General Counsel Issues Guidance on Seeking Remedies for Unfair Labor Practices under the Federal Service Labor-Management Relations Statute

PR 107-00
May 8, 2000

Contact: Patty Reilly

The General Counsel of the Federal Labor Relations Authority (FLRA), Joseph Swerdzewski, today issued guidance to the FLRA Regional Directors regarding remedies for unfair labor practices under the Federal Service Labor-Management Relations Statute. The Guidance discusses the General Counsel's policy on seeking appropriate remedies and describes the types of remedies and the elements of proof that are necessary to obtain those remedies. The Guidance aids the Regional Directors in investigating, settling and litigating unfair labor practice charges. It is also intended to assist parties in providing evidence and arguments concerning the appropriate remedy to an unfair labor practice charge.

"By understanding the types of remedies available and the evidence necessary to establish the appropriateness of those remedies, the Regions and the parties will be better suited to resolve unfair labor practice complaints and, if litigation is necessary, make cogent arguments based on relevant evidence as to the appropriateness of those remedies" said General Counsel Swerdzewski. "With the recent increase in ULP litigation, and the evolutionary development of the concept of nontraditional remedies, it is imperative that the Regions, and the parties, are aware of not only the variety of possible remedies, but also the type of evidence that is necessary to establish the appropriateness of these remedies." So far this fiscal year, while the number of ULP complaints issued by the General Counsel is consistent with the prior fiscal year, the number of ULP hearings held before Administrative Law Judges has more than doubled for the same period last fiscal year.

The FLRA is an independent agency that administers the labor-management relations program for 1.9 million federal employees worldwide, 1.1 million of whom are exclusively represented in more than 2,200 bargaining units. It is charged with providing leadership in establishing policies and guidance related to Federal sector labor-management relations and with resolving disputes under and ensuring compliance with the Statute. The Office of the General Counsel is the independent investigative and prosecutorial component of the FLRA which processes unfair labor practice charges and representation petitions through the Regional Offices, and assists parties in improving their labor-management relationship. The General Counsel periodically issues Guidance to the Regional Directors to provide leadership in promoting productive labor-management relationships in the Federal sector and Manuals that explain the Office of the General Counsel's policies and procedures for processing cases that are filed under its