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Notes

5 C.F.R. §§ 2422.17–2422.22

6 sections in range

§2422.17. What are a Notice of Hearing and prehearing conference?

5 C.F.R. § 2422.17

(a)
Purpose of a Notice of Hearing. The FLRA may issue a Notice of Hearing involving any issues raised in the petition.
(b)
Contents. The Notice of Hearing will advise affected parties about the hearing. The FLRA will also notify affected parties of the issues raised in the petition and establish a date for the prehearing conference.
(c)
Prehearing conference. A prehearing conference will be conducted by the Hearing Officer, either by meeting or teleconference. All parties must participate in a prehearing conference and be prepared to fully discuss, narrow, and resolve the issues set forth in the notification of the prehearing conference.
Notes, amendments, and revision history

Amendments

[77 FR 37752, June 25, 2012, as amended at 91 FR 13943, Mar. 24, 2026]

Authority

Authority: 3 U.S.C. 431; 5 U.S.C. 7134.

Source

Source: 77 FR 37752, June 25, 2012, unless otherwise noted.

Amendments

[77 FR 37752, June 25, 2012, as amended at 91 FR 13943, Mar. 24, 2026]

§2422.18. What is the purpose of a representation hearing and what procedures are followed?

5 C.F.R. § 2422.18

(a)
Purpose of a hearing. Representation hearings are considered investigatory and not adversarial. The purpose of the hearing is to develop a full and complete record of relevant and material facts.
(b)
Conduct of hearing. Hearings will be open to the public unless otherwise ordered by the Hearing Officer. There is no burden of proof, with the exception of proceedings on objections to elections under § 2422.27(b). Formal rules of evidence do not apply.
(c)
Hearing Officer. The FLRA assigns a Hearing Officer to conduct a hearing. Another Hearing Officer may be substituted for the presiding Hearing Officer at any time.
(d)
Transcript. An official reporter will make the official transcript of the hearing. Copies of the official transcript may be examined in the appropriate Regional Office during normal business hours. Parties should contact the official hearing reporter to purchase copies of the official transcript.
Notes, amendments, and revision history

Amendments

[77 FR 37752, June 25, 2012, as amended at 91 FR 13943, Mar. 24, 2026]

Authority

Authority: 3 U.S.C. 431; 5 U.S.C. 7134.

Source

Source: 77 FR 37752, June 25, 2012, unless otherwise noted.

Amendments

[77 FR 37752, June 25, 2012, as amended at 91 FR 13943, Mar. 24, 2026]

§2422.19. When is it appropriate for a party to file a motion at a representation hearing?

5 C.F.R. § 2422.19

(a)
Purpose of a motion. After the FLRA issues a Notice of Hearing in a representation proceeding, a party who seeks a ruling, an order, or relief must do so by filing or raising a motion stating the ruling, order, or relief sought and the grounds in support.
(b)
Prehearing motions. Parties must file prehearing motions in writing with the FLRA. Any response must be filed with the FLRA within five (5) days after service of the motion.
(c)
Motions made at the hearing. During the hearing, parties may make oral motions on the record to the Hearing Officer unless required to be in writing. Responses may be oral on the record or in writing, but must be provided before the hearing closes, absent permission of the Hearing Officer.
(d)
Posthearing motions. Parties must file motions made after the hearing closes in writing with the FLRA. Any response to a posthearing motion must be filed with the FLRA within five (5) days after service of the motion.
Notes, amendments, and revision history

Amendments

[91 FR 13943, Mar. 24, 2026]

Authority

Authority: 3 U.S.C. 431; 5 U.S.C. 7134.

Source

Source: 77 FR 37752, June 25, 2012, unless otherwise noted.

Amendments

[91 FR 13943, Mar. 24, 2026]

§2422.20. What rights do parties have at a hearing?

5 C.F.R. § 2422.20

(a)
Rights. A party at a hearing will have the right:
(1)
To appear in person or by a representative;
(2)
To examine and cross-examine witnesses; and
(3)
To introduce into the record relevant evidence.
(b)
Documentary evidence and stipulations. Parties must submit two (2) copies of documentary evidence to the Hearing Officer and copies to all other parties. Stipulations of fact between the parties may be introduced into evidence.
(c)
Oral argument. Parties will have a reasonable period before the close of the hearing for oral argument. Presentation of a closing oral argument does not preclude a party from filing a brief under paragraph (d) of this section.
(d)
Briefs. A party will be given an opportunity to file briefs with the FLRA.
(1)
A party must file an initial brief with the FLRA within thirty (30) days from the close of the hearing.
(2)
Within ten (10) days from a party's filing of an initial brief, any other party may file with the FLRA a reply brief concerning the initial brief.
(3)
A request for an extension of time to file a brief must be in writing and must be received by the FLRA no later than five (5) days before the date the brief is due.
Notes, amendments, and revision history

Amendments

[77 FR 37752, June 25, 2012, as amended at 91 FR 13944, Mar. 24, 2026]

Authority

Authority: 3 U.S.C. 431; 5 U.S.C. 7134.

Source

Source: 77 FR 37752, June 25, 2012, unless otherwise noted.

Amendments

[77 FR 37752, June 25, 2012, as amended at 91 FR 13944, Mar. 24, 2026]

§2422.21. What are the duties and powers of the Hearing Officer?

5 C.F.R. § 2422.21

(a)
Duties of the Hearing Officer. The Hearing Officer receives evidence and inquires fully into the relevant and material facts concerning the matters that are the subject of the hearing.
(b)
Powers of the Hearing Officer. After the FLRA assigns a case to a Hearing Officer and before the close of the hearing, the Hearing Officer may take any action necessary to schedule, conduct, continue, control, and regulate the hearing, including ruling on motions when appropriate.
Notes, amendments, and revision history

Amendments

[91 FR 13944, Mar. 24, 2026]

Authority

Authority: 3 U.S.C. 431; 5 U.S.C. 7134.

Source

Source: 77 FR 37752, June 25, 2012, unless otherwise noted.

Amendments

[91 FR 13944, Mar. 24, 2026]