General Counsel Kiko Announces Notice of Proposed Rulemaking (12/21/07)

December 21, 2007

General Counsel Kiko Announces
Notice of Proposed Rulemaking

Colleen Duffy Kiko, General Counsel of the Federal Labor Relations Authority (FLRA), proposes revisions to the FLRA regulations set forth in 5 C.F.R. Part 2423, subpart A, which addresses the filing, investigating, and processing of unfair labor practice (ULP) charges.

Since the arrival of General Counsel Kiko in October 2005, the Office of the General Counsel (OGC) undertook a complete review of all ULP procedures and revised and rescinded many of the internal OGC policies. After considering the recommendations of a Task Force consisting of OGC Regional Office and Headquarters managers, and the recommendations of the seven Regional Directors, the General Counsel proposes these revisions to the regulations which incorporate the new OGC policies. The ULP regulations have not been reexamined in their entirety since 1998.

The purpose of the proposed revisions is to confirm and enhance the neutral fact-finding role of the OGC during the investigatory stage of processing ULP charges, endorse the aggressive use of ADR once a merit determination has been made, and to clarify certain administrative matters relating to the filing and investigation of ULP charges.

The Notice of Proposed Rulemaking will be published in the Federal Register today. Comments regarding the proposed revised regulations must be received on or before January 22, 2008. Updates and further information will be posted to the FLRA website at