Unfair Labor Practice Proceedings; Negotiability Proceedings; Review of Arbitration Awards; Miscellaneous and General Requirements, 26430-26437 [2012-10801]
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26430
Federal Register / Vol. 77, No. 87 / Friday, May 4, 2012 / Rules and Regulations
any equivalent Federal civilian
retirement system.
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Ready Reserve means those members
of the uniformed services described at
10 U.S.C. 10142.
Roth 5 year non-exclusion period
means the period of five consecutive
calendar years beginning on the first day
of the calendar year in which the
participant’s Roth initiation date occurs.
It is the period described in section
402A(d)(2)(B) of the Internal Revenue
Code.
Roth balance means the sum of:
(1) Roth contributions and associated
earnings; and
(2) Amounts transferred to the TSP
from a Roth account maintained by an
eligible employer plans and earnings on
those amounts.
Roth contributions means employee
contributions made to the participant’s
Roth balance which are authorized by 5
U.S.C. 8432d. Roth contributions may
be deducted from taxable pay on an
after-tax basis or from pay exempt from
taxation under 26 U.S.C. 112.
Roth initiation date means
(1) The earlier of:
(i) The actual date of a participant’s
first Roth contribution to the TSP;
(ii) The ‘‘as of ’’ date or attributable
pay date (as defined in § 1605.1 of this
subchapter) that established the date of
the participant’s first Roth contribution
to the TSP; or
(iii) The date used, by a plan from
which the participant directly
transferred Roth money into the TSP, to
measure the participant’s Roth five year
non-exclusion period.
(2) If a participant has a civilian
account and a uniformed services
account, the Roth initiation date for
both accounts will be the same.
Roth IRA means an individual
retirement plan described in Internal
Revenue Code section 408A (26 U.S.C.
408A).
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Separation from Government service
means generally the cessation of
employment with the Federal
Government. For civilian employees it
means termination of employment with
the U.S. Postal Service or with any other
employer from a position that is deemed
to be Government employment for
purposes of participating in the TSP for
31 or more full calendar days. For
uniformed services members, it means
the discharge from active duty or the
Ready Reserve or the transfer to inactive
status or to a retired list pursuant to any
provision of title 10 of the United States
Code. The discharge or transfer may not
be followed, before the end of the 31-
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day period beginning on the day
following the effective date of the
discharge, by resumption of active duty,
an appointment to a civilian position
covered by the Federal Employees’
Retirement System, the Civil Service
Retirement System, or an equivalent
retirement system, or continued service
in or affiliation with the Ready Reserve.
Reserve component members serving on
full-time active duty who terminate
their active duty status and
subsequently participate in the drilling
reserve are said to continue in the Ready
Reserve. Active component members
who are released from active duty and
subsequently participate in the drilling
reserve are said to affiliate with the
Ready Reserve.
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Source of contributions means
traditional contributions, Roth
contributions, Agency Automatic (1%)
Contributions, or matching
contributions. All amounts in a
participant’s account are attributed to
one of these four sources. Catch-up
contributions, transfers, rollovers, and
loan payments are included in the
traditional contribution source or the
Roth contribution source.
Special or incentive pay means pay
payable as special or incentive pay
under 37 U.S.C. chapter 5.
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Tax-deferred balance means the sum
of:
(1) All contributions, rollovers, and
transfers in a participant’s traditional
balance that would otherwise be
includible in gross income if paid
directly to the participant and earnings
on those amounts; and
(2) Earnings on any tax-exempt
contributions in the traditional balance.
The tax-deferred balance does not
include tax-exempt contributions.
Tax-deferred contributions means
employee contributions made to a
participant’s traditional balance that
would otherwise be includible in gross
income if paid directly to the
participant.
Tax-exempt balance means the sum
of tax-exempt contributions within a
participant’s traditional balance. It does
not include earnings on such
contributions. Only a traditional balance
in a uniformed services participant
account or a uniformed services
beneficiary participant account may
contain a tax-exempt balance.
Tax-exempt contributions means
employee contributions made to the
participant’s traditional balance from
pay which is exempt from taxation by
26 U.S.C. 112. The Federal income tax
exclusion at 26 U.S.C. 112 is applicable
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to compensation for active service
during a month in which a uniformed
service member serves in a combat zone.
The term ‘‘tax-exempt contributions’’
does not include contributions made to
the participant’s Roth balance from pay
which is exempt from taxation by 26
U.S.C. 112.
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Traditional balance means the sum
of:
(1) Tax-deferred contributions and
associated earnings;
(2) Tax-deferred amounts rolled over
or transferred into the TSP and
associated earnings;
(3) Tax-exempt contributions and
associated earnings;
(4) Matching contributions and
associated earnings;
(5) Agency Automatic (1%)
Contributions and associated earnings.
Traditional contributions means taxdeferred employee contributions and
tax-exempt employee contributions
made to the participant’s traditional
balance.
Traditional IRA means an individual
retirement account described in I.R.C.
section 408(a) (26 U.S.C. 408(a)) and an
individual retirement annuity described
in I.R.C. section 408(b) (26 U.S.C.
408(b)) (other than an endowment
contract).
Trustee-to-trustee transfer or transfer
means the payment of an eligible
rollover distribution (as defined in
section 402(c)(4) of the Internal Revenue
Code) from an eligible employer plan or
IRA directly to another eligible
employer plan or IRA at the
participant’s request.
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Uniformed services account means a
TSP account to which contributions
have been made by or on behalf of a
member of the uniformed services.
Uniformed service member means a
member of the uniformed services on
active duty or a member of the Ready
Reserve in any pay status.
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[FR Doc. 2012–10630 Filed 5–3–12; 8:45 am]
BILLING CODE 6760–01–P
FEDERAL LABOR RELATIONS
AUTHORITY
5 CFR Parts 2423, 2424, 2425, and 2429
Unfair Labor Practice Proceedings;
Negotiability Proceedings; Review of
Arbitration Awards; Miscellaneous and
General Requirements
Federal Labor Relations
Authority.
AGENCY:
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Federal Register / Vol. 77, No. 87 / Friday, May 4, 2012 / Rules and Regulations
ACTION:
Final rule.
The Federal Labor Relations
Authority (the FLRA) is engaged in an
initiative to make electronic filing, or
‘‘eFiling,’’ available to parties in all
cases before the FLRA. Making eFiling
available to its parties is another way in
which the FLRA is using technology to
improve the customer-service
experience. EFiling also is expected to
increase efficiencies by reducing
procedural filing errors and resulting
processing delays.
SUMMARY:
DATES:
Effective Date: June 4, 2012.
Written comments can be
emailed to engagetheflra@flra.gov or
sent to the Case Intake and Publication
Office, Federal Labor Relations
Authority, Suite 200, 1400 K Street
NW., Washington, DC 20424–0001. All
written comments will be available for
public inspection during normal
business hours at the Case Intake and
Publication Office.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Sarah Whittle Spooner, Counsel for
Regulatory and External Affairs, (202)
218–7791; or email:
engagetheflra@flra.gov.
In the first
stage of its eFiling initiative, the FLRA
enabled parties to use eFiling to file
requests for Federal Service Impasses
Panel assistance in the resolution of
negotiation impasses. See 77 FR 5987
(Feb. 7, 2012).
This final rule accompanies the
second of three stages of the FLRA’s
eFiling initiative. In this stage, parties
will be able to use the FLRA’s eFiling
system to electronically file 11 types of
documents in cases that are filed with
the FLRA’s three-Member adjudicatory
body, the Authority. This rule modifies
the FLRA’s existing regulations to allow
for eFiling of such documents, clarifies
some of the FLRA’s procedural
regulations, and explains how to
calculate the due date for filing when
parties are served with documents by
more than one method. In addition, the
rule provides that parties may use
electronic mail (‘‘email’’) to serve one
another, but only if the served party
agrees to email service. Further, it
modifies 5 CFR 2423.40(a)(3) to conform
to 5 CFR 2429.29, and deletes the
statement in 5 CFR 2429.24 that
provides for parties filing carbon copies
of typewritten material.
As the FLRA’s eFiling procedures
develop, the revisions set forth in this
action may be evaluated and revised
further.
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SUPPLEMENTARY INFORMATION:
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Sectional Analyses
Sectional analyses of the amendments
and revisions to part 2423, Unfair Labor
Practice Proceedings, part 2424,
Negotiability Proceedings, part 2425,
Review of Arbitration Awards, and part
2429, Miscellaneous and General
Requirements, are as follows:
Part 2423—Unfair Labor Practice
Proceedings
Section 2423.0
This section is amended to state that
part 2423 is applicable to any unfair
labor practice cases that are pending or
filed with the FLRA on or after June 4,
2012.
Section 2423.6
This section is amended to state that
a charging party in an unfair labor
practice case may serve the charge on
the charged party by email, but only if
the charged party has agreed to email
service.
Section 2423.40
Paragraph (a)(3) of this section, which
requires a table of contents and table of
authorities for exceptions containing 25
or more pages, is amended to eliminate
the reference to a table of contents.
While a table of contents is still required
under 5 CFR 2429.29, the table of
contents requirement in this section is
inconsistent with 5 CFR 2429.29, which
requires a table of contents for
documents exceeding 10 double-spaced
pages.
Part 2424—Negotiability Proceedings
Section 2424.1
This section is amended to state that
part 2424 is applicable to all petitions
for review filed on or after June 4, 2012.
Section 2424.22
Paragraph (b) of this section is
amended to state that a petition for
review filed electronically through use
of the FLRA’s eFiling system satisfies
the content requirements of this
paragraph, and that a petition need not
be dated if it is eFiled. Paragraph (b)
also is amended to state that copies of
petition forms are available on the
FLRA’s Web site. Finally, paragraph
(b)(2) is amended to state that
documents submitted along with a
petition may be uploaded as
attachments in the eFiling system if the
exclusive representative eFiles its
petition.
Section 2424.24
Paragraph (c) of this section is
amended to state that a statement of
position filed electronically through use
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26431
of the FLRA’s eFiling system satisfies
the content requirements of this
paragraph, and that a statement need
not be dated if it is eFiled. Paragraph (c)
also is amended to state that copies of
statement forms are available on the
FLRA’s Web site. Finally, paragraph
(c)(2) is amended to state that
documents submitted along with a
statement may be uploaded as
attachments in the eFiling system if the
agency eFiles its statement.
Section 2424.25
Paragraph (c) of this section is
amended to state that a response filed
electronically through use of the FLRA’s
eFiling system satisfies the content
requirements of this paragraph, and that
a response need not be dated if it is
eFiled. Paragraph (c) also is amended to
state that copies of response forms are
available on the FLRA’s Web site.
Finally, paragraph (c)(1) is amended to
state that documents submitted along
with a response may be uploaded as
attachments in the FLRA’s eFiling
system if the exclusive representative
eFiles its response.
Section 2424.26
Paragraph (c) of this section is
amended to state that a reply filed
electronically through use of the FLRA’s
eFiling system satisfies the content
requirements of this paragraph, and that
a reply need not be dated if it is eFiled.
Paragraph (c) also is amended to state
that copies of reply forms are available
on the FLRA’s Web site. Finally,
paragraph (c) is amended to state that
documents submitted along with a reply
may be uploaded as attachments in the
FLRA’s eFiling system if the agency
eFiles its reply.
Part 2425—Review of Arbitration
Awards
Section 2425.1
This section is amended to state that
part 2425 is applicable to all arbitration
cases in which exceptions are filed with
the Authority, pursuant to 5 U.S.C.
7122, on or after June 4, 2012.
Section 2425.4
Paragraph (a) of this section is
amended to state that arbitration
exceptions filed electronically through
use of the FLRA’s eFiling system need
not be dated. In addition, paragraph
(a)(3) of this section is amended to
provide that documents may be
uploaded as attachments in the FLRA’s
eFiling system if the excepting party
uses that system to file exceptions.
Paragraph (d) of this section is
amended to provide that an exception
form is provided on the FLRA’s Web
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site, and that filing an exception
electronically through use of the FLRA’s
eFiling system complies with the
formatting requirements of this
paragraph.
Section 2425.5
This section is amended to provide
that an opposition form is provided on
the FLRA’s Web site. It also is amended
to provide that filing an opposition
electronically through use of the FLRA’s
eFiling system complies with the
formatting requirements of this section,
and that documents may be uploaded as
attachments in the eFiling system if the
opposing party uses that system to file
an opposition.
Part 2429—Miscellaneous and General
Requirements
Section 2429.21
This section is renamed, ‘‘How to
compute the due date for filing
documents with the FLRA; how the
FLRA determines the date on which
documents have been filed.’’
Paragraph (a) of this section is
renamed, ‘‘How to compute the due date
for filing documents with the FLRA,’’
and is revised to clarify the existing
rules regarding how to calculate the due
date for filing documents with the
FLRA. Paragraph (a)(1) is revised to
specify that, if the last day of the filing
period falls on a Saturday, Sunday, or
federal legal holiday, then the due date
falls to the next day that is not a
Saturday, Sunday, or federal legal
holiday, even if the party is eFiling.
Paragraph (b) of this section is
renamed, ‘‘How the FLRA determines
the date on which documents have been
filed,’’ and is revised to clarify the
existing rules regarding how the FLRA
determines the date on which a party
has filed documents. Paragraph (b)(1)(v)
adds that, if a party files documents
electronically through use of the FLRA’s
eFiling system, then the date of filing is
the calendar day (including Saturdays,
Sundays, and federal legal holidays) on
which the document is transmitted in
the eFiling system. It also notes that,
consistent with paragraph (a)(1)(v), an
eFiled document is not required to be
filed on a Saturday, Sunday, or federal
legal holiday.
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Section 2429.22
This section is renamed, ‘‘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,’’ and is
divided into paragraphs.
Paragraph (a) of this section, ‘‘General
rules,’’ clarifies the existing, general
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rules regarding adding 5 days to the
filing period when a party is filing in
response to a document that has been
served on that party by first-class mail
or commercial delivery.
Paragraph (b) of this section, ‘‘Rules
that apply when you have been served
by more than one method,’’ explains the
rules that apply when a filing party is
filing in response to a document that
has been served on that party by more
than one method. It provides that, as a
general rule, the first method of service
is controlling for purposes of
determining the due date for a
responsive filing. It also provides that
the filing party is entitled to the
additional 5 days only if first-class mail
or commercial delivery is the first
method of service. It further provides
that, if a party is served by first-class
mail or commercial delivery on one day,
and served by any method other than
first-class mail or commercial delivery
on the same day, then the party may not
add 5 days—even if the served
document was postmarked or deposited
with a commercial-delivery service
earlier in the day than the other
method(s) of transmission.
Paragraph (c) of this section,
‘‘Exception for applications for review
filed under 5 CFR 2422.31,’’ restates an
existing rule that a filing party does not
receive an extra 5 days to file an
application for review under 5 CFR
2422.31.
Paragraph (d) of this section,
‘‘Exception where extension of time has
been granted,’’ restates an existing rule
that a filing party does not get an extra
5 days if that party already has received
an extension of time.
Paragraph (e) of this section, ‘‘Rules
that apply to exceptions to arbitration
awards,’’ refers the reader to 5 CFR
2425.2(c) for rules that apply when a
party is filing exceptions to an
arbitration award.
Section 2429.24
Paragraph (a) of this section is
amended to clarify that the rules in
paragraph (a) apply to documents filed
with the Authority, and not documents
filed with the General Counsel, a
Regional Director, or an Administrative
Law Judge. It also is amended to clarify
that the times discussed in the
paragraph are Eastern Time (‘‘E.T.’’).
Further, it is amended to provide that
documents that are filed electronically
through use of the FLRA’s eFiling
system may be filed on any calendar
day—including Saturdays, Sundays,
and federal legal holidays, although
they are not required to be filed on those
days—and will be considered filed on a
particular day if they are filed by
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midnight E.T. that day. Finally,
paragraph (a) is amended to clarify that
documents may not be filed with the
Authority by email.
Paragraph (e) of this section is
amended to provide that the general
rule in the first sentence of existing
paragraph (e) is subject to new
paragraphs (f) and (g), and to move the
existing exceptions discussed in current
paragraph (e) to paragraph (g).
New paragraph (f) of this section
provides that, as an alternative to filing
by the methods discussed in paragraph
(e), a party may file the following 11
types of documents electronically
through use of the FLRA’s eFiling
service: (1) Applications for review
under 5 CFR 2422.31(a)–(c); (2)
oppositions to applications for review
under 5 CFR 2422.31(d); (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) agency
statements of position under 5 CFR
2424.24; (8) exclusive representatives’
responses under 5 CFR 2424.25; (9)
agency 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.
New paragraphs (g)(1)–(4) of this
section clarify the existing rules
(currently in paragraph (e)) for filing
certain documents by facsimile.
New paragraph (h) of this section
restates an existing requirement
(currently in paragraph (f)) that matters
filed under § 2429.24 be legibly printed,
typed, or otherwise duplicated. It also
deletes the sentence, ‘‘Carbon copies of
typewritten matter will be accepted if
they are clearly legible,’’ as parties
generally do not submit such carbon
copies. Further, new paragraph (h)
provides that, for purposes of
documents that are filed electronically
through use of the eFiling system,
‘‘legibly duplicated’’ means that
documents that are uploaded as
attachments in the eFiling system must
be legible.
Paragraph (i) of this section restates,
more clearly, existing wording
(currently in paragraph (g)).
Paragraph (j) of this section restates
existing paragraph (h) and adds that, for
documents that are eFiled, the
documents must contain the mailing
address, email address, and telephone
number of the individual who is filing
the document, but not that individual’s
signature.
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Federal Register / Vol. 77, No. 87 / Friday, May 4, 2012 / Rules and Regulations
Paragraph (k) of this section restates
and clarifies existing paragraph (i).
Section 2429.25
This section is revised and divided
into paragraphs.
New paragraph (a) of this section,
‘‘General rule,’’ restates and clarifies the
existing, general rule regarding the
number of copies and paper size of
documents that are filed with the
Authority, General Counsel,
Administrative Law Judge, Regional
Director, or Hearing Officer. It also
provides that the general rule is subject
to the exceptions set forth in new
paragraph (b).
New paragraph (b)(1), (3), and (4) of
this section restate and clarify the
existing exceptions to the general rule
that is now set forth in paragraph (a).
New paragraph (b)(2) adds a new
exception for documents that are filed
electronically through use of the FLRA’s
eFiling system.
Section 2429.27
Paragraph (b) of this section is revised
and divided into paragraphs (1) through
(6). Paragraphs (1) through (5) restate
existing, authorized methods of service.
Paragraph (6) states that parties may
serve one another by email, but only if
the receiving party agrees to email
service.
Paragraph (c) of this section clarifies
the existing requirements regarding
filing statements of service with the
FLRA. It also states that, for documents
that are eFiled, the filing party or
individual must certify, in the eFiling
system and at the time of filing, that
copies of the filing and any supporting
documents have been served on the
appropriate individuals specified in
§ 2429.27(a). Finally, paragraph (c)
provides that statements of service must
be signed and dated, unless they are
eFiled.
Paragraph (d) of this section clarifies
the existing rules regarding calculating
the date of service, and adds that, for
documents served by email, the date of
service is the date on which the
documents were transmitted by email.
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Section 2429.29
This section is amended to provide
that the existing table-of-contents
requirement for documents exceeding
10 double-spaced pages in length
applies to briefs that are uploaded as
attachments in the eFiling system, but
that a party using the fillable forms on
the FLRA’s eFiling system is not
required to submit a separate table of
contents.
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Executive Order 12866
The FLRA is an independent
regulatory agency, and as such, is not
subject to the requirements of
E.O. 12866.
Executive Order 13132
The FLRA is an independent
regulatory agency, and as such, is not
subject to the requirements of
E.O. 13132.
Regulatory Flexibility Act Certification
Pursuant to section 605(b) of the
Regulatory Flexibility Act, 5 U.S.C.
605(b), the Chairman of the FLRA has
determined that this rule, as amended,
will not have a significant impact on a
substantial number of small entities,
because this rule applies only to federal
agencies, federal employees, and labor
organizations representing those
employees.
Unfunded Mandates Reform Act of
1995
This rule change will not result in the
expenditure by state, local, and tribal
governments, in the aggregate, or by the
private sector, of $100,000,000 or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
Small Business Regulatory Enforcement
Fairness Act of 1996
This action is not a major rule as
defined by section 804 of the Small
Business Regulatory Enforcement
Fairness Act of 1996. This rule will not
result in an annual effect on the
economy of $100,000,000 or more; a
major increase in costs or prices; or
significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of United States-based
companies to compete with foreignbased companies in domestic and
export markets.
Paperwork Reduction Act of 1995
The amended regulations contain no
additional information collection or
record-keeping requirements under the
Paperwork Reduction Act of 1995,
44 U.S.C. 3501, et seq.
List of Subjects in 5 CFR Parts 2423,
2424, 2425, and 2429
Administrative practice and
procedure, Government employees,
Labor management relations.
For the reasons stated in the
preamble, the FLRA amends 5 CFR Parts
2423, 2424, 2425, as follows:
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PART 2423—[AMENDED]
1. The authority citation for part 2423
continues to read as follows:
■
Authority: 3 U.S.C. 431; 5 U.S.C. 7134.
2. Section 2423.0 is revised to read as
follows:
■
§ 2423.0
Applicability of this part.
This part applies to any unfair labor
practice cases that are pending or filed
with the FLRA on or after June 4, 2012.
■ 3. Section 2423.6 is amended by
revising paragraph (d) to read as
follows:
§ 2423.6
Filing and service of copies.
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(d) Service of the charge. You must
serve a copy of the charge (without
supporting evidence and documents) on
the Charged Party. Where facsimile
equipment is available, you may serve
the charge by facsimile transmission, as
paragraph (c) of this section discusses.
Alternatively, you may serve the charge
by electronic mail (‘‘email’’), but only if
the Charged Party has agreed to be
served by email. The Region routinely
serves a copy of the charge on the
Charged Party, but you remain
responsible for serving the charge,
consistent with the requirements in this
paragraph.
■ 4. Section 2423.40 is amended by
revising paragraph (a)(3) to read as
follows:
§ 2423.40 Exceptions; oppositions and
cross-exceptions; oppositions to crossexceptions; waiver.
(a) * * *
(3) Exceptions containing 25 or more
pages shall include a table of legal
authorities cited.
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PART 2424—[AMENDED]
5. The authority citation for part 2424
continues to read as follows:
■
Authority: 5 U.S.C. 7134.
6. Section 2424.1 is revised to read as
follows:
■
§ 2424.1
Applicability of this part.
This part applies to all petitions for
review filed on or after June 4, 2012.
■ 7. Section 2424.22 is amended to
revise paragraphs (b) introductory text
and (b)(2) to read as follows:
§ 2424.22 Exclusive representative’s
petition for review; purpose; content;
severance; service.
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*
(b) Content. You must file a petition
for review on a form that the Authority
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has provided for that purpose, or in a
substantially similar format. You meet
this requirement if you file your petition
electronically through use of the eFiling
system on the FLRA’s Web site at www.
flra.gov. That Web site also provides
copies of petition forms. You must date
the petition, unless you file it
electronically through use of the FLRA’s
eFiling system. And, regardless of how
you file the petition, you must ensure
that it includes the following:
*
*
*
*
*
(2) Specific citation to any law, rule,
regulation, section of a collective
bargaining agreement, or other authority
that you rely on in your argument or
that you reference in the proposal or
provision, and a copy of any such
material that the Authority cannot easily
access (which you may upload as
attachments if you file the petition
electronically through use of the FLRA’s
eFiling system);
*
*
*
*
*
■ 8. Section 2424.24 is amended by
revising paragraphs (c) introductory text
and (c)(2) introductory text to read as
follows:
§ 2424.24 Agency’s statement of position;
purpose; time limits; content; severance;
service.
erowe on DSK2VPTVN1PROD with RULES
*
*
*
*
*
(c) Content. You must file your
statement of position on a form that the
Authority has provided for that purpose,
or in a substantially similar format. You
meet this requirement if you file your
statement electronically through use of
the eFiling system on the FLRA’s Web
site at www.flra.gov. That Web site also
provides copies of statement forms. You
must date your statement, unless you
file it electronically through use of the
eFiling system. And, regardless of how
you file your statement, your statement
must:
*
*
*
*
*
(2) Set forth in full your position on
any matters relevant to the petition that
you want the Authority to consider in
reaching its decision, including: A
statement of the arguments and
authorities supporting any bargaining
obligation or negotiability claims; any
disagreement with claims that the
exclusive representative made in the
petition for review; specific citation to
any law, rule, regulation, section of a
collective bargaining agreement, or
other authority that you rely on; and a
copy of any such material that the
Authority may not easily access (which
you may upload as attachments if you
file your statement of position
electronically through use of the FLRA’s
eFiling system). Your statement of
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position must also include the
following:
*
*
*
*
*
■ 9. Section 2424.25 is amended by
revising paragraphs (c) introductory text
and (c)(1) introductory text to read as
follows:
§ 2424.25 Response of the exclusive
representative; purpose; time limits;
content; severance; service.
*
*
*
*
*
(c) Content. You must file your
response on a form that the Authority
has provided for that purpose, or in a
substantially similar format. You meet
this requirement if you file your
response electronically through use of
the eFiling system on the FLRA’s Web
site at www.flra.gov. That Web site also
provides copies of response forms. With
the exception of a request for severance
under paragraph (d) of this section, you
must limit your response to the matters
that the agency raised in its statement of
position. You must date your response,
unless you file it electronically through
use of the FLRA’s eFiling system. And,
regardless of how you file your
response, you must ensure that it
includes the following:
(1) Any disagreement with the
agency’s bargaining obligation or
negotiability claims. You must: State the
arguments and authorities supporting
your opposition to any agency
argument; include specific citation to
any law, rule, regulation, section of a
collective bargaining agreement, or
other authority on which you rely; and
provide a copy of any such material that
the Authority may not easily access
(which you may upload as attachments
if you file your response electronically
through use of the FLRA’s eFiling
system). You are not required to repeat
arguments that you made in your
petition for review. If not included in
the petition for review, then you must
state the arguments and authorities
supporting any assertion that the
proposal or provision does not affect a
management right under 5 U.S.C.
7106(a), and any assertion that an
exception to management rights applies,
including:
*
*
*
*
*
■ 10. Section 2424.26 is amended by
revising paragraph (c) introductory text
to read as follows:
§ 2424.26 Agency’s reply; purpose; time
limits; content; service.
*
*
*
*
*
(c) Content. You must file your reply
on a form that the Authority has
provided for that purpose, or in a
substantially similar format. You meet
this requirement if you file your reply
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electronically through use of the eFiling
system on the FLRA’s Web site at www.
flra.gov. That Web site also provides
copies of reply forms. You must limit
your reply to matters that the exclusive
representative raised for the first time in
its response. Your reply must: State the
arguments and authorities supporting
your position; cite with specificity any
law, rule, regulation, section of a
collective bargaining agreement, or
other authority that you rely on; and
provide a copy of any material that the
Authority may not easily access (which
you may upload as attachments if you
file your reply electronically through
use of the FLRA’s eFiling system). You
must date your reply, unless you file it
electronically through use of the FLRA’s
eFiling system. And, regardless of how
you file your reply, you must ensure
that it includes the following:
*
*
*
*
*
PART 2425—[AMENDED]
11. The authority citation for part
2425 continues to read as follows:
■
Authority: 5 U.S.C. 7134.
12. Section 2425.1 is revised to read
as follows:
■
§ 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 June 4, 2012.
13. Section 2425.4 is amended to
revise paragraphs (a) introductory text,
(a)(3), and (d) to read as follows:
■
§ 2425.4
Content and format of exceptions.
(a) What is required. You must date
your exception, unless you file it
electronically through use of the eFiling
system on the FLRA’s Web site at
www.flra.gov. Regardless of how you file
your exception, you must ensure that it
is self-contained and that it sets forth, in
full, the following:
*
*
*
*
*
(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);
*
*
*
*
*
(d) Format. You may file your
exception on an optional form that is
available on the FLRA’s Web site at
www.flra.gov, or in any other format that
is consistent with paragraphs (a) and (c)
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of this section. You meet this
requirement if you file your exception
electronically through use of the FLRA’s
eFiling system on that Web site. Your
failure to use, or properly fill out, an
Authority-provided form will not, by
itself, provide a basis for dismissing
your exception.
14. Section 2425.5 is revised to read
as follows:
■
§ 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, or in
any other format that is consistent with
this section. You meet this requirement
if you file your opposition electronically
through use of the FLRA’s eFiling
system on that Web site. Your failure to
use, or properly fill out, an Authorityprovided form will not, by itself,
provide a basis for dismissing your
opposition. If you choose to file an
opposition, and you dispute any
assertions that have been made in the
exceptions, then you should address
those assertions—including any
assertions that any evidence, factual
assertions, arguments (including
affirmative defenses), requested
remedies, or challenges to an awarded
remedy were raised before the arbitrator.
If the excepting party has requested an
expedited, abbreviated decision under
§ 2425.7 of this part, then you should
state whether you support or oppose
such a decision and provide supporting
arguments. You must provide copies of
any documents upon which you rely
(which you may upload as attachments
if you file your opposition electronically
through use of the FLRA’s eFiling
system), unless the Authority can easily
access those documents (as discussed in
§ 2425.4(b) of this part) or the excepting
party provided them with its
exceptions.
PART 2429—[AMENDED]
15. The authority citation for part
2429 continues to read as follows:
■
Authority: 5 U.S.C. 7134; § 2429.18 also
issued under 28 U.S.C. 2112(a).
16. Section 2429.21 is revised to read
as follows:
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■
§ 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. In
computing the due date for filing any
document with the FLRA under this
subchapter, follow these rules:
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15:04 May 03, 2012
Jkt 226001
(1) General rules. Except in the
situations discussed in paragraphs (a)(2)
and (3) of this section, follow these
steps in order to determine the date on
which you must file any document with
the FLRA.
(i) Step 1: Determine the act, event, or
default (‘‘the triggering event’’) that you
are filing in response to. The act, event,
or default constitutes the triggering
event even if it falls on a Saturday,
Sunday, or federal legal holiday.
(ii) Step 2: Determine the number of
days that you have to file (‘‘the filing
period’’).
(iii) Step 3: Determine the first day of
the filing period. This is the day after,
not the day of, the triggering event, and
constitutes the first day of the filing
period even if it is a Saturday, Sunday,
or federal legal holiday.
(iv) Step 4: Starting with the first day
of the filing period, count calendar
days—including Saturdays, Sundays,
and federal legal holidays—until you
reach the last day of the filing period
(‘‘the last day’’).
(v) Step 5: Ask: Does the last day fall
on a Saturday, Sunday, or federal legal
holiday? If no, then your filing is due on
that day (unless you are entitled to an
additional 5 days under § 2429.22). If
yes, then find the next day on the
calendar that is not a Saturday, Sunday,
or federal legal holiday. Your filing is
due on that day (unless you are entitled
to an additional 5 days under
§ 2429.22), even if you are filing
electronically through use of the eFiling
system on the FLRA’s Web site at
www.flra.gov (although, as discussed in
paragraph (b)(1)(v) of this section, you
are permitted to file electronically on
Saturdays, Sundays, or federal legal
holidays). See § 2429.22 for rules
regarding how to calculate your due
date if you are entitled to an additional
5 days.
(2) Agreement-bar exception. If you
are filing a petition in an agreement-bar
situation under 5 CFR 2422.12(c), (d),
(e), and (f), then, as discussed further in
those regulations, you must file a
petition no later than 60 days before the
expiration date of the existing
collective-bargaining agreement (‘‘the
60-day date’’). The first day (‘‘day one’’)
of the period is the day before, not the
day on which, the collective-bargaining
agreement expires. Start with day one,
and count back on the calendar from
that day, including Saturdays, Sundays,
and federal legal holidays. If the 60th
day falls on a Saturday, Sunday, or
federal legal holiday, then you must file
your petition by the close of business on
the last official workday that comes
before, not after, that Saturday, Sunday,
or federal legal holiday.
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26435
(3) Exception for filing periods that
are 7 days or less. If your filing period
is 7 days or less, then determine the act,
event, or default that you are filing in
response to (‘‘the triggering event’’).
Find the first day after the triggering
event that is not a Saturday, Sunday, or
federal legal holiday. Start counting the
7-day period on (and including) that
day, but exclude any Saturdays,
Sundays, or federal legal holidays. The
7th day is the due date for filing.
(b) How the FLRA determines the date
on which documents have been filed.
The FLRA applies the following rules in
determining the date on which a party
has filed documents.
(1) General rules. Except in the
situations discussed in paragraph (b)(2)
of this section, the FLRA looks to the
method by which documents have been
filed in order to determine the date on
which those documents have been filed.
Specifically:
(i) Documents filed with the FLRA by
first-class mail. If the mailing contains
a legible postmark date, then that date
is the date of filing. If the mailing does
not contain a legible postmark date,
then the FLRA presumes that it was
filed 5 days prior to the date on which
the appropriate FLRA component,
officer, or agent receives it.
(ii) Documents filed with the FLRA by
facsimile (‘‘fax’’). If the date of
transmission on a fax is clear, then that
date is the filing date. If the date of
transmission on a fax is not clear, then
the date of filing is the date on which
the appropriate FLRA component,
officer, or agent receives the fax.
(iii) Documents filed with the FLRA by
personal delivery. The date of filing is
the date on which the appropriate FLRA
component, officer, or agent receives the
filing.
(iv) Documents filed with the FLRA by
deposit with a commercial-delivery
service that provides a record showing
the date of deposit. The date of filing is
the date of deposit with the commercialdelivery service.
(v) Documents filed electronically
through use of the eFiling system on the
FLRA’s Web site at www.flra.gov. The
date of filing is the calendar day
(including Saturdays, Sundays, and
federal legal holidays) on which the
document is transmitted in the eFiling
system. Although documents that are
filed electronically may be filed on
Saturdays, Sundays, and federal legal
holidays, they are not required to be
filed on such days, as discussed in
paragraph (a)(1)(v) of this section.
(2) Exceptions. The rules in paragraph
(b)(1) of this section do not apply to
filing an unfair labor practice charge
under 5 CFR part 2423, a representation
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petition under 5 CFR part 2422, and a
request for an extension of time under
§ 2429.23(a). See those provisions for
more information.
(c) Compliance with § 2429.24. All
documents filed or required to be filed
with the Authority must be filed in
accordance with the rules set out in
§ 2429.24.
17. Section 2429.22 is revised to read
as follows:
■
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§ 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. Except as discussed
in paragraphs (b), (c), (d), and (e) of this
section, apply the following rules if and
only if you are filing a document with
the FLRA in response to a document
that has been served on you by firstclass mail or commercial delivery. First,
look to § 2429.21(a)(1) and apply steps
1 through 5 of that section in order to
determine what normally would be your
due date. Second, starting with the next
calendar day, which will be day one,
count forward on the calendar,
including Saturdays, Sundays, and
federal legal holidays, until you reach
day five. If day five is not a Saturday,
Sunday, or federal legal holiday, then
your filing is due with the FLRA on that
day. If day five is a Saturday, Sunday,
or federal legal holiday, then find the
next calendar day that is not a Saturday,
Sunday, or federal legal holiday; your
filing is due with the FLRA on that day.
(b) Rules that apply when you have
been served by more than one method.
If someone has served you with a
document using more than one method
of service, then, as a general rule, the
first method of service is controlling for
purposes of determining your due date
for filing with the FLRA. For example,
if someone serves you with a document
by first-class mail or commercial
delivery on one day, and then serves
you by some other method (such as
electronic mail) the next day, then you
may add 5 days to your due date, as
described in paragraph (a) of this
section. But if someone serves you with
a document one day by any method
other than first-class mail or commercial
delivery, and later serves you with the
document by first-class mail or
commercial delivery, then you may not
add 5 days to your due date; rather, you
must look to § 2429.21(a)(1) and apply
steps 1 through 5 of that section in order
to determine your due date. Also, if
someone serves you by first-class mail
or commercial delivery on one day, and
by any other method on the same day,
then you may not add 5 days—even if
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the first-class mail was postmarked or
the time of deposit with the
commercial-delivery service was earlier
in the day than the time at which the
other method of service was effected.
(c) Exception for applications for
review filed under 5 CFR 2422.31. You
do not get an additional 5 days to file
an application for review of a Regional
Director’s Decision and Order under 5
CFR 2422.31, regardless of the method
of service of that Decision and Order.
(d) Exception where extension of time
has been granted. You do not get an
additional 5 days in any instance where
an extension of time already has been
granted.
(e) Rules that apply to exceptions to
arbitration awards. For specific rules
that apply to filing exceptions to
arbitration awards, see 5 CFR 2425.2(c).
18. Section 2429.24 is amended by
revising paragraphs (a), (e), (f), (g), (h),
and (i), and adding new paragraphs (j)
and (k), to read as follows:
■
§ 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 Web site at www.
flra.gov, anyone who files a document
with the Authority (as distinguished
from the General Counsel, a Regional
Director, or an Administrative Law
Judge) must file that document with the
Chief, Case Intake and Publication,
Federal Labor Relations Authority,
Docket Room, Suite 200, 1400 K Street
NW., Washington, DC 20424–0001
(telephone: (202) 218–7740) between 9
a.m. and 5 p.m. Eastern Time (‘‘E.T.’’),
Monday through Friday (except federal
holidays). If you file documents by hand
delivery, then you must present those
documents in the Docket Room no later
than 5 p.m. E.T., if you want the
Authority to accept those documents for
filing on that day. If you file documents
electronically through use of the FLRA’s
eFiling system, then you may file those
documents on any calendar day—
including Saturdays, Sundays, and
federal legal holidays—and the
Authority will consider those
documents filed on a particular day if
you file them no later than midnight
E.T. on that day. Note, however, that
although you may eFile documents on
Saturdays, Sundays, and federal legal
documents, you are not required to do
so. Also note that you may not file
documents with the Authority by
electronic mail (‘‘email’’).
*
*
*
*
*
(e) Except as discussed in paragraphs
(f) and (g) of this section, if you are
filing documents with the FLRA, then
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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 2422.31(a) through (c);
(2) Oppositions to applications for
review under 5 CFR 2422.31(d);
(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) Agency statements of position
under 5 CFR 2424.24;
(8) Exclusive representatives’
responses under 5 CFR 2424.25;
(9) Agency 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.
(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; and
(4) 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
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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.
■ 19. Section 2429.25 is revised to read
as follows:
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§ 2429.25
size.
Number of copies and paper
(a) General rule. Except as discussed
in paragraph (b) of this section, and
unless you use an FLRA-prescribed
form, any document that you file with
the Authority, General Counsel,
Administrative Law Judge, Regional
Director, or Hearing Officer, including
any attachments, must be on 81⁄2 by 11
inch size paper, using normal margins
and font sizes. You must file an original
as well as four (4) legible copies of each
document, for a total of five (5)
documents. You may substitute for the
original document a clean copy of that
document, so long as the copy is
capable of being used as an original for
purposes such as further reproduction.
(b) Exceptions. You are not required
to comply with paragraph (a) of this
section if and only if:
(1) You file documents by facsimile
transmission under § 2429.24(g), in
which case you are required to file only
one (1) legible copy that is capable of
being reproduced;
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(2) You file documents electronically
through use of the FLRA’s eFiling
system;
(3) The Authority or the General
Counsel, or their designated
representatives, allow you not to
comply; or
(4) Another provision of this
subchapter allows you not to comply.
20. Section 2429.27 is amended by
revising paragraphs (b), (c), and (d) to
read as follows:
■
§ 2429.27
Service; statement of service.
*
*
*
*
*
(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. For any documents
that you serve under this section, the
date of service depends on the manner
in which you serve the documents.
Specifically, the date of service shall be
the date on which you have: deposited
the served documents in the U.S. mail;
delivered them in person; deposited
them with a commercial-delivery
service that will provide a record
showing the date on which the
document was tendered to the delivery
service; transmitted them by fax (where
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26437
allowed under paragraph (b)(5) of this
section); or transmitted them by email
(where allowed under paragraph (b)(6)
of this section).
21. Section 2429.29 is revised to read
as follows:
■
§ 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.
Dated: May 1, 2012.
Carol Waller Pope,
Chairman.
[FR Doc. 2012–10801 Filed 5–3–12; 8:45 am]
BILLING CODE 6727–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2012–0382]
Drawbridge Operation Regulation;
Willamette River, Portland, OR
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Hawthorne
Bridge across the Willamette River, mile
13.1, at Portland, OR. This deviation is
necessary to accommodate the May
2012 running of Portland’s Rock-n-Roll
Half Marathon. This deviation allows
the bridge to remain in the closed
position to allow safe movement of
event participants.
DATES: This deviation is effective from
4 a.m. on May 20, 2012 through 10 a.m.
May 20, 2012.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2012–
0382 and are available online by going
to https://www.regulations.gov, inserting
USCG–2012–0382 in the ‘‘Keyword’’
box and then clicking ‘‘Search’’. They
are also available for inspection or
SUMMARY:
E:\FR\FM\04MYR1.SGM
04MYR1
]]>Agencies
[Federal Register Volume 77, Number 87 (Friday, May 4, 2012)]
[Rules and Regulations]
[Pages 26430-26437]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10801]
=======================================================================
-----------------------------------------------------------------------
FEDERAL LABOR RELATIONS AUTHORITY
5 CFR Parts 2423, 2424, 2425, and 2429
Unfair Labor Practice Proceedings; Negotiability Proceedings;
Review of Arbitration Awards; Miscellaneous and General Requirements
AGENCY: Federal Labor Relations Authority.
[[Page 26431]]
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Labor Relations Authority (the FLRA) is engaged in
an initiative to make electronic filing, or ``eFiling,'' available to
parties in all cases before the FLRA. Making eFiling available to its
parties is another way in which the FLRA is using technology to improve
the customer-service experience. EFiling also is expected to increase
efficiencies by reducing procedural filing errors and resulting
processing delays.
DATES: Effective Date: June 4, 2012.
ADDRESSES: Written comments can be emailed to engagetheflra@flra.gov or
sent to the Case Intake and Publication Office, Federal Labor Relations
Authority, Suite 200, 1400 K Street NW., Washington, DC 20424-0001. All
written comments will be available for public inspection during normal
business hours at the Case Intake and Publication Office.
FOR FURTHER INFORMATION CONTACT: Sarah Whittle Spooner, Counsel for
Regulatory and External Affairs, (202) 218-7791; or email:
engagetheflra@flra.gov.
SUPPLEMENTARY INFORMATION: In the first stage of its eFiling
initiative, the FLRA enabled parties to use eFiling to file requests
for Federal Service Impasses Panel assistance in the resolution of
negotiation impasses. See 77 FR 5987 (Feb. 7, 2012).
This final rule accompanies the second of three stages of the
FLRA's eFiling initiative. In this stage, parties will be able to use
the FLRA's eFiling system to electronically file 11 types of documents
in cases that are filed with the FLRA's three-Member adjudicatory body,
the Authority. This rule modifies the FLRA's existing regulations to
allow for eFiling of such documents, clarifies some of the FLRA's
procedural regulations, and explains how to calculate the due date for
filing when parties are served with documents by more than one method.
In addition, the rule provides that parties may use electronic mail
(``email'') to serve one another, but only if the served party agrees
to email service. Further, it modifies 5 CFR 2423.40(a)(3) to conform
to 5 CFR 2429.29, and deletes the statement in 5 CFR 2429.24 that
provides for parties filing carbon copies of typewritten material.
As the FLRA's eFiling procedures develop, the revisions set forth
in this action may be evaluated and revised further.
Sectional Analyses
Sectional analyses of the amendments and revisions to part 2423,
Unfair Labor Practice Proceedings, part 2424, Negotiability
Proceedings, part 2425, Review of Arbitration Awards, and part 2429,
Miscellaneous and General Requirements, are as follows:
Part 2423--Unfair Labor Practice Proceedings
Section 2423.0
This section is amended to state that part 2423 is applicable to
any unfair labor practice cases that are pending or filed with the FLRA
on or after June 4, 2012.
Section 2423.6
This section is amended to state that a charging party in an unfair
labor practice case may serve the charge on the charged party by email,
but only if the charged party has agreed to email service.
Section 2423.40
Paragraph (a)(3) of this section, which requires a table of
contents and table of authorities for exceptions containing 25 or more
pages, is amended to eliminate the reference to a table of contents.
While a table of contents is still required under 5 CFR 2429.29, the
table of contents requirement in this section is inconsistent with 5
CFR 2429.29, which requires a table of contents for documents exceeding
10 double-spaced pages.
Part 2424--Negotiability Proceedings
Section 2424.1
This section is amended to state that part 2424 is applicable to
all petitions for review filed on or after June 4, 2012.
Section 2424.22
Paragraph (b) of this section is amended to state that a petition
for review filed electronically through use of the FLRA's eFiling
system satisfies the content requirements of this paragraph, and that a
petition need not be dated if it is eFiled. Paragraph (b) also is
amended to state that copies of petition forms are available on the
FLRA's Web site. Finally, paragraph (b)(2) is amended to state that
documents submitted along with a petition may be uploaded as
attachments in the eFiling system if the exclusive representative
eFiles its petition.
Section 2424.24
Paragraph (c) of this section is amended to state that a statement
of position filed electronically through use of the FLRA's eFiling
system satisfies the content requirements of this paragraph, and that a
statement need not be dated if it is eFiled. Paragraph (c) also is
amended to state that copies of statement forms are available on the
FLRA's Web site. Finally, paragraph (c)(2) is amended to state that
documents submitted along with a statement may be uploaded as
attachments in the eFiling system if the agency eFiles its statement.
Section 2424.25
Paragraph (c) of this section is amended to state that a response
filed electronically through use of the FLRA's eFiling system satisfies
the content requirements of this paragraph, and that a response need
not be dated if it is eFiled. Paragraph (c) also is amended to state
that copies of response forms are available on the FLRA's Web site.
Finally, paragraph (c)(1) is amended to state that documents submitted
along with a response may be uploaded as attachments in the FLRA's
eFiling system if the exclusive representative eFiles its response.
Section 2424.26
Paragraph (c) of this section is amended to state that a reply
filed electronically through use of the FLRA's eFiling system satisfies
the content requirements of this paragraph, and that a reply need not
be dated if it is eFiled. Paragraph (c) also is amended to state that
copies of reply forms are available on the FLRA's Web site. Finally,
paragraph (c) is amended to state that documents submitted along with a
reply may be uploaded as attachments in the FLRA's eFiling system if
the agency eFiles its reply.
Part 2425--Review of Arbitration Awards
Section 2425.1
This section is amended to state that part 2425 is applicable to
all arbitration cases in which exceptions are filed with the Authority,
pursuant to 5 U.S.C. 7122, on or after June 4, 2012.
Section 2425.4
Paragraph (a) of this section is amended to state that arbitration
exceptions filed electronically through use of the FLRA's eFiling
system need not be dated. In addition, paragraph (a)(3) of this section
is amended to provide that documents may be uploaded as attachments in
the FLRA's eFiling system if the excepting party uses that system to
file exceptions.
Paragraph (d) of this section is amended to provide that an
exception form is provided on the FLRA's Web
[[Page 26432]]
site, and that filing an exception electronically through use of the
FLRA's eFiling system complies with the formatting requirements of this
paragraph.
Section 2425.5
This section is amended to provide that an opposition form is
provided on the FLRA's Web site. It also is amended to provide that
filing an opposition electronically through use of the FLRA's eFiling
system complies with the formatting requirements of this section, and
that documents may be uploaded as attachments in the eFiling system if
the opposing party uses that system to file an opposition.
Part 2429--Miscellaneous and General Requirements
Section 2429.21
This section is renamed, ``How to compute the due date for filing
documents with the FLRA; how the FLRA determines the date on which
documents have been filed.''
Paragraph (a) of this section is renamed, ``How to compute the due
date for filing documents with the FLRA,'' and is revised to clarify
the existing rules regarding how to calculate the due date for filing
documents with the FLRA. Paragraph (a)(1) is revised to specify that,
if the last day of the filing period falls on a Saturday, Sunday, or
federal legal holiday, then the due date falls to the next day that is
not a Saturday, Sunday, or federal legal holiday, even if the party is
eFiling.
Paragraph (b) of this section is renamed, ``How the FLRA determines
the date on which documents have been filed,'' and is revised to
clarify the existing rules regarding how the FLRA determines the date
on which a party has filed documents. Paragraph (b)(1)(v) adds that, if
a party files documents electronically through use of the FLRA's
eFiling system, then the date of filing is the calendar day (including
Saturdays, Sundays, and federal legal holidays) on which the document
is transmitted in the eFiling system. It also notes that, consistent
with paragraph (a)(1)(v), an eFiled document is not required to be
filed on a Saturday, Sunday, or federal legal holiday.
Section 2429.22
This section is renamed, ``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,'' and is divided into
paragraphs.
Paragraph (a) of this section, ``General rules,'' clarifies the
existing, general rules regarding adding 5 days to the filing period
when a party is filing in response to a document that has been served
on that party by first-class mail or commercial delivery.
Paragraph (b) of this section, ``Rules that apply when you have
been served by more than one method,'' explains the rules that apply
when a filing party is filing in response to a document that has been
served on that party by more than one method. It provides that, as a
general rule, the first method of service is controlling for purposes
of determining the due date for a responsive filing. It also provides
that the filing party is entitled to the additional 5 days only if
first-class mail or commercial delivery is the first method of service.
It further provides that, if a party is served by first-class mail or
commercial delivery on one day, and served by any method other than
first-class mail or commercial delivery on the same day, then the party
may not add 5 days--even if the served document was postmarked or
deposited with a commercial-delivery service earlier in the day than
the other method(s) of transmission.
Paragraph (c) of this section, ``Exception for applications for
review filed under 5 CFR 2422.31,'' restates an existing rule that a
filing party does not receive an extra 5 days to file an application
for review under 5 CFR 2422.31.
Paragraph (d) of this section, ``Exception where extension of time
has been granted,'' restates an existing rule that a filing party does
not get an extra 5 days if that party already has received an extension
of time.
Paragraph (e) of this section, ``Rules that apply to exceptions to
arbitration awards,'' refers the reader to 5 CFR 2425.2(c) for rules
that apply when a party is filing exceptions to an arbitration award.
Section 2429.24
Paragraph (a) of this section is amended to clarify that the rules
in paragraph (a) apply to documents filed with the Authority, and not
documents filed with the General Counsel, a Regional Director, or an
Administrative Law Judge. It also is amended to clarify that the times
discussed in the paragraph are Eastern Time (``E.T.''). Further, it is
amended to provide that documents that are filed electronically through
use of the FLRA's eFiling system may be filed on any calendar day--
including Saturdays, Sundays, and federal legal holidays, although they
are not required to be filed on those days--and will be considered
filed on a particular day if they are filed by midnight E.T. that day.
Finally, paragraph (a) is amended to clarify that documents may not be
filed with the Authority by email.
Paragraph (e) of this section is amended to provide that the
general rule in the first sentence of existing paragraph (e) is subject
to new paragraphs (f) and (g), and to move the existing exceptions
discussed in current paragraph (e) to paragraph (g).
New paragraph (f) of this section provides that, as an alternative
to filing by the methods discussed in paragraph (e), a party may file
the following 11 types of documents electronically through use of the
FLRA's eFiling service: (1) Applications for review under 5 CFR
2422.31(a)-(c); (2) oppositions to applications for review under 5 CFR
2422.31(d); (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) agency statements of position under 5
CFR 2424.24; (8) exclusive representatives' responses under 5 CFR
2424.25; (9) agency 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.
New paragraphs (g)(1)-(4) of this section clarify the existing
rules (currently in paragraph (e)) for filing certain documents by
facsimile.
New paragraph (h) of this section restates an existing requirement
(currently in paragraph (f)) that matters filed under Sec. 2429.24 be
legibly printed, typed, or otherwise duplicated. It also deletes the
sentence, ``Carbon copies of typewritten matter will be accepted if
they are clearly legible,'' as parties generally do not submit such
carbon copies. Further, new paragraph (h) provides that, for purposes
of documents that are filed electronically through use of the eFiling
system, ``legibly duplicated'' means that documents that are uploaded
as attachments in the eFiling system must be legible.
Paragraph (i) of this section restates, more clearly, existing
wording (currently in paragraph (g)).
Paragraph (j) of this section restates existing paragraph (h) and
adds that, for documents that are eFiled, the documents must contain
the mailing address, email address, and telephone number of the
individual who is filing the document, but not that individual's
signature.
[[Page 26433]]
Paragraph (k) of this section restates and clarifies existing
paragraph (i).
Section 2429.25
This section is revised and divided into paragraphs.
New paragraph (a) of this section, ``General rule,'' restates and
clarifies the existing, general rule regarding the number of copies and
paper size of documents that are filed with the Authority, General
Counsel, Administrative Law Judge, Regional Director, or Hearing
Officer. It also provides that the general rule is subject to the
exceptions set forth in new paragraph (b).
New paragraph (b)(1), (3), and (4) of this section restate and
clarify the existing exceptions to the general rule that is now set
forth in paragraph (a). New paragraph (b)(2) adds a new exception for
documents that are filed electronically through use of the FLRA's
eFiling system.
Section 2429.27
Paragraph (b) of this section is revised and divided into
paragraphs (1) through (6). Paragraphs (1) through (5) restate
existing, authorized methods of service. Paragraph (6) states that
parties may serve one another by email, but only if the receiving party
agrees to email service.
Paragraph (c) of this section clarifies the existing requirements
regarding filing statements of service with the FLRA. It also states
that, for documents that are eFiled, the filing party or individual
must certify, in the eFiling system and at the time of filing, that
copies of the filing and any supporting documents have been served on
the appropriate individuals specified in Sec. 2429.27(a). Finally,
paragraph (c) provides that statements of service must be signed and
dated, unless they are eFiled.
Paragraph (d) of this section clarifies the existing rules
regarding calculating the date of service, and adds that, for documents
served by email, the date of service is the date on which the documents
were transmitted by email.
Section 2429.29
This section is amended to provide that the existing table-of-
contents requirement for documents exceeding 10 double-spaced pages in
length applies to briefs that are uploaded as attachments in the
eFiling system, but that a party using the fillable forms on the FLRA's
eFiling system is not required to submit a separate table of contents.
Executive Order 12866
The FLRA is an independent regulatory agency, and as such, is not
subject to the requirements of E.O. 12866.
Executive Order 13132
The FLRA is an independent regulatory agency, and as such, is not
subject to the requirements of E.O. 13132.
Regulatory Flexibility Act Certification
Pursuant to section 605(b) of the Regulatory Flexibility Act, 5
U.S.C. 605(b), the Chairman of the FLRA has determined that this rule,
as amended, will not have a significant impact on a substantial number
of small entities, because this rule applies only to federal agencies,
federal employees, and labor organizations representing those
employees.
Unfunded Mandates Reform Act of 1995
This rule change will not result in the expenditure by state,
local, and tribal governments, in the aggregate, or by the private
sector, of $100,000,000 or more in any one year, and it will not
significantly or uniquely affect small governments. Therefore, no
actions were deemed necessary under the provisions of the Unfunded
Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This action is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Fairness Act of 1996. This rule
will not result in an annual effect on the economy of $100,000,000 or
more; a major increase in costs or prices; or significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based companies to
compete with foreign-based companies in domestic and export markets.
Paperwork Reduction Act of 1995
The amended regulations contain no additional information
collection or record-keeping requirements under the Paperwork Reduction
Act of 1995, 44 U.S.C. 3501, et seq.
List of Subjects in 5 CFR Parts 2423, 2424, 2425, and 2429
Administrative practice and procedure, Government employees, Labor
management relations.
For the reasons stated in the preamble, the FLRA amends 5 CFR Parts
2423, 2424, 2425, as follows:
PART 2423--[AMENDED]
0
1. The authority citation for part 2423 continues to read as follows:
Authority: 3 U.S.C. 431; 5 U.S.C. 7134.
0
2. Section 2423.0 is revised to read as follows:
Sec. 2423.0 Applicability of this part.
This part applies to any unfair labor practice cases that are
pending or filed with the FLRA on or after June 4, 2012.
0
3. Section 2423.6 is amended by revising paragraph (d) to read as
follows:
Sec. 2423.6 Filing and service of copies.
* * * * *
(d) Service of the charge. You must serve a copy of the charge
(without supporting evidence and documents) on the Charged Party. Where
facsimile equipment is available, you may serve the charge by facsimile
transmission, as paragraph (c) of this section discusses.
Alternatively, you may serve the charge by electronic mail (``email''),
but only if the Charged Party has agreed to be served by email. The
Region routinely serves a copy of the charge on the Charged Party, but
you remain responsible for serving the charge, consistent with the
requirements in this paragraph.
0
4. Section 2423.40 is amended by revising paragraph (a)(3) to read as
follows:
Sec. 2423.40 Exceptions; oppositions and cross-exceptions;
oppositions to cross-exceptions; waiver.
(a) * * *
(3) Exceptions containing 25 or more pages shall include a table of
legal authorities cited.
* * * * *
PART 2424--[AMENDED]
0
5. The authority citation for part 2424 continues to read as follows:
Authority: 5 U.S.C. 7134.
0
6. Section 2424.1 is revised to read as follows:
Sec. 2424.1 Applicability of this part.
This part applies to all petitions for review filed on or after
June 4, 2012.
0
7. Section 2424.22 is amended to revise paragraphs (b) introductory
text and (b)(2) to read as follows:
Sec. 2424.22 Exclusive representative's petition for review; purpose;
content; severance; service.
* * * * *
(b) Content. You must file a petition for review on a form that the
Authority
[[Page 26434]]
has provided for that purpose, or in a substantially similar format.
You meet this requirement if you file your petition electronically
through use of the eFiling system on the FLRA's Web site at
www.flra.gov. That Web site also provides copies of petition forms. You
must date the petition, unless you file it electronically through use
of the FLRA's eFiling system. And, regardless of how you file the
petition, you must ensure that it includes the following:
* * * * *
(2) Specific citation to any law, rule, regulation, section of a
collective bargaining agreement, or other authority that you rely on in
your argument or that you reference in the proposal or provision, and a
copy of any such material that the Authority cannot easily access
(which you may upload as attachments if you file the petition
electronically through use of the FLRA's eFiling system);
* * * * *
0
8. Section 2424.24 is amended by revising paragraphs (c) introductory
text and (c)(2) introductory text to read as follows:
Sec. 2424.24 Agency's statement of position; purpose; time limits;
content; severance; service.
* * * * *
(c) Content. You must file your statement of position on a form
that the Authority has provided for that purpose, or in a substantially
similar format. You meet this requirement if you file your statement
electronically through use of the eFiling system on the FLRA's Web site
at www.flra.gov. That Web site also provides copies of statement forms.
You must date your statement, unless you file it electronically through
use of the eFiling system. And, regardless of how you file your
statement, your statement must:
* * * * *
(2) Set forth in full your position on any matters relevant to the
petition that you want the Authority to consider in reaching its
decision, including: A statement of the arguments and authorities
supporting any bargaining obligation or negotiability claims; any
disagreement with claims that the exclusive representative made in the
petition for review; specific citation to any law, rule, regulation,
section of a collective bargaining agreement, or other authority that
you rely on; and a copy of any such material that the Authority may not
easily access (which you may upload as attachments if you file your
statement of position electronically through use of the FLRA's eFiling
system). Your statement of position must also include the following:
* * * * *
0
9. Section 2424.25 is amended by revising paragraphs (c) introductory
text and (c)(1) introductory text to read as follows:
Sec. 2424.25 Response of the exclusive representative; purpose; time
limits; content; severance; service.
* * * * *
(c) Content. You must file your response on a form that the
Authority has provided for that purpose, or in a substantially similar
format. You meet this requirement if you file your response
electronically through use of the eFiling system on the FLRA's Web site
at www.flra.gov. That Web site also provides copies of response forms.
With the exception of a request for severance under paragraph (d) of
this section, you must limit your response to the matters that the
agency raised in its statement of position. You must date your
response, unless you file it electronically through use of the FLRA's
eFiling system. And, regardless of how you file your response, you must
ensure that it includes the following:
(1) Any disagreement with the agency's bargaining obligation or
negotiability claims. You must: State the arguments and authorities
supporting your opposition to any agency argument; include specific
citation to any law, rule, regulation, section of a collective
bargaining agreement, or other authority on which you rely; and provide
a copy of any such material that the Authority may not easily access
(which you may upload as attachments if you file your response
electronically through use of the FLRA's eFiling system). You are not
required to repeat arguments that you made in your petition for review.
If not included in the petition for review, then you must state the
arguments and authorities supporting any assertion that the proposal or
provision does not affect a management right under 5 U.S.C. 7106(a),
and any assertion that an exception to management rights applies,
including:
* * * * *
0
10. Section 2424.26 is amended by revising paragraph (c) introductory
text to read as follows:
Sec. 2424.26 Agency's reply; purpose; time limits; content; service.
* * * * *
(c) Content. You must file your reply on a form that the Authority
has provided for that purpose, or in a substantially similar format.
You meet this requirement if you file your reply electronically through
use of the eFiling system on the FLRA's Web site at www.flra.gov. That
Web site also provides copies of reply forms. You must limit your reply
to matters that the exclusive representative raised for the first time
in its response. Your reply must: State the arguments and authorities
supporting your position; cite with specificity any law, rule,
regulation, section of a collective bargaining agreement, or other
authority that you rely on; and provide a copy of any material that the
Authority may not easily access (which you may upload as attachments if
you file your reply electronically through use of the FLRA's eFiling
system). You must date your reply, unless you file it electronically
through use of the FLRA's eFiling system. And, regardless of how you
file your reply, you must ensure that it includes the following:
* * * * *
PART 2425--[AMENDED]
0
11. The authority citation for part 2425 continues to read as follows:
Authority: 5 U.S.C. 7134.
0
12. Section 2425.1 is revised to read as follows:
Sec. 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 June
4, 2012.
0
13. Section 2425.4 is amended to revise paragraphs (a) introductory
text, (a)(3), and (d) to read as follows:
Sec. 2425.4 Content and format of exceptions.
(a) What is required. You must date your exception, unless you file
it electronically through use of the eFiling system on the FLRA's Web
site at www.flra.gov. Regardless of how you file your exception, you
must ensure that it is self-contained and that it sets forth, in full,
the following:
* * * * *
(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);
* * * * *
(d) Format. You may file your exception on an optional form that is
available on the FLRA's Web site at www.flra.gov, or in any other
format that is consistent with paragraphs (a) and (c)
[[Page 26435]]
of this section. You meet this requirement if you file your exception
electronically through use of the FLRA's eFiling system on that Web
site. Your failure to use, or properly fill out, an Authority-provided
form will not, by itself, provide a basis for dismissing your
exception.
0
14. Section 2425.5 is revised to read as follows:
Sec. 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, or in any other format that is consistent with this
section. You meet this requirement if you file your opposition
electronically through use of the FLRA's eFiling system on that Web
site. Your failure to use, or properly fill out, an Authority-provided
form will not, by itself, provide a basis for dismissing your
opposition. If you choose to file an opposition, and you dispute any
assertions that have been made in the exceptions, then you should
address those assertions--including any assertions that any evidence,
factual assertions, arguments (including affirmative defenses),
requested remedies, or challenges to an awarded remedy were raised
before the arbitrator. If the excepting party has requested an
expedited, abbreviated decision under Sec. 2425.7 of this part, then
you should state whether you support or oppose such a decision and
provide supporting arguments. You must provide copies of any documents
upon which you rely (which you may upload as attachments if you file
your opposition electronically through use of the FLRA's eFiling
system), unless the Authority can easily access those documents (as
discussed in Sec. 2425.4(b) of this part) or the excepting party
provided them with its exceptions.
PART 2429--[AMENDED]
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15. The authority citation for part 2429 continues to read as follows:
Authority: 5 U.S.C. 7134; Sec. 2429.18 also issued under 28
U.S.C. 2112(a).
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16. Section 2429.21 is revised to read as follows:
Sec. 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.
In computing the due date for filing any document with the FLRA under
this subchapter, follow these rules:
(1) General rules. Except in the situations discussed in paragraphs
(a)(2) and (3) of this section, follow these steps in order to
determine the date on which you must file any document with the FLRA.
(i) Step 1: Determine the act, event, or default (``the triggering
event'') that you are filing in response to. The act, event, or default
constitutes the triggering event even if it falls on a Saturday,
Sunday, or federal legal holiday.
(ii) Step 2: Determine the number of days that you have to file
(``the filing period'').
(iii) Step 3: Determine the first day of the filing period. This is
the day after, not the day of, the triggering event, and constitutes
the first day of the filing period even if it is a Saturday, Sunday, or
federal legal holiday.
(iv) Step 4: Starting with the first day of the filing period,
count calendar days--including Saturdays, Sundays, and federal legal
holidays--until you reach the last day of the filing period (``the last
day'').
(v) Step 5: Ask: Does the last day fall on a Saturday, Sunday, or
federal legal holiday? If no, then your filing is due on that day
(unless you are entitled to an additional 5 days under Sec. 2429.22).
If yes, then find the next day on the calendar that is not a Saturday,
Sunday, or federal legal holiday. Your filing is due on that day
(unless you are entitled to an additional 5 days under Sec. 2429.22),
even if you are filing electronically through use of the eFiling system
on the FLRA's Web site at www.flra.gov (although, as discussed in
paragraph (b)(1)(v) of this section, you are permitted to file
electronically on Saturdays, Sundays, or federal legal holidays). See
Sec. 2429.22 for rules regarding how to calculate your due date if you
are entitled to an additional 5 days.
(2) Agreement-bar exception. If you are filing a petition in an
agreement-bar situation under 5 CFR 2422.12(c), (d), (e), and (f),
then, as discussed further in those regulations, you must file a
petition no later than 60 days before the expiration date of the
existing collective-bargaining agreement (``the 60-day date''). The
first day (``day one'') of the period is the day before, not the day on
which, the collective-bargaining agreement expires. Start with day one,
and count back on the calendar from that day, including Saturdays,
Sundays, and federal legal holidays. If the 60th day falls on a
Saturday, Sunday, or federal legal holiday, then you must file your
petition by the close of business on the last official workday that
comes before, not after, that Saturday, Sunday, or federal legal
holiday.
(3) Exception for filing periods that are 7 days or less. If your
filing period is 7 days or less, then determine the act, event, or
default that you are filing in response to (``the triggering event'').
Find the first day after the triggering event that is not a Saturday,
Sunday, or federal legal holiday. Start counting the 7-day period on
(and including) that day, but exclude any Saturdays, Sundays, or
federal legal holidays. The 7th day is the due date for filing.
(b) How the FLRA determines the date on which documents have been
filed. The FLRA applies the following rules in determining the date on
which a party has filed documents.
(1) General rules. Except in the situations discussed in paragraph
(b)(2) of this section, the FLRA looks to the method by which documents
have been filed in order to determine the date on which those documents
have been filed. Specifically:
(i) Documents filed with the FLRA by first-class mail. If the
mailing contains a legible postmark date, then that date is the date of
filing. If the mailing does not contain a legible postmark date, then
the FLRA presumes that it was filed 5 days prior to the date on which
the appropriate FLRA component, officer, or agent receives it.
(ii) Documents filed with the FLRA by facsimile (``fax''). If the
date of transmission on a fax is clear, then that date is the filing
date. If the date of transmission on a fax is not clear, then the date
of filing is the date on which the appropriate FLRA component, officer,
or agent receives the fax.
(iii) Documents filed with the FLRA by personal delivery. The date
of filing is the date on which the appropriate FLRA component, officer,
or agent receives the filing.
(iv) Documents filed with the FLRA by deposit with a commercial-
delivery service that provides a record showing the date of deposit.
The date of filing is the date of deposit with the commercial-delivery
service.
(v) Documents filed electronically through use of the eFiling
system on the FLRA's Web site at www.flra.gov. The date of filing is
the calendar day (including Saturdays, Sundays, and federal legal
holidays) on which the document is transmitted in the eFiling system.
Although documents that are filed electronically may be filed on
Saturdays, Sundays, and federal legal holidays, they are not required
to be filed on such days, as discussed in paragraph (a)(1)(v) of this
section.
(2) Exceptions. The rules in paragraph (b)(1) of this section do
not apply to filing an unfair labor practice charge under 5 CFR part
2423, a representation
[[Page 26436]]
petition under 5 CFR part 2422, and a request for an extension of time
under Sec. 2429.23(a). See those provisions for more information.
(c) Compliance with Sec. 2429.24. All documents filed or required
to be filed with the Authority must be filed in accordance with the
rules set out in Sec. 2429.24.
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17. Section 2429.22 is revised to read as follows:
Sec. 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. Except as discussed in paragraphs (b), (c), (d),
and (e) of this section, apply the following rules if and only if you
are filing a document with the FLRA in response to a document that has
been served on you by first-class mail or commercial delivery. First,
look to Sec. 2429.21(a)(1) and apply steps 1 through 5 of that section
in order to determine what normally would be your due date. Second,
starting with the next calendar day, which will be day one, count
forward on the calendar, including Saturdays, Sundays, and federal
legal holidays, until you reach day five. If day five is not a
Saturday, Sunday, or federal legal holiday, then your filing is due
with the FLRA on that day. If day five is a Saturday, Sunday, or
federal legal holiday, then find the next calendar day that is not a
Saturday, Sunday, or federal legal holiday; your filing is due with the
FLRA on that day.
(b) Rules that apply when you have been served by more than one
method. If someone has served you with a document using more than one
method of service, then, as a general rule, the first method of service
is controlling for purposes of determining your due date for filing
with the FLRA. For example, if someone serves you with a document by
first-class mail or commercial delivery on one day, and then serves you
by some other method (such as electronic mail) the next day, then you
may add 5 days to your due date, as described in paragraph (a) of this
section. But if someone serves you with a document one day by any
method other than first-class mail or commercial delivery, and later
serves you with the document by first-class mail or commercial
delivery, then you may not add 5 days to your due date; rather, you
must look to Sec. 2429.21(a)(1) and apply steps 1 through 5 of that
section in order to determine your due date. Also, if someone serves
you by first-class mail or commercial delivery on one day, and by any
other method on the same day, then you may not add 5 days--even if the
first-class mail was postmarked or the time of deposit with the
commercial-delivery service was earlier in the day than the time at
which the other method of service was effected.
(c) Exception for applications for review filed under 5 CFR
2422.31. You do not get an additional 5 days to file an application for
review of a Regional Director's Decision and Order under 5 CFR 2422.31,
regardless of the method of service of that Decision and Order.
(d) Exception where extension of time has been granted. You do not
get an additional 5 days in any instance where an extension of time
already has been granted.
(e) Rules that apply to exceptions to arbitration awards. For
specific rules that apply to filing exceptions to arbitration awards,
see 5 CFR 2425.2(c).
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18. Section 2429.24 is amended by revising paragraphs (a), (e), (f),
(g), (h), and (i), and adding new paragraphs (j) and (k), to read as
follows:
Sec. 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 Web site at www.flra.gov, anyone
who files a document with the Authority (as distinguished from the
General Counsel, a Regional Director, or an Administrative Law Judge)
must file that document with the Chief, Case Intake and Publication,
Federal Labor Relations Authority, Docket Room, Suite 200, 1400 K
Street NW., Washington, DC 20424-0001 (telephone: (202) 218-7740)
between 9 a.m. and 5 p.m. Eastern Time (``E.T.''), Monday through
Friday (except federal holidays). If you file documents by hand
delivery, then you must present those documents in the Docket Room no
later than 5 p.m. E.T., if you want the Authority to accept those
documents for filing on that day. If you file documents electronically
through use of the FLRA's eFiling system, then you may file those
documents on any calendar day--including Saturdays, Sundays, and
federal legal holidays--and the Authority will consider those documents
filed on a particular day if you file them no later than midnight E.T.
on that day. Note, however, that although you may eFile documents on
Saturdays, Sundays, and federal legal documents, you are not required
to do so. Also note that you may not file documents with the Authority
by electronic mail (``email'').
* * * * *
(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 2422.31(a) through (c);
(2) Oppositions to applications for review under 5 CFR 2422.31(d);
(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) Agency statements of position under 5 CFR 2424.24;
(8) Exclusive representatives' responses under 5 CFR 2424.25;
(9) Agency 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.
(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; and
(4) 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
[[Page 26437]]
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.
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19. Section 2429.25 is revised to read as follows:
Sec. 2429.25 Number of copies and paper size.
(a) General rule. Except as discussed in paragraph (b) of this
section, and unless you use an FLRA-prescribed form, any document that
you file with the Authority, General Counsel, Administrative Law Judge,
Regional Director, or Hearing Officer, including any attachments, must
be on 8\1/2\ by 11 inch size paper, using normal margins and font
sizes. You must file an original as well as four (4) legible copies of
each document, for a total of five (5) documents. You may substitute
for the original document a clean copy of that document, so long as the
copy is capable of being used as an original for purposes such as
further reproduction.
(b) Exceptions. You are not required to comply with paragraph (a)
of this section if and only if:
(1) You file documents by facsimile transmission under Sec.
2429.24(g), in which case you are required to file only one (1) legible
copy that is capable of being reproduced;
(2) You file documents electronically through use of the FLRA's
eFiling system;
(3) The Authority or the General Counsel, or their designated
representatives, allow you not to comply; or
(4) Another provision of this subchapter allows you not to comply.
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20. Section 2429.27 is amended by revising paragraphs (b), (c), and (d)
to read as follows:
Sec. 2429.27 Service; statement of service.
* * * * *
(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 Sec. 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. For any documents that you serve under this
section, the date of service depends on the manner in which you serve
the documents. Specifically, the date of service shall be the date on
which you have: deposited the served documents in the U.S. mail;
delivered them in person; deposited them with a commercial-delivery
service that will provide a record showing the date on which the
document was tendered to the delivery service; transmitted them by fax
(where allowed under paragraph (b)(5) of this section); or transmitted
them by email (where allowed under paragraph (b)(6) of this section).
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21. Section 2429.29 is revised to read as follows:
Sec. 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.
Dated: May 1, 2012.
Carol Waller Pope,
Chairman.
[FR Doc. 2012-10801 Filed 5-3-12; 8:45 am]
BILLING CODE 6727-01-P
