabetical list of the names of the employees establishing the showing of interest; or (2) A current or recently expired collective bargaining agreement covering any of the employees in the unit affected by issues raised in the petition; or (3) Evidence that it is or was, before a reorganization, the recognized or certified exclusive representative of any of the employees affected by issues raised in the petition. (d) Incumbent. (e) Employing agency. (f) Agency or activity intervention. § 2422.9 How is the adequacy of a showing of interest determined? (a) Adequacy. (b) Regional Director investigation of showing of interest and Decision and Order. [77 FR 37752, June 25, 2012, as amended at 91 FR 13942, Mar. 24, 2026; 91 FR 65442, Oct. 15, 2026] § 2422.10 How do you challenge the validity of a showing of interest? (a) Validity. (b) Validity challenge. (c) When and where validity challenges may be filed. (d) Contents of validity challenges. (e) Regional Director investigation and Decision and Order. [77 FR 37752, June 25, 2012, as amended at 91 FR 13942, Mar. 24, 2026; 91 FR 65443, Oct. 15, 2026] § 2422.11 How do you challenge the status of a labor organization? (a) Basis of challenge to labor organization status. (b) Format and time for filing a challenge. § 2422.12 What circumstances does the Region consider to determine whether your petition is timely filed? (a) Election bar. (b) Certification bar. (c) Bar during 5 U.S.C. 7114(c) agency head review. (d) Contract bar where the contract is for three (3) years or less. (e) Contract bar where the contract is for more than three (3) years. (f) Unusual circumstances. (g) Premature extension. (h) Contract requirements. [77 FR 37752, June 25, 2012, as amended at 91 FR 13942, Mar. 24, 2026; 91 FR 65443, Oct. 15, 2026] § 2422.13 How are issues raised by your petition resolved? (a) Meetings before filing a representation petition. (b) Meetings to narrow and resolve the issues after the petition is filed. [91 FR 65443, Oct. 15, 2026] § 2422.14 What is the effect of your withdrawal or the Regional Director's dismissal of a petition? (a) Withdrawal/dismissal less than sixty (60) days before contract expiration. (i) The date on which the Regional Director approves the withdrawal; or (ii) The date on which the Regional Director dismisses the petition when the Authority does not receive an application for review; or (iii) The date on which the Authority rules on an application for review. (2) Other pending petitions that have been timely filed under this part will continue to be processed. (b) Withdrawal by petitioner. (c) Withdrawal by incumbent. [77 FR 37752, June 25, 2012, as amended at 91 FR 13943, Mar. 24, 2026; 91 FR 65443, Oct. 15, 2026] § 2422.15 Do parties have a duty to provide information and cooperate after a petition is filed? (a) Relevant information. (b) Inclusions and exclusions. (c) Cooperation. [91 FR 65443, Oct. 15, 2026] § 2422.16 May parties enter into election agreements, and if they do not, will the Regional Director direct an election? (a) Election agreements. (b) Regional Director directed election. (c) Opportunity for a hearing. (1) Issue a Decision and Order; or (2) If there are no questions regarding unit appropriateness, issue a Direction of Election without a Decision and Order. (d) Challenges or objections to a directed election. [77 FR 37752, June 25, 2012, as amended at 91 FR 13943, Mar. 24, 2026; 91 FR 65444, Oct. 15, 2026] § 2422.17 What are a notice of hearing and prehearing conference? (a) Purpose of notice of a hearing. (b) Contents. (c) Prehearing conference. (d) No interlocutory appeal of hearing determination. [77 FR 37752, June 25, 2012, as amended at 91 FR 13943, Mar. 24, 2026; 91 FR 65444, Oct. 15, 2026] § 2422.18 What is the purpose of a representation hearing and what procedures are followed? (a) Purpose of a hearing. (b) Conduct of hearing. (c) Hearing officer. (d) Transcript. [77 FR 37752, June 25, 2012, as amended at 91 FR 13943, Mar. 24, 2026; 91 FR 65444, Oct. 15, 2026] § 2422.19 When is it appropriate for a party to file a motion at a representation hearing? (a) Purpose of a motion. (b) Prehearing motions. (c) Motions made at the hearing. (d) Posthearing motions. [91 FR 65444, Oct. 15, 2026] § 2422.20 What rights do parties have at a hearing? (a) Rights. (1) To appear in person or by a representative; (2) To examine and cross-examine witnesses; and (3) To introduce into the record relevant evidence. (b) Documentary evidence and stipulations. (c) Oral argument. (d) Briefs. (1) A party must file an original and two (2) copies of a brief with the Regional Director within thirty (30) days from the close of the hearing. (2) No later than five (5) days before the date the brief is due a party must file and the Regional Director must receive a written request for an extension of time to file a brief. (3) Absent the Regional Director's permission, parties may not file a reply brief. [77 FR 37752, June 25, 2012, as amended at 91 FR 13944, Mar. 24, 2026; 91 FR 65444, Oct. 15, 2026] § 2422.21 What are the duties and powers of the Hearing Officer? (a) Duties of the Hearing Officer. (b) Powers of the Hearing Officer. [91 FR 65444, Oct. 15, 2026] § 2422.22 What are objections and exceptions concerning the conduct of the hearing? (a) Objections. (b) Exceptions to rulings. § 2422.23 What election procedures are followed? (a) Regional Director conducts or supervises election. (b) Notice of election. (c) Sample ballot. (d) Secret ballot. (e) Intervenor withdraws from ballot. (f) Incumbent withdrawal from ballot in an election to decertify an incumbent representative. (g) Petitioner withdraws from ballot in an election. (h) Observers. (1) A party who wants to name observers must file a written request with specific names with the Regional Director. This request must be filed at least fifteen (15) days before an election. The Regional Director may grant an extension of time to file a request for named observers for good cause where a party requests an extension or on the Regional Director's own motion. The request must name and identify the observers requested. (2) An agency or activity may use as its observers any employees who are not eligible to vote in the election, except: (i) Supervisors or management officials; (ii) Employees who have any official connection with any of the labor organizations involved; or (iii) Non-employees of the Federal government. (3) A labor organization may use as its observers any employees eligible to vote in the election, except: (i) Employees on leave without pay status who are working for the labor organization involved; or (ii) Employees who hold an elected office in the labor organization. (4) Within five (5) days after service of the request for observers, any party that objects must file an objection with the Regional Director that states the reasons. (5) The Regional Director's ruling on requests for and objections to observers is final and binding, and parties may not file an application for review with the Authority. [77 FR 37752, June 25, 2012, as amended at 91 FR 13944, Mar. 24, 2026; 91 FR 65444, Oct. 15, 2026] § 2422.24 What are challenged ballots? (a) Filing challenges. (b) Challenged ballot procedure. [91 FR 65445, Oct. 15, 2026] § 2422.25 When does the Region tally the ballots? (a) Tallying the ballots. (b) Service of the tally. (c) Valid ballots cast. [77 FR 37752, June 25, 2012, as amended at 91 FR 13944, Mar. 24, 2026; 91 FR 65445, Oct. 15, 2026] § 2422.26 How are objections to the election processed? (a) Filing objections to the election. (b) Supporting evidence. [77 FR 37752, June 25, 2012, as amended at 91 FR 13944, Mar. 24, 2026; 91 FR 65445, Oct. 15, 2026] § 2422.27 How does the Region address determinative challenged ballots and objections? (a) Investigation. (b) Burden of proof. (c) Regional Director action. (d) Consolidated hearing on objections and/or determinative challenged ballots and an unfair labor practice hearing. (1) Sections 2423.18 and 2423.19(j) of this subchapter concerning the burden of proof and settlement conferences are not applicable; (2) The Administrative Law Judge may not recommend remedial action to be taken or notices to be posted as provided by § 2423.26(a) of this subchapter. (e) Party exceptions filed with the Authority. [77 FR 37752, June 25, 2012, as amended at 91 FR 13945, Mar. 24, 2026; 91 FR 65445, Oct. 15, 2026] § 2422.28 When is a runoff election required? (a) When a runoff may be held. (b) Eligibility. (c) Ballot. [77 FR 37752, June 25, 2012, as amended at 91 FR 13945, Mar. 24, 2026; 91 FR 65445, Oct. 15, 2026] § 2422.29 How does the Region address an inconclusive election? (a) Inconclusive elections. (1) The ballot provides for at least three (3) choices, one of which is “no union” or “neither,” and the votes are equally divided; or (2) The ballot provides for at least three (3) choices, the choice receiving the highest number of votes does not receive a majority, and at least two other choices receive the next highest and same number of votes; or (3) When a runoff ballot provides for a choice between two labor organizations and results in the votes being equally divided; or (4) When the Regional Director determines that there have been significant procedural irregularities. (b) Eligibility to vote in a rerun election. (c) Ballot. (d) Number of reruns. [91 FR 65446, Oct. 15, 2026] § 2422.30 When does a Regional Director investigate a petition, issue notices of hearings, take actions, and issue Decisions and Orders? (a) Regional Director investigation. (b) Regional Director notice of hearing. (c) Regional Director action. (d) Appeal of Regional Director Decision and Order. (e) Contents of the Record. [91 FR 65446, Oct. 15, 2026] § 2422.31 When do you file an application for review of a Regional Director Decision and Order? (a) Filing an application for review. (b) Contents. (c) Review. (1) The decision raises an issue for which there is an absence of precedent; (2) Established law or policy warrants reconsideration; or, (3) There is a genuine issue over whether the Regional Director has: (i) Failed to apply established law; (ii) Committed a prejudicial procedural error; or (iii) Committed a clear and prejudicial error concerning a substantial factual matter. (d) Opposition. (e) Regional Director Decision and Order becomes the Authority's action. (1) No party files an application for review with the Authority within sixty (60) days after the date of the Regional Director's Decision and Order; or (2) A party files a timely application for review 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. (f) Authority grant of review and stay. (g) Briefs if review is granted. [91 FR 65446, Oct. 15, 2026] § 2422.32 When does a Regional Director issue a certification or a revocation of certification? (a) Certifications. (1) After an election, runoff, or rerun: (i) No party files an objection or challenged ballots are not determinative; or (ii) The Region decides and resolves objections and determinative challenged ballots; or (2) The Regional Director issues a Decision and Order requiring a certification and the Decision and Order becomes the action of the Authority under § 2422.31(e) or the Authority directs the issuance of a certification. (b) Revocations. (1) An incumbent exclusive representative files, during a representation proceeding, a disclaimer of any representational interest in the unit; or (2) Due to a substantial change in the character and scope of the unit, the unit is no longer appropriate and an election is not warranted. [91 FR 65446, Oct. 15, 2026] § 2422.33 Relief under part 2423 of this chapter. Remedial relief that was or could have been obtained as a result of a motion, objection, or challenge filed or raised under this subpart, may not be the basis for similar relief under part 2423 of this chapter. But related matters may be consolidated for hearing as noted in § 2422.27(d) of this subpart. [91 FR 65447, Oct. 15, 2026] § 2422.34 What are the parties' rights and obligations when a representation proceeding is pending? (a) Existing recognitions, agreements, and obligations under the Statute. (2) The filing of a motion for reconsideration or motion for a stay does not relieve parties of their obligations to comply with a final decision or order of the Authority, unless so ordered by the Authority. (b) Unit status of individual employees. [91 FR 13945, Mar. 24, 2026]

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