2400.4 Processing of negotiability cases. 2400.5 Processing of arbitration cases. 2400.6 Processing of Panel cases.

AUTHORITY: Reorganization Plan No. 2 of 1978, 43 FR 36037; 5 U.S.C. 3301, 7301; E.O. 11491, 34 FR 17605, 3 CFR 1966-1970 Comp., p. 861; as amended by E.O. 11616, 36 FR 17319, 3 CFR, 1971-1975 Comp., p. 605; E.O. 11636, 36 FR 24901, 3 CFR, 1971-1975 Comp., p. 634; E.O. 11838, 40 FR 5743 and 7391, 3 CFR, 1971-1975 Comp., p. 957; E.O. 11901, 41 FR 4807, 3 CFR, 1976 Comp., p. 87; E.O. 12027, 42 FR 61851, 3 CFR, 1977 Comp., p. 159; and E.O. 12107, 44 FR 1055. SOURCE: 45 FR 3487, Jan. 17, 1980, unless otherwise noted.

EFFECTIVE DATE NOTE: Part 2400 becomes effective Jan. 28, 1980 (see 45 FR 3482, Jan. 17, 1980).

§ 2400.1 Scope and purpose.

This subchapter contains transition rules and regulations issued pursuant to section 307 of Reorganization Plan No. 2 of 1978, and sections 4(b) and 5(c) of Executive Order 11491, as amended, to govern the processing of all cases which were pending on December 31, 1978, before the Federal Labor Relations Council (Council), the Assistant Secretary of Labor for Labor-Management Relations (Assistant Secretary), the Vice Chairman of the Civil Service Commission (Vice Chairman) when performing the duties of the Assistant Secretary, and the Federal Service Impasses Panel (Panel); and to govern the processing of all cases filed with the Authority and the Panel during the period January 1 through January 10, 1979.

§ 2400.2 Processing of unfair labor practice, representation, grievability/arbitrability and national consultation rights cases.

All unfair labor practice, representation, grievability/arbitrability and national consultation rights cases pending before the Assistant Secretary and the Vice Chairman on December 31, 1978 (including cases the time limit for which an appeal to the Council has not expired under the Council's rules and regulations), all such cases pending before the Council on December 31, 1978, and all such cases filed with the Authority during the period January 1 through January 10, 1979, shall be processed by the Authority in accordance with the Rules and Regulations of the Office of the Assistant Secretary for Labor-Management Relations, Title 29, Code of Federal Regulations, Part 201 et seq. (Revised as of July 1, 1978) and the Rules and Regulations of the Federal Labor Relations Council, Title 5, Code of Federal Regulations, Part 2411 et seq. (Revised as of January 1, 1978); except that, as appropriate:

(a) The word "Authority" shall be substituted wherever the word "Council" appears in such rules and regulations;

(b) The word "Authority" shall be substituted wherever the words "Assistant Secretary" or "Vice Chairman" appear in the rules and regulations of the Office of the Assistant Secretary, except in Part 204 of such rules;

(c) Wherever the rules and regulations of the Office of the Assistant Secretary require action to be taken by subordinate personnel of the Assistant Secretary, such action shall be taken by equivalent subordinate personnel of the Authority;

(d) Wherever the rules and regulations of the Council provide for the service of copies of documents on the Assistant Secretary, or provide a right of the Assistant Secretary to intervene in Council proceedings, such provisions shall be deemed inoperative; and

(e) The decision of the Authority when rendered in any case shall be

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final and not subject to further appeal within the Authority.

§ 2400.3 Processing of standards of conduct cases.

All standards of conduct cases pending before the Assistant Secretary on December 31, 1978 (including cases the time limit for which an appeal to the Council has not expired under the Council's rules and regulations), and all such cases filed with the Assistant Secretary during the period January 1 through January 10, 1979, may be appealed to the Authority under the Rules and Regulations of the Federal Labor Relations Council, Title 5, Code of Federal Regulations, Part 2411 et seq. (Revised as of January 1, 1978), except that the word "Authority" shall be substituted, as appropriate, wherever the word "Council" appears in such rules. All standards of conduct cases pending before the Council on December 31, 1978, shall be processed by the Authority in the same manner as Assistant Secretary cases pending before the Council on that date under § 2400.2.

§ 2400.4 Processing of negotiability cases.

All negotiability cases pending before the Council on December 31, 1978, and all negotiability cases filed with the Authority during the period of January 1 through January 10, 1979, shall be processed by the Authority in accordance with the Rules

and Regulations of the Federal Labor Relations Council, Title 5, Code of Federal Regulations, Part 2411 et seq. (Revised as of January 1, 1978), except that the word "Authority" shall be substituted, as appropriate, wherever the word "Council" appears in such rules.

§ 2400.5 Processing of arbitration cases.

All arbitration cases pending before the Council on December 31, 1978, and all arbitration cases filed with the Authority during the period January 1 through January 10, 1979, shall be processed by the Authority in accordance with the Rules and Regulations of the Federal Labor Relations Council, Title 5, Code of Federal Regulations, Part 2411 et seq. (Revised as of January 1, 1978), except that the word "Authority" shall be substituted, as appropriate, wherever the word “Council" appears in such rules.

§ 2400.6 Processing of Panel cases.

All cases pending before the Panel on December 31, 1978, and all cases filed with the Panel during the period of January 1 through January 10, 1979, shall be processed by the Panel in accordance with the Rules and Regulations of the Federal Service Impasses Panel, Title 5, Code of Federal Regulations, Part 2470 et seq. (Revised as of January 1, 1978), except that the word "Authority" shall be substituted, as appropriate, wherever the word "Council" appears in such rules.