FLRA BULLETIN FEDERAL LABOR RELATIONS AUTHORITY · WASHINGTON, DC · 20424 |
www.flra.gov |
FOR IMMEDIATE RELEASE
July 17, 2008
Question: What is the current status of the Authority?
Answer: On July 14, 2008, Chairman Dale Cabaniss resigned as Chairman
of the FLRA. Chairman Cabaniss
had served nearly 11 years as a Member and, since 2001, the Chairman of the
Authority. The Chairman’s
departure leaves the Authority with one Member, Member Carol Waller Pope.
Question: Has the Authority ever had only one Member before?
Answer: Yes. The
Authority had only one Member between November 1988 and September 1989.
During this time, the Authority’s only Member was Chairman Jean
McKee. The Authority gained a
second Member in September 1989 with the appointment of Member Pamela
Talkin.
Question: Does the Authority’s current status, with only one Member,
affect the ability of parties to file cases with the Authority?
Answer: No. The
provisions in the Statute and the Authority’s regulations concerning the
filing of arbitration, negotiability, representation, and unfair labor
practice cases with the Authority are not affected by the current
composition of the Authority. The
Authority’s Case Intake and Publication section will continue to accept
such filings. For questions on
filing procedures, parties can contact CIP directly at 202-218-7740.
All documents filed or required to be filed under the Authority’s
regulations should be filed with Case Intake and Publication, Federal Labor
Relations Authority, Docket Room, Suite 201, 1400 K Street, NW, Washington,
DC 20424-0001.
Question: Does the Authority's current status, with only one Member,
affect the time limits that apply to the filing of cases and related
documents with the Authority?
Answer: No. All time
limits in the Statute and the Authority’s regulations applicable to the
filing of documents with the Authority continue to apply.
This includes time limits for filing exceptions to arbitrator’s
awards, petitions for review of negotiability issues, applications for
review of decisions by FLRA Regional Directors in representation cases, and
exceptions to Administrative Law Judge decisions in unfair labor practice
cases. Other time limits,
relating to matters such as making filings that are responsive to initial
filings in such cases, as well as motions for reconsideration of Authority
decisions, also continue in effect.
Question: How does the Authority’s current status, with only one
Member, affect the Authority’s ability to issue decisions?
Answer: With only one Member, the Authority lacks a quorum to
exercise its power to adjudicate cases under the Statute. Therefore, during the period that the Authority has only one
Member, it will not be issuing final decisions in cases currently pending,
or which will be filed, with the Authority.
However, the Authority’s Case Intake and Publication section will
continue to exercise its delegated power to procedurally review and, where
appropriate, dismiss cases filed with the Authority that do not satisfy
case filing requirements under the Statute and the Authority’s
regulations.
Question: When will the Authority begin issuing decisions again?
Answer: The Authority will begin issuing decisions adjudicating cases
under the Statute when one or more additional Members “are appointed by
the President by and with the advice and consent of the Senate.”
5 U.S.C. § 7104(b).
Question: Who should be contacted concerning further questions relating
to Authority case processing during the period when the Authority has one
Member?
Answer: Further questions concerning filing cases with the Authority,
and related matters, should be directed to the Authority’s Case Intake
and Publication section, 202-218-7740.
CIP’s address is: Case
Intake and Publication, Federal Labor Relations Authority, Docket Room,
Suite 201, 1400 K Street, NW, Washington, DC 20424-0001.
###