TITLE 5 - ADMINISTRATIVE PERSONNEL

CHAPTER XIV - FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL

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

PART 2422 - REPRESENTATION PROCEEDINGS

2422.27 - Determinative challenged ballots and objections.

  (a) Investigation. The Regional Director will investigate objections and/or determinative challenged ballots that are sufficient in number to affect the results of the election.

  (b) Burden of proof. A party filing objections to the election bears the burden of proof by a preponderance of the evidence concerning those objections. However, no party bears the burden of proof on challenged ballots.

  (c) Regional Director Action. After investigation, the Regional Director will take appropriate action consistent with 2422.30.

  (d) Consolidated hearing on objections and/or determinative challenged ballots and an unfair labor practice hearing. When appropriate, and in accordance with 2422.33, objections and/or determinative challenged ballots may be consolidated with an unfair labor practice hearing. Such consolidated hearings will be conducted by an Administrative Law Judge.

Exceptions and related submissions must be filed with the Authority and the Authority will issue a decision in accordance with part 2423 of this chapter, except for the following: (1) Sections 2423.18 and 2423.19(j) of this Subchapter concerning the burden of proof and settlement conferences are not applicable; (2) The Administrative Law Judge may not recommend remedial action to be taken or notices to be posted as provided by 2423.26(a) of this Subchapter; and, (3) References to charge and complaint in 2423.26(b) of this chapter will be omitted.