schedule under section 6131 (c)(2) or (c)(3) of the Act must be in writing and shall include the following information: (1) Identification of the parties and individuals authorized to act on their behalf, including their addresses, telephone numbers, and facsimile numbers; (2) Description of the bargaining unit involved in the dispute and the date recognition was accorded to the exclusive representative; (3) Number, length, and dates of negotiation sessions held; (4) A copy of any collective bargaining agreement between the parties and any other agreements concerning flexible and compressed work schedules; (5) A copy of the schedule or proposed schedule, if any, which is the subject of the agency's determination; (6) A copy of the agency's written determination and the finding on which the determination is based, including, in a case where the finding is made by a duly authorized delegatee, evidence of a specific delegation of authority to make such a finding; and (7) A summary of the position of the initiating party or parties with respect to the agency's determination. [48 FR 19695, May 2, 1983, as amended at 61 FR 41295, Aug. 8, 1996] § 2472.5 Where to file. Requests to the Panel provided for in these rules, and inquiries or correspondence on the status of impasses or other related matters, should be directed to the Executive Director, Federal Service Impasses Panel, 607 14th Street, NW., Suite 220, Washington, DC 20424-0001. Telephone (202) 482-6670. Facsimile (202) 482-6674. [61 FR 41295, Aug. 8, 1996] § 2472.6 Filing and service. (a) Filing and service of request. (1) Any party submitting a request for Panel consideration of an impasse filed pursuant to §2472.3 of these rules shall file an original and one copy with the Panel. A clean copy may be submitted for the original. Requests may be submitted in person or by registered mail, certified mail, regular mail, or private delivery service. Requests will also be accepted by the Panel if transmitted to the facsimile machine of its office. A party submitting a request by facsimile shall also file an original for the Panel's records, but failure to do so shall not affect the validity of the filing by facsimile, if otherwise proper. (2) The party submitting the request shall serve a copy of such request upon all counsel of record or other designated representative(s) of parties, and upon parties not so represented. Service upon such counsel or representative shall constitute service upon the party, but a copy also shall be transmitted to the party. Service of a request may be made in person or by registered mail, certified mail, regular mail, or private delivery service. With the permission of the person receiving the request, service may be made by facsimile transmission or by any other agreed-upon method. (b) Filing and service of other documents. (1) Any party submitting a response to, or other document in connection with, a request for Panel consideration of an impasse filed pursuant to §2472.3 shall file an original and one copy with the Panel. A clean copy may be submitted for the original. Documents may be submitted to the Panel in person or by registered mail, certified mail, regular mail, or private delivery service. Documents may also be accepted by the Panel if transmitted to the facsimile machine of its office, but only with advance permission, which may be obtained by telephone. A party submitting a document by facsimile shall also file an original for the Panel's records, but failure to do so shall not affect the validity of the submission, if otherwise proper. (2) The party submitting the document shall serve a copy of such request upon all counsel of record or other designated representative(s) of parties, or upon parties not so represented. Service upon such counsel or representative shall constitute service upon the party, but a copy also shall be transmitted to the party. Service of a document may be made in person or by registered mail, certified mail, regular mail, or private delivery service. With the permission of the person receiving the document, service may be made by facsimile transmission or by any other agreed-upon method. (c) A signed and dated statement of service shall accompany each document submitted to the Panel. The statement of service shall include the names of the parties and persons served, their addresses, the date of service, the nature of the document served, and the manner in which service was made. (d) The date of service or date served shall be the day when the matter served, if properly addressed, is deposited in the U.S. mail, is delivered in person, or is deposited with a private delivery service that will provide a record showing the date the document was tendered to the delivery service. Where service is made by facsimile transmission, the date of service shall be the date on which transmission is received. (e) Unless otherwise provided by the Panel or its designated representatives, any document or paper filed with the Panel under this part, together with any enclosure filed therewith, shall be typewritten on 81⁄2x11 inch plain white paper, shall have margins no less than 1 inch on each side, shall be in typeface no smaller than 10 characters per inch, and shall be numbered consecutively. Nonconforming papers may, at the Panel's discretion, be rejected. (f) An impasse arising pursuant to section 6131(c) (2) or (3) of the Act will not be considered to be filed, and no Panel action will be taken, until the party initiating the request has complied with §2472.4, 2472.5, and 2472.6 of these regulations. [48 FR 19695, May 2, 1983. Redesignated and amended at 61 FR 41295, Aug. 8, 1996] § 2472.7 Investigation of request; Panel assistance. (a) Upon receipt of a request for consideration of an impasse filed in accordance with these rules, the Panel or its designee shall promptly conduct an investigation, consulting when necessary with the parties. After due consideration, the Panel shall determine the procedures by which the impasse shall be resolved and shall notify the parties of its determination. (b) The procedures utilized by the Panel shall afford the parties an opportunity to present their positions, including supporting evidence and arguments orally and/or in writing. They include, but are not limited to: informal conferences with a Panel designee; factfinding (by a Panel designee or a private factfinder); written submissions; show cause orders; and oral presentations to the Panel. [48 FR 19695, May 2, 1983. Redesignated and amended at 61 FR 41295, 41296, Aug. 8, 1996] § 2472.8 Preliminary hearing procedures. When the Panel determines that a hearing shall be held, and it appoints one or more of its designees to conduct such a hearing, it will issue and serve upon each of the parties a notice of hearing and a notice of prehearing conference, if any. The notice will state: (a) The names of the parties to the dispute; (b) The date, time, place, type, and purpose of the hearing; (c) The date, time, place, and purpose of the prehearing conference, if any; (d) The name of the designated representative(s) appointed by the Panel; (e) The issue(s) to be resolved; and (f) The method, if any, by which the hearing shall be transcribed. [61 FR 41296, Aug. 8, 1996] § 2472.9 Conduct of hearing and prehearing conference. (a) A designated representative of the Panel, when so appointed to conduct a hearing, shall have the authority on behalf of the Panel to: (1) Administer oaths, take the testimony or deposition of any person under oath, receive other evidence, and issue subpoenas; (2) Conduct the hearing in open or in closed session at the discretion of the designated representative for good cause shown; (3) Rule on motions and requests for appearance of witnesses and the production of records; (4) Designate the date on which posthearing briefs, if any, shall be submitted; and (5) Determine all procedural matters concerning the hearing, including the length of sessions, conduct of persons 194-009 D-01--15 in attendance, recesses, continuances, and adjournments; and take any other action which, in the judgment of the designated representative, will promote the purpose and objectives of the hearing. (b) A prehearing conference may be conducted by the designated representative of the Panel to: (1) Inform the parties of the purpose of the hearing and the procedures under which it will take place; (2) Explore the possibilities of obtaining stipulations of fact; (3) Clarify the positions of the parties with respect to the issues to be heard; and (4) Discuss any other relevant matters which will assist the parties in the resolution of the dispute. [48 FR 19695, May 2, 1983. Redesignated at 61 FR 41295, Aug. 8, 1996] $2472.10 Reports. When a report is issued after a hearing conducted pursuant to §2472.8 and 2472.9, it normally shall be in writing and shall be submitted to the Panel, with a copy to each party, within a period normally not to exceed 30 calendar days after the close of the hearing and receipt of briefs, if any. [61 FR 41296, Aug. 8, 1996] § 2472.11 Final action by the Panel. (a) After due consideration of the parties' positions, evidence, and arguments, including any report submitted in accordance with §2472.10, the Panel shall take final action in favor of the agency's determination if: (1) The finding on which a determination under 5 U.S.C. 6131(c)(2) not to establish a flexible or compressed work schedule is based is supported by evidence that the schedule is likely to cause an adverse agency impact; or (2) The finding on which a determination under 5 U.S.C. 6131(c)(3) to terminate a flexible or compressed work schedule is based is supported by evidence that the schedule has caused an adverse agency impact. (b) If the finding on which an agency determination under 5 U.S.C. 6131(c)(2) or (c)(3) is based is not supported by evidence that the schedule is likely to cause or has caused an adverse agency impact, the Panel shall take whatever final action is appropriate. (c) In preparation for taking such final action, the Panel may hold hearings, administer oaths, take the testimony or deposition of any person under oath, and issue subpoenas, or it may appoint one or more individuals to exercise such authority on its behalf. Such action may be taken without regard to procedures previously authorized by the Panel. (d) Notice of any final action of the Panel shall be promptly served upon the parties. [48 FR 19695, May 2, 1983. Redesignated and amended at 61 FR 41295, 41296, Aug. 8, 1996] PART 2473-SUBPOENAS AUTHORITY: 5 U.S.C. 7119, 7134. § 2473.1 Subpenas. (a) Any member of the Panel, the Executive Director, or other person designated by the Panel, may issue subpenas requiring the attendance and testimony of witnesses and the production of documentary or other evidence. However, no subpena shall be issued under this section which requires the disclosure of intramanagement guidance, advice, counsel, or training within an agency or between an agency and the Office of Personnel Management. (b) Where the parties are in agreement that the appearance of witnesses or the production of documents is necessary, and such witnesses agree to appear, no such subpena need be sought. (c) A request for a subpena by any person, as defined in 5 U.S.C. 7103(a)(1), shall be in writing and filed with the Executive Director, not less than fifteen (15) days prior to the opening of a hearing, or with the appropriate presiding official(s) during the hearing. (d) All requests shall name and identify the witnesses or documents sought, and state the reasons therefor. The Panel, Executive Director, or any other person designated by the Panel, as appropriate, shall grant the request upon the determination that the testimony or documents appear to be necessary to the matters under consideration and the request describes with sufficient particularity the documents sought. Service of an approved subpena is the responsibility of the party on whose behalf the subpena was issued. The subpena shall show on its face the name and address of the party on whose behalf the subpena was issued. (e) Any person served with a subpena who does not intend to comply shall within five (5) days after the date of service of the subpena upon such person, petition in writing to revoke the subpena. A copy of any petition to revoke a subpena shall be served on the party on whose behalf the subpena was issued. Such petition to revoke, if made prior to the hearing, and a written statement of service, shall be filed with the Executive Director. A petition to revoke a subpena filed during the hearing, and a written statement of service shall be filed with the appropriate presiding official(s). The Executive Director, or the appropriate presiding official(s) will, as a matter of course, cause a copy of the petition to revoke to be served on the party on whose behalf the subpena was issued, but shall not be deemed to assume responsibility for such service. The Panel, Executive Director, or any other person designated by the Panel, as appropriate, shall revoke the subpena if the evidence the production of which is required does not relate to any matter under consideration in the proceedings, or the subpena does not describe with sufficient particularity the evidence the production of which is required, or if for any other reason sufficient in law the subpena is invalid. The Panel, Executive Director, or any other person designated by the Panel, as appropriate, shall make a simple statement of procedural or other ground for the ruling on the petition to revoke. The petition to revoke, any answer thereto, and any ruling thereon shall not become part of the official record except upon the request of the party aggrieved by the ruling. (f) Upon the failure of any person to comply with a subpena issued, and upon the request of the party on whose behalf the subpena was issued, the Solicitor of the FLRA shall, on behalf of such party, institute proceedings in the appropriate district court for the enforcement thereof, unless to do so would be inconsistent with law and the policies of the Federal Service LaborManagement Relations Statute. The Solicitor of the FLRA shall not be deemed thereby to have assumed responsibility for the effective prosecution of the same before the court thereafter. (g) All papers submitted to the Executive Director under this section shall be filed in duplicate, along with a statement of service showing that a copy has been served on the other party to the dispute. (h)(1) Witnesses (whether appearing voluntarily or under a subpena) shall be paid the fee and mileage allowances which are paid subpenaed witnesses in the courts of the United States: Provided, that any witness who is employed by the Federal Government shall not be entitled to receive witness fees in addition to compensation received in conjunction with official time granted for such participation, including necessary travel time, as occurs during the employee's regular work hours and when the employee would otherwise be in a work or paid leave status. (2) Witness fees and mileage allowances shall be paid by the party at whose instance the witnesses appear except when the witness receives compensation in conjunction with official time as described in paragraph (h)(1) of this section. [61 FR 41296, Aug. 8, 1996] APPENDIX A TO 5 CFR CHAPTER XIVCURRENT ADDRESSES AND GEOGRAPHIC JURISDICTIONS (a) The Office address, telephone and fax numbers of the Authority are: 607 14th Street, NW., Washington, DC 20424-0001; telephone: FTS or Commercial (202) 482-6540; fax: FTS or Commercial (202) 482-6635. (b) The Office address, telephone and fax numbers of the General Counsel are: 607 14th Street, NW., Washington, DC 20424-0001; telephone: FTS or Commercial (202) 482-6600; fax: FTS Commercial (202) 482-6608. (c) The Office address, telephone and fax numbers of the Chief Administrative Law Judge are: 607 14th Street, NW., Washington, DC 20424-0001; telephone: FTS or Commercial (202) 482-6630; fax: FTS or Commercial (202) 482-6635. (d) The Office addresses, telephone and fax numbers of the Regional Offices of the Authority are as follows: (1) Boston, Massachusetts Regional Office99 Summer Street, suite 1500, Boston, Massachusetts 02110-1200; telephone: FTS or commercial (617) 424-5730; fax: FTS or commercial (617) 424-5743. (2) Washington, DC Regional Office-Tech World Plaza, 800 K Street, NW., Suite 910, Washington, DC 20001-1206; telephone: FTS or commercial (202) 482-6700; fax: FTS or commercial (202) 482-6724. (3) Atlanta, Georgia Regional Office-285 Peachtree Center Avenue, suite 701, Atlanta, Georgia 30303-1270; telephone: FTS or commercial (404) 331-5300; fax: FTS or commercial (404) 331-5280. (4) Chicago, Illinois Regional Office-55 West Monroe, suite 1150, Chicago, Illinois 60603-9729; telephone: FTS or commercial (312) 353-6306; fax: FTS or commercial (312) 886-5977. (5) Dallas, Texas Regional Office-525 Griffin Street, suite 926, LB-107, Dallas, Texas 75202-1906; telephone: FTS or commercial (214) 767-4996; fax: FTS or commercial (214) 767-0156. (6) Denver, Colorado Regional Office-1244 Speer Boulevard, suite 100, Denver, Colorado 80204-3581; telephone: FTS or commercial (303) 844-5224; fax: FTS or commercial (303) 844-2774. (7) San Francisco, California Regional Office 901 Market Street, suite 220, San Francisco, California 94103-1791; telephone: FTS or commercial (415) 356-5000; fax: FTS or commercial (415) 356-5017. (e) The Office address and telephone number of the Federal Service Impasses Panel are: 607 14th Street NW., Washington, DC 20424-0001; telephone: FTS or Commercial (202) 482-6670. (f) The geographic jurisdictions of the Regional Directors of the Federal Labor Relations Authority are as follows: APPENDIX B TO 5 CFR CHAPTER XIV MEMORANDUM DESCRIBING THE AU- The statutory authority and responsibility of the General Counsel of the Federal Labor Relations Authority are stated in section 7104(f), subsections (1), (2) and (3), of the Federal Service Labor-Management Relations Statute as follows: (1) The General Counsel of the Authority shall be appointed by the President, by and with the advice and consent of the Senate, for a term of 5 years. The General Counsel may be removed at any time by the President. The General Counsel shall hold no other office or position in the Government of the United States except as provided by law. (2) The General Counsel may |