5 C.F.R. § 2422.19

When is it appropriate for a party to file a motion at a representation hearing?

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(a) Purpose of a motion. After the FLRA issues a Notice of Hearing in a representation proceeding, a party who seeks a ruling, an order, or relief must do so by filing or raising a motion stating the ruling, order, or relief sought and the grounds in support.

(b) Prehearing motions. Parties must file prehearing motions in writing with the FLRA. Any response must be filed with the FLRA within five (5) days after service of the motion.

(c) Motions made at the hearing. During the hearing, parties may make oral motions on the record to the Hearing Officer unless required to be in writing. Responses may be oral on the record or in writing, but must be provided before the hearing closes, absent permission of the Hearing Officer.

(d) Posthearing motions. Parties must file motions made after the hearing closes in writing with the FLRA. Any response to a posthearing motion must be filed with the FLRA within five (5) days after service of the motion.

[91 FR 13943, Mar. 24, 2026]