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 2424—NEGOTIABILITY PROCEEDINGS › Subpart C—Filing and Responding to a Petition for Review; Conferences

5 C.F.R. § 2424.21

Time limits for filing a petition for review

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(a) A petition for review must be filed within fifteen (15) days after the date of service of either:

(1) An agency's written allegation that the exclusive representative's proposal is not within the duty to bargain, or

(2) An agency head's disapproval of a provision.

(b) If the agency has not served a written allegation on the exclusive representative within ten (10) days after the agency's principal bargaining representative has received a written request for such allegation, as provided in § 2424.11(a), then the petition may be filed at any time, subject to the following:

(1) If the agency serves a written allegation on the exclusive representative more than ten (10) days after receiving a written request for such allegation, then the petition must be filed within fifteen (15) days after the date of service of that allegation on the exclusive representative.

(2) [Reserved]

[88 FR 62456, Sept. 12, 2023]
Notes of Decisions
Cited in 1 case, 2019–2019 · leading case: Nat'l Treasury Employees Union v. FLRA, 943 F.3d 486 (D.C. Cir. 2019).
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Nat'l Treasury Employees Union v. FLRA, 943 F.3d 486 (D.C. Cir. 2019). “If an agency alleges that a proposal is nonnegotiable – or if an agency fails to respond to a request to negotiate within ten days, 5 C.F.R. § 2424.21 (b) (2019) – the employees’ exclusive representative may appeal to the Authority for an expedited negotiability determination.”
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