5 C.F.R. § 2471.11

Final action by the Panel

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(a) If the parties do not arrive at a settlement as a result of or during actions taken under §§ 2471.6(a)(2), 2471.7, 2471.8, 2471.9, and 2471.10, the Panel may take whatever action is necessary and not inconsistent with 5 U.S.C. chapter 71 to resolve the impasse, including but not limited to, methods and procedures which the Panel considers appropriate, such as directing the parties to accept a factfinder's recommendations, ordering binding arbitration conducted according to whatever procedure the Panel deems suitable, and rendering a binding decision.

(b) In preparation for taking such final action, the Panel may hold hearings, administer oaths, take the testimony or deposition of any person under oath, and issue subpenas as provided in 5 U.S.C. 7132, or it may appoint or designate one or more individuals pursuant to 5 U.S.C. 7119(c)(4) to exercise such authority on its behalf.

(c) When the exercise of authority under this section requires the holding of a hearing, the procedure contained in § 2471.8 shall apply.

(d) Notice of any final action of the Panel shall be promptly served upon the parties, and the action shall be binding on such parties during the term of the agreement, unless they agree otherwise.

[45 FR 3520, Jan. 17, 1980, as amended at 48 FR 19694, May 2, 1983]

Notes of Decisions

Cited in 5 cases, 1983–1989 · leading case: Dep't of Def., Off. of Dependents Schs. v. Fed. Labor Relations Auth., 879 F.2d 1220 (4th Cir. 1989).

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Dep't of Def., Off. of Dependents Schs. v. Fed. Labor Relations Auth., 879 F.2d 1220 (4th Cir. 1989). · cites it 3× “5 C.F.R. § 2471.11 (a). That was the option chosen by the Panel here.”

Council of Prison Locals v. Roy Brewer, 735 F.2d 1497 (D.C. Cir. 1984). “2d at 515-16 (describing regulatory scheme that "does not contemplate that the Director shall have complete discretion”) with 5 C.F.R. § 2471.11 (reiterating statutory language; Panel "may take whatever action is necessary and not inconsistent with 5 U.”

Nat'l Treasury Employees Union v. Fed. Labor Relations Auth., 848 F.2d 1273 (D.C. Cir. 1988). “§ 7119 (c)(5)(B) (1982); 5 C.F.R. § 2471.11 (1988); Council of Prison Locals v.”

Dep't of Agric., Food & Nutrition Serv., W. Region v. Fed. Labor Relations Auth., 879 F.2d 655 (9th Cir. 1989). “5 C.F.R. § 2471.11 (a) (1988). Thus if an agency head refuses to agree to binding arbitration under Section 2471.”

Council of Prison Locals v. Howlett, 562 F. Supp. 849 (D.D.C. 1983). “§ 7119 (c)(5); 5 C.F.R. § 2471.11 . Failure to comply with a Panel decision by an agency or a labor organization constitutes an unfair labor practice.”

— 5 C.F.R. § 2471.11(a) — 1 case

Dep't of Def., Off. of Dependents Schs. v. Fed. Labor Relations Auth., 879 F.2d 1220 (4th Cir. 1989). “5 C.F.R. § 2471.11 (a). That was the option chosen by the Panel here.”

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