5 C.F.R. § 2471.6

Investigation of request; Panel procedures; approval of binding arbitration

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Upon receipt of a request for consideration of an impasse, the Panel or its designee will promptly conduct an investigation, consulting when necessary with the parties and with any mediation service utilized. After due consideration, the Panel shall either:

(1) Decline to assert jurisdiction in the event that it finds that no impasse exists or that there is other good cause for not asserting jurisdiction, in whole or in part, and so advise the parties in writing, stating its reasons; or

(2) Assert jurisdiction and

(i) Recommend to the parties procedures for the resolution of the impasse; and/or

(ii) Assist the parties in resolving the impasse through whatever methods and procedures the Panel considers appropriate. The procedures utilized by the Panel may include, but are not limited to: informal conferences with a Panel designee; factfinding (by a Panel designee or a private factfinder); written submissions; show cause orders; oral presentations to the Panel; and arbitration or mediation-arbitration (by a Panel designee or a private arbitrator). Following procedures used by the Panel, it may issue a report to the parties containing recommendations for settlement prior to taking final action to resolve the impasse.

(b) Upon receipt of a request for approval of a binding arbitration procedure, the Panel or its designee will promptly conduct an investigation, consulting when necessary with the parties and with any mediation service utilized. After due consideration, the Panel shall promptly approve or disapprove the request, normally within five (5) workdays.

[45 FR 3520, Jan. 17, 1980, as amended at 61 FR 41294, Aug. 8, 1996]

Notes of Decisions

Cited in 5 cases, 1983–2010 · leading case: Nat'l Air Traffic Controllers Ass'n AFL-CIO v. Fed. Serv. Impasses Panel, 437 F.3d 1256 (D.C. Cir. 2006).

Sort: Relevance Newest Treatment

Nat'l Air Traffic Controllers Ass'n AFL-CIO v. Fed. Serv. Impasses Panel, 437 F.3d 1256 (D.C. Cir. 2006). · cites it 3× “5 C.F.R. § 2471.6 (a)(1), (2). B. Congressional Restructuring of the FAA in the 1990s The FAA argues here, as before the Panel, that legislation passed by Congress in the mid-1990s withdrew the FSIP’s jurisdiction as the final arbiter over disputes that arise between the FAA and…”

Nat'l Air Traffic Controllers Ass'n v. Fed. Serv. Impasses Panel, 606 F.3d 780 (D.C. Cir. 2010). · cites it 2× “or (2) Assert jurisdiction,” 5 C.F.R. § 2471.6 (a). If the FSIP asserts jurisdiction, then it may ultimately “take whatever action is necessary and not inconsistent with [the Statute] to resolve the impasse,” 5 U.”

Dep't of Def., Off. of Dependents Schs. v. Fed. Labor Relations Auth., 879 F.2d 1220 (4th Cir. 1989). · cites it 2× “Under this subsection, the Panel is provided a two-step course to force resolution. First, it may seek the parties’ voluntary resolution of the impasse.”

Dep't of Agric., Food & Nutrition Serv., W. Region v. Fed. Labor Relations Auth., 879 F.2d 655 (9th Cir. 1989). “Having agreed, it should be in no different position than in any other arbitration proceeding agreed upon pursuant to Section 7119(b)(2).”

Council of Prison Locals v. Howlett, 562 F. Supp. 849 (D.D.C. 1983). “§ 7119 (c)(5)(B)(iii), 5 C.F.R. §§ 2471.6 (a)(2), 2471.11(a). Nor is the duty to bargain one that is lacking in practical effect.”

— 5 C.F.R. § 2471.6(a)(2) — 1 case

Dep't of Def., Off. of Dependents Schs. v. Fed. Labor Relations Auth., 879 F.2d 1220 (4th Cir. 1989). “Under this subsection, the Panel is provided a two-step course to force resolution. First, it may seek the parties’ voluntary resolution of the impasse.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.