C.F.R. » Title 5 » CHAPTER XIV—FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL › SUBCHAPTER C—FEDERAL LABOR RELATIONS AUTHORITY AND GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY › PART 2423—UNFAIR LABOR PRACTICE PROCEEDINGS › Subpart D—Post-Transmission and Exceptions to Authority Procedures

5 C.F.R. § 2423.40

Exceptions; oppositions and cross-exceptions; oppositions to cross-exceptions; waiver

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(a) Exceptions. Any exceptions to the Administrative Law Judge's decision must be filed with the Authority within 25 days after the date of service of the Judge's decision. Exceptions shall satisfy the filing and service requirements of part 2429 of this subchapter. Exceptions shall consist of the following:

(1) The specific findings, conclusions, determinations, rulings, or recommendations being challenged; the grounds relied upon; and the relief sought.

(2) Supporting arguments, which shall set forth, in order: all relevant facts with specific citations to the record; the issues to be addressed; and a separate argument for each issue, which shall include a discussion of applicable law. Attachments to briefs shall be separately paginated and indexed as necessary.

(3) Exceptions containing 25 or more pages shall include a table of legal authorities cited.

(b) Oppositions and cross-exceptions. Unless otherwise directed or approved by the Authority, oppositions to exceptions, cross-exceptions, and oppositions to cross-exceptions may be filed with the Authority within 20 days after the date of service of the exceptions or cross-exceptions, respectively. Oppositions shall state the specific exceptions being opposed. Oppositions and cross-exceptions shall be subject to the same requirements as exceptions set out in paragraph (a) of this section.

(c) Reply briefs. Reply briefs shall not be filed absent prior permission of the Authority.

(d) Waiver. Any exception not specifically argued shall be deemed to have been waived.

[62 FR 40916, July 31, 1997, as amended at 77 FR 26433, May 4, 2012]
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2002–2021 · leading case: The Ohio Adjutant Gen.'s Dep't v. Fed. Lab. Relations Auth., 21 F.4th 401 (6th Cir. 2021).
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The Ohio Adjutant Gen.'s Dep't v. Fed. Lab. Relations Auth., 21 F.4th 401 (6th Cir. 2021). “” 5 C.F.R. § 2423.40 . Exceptions are heard by a panel of FLRA members.”
Nat'l Ass'n of Gov't Employees, Local R5-136 v. Fed. Labor Relations Auth., 363 F.3d 468 (D.C. Cir. 2004). “But the dissent never suggested that sua sponte consideration of arguments violates the procedural regulations ( 5 C.F.R. §§ 2423.40 (d), 2429.5) upon which the Union premises its claim before this court.”
Tinker Air Force Base v. Fed. Labor Relations Auth., 50 F. App'x 913 (10th Cir. 2002). “5 CFR § 2423.40 (a). Five days are added to this deadline when, as in this case, the ALJ’s decision and order is served by mail.”
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