(a) Requests for nominations should be filed only where there exists
a dispute or problem which cannot more appropriately be resolved through
regular agency procedures. Parties, therefore, are expected to eliminate
from their requests matters not necessary to the resolution of such
dispute or problem and to use their best efforts to secure agreement on
as many issues as possible before making the request.
(b) Requests for nominations may be filed either by an agency, or by
an employee organization as described in Sec. 25.1, or jointly by an
agency and one or more employee organizations. Joint requests are
encouraged.
(c) Subject to the provisions of paragraph (a) of this section, the
Secretary will entertain on its merits a request by an employee
organization for nomination of an arbitrator on a question of unit
determination which is made within 30 days after receipt of an agency's
final unit determination or 75 days after an appropriate request for
exclusive recognition and no final unit determination has been received
from the agency, provided the organization has
observed any reasonable time limits established by the agency for the
processing of such requests within the agency. The Secretary will
entertain on its merits a request by an employee organization for
nomination of an arbitrator on a question of majority representation
which is made within 15 days after an agency's decision with respect to
a determination of majority representation. Any request by an employee
organization for the nomination of an arbitrator will be considered
untimely if:
(1) A written request for exclusive recognition was not made prior
to the grant of such recognition to another organization provided such
grant was preceded by posted notice to all employees in the unit and
written notice to all organizations known to represent such employees
that a request for exclusive recognition was under consideration.
(2) A written request for exclusive recognition was not made within
5 days after the agency posted appropriate notice of its intention to
conduct an election to determine majority status, or more than 10 days
before the date of the election.
(3) It was made less than 12 months after an agency's final unit
determination with respect to such unit or subdivision thereof in a
proceeding in which the organization sought exclusive recognition but
failed to file a timely request for arbitration under these rules.
(4) It was made less than 12 months after a unit determination
following a section 11 proceeding covering such unit or any subdivision
thereof.
(5) The time limits set forth in this paragraph will be applied to
all requests filed on or after October 15, 1963.
(d) No request contemplating an advisory determination as to whether
an employee organization should become or continue to be recognized as
the exclusive representative of employees in any unit will be
entertained if the request is filed within 12 months after a prior
determination of exclusive status has been made pursuant to the Order
with respect to such unit unless the agency has withdrawn exclusive
recognition from an employee organization by reason of its failure to
maintain its compliance with sections 2 and 3(a) of the Order or with
the Standards of Conduct for Employee Organizations and Code of Fair
Labor Practices and the agency advises the Secretary that it has no
objection to a new determination of exclusive representation being made
within the 12-month period.
(e) No request contemplating an advisory determination as to whether
an employee organization should become or continue to be recognized as
the exclusive representative of employees in any unit will be
entertained during the period within which a signed agreement between an
agency and an employee organization is in force or awaiting approval at
a higher management level, but not to exceed an agreement period of two
years, unless (1) a request for redetermination is filed with the agency
between the 90th and 60th day prior to the terminal date of such
agreement or two years, whichever is earlier, or (2) unusual
circumstances exist which will substantially affect the unit or the
majority representation. When an agreement has been extended more than
60 days before its terminal date, such extension shall not serve as a
basis for the denial of a request under this section submitted in
accordance with the time limitations provided above.
[28 FR 9941, Sept. 13, 1963, as amended at 29 FR 11972, Aug. 21, 1964]
