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 2429—MISCELLANEOUS AND GENERAL REQUIREMENTS › Subpart A—Miscellaneous

5 C.F.R. § 2429.5

Matters not previously presented; official notice

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The Authority will not consider any evidence, factual assertions, arguments (including affirmative defenses), requested remedies, or challenges to an awarded remedy that could have been, but were not, presented in the proceedings before the Administrative Law Judge or arbitrator. The Authority may, however, take official notice of such matters as would be proper.

[91 FR 13948, Mar. 24, 2026]
Notes of Decisions
Cited in 2 cases, 2005–2008 · leading case: Dep't of the Treasury-Internal Revenue Serv. v. Fed. Labor Relations Auth., 521 F.3d 1148 (9th Cir. 2008).
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Dep't of the Treasury-Internal Revenue Serv. v. Fed. Labor Relations Auth., 521 F.3d 1148 (9th Cir. 2008). · cites it 2× “Thus, pursuant to 5 C.F.R. § 2429.5 , 2 the FLRA refused to consider this new argument on appeal of the arbitrator’s award.”
Am. Fed'n of Gov't Employees, Local 446 v. Principi, 404 F. Supp. 2d 14 (D.D.C. 2005). “In response to the Motion to Dismiss the Arbitrator's Award, the FLRA explained that 5 C.F.R. § 2429.5 prohibits the FLRA from considering issues that could have been, but were not, raised before the arbitrator.”
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