5 C.F.R. § 2414.6

Communications not prohibited

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Ex parte communications prohibited by § 2414.2 shall not include:

(a) Oral or written communications which relate solely to matters which the Hearing Officer, Regional Director, Administrative Law Judge, General Counsel or member of the Authority is authorized by law or Authority rules to entertain or dispose of on an ex parte basis;

(b) Oral or written requests for information solely with respect to the status of a proceeding;

(c) Oral or written communications which all the parties to the proceeding agree, or which the responsible official formally rules, may be made on an ex parte basis;

(d) Oral or written communications proposing settlement or an agreement for disposition of any or all issues in the proceeding;

(e) Oral or written communications which concern matters of general significance to the field of labor-management relations or administrative practice and which are not specifically related to any agency proceeding subject to 5 U.S.C. 557(a); or

(f) Oral or written communications from the General Counsel to the Authority when the General Counsel is acting on behalf of the Authority under 5 U.S.C. 7123(d).

Notes of Decisions

Cited in 2 cases, 1982–1982 · leading case: Prof'l Air Traffic Controllers Org. v. Fed. Labor Relations Auth., 685 F.2d 547 (D.C. Cir. 1982).

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Prof'l Air Traffic Controllers Org. v. Fed. Labor Relations Auth., 685 F.2d 547 (D.C. Cir. 1982). · cites it 8× “5 C.F.R. § 2414.6 (b) (1981). In sum, Congress sought to establish common-sense guidelines to govern ex parte contacts in administrative hearings, rather than rigidly defined and woodenly applied rules.”

Prof'l Air Traffic Controllers Org. v. Fed. Labor Relations Auth., Fed. Aviation Admin., Ronald W. Haughton, Albert Shanker, Henry B. Frazier, Iii, Leon B. Applewhaite, Intervenors. Prof'l Air Traffic Controllers Org. v. Fed. Labor Relations Auth., Fed. Aviation Admin., Intervenor, 685 F.2d 547 (D.C. Cir. 1982). “The discussion does not fall within the exceptions contained in 5 C.F.R. 2414.6(d). It is clear that Mr. Shanker's message to Mr.”

— 5 C.F.R. § 2414.6(d) — 2 cases

Prof'l Air Traffic Controllers Org. v. Fed. Labor Relations Auth., 685 F.2d 547 (D.C. Cir. 1982). “5 C.F.R. § 2414.6 (b) (1981). In sum, Congress sought to establish common-sense guidelines to govern ex parte contacts in administrative hearings, rather than rigidly defined and woodenly applied rules.”

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