5 C.F.R. § 2471.1
Request for Panel consideration; request for Panel approval of binding arbitration
If voluntary arrangements, including the services of the Federal Mediation and Conciliation Service or any other third-party mediation, fail to resolve a negotiation impasse:
(a) Either party, or the parties jointly, may request the Panel to consider the matter by filing a request as hereinafter provided; or the Panel may, pursuant to 5 U.S.C. 7119(c)(1), undertake consideration of the matter upon request of (i) the Federal Mediation and Conciliation Service, or (ii) the Executive Director; or
(b) The parties may jointly request the Panel to approve any procedure, which they have agreed to adopt, for binding arbitration of the negotiation impasse by filing a request as hereinafter provided.
Notes of Decisions
Cited in 3
cases, 1989–2013 · leading case: Dep't of Def., Off. of Dependents Schs. v. Fed. Labor Relations Auth., 879 F.2d 1220 (4th Cir. 1989).
Dep't of Def., Off. of Dependents Schs. v. Fed. Labor Relations Auth., 879 F.2d 1220 (4th Cir. 1989). “at § 7119(b)(1); 5 C.F.R. § 2471.1 (a), or the parties may agree to a procedure for binding arbitration if the procedure is approved by the Panel.”
Nat'l Ass'n of Gov't Employees, Local R7-23 v. Fed. Labor Relations Auth., Dep't of the Air Force, Intervenor, 893 F.2d 380 (D.C. Cir. 1990). “See 5 CFR § 2471.1 -.5 (1988). The union did not comply with these requirements, as it quite rightly concedes in its brief.”
United States Dep't of Just. Fed. Bureau of Prisons Fed. Corr. Complex Coleman v. Fed. Labor Relations Auth., 737 F.3d 779 (D.C. Cir. 2013). “§ 7119(c); 5 C.F.R. §§ 2471.1 , 2471.6. Both this court and the Authority have held that, barring “unusual circumstances,” Panel decisions are not reviewable by the Authority or a court.”
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