PART 2429—MISCELLANEOUS AND GENERAL REQUIREMENTS Authority: 5 U.S.C. 7134; § 2429.18 also issued under 28 U.S.C. 2112(a). Source: 45 FR 3516, Jan. 17, 1980, unless otherwise noted. Subpart A—Miscellaneous § 2429.1 [Reserved] § 2429.2 Transfer and consolidation of cases. In any matter arising pursuant to parts 2422, 2423, and 2426 of this subchapter, whenever it appears necessary in order to effectuate the purposes of the Federal Service Labor-Management Relations Statute or to avoid unnecessary costs or delay, the FLRA may consolidate cases or may transfer cases to another region, for the purpose of investigation or consolidation with any proceedings which may have been instituted in, or transferred to, such region. [91 FR 13948, Mar. 24, 2026] § 2429.3 Transfer of record. In any case under part 2425 of this subchapter, upon request by the Authority, the parties jointly shall transfer the record in the case, including a copy of the transcript, if any, exhibits, briefs and other documents filed with the arbitrator, to the Authority. § 2429.4 Referral of policy questions to the Authority. Notwithstanding the procedures set forth in this subchapter, the General Counsel, the Assistant Secretary, or the Panel may refer for review and decision or general ruling by the Authority any case involving a major policy issue that arises in a proceeding before any of them. Any such referral shall be in writing and a copy of such referral shall be served on all parties to the proceeding. Before decision or general ruling, the Authority shall obtain the views of the parties and other interested persons, orally or in writing, as it deems necessary and appropriate. § 2429.5 Matters not previously presented; official notice. The Authority will not consider any evidence, factual assertions, arguments (including affirmative defenses), requested remedies, or challenges to an awarded remedy that could have been, but were not, presented in the proceedings before the Administrative Law Judge or arbitrator. The Authority may, however, take official notice of such matters as would be proper. [91 FR 13948, Mar. 24, 2026] § 2429.6 Oral argument. The Authority or the General Counsel, in their discretion, may request or permit oral argument in any matter arising under this subchapter under such circumstances and conditions as they deem appropriate. § 2429.7 Subpoenas. (a) Any member of the Authority, the General Counsel, any Administrative Law Judge appointed by the Authority under 5 U.S.C. 3105, and any Regional Director, Hearing Officer, or other employee of the Authority designated by the Authority may issue subpoenas requiring the attendance and testimony of witnesses and the production of documentary or other evidence. However, no subpoena shall be issued under this section which requires the disclosure of intramanagement guidance, advice, counsel, or training within an agency or between an agency and the Office of Personnel Management. (b) Where the parties are in agreement that the appearance of witnesses or the production of documents is necessary, and such witnesses agree to appear, no such subpoena need be sought. (c) A request for a subpoena by any person, as defined in 5 U.S.C. 7103(a)(1), shall be in writing and filed with the Regional Director, in proceedings arising under parts 2422 and 2426 of this subchapter, or with the Authority, in proceedings arising under parts 2424 and 2425 of this subchapter, not less than 10 days prior to the hearing, or with the appropriate presiding official(s) during the hearing. Requests for subpoenas made less than 10 days prior to the opening of the hearing shall be granted on sufficient explanation of why the request was not timely filed. (d) The Authority, General Counsel, Regional Director, Hearing Officer, or any other employee of the Authority designated by the Authority, as appropriate, shall furnish the requester the subpoenas sought, provided the request is timely made. Requests for subpoenas may be made ex parte. Completion of the specific information in the subpoena and the service of the subpoena are the responsibility of the party on whose behalf the subpoena was issued. A subpoena may be served by any person who is at least 18 years old and who is not a party to the proceeding. The person who served the subpoena must certify that he or she did so: (1) By delivering it to the witness in person, (2) By registered or certified mail, or (3) By delivering the subpoena to a responsible person (named in the document certifying the delivery) at the residence or place of business (as appropriate) of the person for whom the subpoena was intended. The subpoena shall show on its face the name and address of the party on whose behalf the subpoena was issued. (e)(1) Any person served with a subpoena who does not intend to comply, shall, within 5 days after the date of service of the subpoena upon such person, petition in writing to revoke the subpoena. A copy of any petition to revoke a subpoena shall be served on the party on whose behalf the subpoena was issued. Such petition to revoke, if made prior to the hearing, and a written statement of service, shall be filed with the Regional Director in proceedings arising under parts 2422 and 2426 of this subchapter, and with the Authority, in proceedings arising under parts 2424 and 2425 of this subchapter, for ruling. A petition to revoke a subpoena filed during the hearing, and a written statement of service, shall be filed with the appropriate presiding official(s). (2) The Authority, General Counsel, Regional Director, Hearing Officer, or any other employee of the Authority designated by the Authority, as appropriate, shall revoke the subpoena if the person or evidence, the production of which is required, is not material and relevant to the matters under investigation or in question in the proceedings, or the subpoena does not describe with sufficient particularity the evidence the production of which is required, or if for any other reason sufficient in law the subpoena is invalid. The Authority, General Counsel, Regional Director, Hearing Officer, or any other employee of the Authority designated by the Authority, as appropriate, shall state the procedural or other ground for the ruling on the petition to revoke. The petition to revoke, any answer thereto, and any ruling thereon shall not become part of the official record except upon the request of the party aggrieved by the ruling. (f) Upon the failure of any person to comply with a subpoena issued and upon the request of the party on whose behalf the subpoena was issued, the Solicitor of the Authority shall institute proceedings on behalf of such party in the appropriate district court for the enforcement thereof, unless to do so would be inconsistent with law and the Federal Service Labor-Management Relations Statute. [45 FR 3516, Jan. 17, 1980, as amended at 62 FR 40922, July 31, 1997; 91 FR 13948, Mar. 24, 2026] § 2429.8 [Reserved] § 2429.9 Amicus curiae. Upon petition of an interested person, a copy of which petition shall be served on the parties, and as the Authority deems appropriate, the Authority may grant permission for the presentation of written and/or oral argument at any stage of the proceedings by an amicus curiae and the parties shall be notified of such action by the Authority. § 2429.10 Advisory opinions. The Authority and the General Counsel will not issue advisory opinions. § 2429.11 Interlocutory appeals. Except as set forth in part 2423, the Authority and the General Counsel ordinarily will not consider interlocutory appeals. [62 FR 40923, July 31, 1997] § 2429.12 Service of process and papers by the Authority. (a) Methods of service. (b) Upon whom served. (c) Proof of service. [45 FR 3516, Jan. 17, 1980, as amended at 48 FR 40194, Sept. 6, 1983; 62 FR 40923, July 31, 1997; 88 FR 43426, July 10, 2023; 91 FR 13949, Mar. 24, 2026] § 2429.13 Official time for witnesses. If the participation of any employee in any phase of any proceeding before the Authority, including the investigation of unfair labor practice charges and representation petitions and the participation in hearings and representation elections, is deemed necessary by the Authority, the General Counsel, any Administrative Law Judge, Regional Director, Hearing Officer, or other agent of the Authority designated by the Authority, the employee shall be granted official time for such participation, including necessary travel time, as occurs during the employee's regular work hours and when the employee would otherwise be in a work or paid leave status. [62 FR 40923, July 31, 1997] § 2429.14 Witness fees. (a) Witnesses, whether appearing voluntarily or pursuant to a subpoena, shall be paid the fee and mileage allowances which are paid subpoenaed witnesses in the courts of the United States. However, any witness who is employed by the Federal Government shall not be entitled to receive witness fees. (b) Witness fees, as appropriate, as well as transportation and per diem expenses for a witness shall be paid by the party that calls the witness to testify. [62 FR 40923, July 31, 1997] § 2429.15 Authority requests for advisory opinions. (a) Whenever the Authority, pursuant to 5 U.S.C. 7105(i) requests an advisory opinion from the Director of the Office of Personnel Management concerning the proper interpretation of rules, regulations, or policy directives issued by that Office in connection with any matter before the Authority, a copy of such request, and any response thereto, shall be served upon the parties in the matter. (b) The parties shall have fifteen (15) days from the date of service of a copy of the response of the Office of Personnel Management to file with the Authority comments on that response which the parties wish the Authority to consider before reaching a decision in the matter. Such comments shall be in writing and copies shall be served upon the other parties in the matter and upon the Office of Personnel Management. § 2429.16 General remedial authority. The Authority shall take any actions which are necessary and appropriate to administer effectively the provisions of chapter 71 of title 5 of the United States Code. § 2429.17 Reconsideration. After a final decision or order of the Authority has been issued, a party to the proceeding before the Authority who can establish in its moving papers extraordinary circumstances for so doing, may move for reconsideration of such final decision or order. The motion shall be filed within ten (10) days after service of the Authority's decision or order. A motion for reconsideration shall state with particularity the extraordinary circumstances claimed and shall be supported by appropriate citations. The filing and pendency of a motion under this provision shall not operate to stay the effectiveness of the action of the Authority, unless so ordered by the Authority. A motion for reconsideration need not be filed in order to exhaust administrative remedies. [46 FR 40675, Aug. 11, 1981] § 2429.18 Service of petitions for review of final authority orders. Any aggrieved person filing pursuant to 5 U.S.C. 7123(a) a petition for review of a final Authority order in an appropriate Federal circuit court of appeals within 10 days of issuance of the Authority's final order must ensure that a court-stamped copy of the petition for review is received by the Solicitor of the Authority within that 10-day period in order to qualify for participation in the random selection process established in Public Law No. 100-236 for determining the appropriate court of appeals to review an agency final order when petitions for review of that order are filed in more than one court of appeals. [55 FR 2509, Jan. 25, 1990] § 2429.19 Revocation of assignments. Consistent with the exceptions in 5 U.S.C. 7115(b), after the expiration of the one-year period during which an assignment may not be revoked under 5 U.S.C. 7115(a), an employee may initiate the revocation of a previously authorized assignment at any time that the employee chooses. After the expiration of the one-year period of irrevocability under 5 U.S.C. 7115(a), upon receiving an employee's request to revoke a previously authorized dues assignment, an agency must process the revocation request as soon as administratively feasible. [85 FR 41172, July 9, 2020] Subpart B—General Requirements § 2429.21 How to compute the due date for filing documents with the FLRA; how the FLRA determines the date on which documents have been filed. (a) How to compute the due date for filing documents with the FLRA. (1) General rules. (i) Step 1: (ii) Step 2: (iii) Step 3: (iv) Step 4: (v) Step 5: www.flra.gov See (2) Agreement-bar exception. (3) Exception for filing periods that are 7 days or less. (b) How the FLRA determines the date on which documents have been filed. (1) General rules. (i) Documents filed with the FLRA by first-class mail. (ii) Documents filed with the FLRA by facsimile (“fax”). (iii) Documents filed with the FLRA by personal delivery. (iv) Documents filed with the FLRA by deposit with a commercial-delivery service that provides a record showing the date of deposit. (v) Documents filed electronically through use of the eFiling system on the FLRA's Web site at www.flra.gov. (2) Exceptions. (c) Compliance with § 2429.24. [77 FR 26435, May 4, 2012] § 2429.22 Additional time for filing with the FLRA if you are filing in response to a document that has been served on you by first-class mail or commercial delivery. (a) General rules. (b) Rules that apply when you have been served by more than one method. other than later (c) Exception for applications for review filed under 5 CFR 2422.35. (d) Exception where extension of time has been granted. (e) Rules that apply to exceptions to arbitration awards. see [77 FR 26436, May 4, 2012, as amended at 91 FR 13949, Mar. 24, 2026] § 2429.23 Extension; waiver. (a) Except as provided in paragraph (d) of this section, and notwithstanding § 2429.21(b) of this subchapter, the Authority or General Counsel, or their designated representatives, as appropriate, may extend any time limit provided in this subchapter for good cause shown, and shall notify the parties of any such extension. Requests for extensions of time shall be in writing and received by the appropriate official not later than five (5) days before the established time limit for filing, shall state the position of the other parties on the request for extension, and shall be served on the other parties. (b) Except as provided in paragraph (d) of this section, the Authority or General Counsel, or their designated representatives, as appropriate, may waive any expired time limit in this subchapter in extraordinary circumstances. Request for a waiver of time limits shall state the position of the other parties and shall be served on the other parties. (c) The time limits established in this subchapter may not be extended or waived in any manner other than that described in this subchapter. (d) Time limits established in 5 U.S.C. 7105(f), 7117(c)(2) and 7122(b) may not be extended or waived under this section. [45 FR 3516, Jan. 17, 1980, as amended at 48 FR 40194, Sept. 6, 1983; 51 FR 45752, Dec. 22, 1986] § 2429.24 Place and method of filing; acknowledgement. (a) Except for documents that are filed electronically through use of the eFiling system on the FLRA's website at www.flra.gov, (b) A document submitted to the General Counsel pursuant to this subchapter shall be filed with the General Counsel at the address set forth in the appendix. (c) A document submitted to a Regional Director pursuant to this subchapter shall be filed with the appropriate regional office, as set forth in the appendix. (d) Unless electronically filed pursuant to paragraph (f)(15) of this section, a document filed with the Office of Administrative Law Judges pursuant to this subchapter shall be submitted to the address for the Chief Administrative Law Judge, as set forth in the appendix. (e) Except as discussed in paragraphs (f) and (g) of this section, if you are filing documents with the FLRA, then you must file them in person, by commercial delivery, by first-class mail, or by certified mail. (f) As an alternative to the filing methods discussed in paragraph (e) of this section, you may file the following documents, and only the following documents, electronically through use of the eFiling system on the FLRA's Web site at www.flra.gov: (1) Applications for review under 5 CFR 2422.35(f) through (h); (2) Oppositions to applications for review under 5 CFR 2422.35(i); (3) Exceptions to Administrative Law Judges' decisions under 5 CFR 2423.40(a); (4) Oppositions to exceptions to Administrative Law Judges' decisions under 5 CFR 2423.40(b); (5) Cross-exceptions under 5 CFR 2423.40(b); (6) Exclusive representatives' petitions for review under 5 CFR 2424.22; (7) Agencies' statements of position under 5 CFR 2424.24; (8) Exclusive representatives' responses under 5 CFR 2424.25; (9) Agencies' replies under 5 CFR 2424.26; (10) Exceptions to arbitration awards under 5 CFR part 2425; and (11) Oppositions to exceptions to arbitration awards under 5 CFR part 2425. (12) Petitions under 5 CFR part 2422. (13) Cross-petitions under 5 CFR part 2422. (14) Charges under 5 CFR part 2423. (15) Documents submitted to the Office of Administrative Law Judges under 5 CFR part 2423, including answers to complaints, motions, briefs, pre-hearing disclosures, stipulations, and any other documents as permitted by the eFiling system for the Office of Administrative Law Judges. (g) As another alternative to the methods of filing described in paragraph (e) of this section, you may file the following documents by facsimile (“fax”), so long as fax equipment is available and your entire, individual filing does not exceed 10 pages in total length, with normal margins and font sizes. You may file only the following documents by fax under this paragraph (g): (1) Motions; (2) Information pertaining to prehearing disclosure, conferences, orders, or hearing dates, times, and locations; (3) Information pertaining to subpoenas; (4) Appeals of a dismissal of an unfair labor practice charge; and (5) Other matters that are similar to those in paragraphs (g)(1) through (3) of this section. (h) You must legibly print, type, or otherwise duplicate any documents that you file under this section. For purposes of documents that are filed electronically through use of the FLRA's eFiling system under paragraph (f) of this section, “legibly * * * duplicated” means that documents that you upload as attachments into the eFiling system must be legible. (i) Documents, including correspondence, in any proceedings under this subchapter must show the title of the proceeding and the case number, if any. (j) Except for documents that are filed electronically through use of the FLRA's eFiling system, the original of each document required to be filed under this subchapter must be signed by either the filing party or that party's attorney, other representative of record, or officer, and also must contain the address and telephone number of the person who signs the document. Documents that are filed electronically using the FLRA's eFiling system must contain the mailing address, email address, and telephone number of the individual who files the document, but not that individual's signature. (k) A return postal receipt may serve as acknowledgement that the Authority, General Counsel, Administrative Law Judge, Regional Director, or Hearing Officer has received a filed document. Otherwise, the FLRA will acknowledge receipt of filed documents only if the filing party: (1) Asks the receiving FLRA officer to do so; (2) Includes an extra copy of the document or the letter to which the document is attached, which the receiving FLRA office will date-stamp and return to the filing party; and (3) For returns that are to be sent by mail, includes a self-addressed, stamped envelope. [45 FR 3516, Jan. 17, 1980, as amended at 51 FR 45752, Dec. 22, 1986; 58 FR 53105, Oct. 14, 1993; 62 FR 40924, July 31, 1997; 68 FR 10953, Mar. 7, 2003; 68 FR 23885, May 6, 2003; 73 FR 27459, May 13, 2008; 77 FR 26436, May 4, 2012; 77 FR 37762, June 25, 2012; 80 FR 9190, Feb. 20, 2015; 88 FR 80092, Nov. 17, 2023; 89 FR 11702, Feb. 15, 2024; 91 FR 13949, Mar. 24, 2026] § 2429.25 Number of copies and paper size. (a) General rule. 1/2 (b) Exceptions. (1) You file documents electronically through use of the FLRA's eFiling system; (2) The Authority or the General Counsel, or their designated representatives, allow you not to comply; or (3) Another provision of this subchapter allows you not to comply. [77 FR 26437, May 4, 2012, as amended at 89 FR 11702, Feb. 15, 2024] § 2429.26 Other documents. (a) The Authority or the General Counsel, or their designated representatives, as appropriate, may in their discretion grant leave to file other documents as they deem appropriate. (b) A copy of such other documents shall be served on the other parties. § 2429.27 Service; statement of service. (a) Except as provided in § 2423.10(c) and (d), any party filing a document as provided in this subchapter is responsible for serving a copy upon all counsel of record or other designated representative(s) of parties, upon parties not so represented, and upon any interested person who has been granted permission by the Authority pursuant to § 2429.9 to present written and/or oral argument as amicus curiae. Service upon such counsel or representative shall constitute service upon the party, but a copy also shall be transmitted to the party. (b) If you are serving a document under paragraph (a) of this section, then you must use one of the following methods of service: (1) Certified mail; (2) First-class mail; (3) Commercial delivery; (4) In-person delivery; (5) Facsimile (“fax”) service, but only for the types of documents listed in § 2429.24(g) and only where fax equipment is available; or (6) Electronic mail (“email”), but only when the receiving party has agreed to be served by email. (c) If you serve a document under this section, then you must file, with the appropriate FLRA office, a statement indicating that the party has served that document (a “statement of service”). If you are filing documents electronically using the FLRA's eFiling system, then you must certify, in the FLRA's eFiling system and at the time of filing, that you have served copies of the filing and any supporting documents on the appropriate individual(s) specified in paragraph (a) of this section. Regardless of how you file a statement of service with the FLRA, you must ensure that your statement of service includes the names of the parties and persons that you served, their addresses, the date on which you served them, the nature of the document(s) that you served, and the manner in which you served the parties or persons that you served. You must also sign and date the statement of service, unless you are using the FLRA's eFiling system. (d) Date of service. [45 FR 3516, Jan. 17, 1980, as amended at 62 FR 40924, July 31, 1997; 74 FR 51745, Oct. 8, 2009; 77 FR 26437, May 4, 2012] § 2429.28 Petitions for amendment of regulations. Any interested person may petition the Authority or General Counsel in writing for amendments to any portion of these regulations. Such petition shall identify the portion of the regulations involved and provide the specific language of the proposed amendment together with a statement of grounds in support of such petition. § 2429.29 Content of filings. With one exception, if you file any document with the Authority or the Office of Administrative Law Judges in a proceeding covered by this subchapter—including any briefs that you upload into the FLRA's eFiling system as attachments—and that document exceeds 10 double-spaced pages in length, then you must ensure that the document includes a table of contents. The one exception is that, if you use the fillable forms in the FLRA's eFiling system, then you are not required to submit a table of contents to accompany the fillable forms. [77 FR 26437, May 4, 2012]