PART 2425—REVIEW OF ARBITRATION AWARDS Authority: 5 U.S.C. 7134. Source: 75 FR 42290, July 21, 2010, unless otherwise noted. § 2425.1 Applicability of this part. This part applies to all arbitration cases in which exceptions are filed with the Authority, pursuant to 5 U.S.C. 7122, on or after August 29, 2025. [90 FR 42132, Aug. 29, 2025] § 2425.2 Exceptions—who may file; time limits for filing, including determining date of service of arbitration award for the purpose of calculating time limits; procedural and other requirements for filing. (a) Who may file. (b) Timeliness requirements—general. see see (c) Methods of service of arbitration award; determining date of service of arbitration award for purposes of calculating time limits for exceptions. (1) If the award is served by regular mail, then the date of service is the postmark date or, if there is no legible postmark, then the date of the award; for awards served by regular mail, the excepting party will receive an additional five days for filing the exceptions under 5 CFR 2429.22. (2) If the award is served by commercial delivery, then the date of service is the date on which the award was deposited with the commercial delivery service or, if that date is not indicated, then the date of the award; for awards served by commercial delivery, the excepting party will receive an additional five days for filing the exceptions under 5 CFR 2429.22. (3) If the award is served by e-mail or fax, then the date of service is the date of transmission, and the excepting party will not receive an additional five days for filing the exceptions. (4) If the award is served by personal delivery, then the date of personal delivery is the date of service, and the excepting party will not receive an additional five days for filing the exceptions. (5) If the award is served by more than one method, then the first method of service is controlling when determining the date of service for purposes of calculating the time limits for filing exceptions. However, if the award is served by e-mail, fax, or personal delivery on one day, and by mail or commercial delivery on the same day, the excepting party will not receive an additional five days for filing the exceptions, even if the award was postmarked or deposited with the commercial delivery service before the e-mail or fax was transmitted. (d) Procedural and other requirements for filing. § 2425.3 Oppositions—who may file; time limits for filing; procedural and other requirements for filing. (a) Who may file. (b) Timeliness requirements. see (c) Procedural requirements. § 2425.4 Content and format of exceptions. (a) What is required. www.flra.gov. (1) A statement of the grounds on which review is requested, as discussed in § 2425.6 of this part; (2) Arguments in support of the stated grounds, including specific references to the record, citations of authorities, and any other relevant documentation; (3) Legible copies of any documents (which you may upload as attachments if you file electronically through use of the FLRA's eFiling system) that you reference in the arguments discussed in paragraph (a)(2) of this section, and that the Authority cannot easily access (such as internal agency regulations or provisions of collective bargaining agreements); (4) Arguments in support of any request for an expedited, abbreviated decision within the meaning of § 2425.7 of this part; (5) A legible copy of the award of the arbitrator; and (6) The arbitrator's name, mailing address, and, if available and authorized for use by the arbitrator, the arbitrator's e-mail address or facsimile number. (b) What is not required. (c) What is prohibited. (d) Format. www.flra.gov, [75 FR 42290, July 21, 2010, as amended at 77 FR 26434, May 4, 2012] § 2425.5 Content and format of opposition. If you choose to file an opposition, then you may file your opposition on an optional form that is available on the FLRA's Web site at www.flra.gov [77 FR 26435, May 4, 2012] § 2425.6 Grounds for review; potential dismissal or denial for failure to raise or support grounds. (a) The Authority will review an arbitrator's award to which an exception has been filed to determine whether the award is deficient— (1) Because it is contrary to any law, rule or regulation; or (2) On other grounds similar to those applied by Federal courts in private sector labor-management relations. (b) If a party argues that an award is deficient on private-sector grounds under paragraph (a)(2) of this section, then the excepting party must explain how, under standards set forth in the decisional law of the Authority or Federal courts: (1) The arbitrator: (i) Exceeded his or her authority; or (ii) Was biased; or (iii) Denied the excepting party a fair hearing; or (2) The award: (i) Fails to draw its essence from the parties' collective bargaining agreement; or (ii) Is based on a nonfact; or (iii) Is incomplete, ambiguous, or contradictory as to make implementation of the award impossible; or (iv) Is contrary to public policy; or (v) Is deficient on the basis of a private-sector ground not listed in paragraphs (b)(1)(i) through (b)(2)(iv) of this section. (c) If a party argues that the award is deficient on a private-sector ground raised under paragraph (b)(2)(v) of this section, the party must provide sufficient citation to legal authority that establishes the grounds upon which the party filed its exceptions. (d) The Authority does not have jurisdiction over an award relating to: (1) An action based on unacceptable performance covered under 5 U.S.C. 4303; (2) A removal, suspension for more than fourteen (14) days, reduction in grade, reduction in pay, or furlough of thirty (30) days or less covered under 5 U.S.C. 7512; or (3) Matters similar to those covered under 5 U.S.C. 4303 and 5 U.S.C. 7512 which arise under other personnel systems. (e) An exception may be subject to dismissal or denial if: (1) The excepting party fails to raise and support a ground as required in paragraphs (a) through (c) of this section, or otherwise fails to demonstrate a legally recognized basis for setting aside the award; or (2) The exception concerns an award described in paragraph (d) of this section. § 2425.7 Requests for expedited, abbreviated decisions in certain arbitration matters that do not involve unfair labor practices. Where an arbitration matter before the Authority does not involve allegations of unfair labor practices under 5 U.S.C. 7116, and the excepting party wishes to receive an expedited Authority decision, the excepting party may request that the Authority issue a decision that resolves the parties' arguments without a full explanation of the background, arbitration award, parties' arguments, and analysis of those arguments. In determining whether such an abbreviated decision is appropriate, the Authority will consider all of the circumstances of the case, including, but not limited to: whether any opposition filed under § 2425.3 of this part objects to issuance of such a decision and, if so, the reasons for such an objection; and the case's complexity, potential for precedential value, and similarity to other, fully detailed decisions involving the same or similar issues. Even absent a request, the Authority may issue expedited, abbreviated decisions in appropriate cases. § 2425.8 [Reserved] § 2425.9 Means of clarifying records or disputes. When required to clarify a record or when it would otherwise aid in disposition of the matter, the Authority, or its designated representative, may, as appropriate: (a) Direct the parties to provide specific documentary evidence, including the arbitration record as discussed in 5 CFR 2429.3; (b) Direct the parties to respond to requests for further information; (c) Meet with parties, either in person or via telephone or other electronic communications systems, to attempt to clarify the dispute or matters in the record; (d) Direct the parties to provide oral argument; or (e) Take any other appropriate action. § 2425.10 Authority decision. The Authority shall issue its decision and order taking such action and making such recommendations concerning the award as it considers necessary, consistent with applicable laws, rules, or regulations.