These procedures govern the nomination of arbitrators by the
Secretary to perform the advisory functions specified under section 11
of Executive Order 10988. Any arbitrators so nominated will be available
for either or both of the following purposes:
(a) To investigate the facts and issue an advisory decision with
respect to the appropriateness of a unit of Federal employees for the
purpose of exclusive recognition and as to related issues submitted for
consideration; or
(b) To determine and advise whether an employee organization
represents a majority of employees in an appropriate unit by conducting
or supervising an election (wherein a majority of those voting, provided
there is a representative vote, cast their ballots for or against
representation), or by other appropriate means. A request for a
nomination will be considered as contemplating the performance of
functions within the above categories if it specifies as a purpose
obtaining an advisory decision on one or more questions involved in a
unit determination or determination of majority status, such as an
advisory decision on the eligibility of voters or the right to appear on
the ballot, arising in connection with an election to be held, or on a
question relating to matters affecting the results of an election which
took place after the agreement to conduct the election had been entered
into, provided such conduct materially affected the results of the
election. Subject to compliance with these procedures, the Secretary
will nominate an arbitrator whenever he is so requested by an agency or
by an employee organization which is seeking recognition as the
exclusive representative of Federal employees in a prima facie
appropriate unit and which meets all the prerequisites for seeking such
recognition.
