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CHAPTER XIV-FEDERAL LABOR RELATIONS

AUTHORITY, GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY AND

FEDERAL SERVICE IMPASSES PANEL

SUBCHAPTER A-TRANSITION RULES AND REGULATIONS (RESERVED]

SUBCHAPTER B-GENERAL PROVISIONS

Part 2411 2412 2413 2414 2415 2416

Availability of official information
Privacy ......
Open meetings ....
Ex parte communications
Employee responsibilities and conduct
Enforcement of nondiscrimination on the basis of

handicap in programs or activities conducted by
the Federal Labor Relations Authority

Page 349 358 363 366 368

368

.....

SUBCHAPTER C-FEDERAL LABOR RELATIONS AUTHORITY AND GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY

2420 2421 2422 2423 2424 2425 2426

375 375 378 389 403 412

Purpose and scope
Meaning of terms as used in this subchapter
Representation proceedings ......
Unfair labor practice proceedings
Negotiability proceedings
Review of arbitration awards
National consultation rights and consultation

rights on Government-wide rules or regulations
General statements of policy or guidance ...
Enforcement of Assistant Secretary standards of

conduct decisions and orders .... Miscellaneous and general requirements Awards of attorney fees and other expenses

412 417

2427 2428

2429 2430

418 418 424

SUBCHAPTER D-FEDERAL SERVICE IMPASSES PANEL

2470

General

430 430

434 438

2471 Procedures of the panel ......
2472 Impasses arising pursuant to agency determina-

tions not to establish or to terminate flexible or

compressed work schedules
2473 Subpoenas
Appendix A to 5 CFR Chapter XIV-Current Addresses and

Geographic Jurisdictions
Appendix B to 5 CFR Chapter XIV–Memorandum Describ-
ing the Authority and Assigned Responsibilities of the
General Counsel of the Federal Labor Relations Author-
ity

439

440

[RESERVED]
SUBCHAPTER B-GENERAL PROVISIONS

re

PART 2411-AVAILABILITY OF received from any person or organizaOFFICIAL INFORMATION

tion under $2411.4(a).

(b) Federal Service Impasses Panel. The Sec.

Executive Director of the Federal Serv2411.1 Purpose and scope.

ice Impasses Panel is delegated the ex2411.2 Delegation of authority.

clusive authority to act upon all re2411.3 Information policy.

quests for information, documents and 2411.4 Procedure for obtaining information. records which are received from any 2411.5 Identification of information

person or organization under g 2411.4(b). quested. 2411.6 Time limits for processing requests.

$2411.3 Information policy. 2411.7 Appeal from denial of request. 2411.8 Modification of time limits.

(a) Federal Labor Relations Authority/ 2411.9 Effect of failure to meet time limits. General Counsel of the Federal Labor Re2411.10 Fees.

lations Authority. (1) It is the policy of 2411.11 Compliance with subpenas.

the Federal Labor Relations Authority 2411.12 Annual report.

and the General Counsel of the Federal AUTHORITY: 5 U.S.C. 552.

Labor Relations Authority to make SOURCE: 45 FR 3488, Jan. 17, 1980, unless

available for public inspection and otherwise noted.

copying: (i) Final decisions and orders

of the Authority and administrative 82411.1 Purpose and scope.

rulings of the General Counsel; (ii) This part contains the regulations of statements of policy and interpretathe Federal Labor Relations Authority, tions which have been adopted by the the General Counsel of the Federal Authority or by the General Counsel Labor Relations Authority and the and are not published in the FEDERAL Federal Service Impasses Panel pro- REGISTER; and (iii) administrative staff viding for public access to information manuals and instructions to staff that from the Authority, the General Coun- affect a member of the public (except sel or the Panel. These regulations im- those establishing internal operating plement the Freedom of Information rules, guidelines, and procedures for Act, as amended, 5 U.S.C. 552, and the the investigation, trial, and settlement policy of the Authority, the General of cases). Any person may examine and Counsel and the Panel to disseminate copy items (i) through (iii) at each reinformation on matters of interest to gional office of the Authority and at the public and to disclose to members the offices of the Authority and the of the public on request such informa- General Counsel, respectively, in Washtion contained in records insofar as is ington, DC, under conditions prescribed compatible with the discharge of their by the Authority and the General responsibilities, consistent with appli- Counsel, respectively, and at reasoncable law.

able times during normal working

hours so long as it does not interfere 82411.2 Delegation of authority.

with the efficient operations of the Au(a) Federal Labor Relations Authority thority and the General Counsel. To General Counsel of the Federal Labor Re- the extent required to prevent a clearly lations Authority. Regional Directors of unwarranted invasion of personal prithe Federal Labor Relations Authority, vacy, identifying details may be dethe Freedom of Information Officer of leted and, in each case, the justificathe Office of the General Counsel, tion for the deletion shall be fully exWashington, DC, and the Solicitor of plained in writing. the Federal Labor Relations Authority (2) It is the policy of the Authority are delegated the exclusive authority and the General Counsel to make to act upon all requests for informa- promptly available for public inspection, documents and records which are tion and copying, upon request by any

ations of either the Authority, the General Counsel, or the Panel.

(d) The Authority, the General Counsel or the Panel may decline to disclose any matters exempted from the disclosure requirements in 5 U.S.C. 552(b), particularly those that are:

(1)(i) Specifically authorized under criteria established by an executive order to be kept secret in the interest of national defense or foreign policy and (ii) are in fact properly classified pursuant to such executive order;

(2) Related solely to internal personnel rules and practices of the Authority, the General Counsel or the Panel;

(3) Specifically exempted from disclosure by statute (other than 5 U.S.C. 552(b)), provided that such statute:

(i) Requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue;

or

person, other records where the request reasonably describes such records and otherwise conforms with the rules provided herein.

(b) Federal Service Impasses Panel. (1) It is the policy of the Federal Service Impasses Panel to make available for public inspection and copying: (i) Procedural determinations of the Panel; (ii) factfinding and arbitration reports; (iii) final decisions and orders of the Panel; (iv) statements of policy and interpretations which have been adopted by the Panel and are not published in the FEDERAL REGISTER; and (v) administrative staff manuals and instructions to staff that affect a member of the public. Any person may examine and copy items (i) through (v) at the Panel's offices in Washington, D.C., under conditions prescribed by the Panel, and at reasonable times during normal working hours so long as it does not interfere with the efficient operations of the Panel. To the extent required to prevent a clearly unwarranted invasion of personal privacy, identifying details may be deleted and, in each case, the justification for the deletion shall be fully explained in writing.

(2) It is the policy of the Panel to make promptly available for public inspection and copying, upon request by any person, other records where the request reasonably describes such records and otherwise conforms with the rules provided herein.

(C) The Authority, the General Counsel and the Panel shall maintain and make available for public inspection and copying the current indexes and supplements thereto which

required by 5 U.S.C. 552(a)(2) and, as appropriate, a record of the final votes of each member of the Authority and of the Panel in every agency proceeding. Any person may examine and copy such document or record of the Authority, the General Counsel or the Panel at the offices of either the Authority, the General Counsel, or the Panel, as appropriate, in Washington, under conditions prescribed by the Authority, the General Counsel or the Panel at reasonable times during normal working hours so long as it does not interfere with the efficient oper

(5)

(ii) Establishes particular criteria for withholding or refers to particular types of matters to be withheld;

(4) Trade secrets and commercial or financial information obtained from a person and privileged or confidential;

Interagency or intra-agency memoranda or letters which would not be available by law to a party other than an agency in litigation with the agency;

(6) Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; or

(7) Investigatory records compiled for law enforcement purposes, but only to the extent that the production of such records would:

(i) Interfere with an enforcement proceeding;

(ii) Deprive a person of a right to a fair trial or an impartial adjudication;

(iii) Constitute an unwarranted invasion of personal privacy;

(iv) Disclose the identity of a confidential source and, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source;

are

D.C.,

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