5 C.F.R. § 2423.10

What actions may the Regional Director take with regard to your charge?

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(a) Regional Director action. The Regional Director, on behalf of the General Counsel, may take any of the following actions, as appropriate:

(1) Approve a request to withdraw a charge;

(2) Dismiss a charge;

(3) Approve a written settlement agreement under § 2423.12;

(4) Issue a complaint; or

(5) Withdraw a complaint.

(b) Request for appropriate temporary relief. Parties may request the General Counsel to seek appropriate temporary relief (including a restraining order) under 5 U.S.C. 7123(d). The General Counsel may initiate and prosecute injunctive proceedings under 5 U.S.C. 7123(d) only upon approval of the Authority. A determination by the General Counsel not to seek approval of the Authority to seek temporary relief is final and cannot be appealed to the Authority.

(c) General Counsel requests to the Authority. When a complaint issues and the Authority approves the General Counsel's request to seek appropriate temporary relief (including a restraining order) under 5 U.S.C. 7123(d), the General Counsel may make application for appropriate temporary relief (including a restraining order) in the district court of the United States within which the unfair labor practice is alleged to have occurred or in which the party sought to be enjoined resides or transacts business. The General Counsel may seek temporary relief if it is just and proper and the record establishes probable cause that an unfair labor practice is being committed. Temporary relief will not be sought if it would interfere with the ability of the agency to carry out its essential functions.

(d) Actions subsequent to obtaining appropriate temporary relief. The General Counsel must inform the district court that granted temporary relief under 5 U.S.C. 7123(d) whenever an Administrative Law Judge recommends dismissal of the complaint, in whole or in part.

Notes of Decisions

Cited in 5 cases, 1982–2015 · leading case: Nat'l Air Traffic Controllers Ass'n v. Fed. Serv. Impasses Panel, 606 F.3d 780 (D.C. Cir. 2010).

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Nat'l Air Traffic Controllers Ass'n v. Fed. Serv. Impasses Panel, 606 F.3d 780 (D.C. Cir. 2010). “8 (a), and decides whether to issue a complaint, 5 C.F.R. § 2423.10 (a). If the Regional Director dismisses the charge, then the charging party may appeal that decision to the General Counsel, 5 C.”

Am. Fed'n of Gov't Employees Local 1749 v. Fed. Labor Relations Auth., 842 F.2d 102 (5th Cir. 1988). · cites it 2× “In May 1987, the Regional Director of the Authority refused to issue an unfair labor practice complaint, and the petitioner filed an appeal with the General Counsel as permitted by 5 C.F.R. § 2423.10 (c). On October 29, 1987, the Office of General Counsel issued its decision…”

Am. Fed'n of Gov't Employees, Local 2798 v. Pope, 808 F. Supp. 2d 99 (D.D.C. 2011). “8 (a), and decides whether to issue a complaint, 5 C.F.R. § 2423.10 (a).” Id. “If the Regional Director dismisses the charge, then the charging party may appeal that decision to the General Counsel, 5 C.”

Prof'l Air Traffic Controllers Org. v. Fed. Labor Relations Auth., 685 F.2d 547 (D.C. Cir. 1982). “Print 1979) [hereinafter cited as Legislative History]; 5 C.F.R. § 2423.10 (e) (1981). . See Transcript of Aug.”

Clark v. Fed. Labor Relations Auth., 782 F.3d 701 (D.C. Cir. 2015). · cites it 2× “2d at 940 ; 5 C.F.R. § 2423.10 (a). With that unreviewable discretion, the General Counsel has “final authority to dismiss a complaint in favor of an informal settlement” prior to a hearing.”

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