[Federal Register Volume 77, Number 87 (Friday, May 4, 2012)]
[Rules and Regulations]
[Pages 26430-26437]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10801]


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FEDERAL LABOR RELATIONS AUTHORITY

5 CFR Parts 2423, 2424, 2425, and 2429


Unfair Labor Practice Proceedings; Negotiability Proceedings; 
Review of Arbitration Awards; Miscellaneous and General Requirements

AGENCY: Federal Labor Relations Authority.

[[Page 26431]]


ACTION: Final rule.

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SUMMARY: The Federal Labor Relations Authority (the FLRA) is engaged in 
an initiative to make electronic filing, or ``eFiling,'' available to 
parties in all cases before the FLRA. Making eFiling available to its 
parties is another way in which the FLRA is using technology to improve 
the customer-service experience. EFiling also is expected to increase 
efficiencies by reducing procedural filing errors and resulting 
processing delays.

DATES: Effective Date: June 4, 2012.

ADDRESSES: Written comments can be emailed to engagetheflra@flra.gov or 
sent to the Case Intake and Publication Office, Federal Labor Relations 
Authority, Suite 200, 1400 K Street NW., Washington, DC 20424-0001. All 
written comments will be available for public inspection during normal 
business hours at the Case Intake and Publication Office.

FOR FURTHER INFORMATION CONTACT: Sarah Whittle Spooner, Counsel for 
Regulatory and External Affairs, (202) 218-7791; or email: 
engagetheflra@flra.gov.

SUPPLEMENTARY INFORMATION: In the first stage of its eFiling 
initiative, the FLRA enabled parties to use eFiling to file requests 
for Federal Service Impasses Panel assistance in the resolution of 
negotiation impasses. See 77 FR 5987 (Feb. 7, 2012).
    This final rule accompanies the second of three stages of the 
FLRA's eFiling initiative. In this stage, parties will be able to use 
the FLRA's eFiling system to electronically file 11 types of documents 
in cases that are filed with the FLRA's three-Member adjudicatory body, 
the Authority. This rule modifies the FLRA's existing regulations to 
allow for eFiling of such documents, clarifies some of the FLRA's 
procedural regulations, and explains how to calculate the due date for 
filing when parties are served with documents by more than one method. 
In addition, the rule provides that parties may use electronic mail 
(``email'') to serve one another, but only if the served party agrees 
to email service. Further, it modifies 5 CFR 2423.40(a)(3) to conform 
to 5 CFR 2429.29, and deletes the statement in 5 CFR 2429.24 that 
provides for parties filing carbon copies of typewritten material.
    As the FLRA's eFiling procedures develop, the revisions set forth 
in this action may be evaluated and revised further.

Sectional Analyses

    Sectional analyses of the amendments and revisions to part 2423, 
Unfair Labor Practice Proceedings, part 2424, Negotiability 
Proceedings, part 2425, Review of Arbitration Awards, and part 2429, 
Miscellaneous and General Requirements, are as follows:

Part 2423--Unfair Labor Practice Proceedings

Section 2423.0
    This section is amended to state that part 2423 is applicable to 
any unfair labor practice cases that are pending or filed with the FLRA 
on or after June 4, 2012.
Section 2423.6
    This section is amended to state that a charging party in an unfair 
labor practice case may serve the charge on the charged party by email, 
but only if the charged party has agreed to email service.
Section 2423.40
    Paragraph (a)(3) of this section, which requires a table of 
contents and table of authorities for exceptions containing 25 or more 
pages, is amended to eliminate the reference to a table of contents. 
While a table of contents is still required under 5 CFR 2429.29, the 
table of contents requirement in this section is inconsistent with 5 
CFR 2429.29, which requires a table of contents for documents exceeding 
10 double-spaced pages.

Part 2424--Negotiability Proceedings

Section 2424.1
    This section is amended to state that part 2424 is applicable to 
all petitions for review filed on or after June 4, 2012.
Section 2424.22
    Paragraph (b) of this section is amended to state that a petition 
for review filed electronically through use of the FLRA's eFiling 
system satisfies the content requirements of this paragraph, and that a 
petition need not be dated if it is eFiled. Paragraph (b) also is 
amended to state that copies of petition forms are available on the 
FLRA's Web site. Finally, paragraph (b)(2) is amended to state that 
documents submitted along with a petition may be uploaded as 
attachments in the eFiling system if the exclusive representative 
eFiles its petition.
Section 2424.24
    Paragraph (c) of this section is amended to state that a statement 
of position filed electronically through use of the FLRA's eFiling 
system satisfies the content requirements of this paragraph, and that a 
statement need not be dated if it is eFiled. Paragraph (c) also is 
amended to state that copies of statement forms are available on the 
FLRA's Web site. Finally, paragraph (c)(2) is amended to state that 
documents submitted along with a statement may be uploaded as 
attachments in the eFiling system if the agency eFiles its statement.
Section 2424.25
    Paragraph (c) of this section is amended to state that a response 
filed electronically through use of the FLRA's eFiling system satisfies 
the content requirements of this paragraph, and that a response need 
not be dated if it is eFiled. Paragraph (c) also is amended to state 
that copies of response forms are available on the FLRA's Web site. 
Finally, paragraph (c)(1) is amended to state that documents submitted 
along with a response may be uploaded as attachments in the FLRA's 
eFiling system if the exclusive representative eFiles its response.
Section 2424.26
    Paragraph (c) of this section is amended to state that a reply 
filed electronically through use of the FLRA's eFiling system satisfies 
the content requirements of this paragraph, and that a reply need not 
be dated if it is eFiled. Paragraph (c) also is amended to state that 
copies of reply forms are available on the FLRA's Web site. Finally, 
paragraph (c) is amended to state that documents submitted along with a 
reply may be uploaded as attachments in the FLRA's eFiling system if 
the agency eFiles its reply.

Part 2425--Review of Arbitration Awards

Section 2425.1
    This section is amended to state that part 2425 is applicable to 
all arbitration cases in which exceptions are filed with the Authority, 
pursuant to 5 U.S.C. 7122, on or after June 4, 2012.
Section 2425.4
    Paragraph (a) of this section is amended to state that arbitration 
exceptions filed electronically through use of the FLRA's eFiling 
system need not be dated. In addition, paragraph (a)(3) of this section 
is amended to provide that documents may be uploaded as attachments in 
the FLRA's eFiling system if the excepting party uses that system to 
file exceptions.
    Paragraph (d) of this section is amended to provide that an 
exception form is provided on the FLRA's Web

[[Page 26432]]

site, and that filing an exception electronically through use of the 
FLRA's eFiling system complies with the formatting requirements of this 
paragraph.
Section 2425.5
    This section is amended to provide that an opposition form is 
provided on the FLRA's Web site. It also is amended to provide that 
filing an opposition electronically through use of the FLRA's eFiling 
system complies with the formatting requirements of this section, and 
that documents may be uploaded as attachments in the eFiling system if 
the opposing party uses that system to file an opposition.

Part 2429--Miscellaneous and General Requirements

Section 2429.21
    This section is renamed, ``How to compute the due date for filing 
documents with the FLRA; how the FLRA determines the date on which 
documents have been filed.''
    Paragraph (a) of this section is renamed, ``How to compute the due 
date for filing documents with the FLRA,'' and is revised to clarify 
the existing rules regarding how to calculate the due date for filing 
documents with the FLRA. Paragraph (a)(1) is revised to specify that, 
if the last day of the filing period falls on a Saturday, Sunday, or 
federal legal holiday, then the due date falls to the next day that is 
not a Saturday, Sunday, or federal legal holiday, even if the party is 
eFiling.
    Paragraph (b) of this section is renamed, ``How the FLRA determines 
the date on which documents have been filed,'' and is revised to 
clarify the existing rules regarding how the FLRA determines the date 
on which a party has filed documents. Paragraph (b)(1)(v) adds that, if 
a party files documents electronically through use of the FLRA's 
eFiling system, then the date of filing is the calendar day (including 
Saturdays, Sundays, and federal legal holidays) on which the document 
is transmitted in the eFiling system. It also notes that, consistent 
with paragraph (a)(1)(v), an eFiled document is not required to be 
filed on a Saturday, Sunday, or federal legal holiday.
Section 2429.22
    This section is renamed, ``Additional time for filing with the FLRA 
if you are filing in response to a document that has been served on you 
by first-class mail or commercial delivery,'' and is divided into 
paragraphs.
    Paragraph (a) of this section, ``General rules,'' clarifies the 
existing, general rules regarding adding 5 days to the filing period 
when a party is filing in response to a document that has been served 
on that party by first-class mail or commercial delivery.
    Paragraph (b) of this section, ``Rules that apply when you have 
been served by more than one method,'' explains the rules that apply 
when a filing party is filing in response to a document that has been 
served on that party by more than one method. It provides that, as a 
general rule, the first method of service is controlling for purposes 
of determining the due date for a responsive filing. It also provides 
that the filing party is entitled to the additional 5 days only if 
first-class mail or commercial delivery is the first method of service. 
It further provides that, if a party is served by first-class mail or 
commercial delivery on one day, and served by any method other than 
first-class mail or commercial delivery on the same day, then the party 
may not add 5 days--even if the served document was postmarked or 
deposited with a commercial-delivery service earlier in the day than 
the other method(s) of transmission.
    Paragraph (c) of this section, ``Exception for applications for 
review filed under 5 CFR 2422.31,'' restates an existing rule that a 
filing party does not receive an extra 5 days to file an application 
for review under 5 CFR 2422.31.
    Paragraph (d) of this section, ``Exception where extension of time 
has been granted,'' restates an existing rule that a filing party does 
not get an extra 5 days if that party already has received an extension 
of time.
    Paragraph (e) of this section, ``Rules that apply to exceptions to 
arbitration awards,'' refers the reader to 5 CFR 2425.2(c) for rules 
that apply when a party is filing exceptions to an arbitration award.
Section 2429.24
    Paragraph (a) of this section is amended to clarify that the rules 
in paragraph (a) apply to documents filed with the Authority, and not 
documents filed with the General Counsel, a Regional Director, or an 
Administrative Law Judge. It also is amended to clarify that the times 
discussed in the paragraph are Eastern Time (``E.T.''). Further, it is 
amended to provide that documents that are filed electronically through 
use of the FLRA's eFiling system may be filed on any calendar day--
including Saturdays, Sundays, and federal legal holidays, although they 
are not required to be filed on those days--and will be considered 
filed on a particular day if they are filed by midnight E.T. that day. 
Finally, paragraph (a) is amended to clarify that documents may not be 
filed with the Authority by email.
    Paragraph (e) of this section is amended to provide that the 
general rule in the first sentence of existing paragraph (e) is subject 
to new paragraphs (f) and (g), and to move the existing exceptions 
discussed in current paragraph (e) to paragraph (g).
    New paragraph (f) of this section provides that, as an alternative 
to filing by the methods discussed in paragraph (e), a party may file 
the following 11 types of documents electronically through use of the 
FLRA's eFiling service: (1) Applications for review under 5 CFR 
2422.31(a)-(c); (2) oppositions to applications for review under 5 CFR 
2422.31(d); (3) exceptions to Administrative Law Judges' decisions 
under 5 CFR 2423.40(a); (4) oppositions to exceptions to Administrative 
Law Judges' decisions under 5 CFR 2423.40(b); (5) cross-exceptions 
under 5 CFR 2423.40(b); (6) exclusive representatives' petitions for 
review under 5 CFR 2424.22; (7) agency statements of position under 5 
CFR 2424.24; (8) exclusive representatives' responses under 5 CFR 
2424.25; (9) agency replies under 5 CFR 2424.26; (10) exceptions to 
arbitration awards under 5 CFR part 2425; and (11) oppositions to 
exceptions to arbitration awards under 5 CFR part 2425.
    New paragraphs (g)(1)-(4) of this section clarify the existing 
rules (currently in paragraph (e)) for filing certain documents by 
facsimile.
    New paragraph (h) of this section restates an existing requirement 
(currently in paragraph (f)) that matters filed under Sec.  2429.24 be 
legibly printed, typed, or otherwise duplicated. It also deletes the 
sentence, ``Carbon copies of typewritten matter will be accepted if 
they are clearly legible,'' as parties generally do not submit such 
carbon copies. Further, new paragraph (h) provides that, for purposes 
of documents that are filed electronically through use of the eFiling 
system, ``legibly duplicated'' means that documents that are uploaded 
as attachments in the eFiling system must be legible.
    Paragraph (i) of this section restates, more clearly, existing 
wording (currently in paragraph (g)).
    Paragraph (j) of this section restates existing paragraph (h) and 
adds that, for documents that are eFiled, the documents must contain 
the mailing address, email address, and telephone number of the 
individual who is filing the document, but not that individual's 
signature.

[[Page 26433]]

    Paragraph (k) of this section restates and clarifies existing 
paragraph (i).
Section 2429.25
    This section is revised and divided into paragraphs.
    New paragraph (a) of this section, ``General rule,'' restates and 
clarifies the existing, general rule regarding the number of copies and 
paper size of documents that are filed with the Authority, General 
Counsel, Administrative Law Judge, Regional Director, or Hearing 
Officer. It also provides that the general rule is subject to the 
exceptions set forth in new paragraph (b).
    New paragraph (b)(1), (3), and (4) of this section restate and 
clarify the existing exceptions to the general rule that is now set 
forth in paragraph (a). New paragraph (b)(2) adds a new exception for 
documents that are filed electronically through use of the FLRA's 
eFiling system.
Section 2429.27
    Paragraph (b) of this section is revised and divided into 
paragraphs (1) through (6). Paragraphs (1) through (5) restate 
existing, authorized methods of service. Paragraph (6) states that 
parties may serve one another by email, but only if the receiving party 
agrees to email service.
    Paragraph (c) of this section clarifies the existing requirements 
regarding filing statements of service with the FLRA. It also states 
that, for documents that are eFiled, the filing party or individual 
must certify, in the eFiling system and at the time of filing, that 
copies of the filing and any supporting documents have been served on 
the appropriate individuals specified in Sec.  2429.27(a). Finally, 
paragraph (c) provides that statements of service must be signed and 
dated, unless they are eFiled.
    Paragraph (d) of this section clarifies the existing rules 
regarding calculating the date of service, and adds that, for documents 
served by email, the date of service is the date on which the documents 
were transmitted by email.
Section 2429.29
    This section is amended to provide that the existing table-of-
contents requirement for documents exceeding 10 double-spaced pages in 
length applies to briefs that are uploaded as attachments in the 
eFiling system, but that a party using the fillable forms on the FLRA's 
eFiling system is not required to submit a separate table of contents.

Executive Order 12866

    The FLRA is an independent regulatory agency, and as such, is not 
subject to the requirements of E.O. 12866.

Executive Order 13132

    The FLRA is an independent regulatory agency, and as such, is not 
subject to the requirements of E.O. 13132.

Regulatory Flexibility Act Certification

    Pursuant to section 605(b) of the Regulatory Flexibility Act, 5 
U.S.C. 605(b), the Chairman of the FLRA has determined that this rule, 
as amended, will not have a significant impact on a substantial number 
of small entities, because this rule applies only to federal agencies, 
federal employees, and labor organizations representing those 
employees.

Unfunded Mandates Reform Act of 1995

    This rule change will not result in the expenditure by state, 
local, and tribal governments, in the aggregate, or by the private 
sector, of $100,000,000 or more in any one year, and it will not 
significantly or uniquely affect small governments. Therefore, no 
actions were deemed necessary under the provisions of the Unfunded 
Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This action is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. This rule 
will not result in an annual effect on the economy of $100,000,000 or 
more; a major increase in costs or prices; or significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based companies to 
compete with foreign-based companies in domestic and export markets.

Paperwork Reduction Act of 1995

    The amended regulations contain no additional information 
collection or record-keeping requirements under the Paperwork Reduction 
Act of 1995, 44 U.S.C. 3501, et seq.

List of Subjects in 5 CFR Parts 2423, 2424, 2425, and 2429

    Administrative practice and procedure, Government employees, Labor 
management relations.

    For the reasons stated in the preamble, the FLRA amends 5 CFR Parts 
2423, 2424, 2425, as follows:

PART 2423--[AMENDED]

0
1. The authority citation for part 2423 continues to read as follows:

    Authority:  3 U.S.C. 431; 5 U.S.C. 7134.


0
2. Section 2423.0 is revised to read as follows:


Sec.  2423.0  Applicability of this part.

    This part applies to any unfair labor practice cases that are 
pending or filed with the FLRA on or after June 4, 2012.

0
3. Section 2423.6 is amended by revising paragraph (d) to read as 
follows:


Sec.  2423.6  Filing and service of copies.

* * * * *
    (d) Service of the charge. You must serve a copy of the charge 
(without supporting evidence and documents) on the Charged Party. Where 
facsimile equipment is available, you may serve the charge by facsimile 
transmission, as paragraph (c) of this section discusses. 
Alternatively, you may serve the charge by electronic mail (``email''), 
but only if the Charged Party has agreed to be served by email. The 
Region routinely serves a copy of the charge on the Charged Party, but 
you remain responsible for serving the charge, consistent with the 
requirements in this paragraph.

0
4. Section 2423.40 is amended by revising paragraph (a)(3) to read as 
follows:


Sec.  2423.40  Exceptions; oppositions and cross-exceptions; 
oppositions to cross-exceptions; waiver.

    (a) * * *
    (3) Exceptions containing 25 or more pages shall include a table of 
legal authorities cited.
* * * * *

PART 2424--[AMENDED]

0
5. The authority citation for part 2424 continues to read as follows:

    Authority: 5 U.S.C. 7134.


0
6. Section 2424.1 is revised to read as follows:


Sec.  2424.1  Applicability of this part.

    This part applies to all petitions for review filed on or after 
June 4, 2012.

0
7. Section 2424.22 is amended to revise paragraphs (b) introductory 
text and (b)(2) to read as follows:


Sec.  2424.22  Exclusive representative's petition for review; purpose; 
content; severance; service.

* * * * *
    (b) Content. You must file a petition for review on a form that the 
Authority

[[Page 26434]]

has provided for that purpose, or in a substantially similar format. 
You meet this requirement if you file your petition electronically 
through use of the eFiling system on the FLRA's Web site at 
www.flra.gov. That Web site also provides copies of petition forms. You 
must date the petition, unless you file it electronically through use 
of the FLRA's eFiling system. And, regardless of how you file the 
petition, you must ensure that it includes the following:
* * * * *
    (2) Specific citation to any law, rule, regulation, section of a 
collective bargaining agreement, or other authority that you rely on in 
your argument or that you reference in the proposal or provision, and a 
copy of any such material that the Authority cannot easily access 
(which you may upload as attachments if you file the petition 
electronically through use of the FLRA's eFiling system);
* * * * *

0
8. Section 2424.24 is amended by revising paragraphs (c) introductory 
text and (c)(2) introductory text to read as follows:


Sec.  2424.24  Agency's statement of position; purpose; time limits; 
content; severance; service.

* * * * *
    (c) Content. You must file your statement of position on a form 
that the Authority has provided for that purpose, or in a substantially 
similar format. You meet this requirement if you file your statement 
electronically through use of the eFiling system on the FLRA's Web site 
at www.flra.gov. That Web site also provides copies of statement forms. 
You must date your statement, unless you file it electronically through 
use of the eFiling system. And, regardless of how you file your 
statement, your statement must:
* * * * *
    (2) Set forth in full your position on any matters relevant to the 
petition that you want the Authority to consider in reaching its 
decision, including: A statement of the arguments and authorities 
supporting any bargaining obligation or negotiability claims; any 
disagreement with claims that the exclusive representative made in the 
petition for review; specific citation to any law, rule, regulation, 
section of a collective bargaining agreement, or other authority that 
you rely on; and a copy of any such material that the Authority may not 
easily access (which you may upload as attachments if you file your 
statement of position electronically through use of the FLRA's eFiling 
system). Your statement of position must also include the following:
* * * * *

0
9. Section 2424.25 is amended by revising paragraphs (c) introductory 
text and (c)(1) introductory text to read as follows:


Sec.  2424.25  Response of the exclusive representative; purpose; time 
limits; content; severance; service.

* * * * *
    (c) Content. You must file your response on a form that the 
Authority has provided for that purpose, or in a substantially similar 
format. You meet this requirement if you file your response 
electronically through use of the eFiling system on the FLRA's Web site 
at www.flra.gov. That Web site also provides copies of response forms. 
With the exception of a request for severance under paragraph (d) of 
this section, you must limit your response to the matters that the 
agency raised in its statement of position. You must date your 
response, unless you file it electronically through use of the FLRA's 
eFiling system. And, regardless of how you file your response, you must 
ensure that it includes the following:
    (1) Any disagreement with the agency's bargaining obligation or 
negotiability claims. You must: State the arguments and authorities 
supporting your opposition to any agency argument; include specific 
citation to any law, rule, regulation, section of a collective 
bargaining agreement, or other authority on which you rely; and provide 
a copy of any such material that the Authority may not easily access 
(which you may upload as attachments if you file your response 
electronically through use of the FLRA's eFiling system). You are not 
required to repeat arguments that you made in your petition for review. 
If not included in the petition for review, then you must state the 
arguments and authorities supporting any assertion that the proposal or 
provision does not affect a management right under 5 U.S.C. 7106(a), 
and any assertion that an exception to management rights applies, 
including:
* * * * *

0
10. Section 2424.26 is amended by revising paragraph (c) introductory 
text to read as follows:


Sec.  2424.26  Agency's reply; purpose; time limits; content; service.

* * * * *
    (c) Content. You must file your reply on a form that the Authority 
has provided for that purpose, or in a substantially similar format. 
You meet this requirement if you file your reply electronically through 
use of the eFiling system on the FLRA's Web site at www.flra.gov. That 
Web site also provides copies of reply forms. You must limit your reply 
to matters that the exclusive representative raised for the first time 
in its response. Your reply must: State the arguments and authorities 
supporting your position; cite with specificity any law, rule, 
regulation, section of a collective bargaining agreement, or other 
authority that you rely on; and provide a copy of any material that the 
Authority may not easily access (which you may upload as attachments if 
you file your reply electronically through use of the FLRA's eFiling 
system). You must date your reply, unless you file it electronically 
through use of the FLRA's eFiling system. And, regardless of how you 
file your reply, you must ensure that it includes the following:
* * * * *

PART 2425--[AMENDED]

0
11. The authority citation for part 2425 continues to read as follows:

    Authority: 5 U.S.C. 7134.


0
12. Section 2425.1 is revised to read as follows:


Sec.  2425.1  Applicability of this part.

    This part applies to all arbitration cases in which exceptions are 
filed with the Authority, pursuant to 5 U.S.C. 7122, on or after June 
4, 2012.


0
13. Section 2425.4 is amended to revise paragraphs (a) introductory 
text, (a)(3), and (d) to read as follows:


Sec.  2425.4  Content and format of exceptions.

    (a) What is required. You must date your exception, unless you file 
it electronically through use of the eFiling system on the FLRA's Web 
site at www.flra.gov. Regardless of how you file your exception, you 
must ensure that it is self-contained and that it sets forth, in full, 
the following:
* * * * *
    (3) Legible copies of any documents (which you may upload as 
attachments if you file electronically through use of the FLRA's 
eFiling system) that you reference in the arguments discussed in 
paragraph (a)(2) of this section, and that the Authority cannot easily 
access (such as internal agency regulations or provisions of collective 
bargaining agreements);
* * * * *
    (d) Format. You may file your exception on an optional form that is 
available on the FLRA's Web site at www.flra.gov, or in any other 
format that is consistent with paragraphs (a) and (c)

[[Page 26435]]

of this section. You meet this requirement if you file your exception 
electronically through use of the FLRA's eFiling system on that Web 
site. Your failure to use, or properly fill out, an Authority-provided 
form will not, by itself, provide a basis for dismissing your 
exception.


0
14. Section 2425.5 is revised to read as follows:


Sec.  2425.5  Content and format of opposition.

    If you choose to file an opposition, then you may file your 
opposition on an optional form that is available on the FLRA's Web site 
at www.flra.gov, or in any other format that is consistent with this 
section. You meet this requirement if you file your opposition 
electronically through use of the FLRA's eFiling system on that Web 
site. Your failure to use, or properly fill out, an Authority-provided 
form will not, by itself, provide a basis for dismissing your 
opposition. If you choose to file an opposition, and you dispute any 
assertions that have been made in the exceptions, then you should 
address those assertions--including any assertions that any evidence, 
factual assertions, arguments (including affirmative defenses), 
requested remedies, or challenges to an awarded remedy were raised 
before the arbitrator. If the excepting party has requested an 
expedited, abbreviated decision under Sec.  2425.7 of this part, then 
you should state whether you support or oppose such a decision and 
provide supporting arguments. You must provide copies of any documents 
upon which you rely (which you may upload as attachments if you file 
your opposition electronically through use of the FLRA's eFiling 
system), unless the Authority can easily access those documents (as 
discussed in Sec.  2425.4(b) of this part) or the excepting party 
provided them with its exceptions.

PART 2429--[AMENDED]

0
15. The authority citation for part 2429 continues to read as follows:

    Authority:  5 U.S.C. 7134; Sec.  2429.18 also issued under 28 
U.S.C. 2112(a).


0
16. Section 2429.21 is revised to read as follows:


Sec.  2429.21  How to compute the due date for filing documents with 
the FLRA; how the FLRA determines the date on which documents have been 
filed.

    (a) How to compute the due date for filing documents with the FLRA. 
In computing the due date for filing any document with the FLRA under 
this subchapter, follow these rules:
    (1) General rules. Except in the situations discussed in paragraphs 
(a)(2) and (3) of this section, follow these steps in order to 
determine the date on which you must file any document with the FLRA.
    (i) Step 1: Determine the act, event, or default (``the triggering 
event'') that you are filing in response to. The act, event, or default 
constitutes the triggering event even if it falls on a Saturday, 
Sunday, or federal legal holiday.
    (ii) Step 2: Determine the number of days that you have to file 
(``the filing period'').
    (iii) Step 3: Determine the first day of the filing period. This is 
the day after, not the day of, the triggering event, and constitutes 
the first day of the filing period even if it is a Saturday, Sunday, or 
federal legal holiday.
    (iv) Step 4: Starting with the first day of the filing period, 
count calendar days--including Saturdays, Sundays, and federal legal 
holidays--until you reach the last day of the filing period (``the last 
day'').
    (v) Step 5: Ask: Does the last day fall on a Saturday, Sunday, or 
federal legal holiday? If no, then your filing is due on that day 
(unless you are entitled to an additional 5 days under Sec.  2429.22). 
If yes, then find the next day on the calendar that is not a Saturday, 
Sunday, or federal legal holiday. Your filing is due on that day 
(unless you are entitled to an additional 5 days under Sec.  2429.22), 
even if you are filing electronically through use of the eFiling system 
on the FLRA's Web site at www.flra.gov (although, as discussed in 
paragraph (b)(1)(v) of this section, you are permitted to file 
electronically on Saturdays, Sundays, or federal legal holidays). See 
Sec.  2429.22 for rules regarding how to calculate your due date if you 
are entitled to an additional 5 days.
    (2) Agreement-bar exception. If you are filing a petition in an 
agreement-bar situation under 5 CFR 2422.12(c), (d), (e), and (f), 
then, as discussed further in those regulations, you must file a 
petition no later than 60 days before the expiration date of the 
existing collective-bargaining agreement (``the 60-day date''). The 
first day (``day one'') of the period is the day before, not the day on 
which, the collective-bargaining agreement expires. Start with day one, 
and count back on the calendar from that day, including Saturdays, 
Sundays, and federal legal holidays. If the 60th day falls on a 
Saturday, Sunday, or federal legal holiday, then you must file your 
petition by the close of business on the last official workday that 
comes before, not after, that Saturday, Sunday, or federal legal 
holiday.
    (3) Exception for filing periods that are 7 days or less. If your 
filing period is 7 days or less, then determine the act, event, or 
default that you are filing in response to (``the triggering event''). 
Find the first day after the triggering event that is not a Saturday, 
Sunday, or federal legal holiday. Start counting the 7-day period on 
(and including) that day, but exclude any Saturdays, Sundays, or 
federal legal holidays. The 7th day is the due date for filing.
    (b) How the FLRA determines the date on which documents have been 
filed. The FLRA applies the following rules in determining the date on 
which a party has filed documents.
    (1) General rules. Except in the situations discussed in paragraph 
(b)(2) of this section, the FLRA looks to the method by which documents 
have been filed in order to determine the date on which those documents 
have been filed. Specifically:
    (i) Documents filed with the FLRA by first-class mail. If the 
mailing contains a legible postmark date, then that date is the date of 
filing. If the mailing does not contain a legible postmark date, then 
the FLRA presumes that it was filed 5 days prior to the date on which 
the appropriate FLRA component, officer, or agent receives it.
    (ii) Documents filed with the FLRA by facsimile (``fax''). If the 
date of transmission on a fax is clear, then that date is the filing 
date. If the date of transmission on a fax is not clear, then the date 
of filing is the date on which the appropriate FLRA component, officer, 
or agent receives the fax.
    (iii) Documents filed with the FLRA by personal delivery. The date 
of filing is the date on which the appropriate FLRA component, officer, 
or agent receives the filing.
    (iv) Documents filed with the FLRA by deposit with a commercial-
delivery service that provides a record showing the date of deposit. 
The date of filing is the date of deposit with the commercial-delivery 
service.
    (v) Documents filed electronically through use of the eFiling 
system on the FLRA's Web site at www.flra.gov. The date of filing is 
the calendar day (including Saturdays, Sundays, and federal legal 
holidays) on which the document is transmitted in the eFiling system. 
Although documents that are filed electronically may be filed on 
Saturdays, Sundays, and federal legal holidays, they are not required 
to be filed on such days, as discussed in paragraph (a)(1)(v) of this 
section.
    (2) Exceptions. The rules in paragraph (b)(1) of this section do 
not apply to filing an unfair labor practice charge under 5 CFR part 
2423, a representation

[[Page 26436]]

petition under 5 CFR part 2422, and a request for an extension of time 
under Sec.  2429.23(a). See those provisions for more information.
    (c) Compliance with Sec.  2429.24. All documents filed or required 
to be filed with the Authority must be filed in accordance with the 
rules set out in Sec.  2429.24.


0
17. Section 2429.22 is revised to read as follows:


Sec.  2429.22  Additional time for filing with the FLRA if you are 
filing in response to a document that has been served on you by first-
class mail or commercial delivery.

    (a) General rules. Except as discussed in paragraphs (b), (c), (d), 
and (e) of this section, apply the following rules if and only if you 
are filing a document with the FLRA in response to a document that has 
been served on you by first-class mail or commercial delivery. First, 
look to Sec.  2429.21(a)(1) and apply steps 1 through 5 of that section 
in order to determine what normally would be your due date. Second, 
starting with the next calendar day, which will be day one, count 
forward on the calendar, including Saturdays, Sundays, and federal 
legal holidays, until you reach day five. If day five is not a 
Saturday, Sunday, or federal legal holiday, then your filing is due 
with the FLRA on that day. If day five is a Saturday, Sunday, or 
federal legal holiday, then find the next calendar day that is not a 
Saturday, Sunday, or federal legal holiday; your filing is due with the 
FLRA on that day.
    (b) Rules that apply when you have been served by more than one 
method. If someone has served you with a document using more than one 
method of service, then, as a general rule, the first method of service 
is controlling for purposes of determining your due date for filing 
with the FLRA. For example, if someone serves you with a document by 
first-class mail or commercial delivery on one day, and then serves you 
by some other method (such as electronic mail) the next day, then you 
may add 5 days to your due date, as described in paragraph (a) of this 
section. But if someone serves you with a document one day by any 
method other than first-class mail or commercial delivery, and later 
serves you with the document by first-class mail or commercial 
delivery, then you may not add 5 days to your due date; rather, you 
must look to Sec.  2429.21(a)(1) and apply steps 1 through 5 of that 
section in order to determine your due date. Also, if someone serves 
you by first-class mail or commercial delivery on one day, and by any 
other method on the same day, then you may not add 5 days--even if the 
first-class mail was postmarked or the time of deposit with the 
commercial-delivery service was earlier in the day than the time at 
which the other method of service was effected.
    (c) Exception for applications for review filed under 5 CFR 
2422.31. You do not get an additional 5 days to file an application for 
review of a Regional Director's Decision and Order under 5 CFR 2422.31, 
regardless of the method of service of that Decision and Order.
    (d) Exception where extension of time has been granted. You do not 
get an additional 5 days in any instance where an extension of time 
already has been granted.
    (e) Rules that apply to exceptions to arbitration awards. For 
specific rules that apply to filing exceptions to arbitration awards, 
see 5 CFR 2425.2(c).


0
18. Section 2429.24 is amended by revising paragraphs (a), (e), (f), 
(g), (h), and (i), and adding new paragraphs (j) and (k), to read as 
follows:


Sec.  2429.24  Place and method of filing; acknowledgement.

    (a) Except for documents that are filed electronically through use 
of the eFiling system on the FLRA's Web site at www.flra.gov, anyone 
who files a document with the Authority (as distinguished from the 
General Counsel, a Regional Director, or an Administrative Law Judge) 
must file that document with the Chief, Case Intake and Publication, 
Federal Labor Relations Authority, Docket Room, Suite 200, 1400 K 
Street NW., Washington, DC 20424-0001 (telephone: (202) 218-7740) 
between 9 a.m. and 5 p.m. Eastern Time (``E.T.''), Monday through 
Friday (except federal holidays). If you file documents by hand 
delivery, then you must present those documents in the Docket Room no 
later than 5 p.m. E.T., if you want the Authority to accept those 
documents for filing on that day. If you file documents electronically 
through use of the FLRA's eFiling system, then you may file those 
documents on any calendar day--including Saturdays, Sundays, and 
federal legal holidays--and the Authority will consider those documents 
filed on a particular day if you file them no later than midnight E.T. 
on that day. Note, however, that although you may eFile documents on 
Saturdays, Sundays, and federal legal documents, you are not required 
to do so. Also note that you may not file documents with the Authority 
by electronic mail (``email'').
* * * * *
    (e) Except as discussed in paragraphs (f) and (g) of this section, 
if you are filing documents with the FLRA, then you must file them in 
person, by commercial delivery, by first-class mail, or by certified 
mail.
    (f) As an alternative to the filing methods discussed in paragraph 
(e) of this section, you may file the following documents, and only the 
following documents, electronically through use of the eFiling system 
on the FLRA's Web site at www.flra.gov:
    (1) Applications for review under 5 CFR 2422.31(a) through (c);
    (2) Oppositions to applications for review under 5 CFR 2422.31(d);
    (3) Exceptions to Administrative Law Judges' decisions under 5 CFR 
2423.40(a);
    (4) Oppositions to exceptions to Administrative Law Judges' 
decisions under 5 CFR 2423.40(b);
    (5) Cross-exceptions under 5 CFR 2423.40(b);
    (6) Exclusive representatives' petitions for review under 5 CFR 
2424.22;
    (7) Agency statements of position under 5 CFR 2424.24;
    (8) Exclusive representatives' responses under 5 CFR 2424.25;
    (9) Agency replies under 5 CFR 2424.26;
    (10) Exceptions to arbitration awards under 5 CFR part 2425; and
    (11) Oppositions to exceptions to arbitration awards under 5 CFR 
part 2425.
    (g) As another alternative to the methods of filing described in 
paragraph (e) of this section, you may file the following documents by 
facsimile (``fax''), so long as fax equipment is available and your 
entire, individual filing does not exceed 10 pages in total length, 
with normal margins and font sizes. You may file only the following 
documents by fax under this paragraph (g):
    (1) Motions;
    (2) Information pertaining to prehearing disclosure, conferences, 
orders, or hearing dates, times, and locations;
    (3) Information pertaining to subpoenas; and
    (4) Other matters that are similar to those in paragraphs (g)(1) 
through (3) of this section.
    (h) You must legibly print, type, or otherwise duplicate any 
documents that you file under this section. For purposes of documents 
that are filed electronically through use of the FLRA's eFiling system 
under paragraph (f) of this section, ``legibly * * * duplicated'' means 
that documents that you upload as attachments into the eFiling system 
must be legible.
    (i) Documents, including correspondence, in any proceedings

[[Page 26437]]

under this subchapter must show the title of the proceeding and the 
case number, if any.
    (j) Except for documents that are filed electronically through use 
of the FLRA's eFiling system, the original of each document required to 
be filed under this subchapter must be signed by either the filing 
party or that party's attorney, other representative of record, or 
officer, and also must contain the address and telephone number of the 
person who signs the document. Documents that are filed electronically 
using the FLRA's eFiling system must contain the mailing address, email 
address, and telephone number of the individual who files the document, 
but not that individual's signature.
    (k) A return postal receipt may serve as acknowledgement that the 
Authority, General Counsel, Administrative Law Judge, Regional 
Director, or Hearing Officer has received a filed document. Otherwise, 
the FLRA will acknowledge receipt of filed documents only if the filing 
party:
    (1) Asks the receiving FLRA officer to do so;
    (2) Includes an extra copy of the document or the letter to which 
the document is attached, which the receiving FLRA office will date-
stamp and return to the filing party; and
    (3) For returns that are to be sent by mail, includes a self-
addressed, stamped envelope.

0
19. Section 2429.25 is revised to read as follows:


Sec.  2429.25  Number of copies and paper size.

    (a) General rule. Except as discussed in paragraph (b) of this 
section, and unless you use an FLRA-prescribed form, any document that 
you file with the Authority, General Counsel, Administrative Law Judge, 
Regional Director, or Hearing Officer, including any attachments, must 
be on 8\1/2\ by 11 inch size paper, using normal margins and font 
sizes. You must file an original as well as four (4) legible copies of 
each document, for a total of five (5) documents. You may substitute 
for the original document a clean copy of that document, so long as the 
copy is capable of being used as an original for purposes such as 
further reproduction.
    (b) Exceptions. You are not required to comply with paragraph (a) 
of this section if and only if:
    (1) You file documents by facsimile transmission under Sec.  
2429.24(g), in which case you are required to file only one (1) legible 
copy that is capable of being reproduced;
    (2) You file documents electronically through use of the FLRA's 
eFiling system;
    (3) The Authority or the General Counsel, or their designated 
representatives, allow you not to comply; or
    (4) Another provision of this subchapter allows you not to comply.


0
20. Section 2429.27 is amended by revising paragraphs (b), (c), and (d) 
to read as follows:


Sec.  2429.27  Service; statement of service.

* * * * *
    (b) If you are serving a document under paragraph (a) of this 
section, then you must use one of the following methods of service:
    (1) Certified mail;
    (2) First-class mail;
    (3) Commercial delivery;
    (4) In-person delivery;
    (5) Facsimile (``fax'') service, but only for the types of 
documents listed in Sec.  2429.24(g) and only where fax equipment is 
available; or
    (6) Electronic mail (``email''), but only when the receiving party 
has agreed to be served by email.
    (c) If you serve a document under this section, then you must file, 
with the appropriate FLRA office, a statement indicating that the party 
has served that document (a ``statement of service''). If you are 
filing documents electronically using the FLRA's eFiling system, then 
you must certify, in the FLRA's eFiling system and at the time of 
filing, that you have served copies of the filing and any supporting 
documents on the appropriate individual(s) specified in paragraph (a) 
of this section. Regardless of how you file a statement of service with 
the FLRA, you must ensure that your statement of service includes the 
names of the parties and persons that you served, their addresses, the 
date on which you served them, the nature of the document(s) that you 
served, and the manner in which you served the parties or persons that 
you served. You must also sign and date the statement of service, 
unless you are using the FLRA's eFiling system.
    (d) Date of service. For any documents that you serve under this 
section, the date of service depends on the manner in which you serve 
the documents. Specifically, the date of service shall be the date on 
which you have: deposited the served documents in the U.S. mail; 
delivered them in person; deposited them with a commercial-delivery 
service that will provide a record showing the date on which the 
document was tendered to the delivery service; transmitted them by fax 
(where allowed under paragraph (b)(5) of this section); or transmitted 
them by email (where allowed under paragraph (b)(6) of this section).


0
21. Section 2429.29 is revised to read as follows:


Sec.  2429.29  Content of filings.

    With one exception, if you file any document with the Authority or 
the Office of Administrative Law Judges in a proceeding covered by this 
subchapter--including any briefs that you upload into the FLRA's 
eFiling system as attachments--and that document exceeds 10 double-
spaced pages in length, then you must ensure that the document includes 
a table of contents. The one exception is that, if you use the fillable 
forms in the FLRA's eFiling system, then you are not required to submit 
a table of contents to accompany the fillable forms.

    Dated: May 1, 2012.
Carol Waller Pope,
Chairman.
[FR Doc. 2012-10801 Filed 5-3-12; 8:45 am]
BILLING CODE 6727-01-P