Rule2026-05723
Amendment to Memorandum Describing the Authority and Assigned Responsibilities of the General Counsel of the Federal Labor Relations Authority
Primary source
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Published
March 24, 2026
Effective
April 23, 2026
Issuing agencies
Federal Labor Relations Authority
Abstract
The Federal Labor Relations Authority (FLRA) amends Appendix B titled "Memorandum Describing the Authority and Assigned Responsibilities of the General Counsel of the Federal Labor Relations Authority." The amendment revokes and deletes Appendix B's current section I.C., which delegates to Regional Directors (RDs) authority to process and determine representation matters. The amendment also adopts a new section I.C., which delegates to RDs authority to process and determine representation matters that arise when the Authority lacks a quorum.
Full Text
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<title>Federal Register, Volume 91 Issue 56 (Tuesday, March 24, 2026)</title>
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[Federal Register Volume 91, Number 56 (Tuesday, March 24, 2026)]
[Rules and Regulations]
[Pages 13949-13952]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05723]
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FEDERAL LABOR RELATIONS AUTHORITY
5 CFR Chapter XIV
Amendment to Memorandum Describing the Authority and Assigned
Responsibilities of the General Counsel of the Federal Labor Relations
Authority
AGENCY: Federal Labor Relations Authority.
ACTION: Final rule.
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SUMMARY: The Federal Labor Relations Authority (FLRA) amends Appendix B
titled ``Memorandum Describing the Authority and Assigned
Responsibilities of the General Counsel of the Federal Labor Relations
Authority.'' The amendment revokes and deletes Appendix B's current
section I.C., which delegates to Regional Directors (RDs) authority to
process and determine representation matters. The amendment also adopts
a new section I.C., which delegates to RDs authority to process and
determine representation matters that arise when the Authority lacks a
quorum.
DATES: The effective date of this amendment is April 23, 2026.
FOR FURTHER INFORMATION CONTACT: Thomas Tso, Solicitor, at
<a href="/cdn-cgi/l/email-protection#552121263a15333927347b323a23"><span class="__cf_email__" data-cfemail="cfbbbbbca08fa9a3bdaee1a8a0b9">[email protected]</span></a> or at (771) 444-5779.
SUPPLEMENTARY INFORMATION: The Federal Service Labor-Management
Relations Statute (the Statute), 5 U.S.C. 7101-7135, grants Members of
the Authority the power and responsibility to ``determine the
appropriateness of units,'' id. 7105(a)(2)(A); ``supervise or conduct
elections'' and ``otherwise administer the provisions . . . [of the
Statute] relating to the according of exclusive recognition,'' id.
7105(a)(2)(B); ``prescribe criteria and resolve issues relating to the
granting of national consultation rights,'' id. 7105(a)(2)(C);
``prescribe criteria relating to the
[[Page 13950]]
granting of consultation rights with respect to conditions of
employment,'' id. 7105(a)(2)(F); and ``take such other actions as are
necessary and appropriate to effectively administer [the Statute],''
id. 7105(a)(2)(I). From 1979 until 1983, the Authority Members
exercised those powers directly. But since 1983, the Authority has
delegated to Regional Directors (RDs) its power and responsibility to
determine whether a group of employees is an appropriate bargaining
unit, to conduct investigations and to provide for hearings in
representation matters, to determine whether a question of
representation exists and to direct an election, and to supervise or
conduct secret ballot elections and certify the results thereof. See 5
U.S.C. 7105(e)(1); Amendment to Memo. Describing the Authority &
Assigned Responsibilities of the General Counsel of the FLRA, 48 FR
28814 (June 23, 1983) (amending memorandum so as to delegate authority
and responsibility to RDs in representation cases); Processing of
Cases; General Requirements, 48 FR 40189 (Sept. 6, 1983) (revising
regulations to implement the amendment to the memorandum). The
Authority also established a process to review the actions of RDs in
those areas of delegated responsibility. See 5 U.S.C. 7105(f);
Processing of Cases; General Requirements, 48 FR at 40190-95
(establishing Sec. 7105(f) appeals process).
The delegation of authority to the RDs appears in section I.C. of a
memorandum published as Appendix B to 5 CFR Chapter XIV.
For the reasons further explained in the interim final rule
amending the FLRA's regulations--which is also published elsewhere in
this issue of the Federal Register--the FLRA finds that the memorandum
of delegated authorities and responsibilities to the RDs merits
revision.
Accordingly, the FLRA, pursuant to a vote by the Members of the
Authority, revokes and deletes the text of section I.C. of Appendix B
to 5 CFR Chapter XIV--entitled ``Representation cases.'' Further, the
FLRA adopts a new section I.C. of Appendix B to 5 CFR Chapter XIV that
delegates authority and responsibility to RDs only in representation
matters that arise when the Authority lacks a quorum. The text of the
new section I.C. is set forth later in this notice.
The new section I.C. will be effective on the effective date of the
interim final rule--published elsewhere in this issue of the Federal
Register--amending parts 2421, 2422, 2426, and 2429 of the FLRA's
regulations.
Further, the FLRA is reformatting the title of section III of
Appendix B to 5 CFR Chapter XIV--``Personnel.'' This reformatting is
intended to render the title text bold and italicized so that it
mirrors the formatting of all other section titles in the Appendix. Two
terms in section III are also updated to reflect the FLRA's current
structure. Specifically, the term ``field offices'' is changed to
``Regional Offices,'' and ``Office of Administration'' is changed to
``Office of the Executive Director.'' No substantive changes are
intended for this section.
Executive Order 12866
Pursuant to E.O. 12866 (``Regulatory Planning and Review''), as
amended by E.O. 14215, a determination must be made whether a
regulatory action is significant and therefore subject to review by the
Office of Management and Budget (OMB) in accordance with the
requirements of the Executive Order. E.O. 13563 (``Improving Regulation
and Regulatory Review'') supplements and reaffirms the principles,
structures, and definitions governing contemporary regulatory review
established in E.O. 12866.
This amendment of an internal delegation deals with ``agency
organization, management, or personnel matters,'' and, therefore, E.O.
12866 does not apply. E.O. 14192 (``Unleashing Prosperity Through
Deregulation'') requires that any new incremental costs associated with
new regulations shall, to the extent permitted by law, be offset by the
elimination of existing costs associated with at least 10 prior
regulations. This amendment of an internal delegation is expected to be
a deregulatory action for purposes of E.O. 14192. This amendment of an
internal delegation is also not significant under E.O. 12866.
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
amendment of an internal delegation 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.
Executive Order 13132, Federalism
The FLRA is an independent regulatory agency, and as such, is not
subject to the requirements of E.O. 13132.
This amendment of an internal delegation will not have substantial
direct effects on the States, on the relationship between the national
government and the states, or on distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with E.O. 13132, this amendment of an internal delegation
does not have sufficient federalism implications to warrant preparation
of a federalism assessment.
Executive Order 12988, Civil Justice Reform
This amendment of an internal delegation meets the applicable
standard set forth in section 3(a) and (b)(2) of E.O. 12988.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
This amendment of an internal delegation does not have tribal
implications under E.O. 13175 because it would not have a substantial
direct effect on one or more Indian tribes, on the relationship between
the federal government and Indian tribes, or on the distribution of
power and responsibilities between the federal government and Indian
tribes.
Executive Order 14294, Overcriminalization of Federal Regulations
E.O. 14294 requires agencies promulgating regulations with criminal
regulatory offenses potentially subject to criminal enforcement to
explicitly describe the conduct subject to criminal enforcement, the
authorizing statutes, and the mens rea standard applicable to each
element of those offenses. This amendment of an internal delegation
does not impose a criminal regulatory penalty and is, thus, exempt from
E.O. 14924's requirements.
Unfunded Mandates Reform Act of 1995
This amendment of an internal delegation 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
amendment
[[Page 13951]]
of an internal delegation 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 internal delegation contains 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 Appendix B to 5 CFR Chapter XIV
Federal employees, Labor management relations, Administrative
practice and procedure, Representation Proceedings, Federal Labor
Relations Authority.
For the reasons stated in the preamble, the Federal Labor Relations
Authority amends appendix B to 5 CFR chapter XIV as follows:
Appendix B to 5 CFR Chapter XIV--Memorandum Describing the Authority
and Assigned Responsibilities of the General Counsel of the Federal
Labor Relations Authority
0
1. Add an authority citation for appendix B to read as follows:
Authority: 3 U.S.C. 431; 5 U.S.C. 7105(d), 7134.
Section I.C. also issued under 5 U.S.C. 7105(e)(1), (f).
0
2. Amend appendix B by revising sections I.C. and III to read as
follows:
Appendix B to 5 CFR Chapter XIV--Memorandum Describing the Authority
and Assigned Responsibilities of the General Counsel of the Federal
Labor Relations Authority
* * * * *
I. * * *
C. Representation cases. The statutory authority of the Federal
Labor Relations Authority to delegate to Regional Directors its
authority to process and determine representation matters is set
forth in section 7105(e)(1) and (f) of the Statute.
The Authority lacks a quorum when the Authority has one or zero
Members. In proceedings that arise when the Authority lacks a
quorum, in accordance with section 7105(e)(1) and (f) of the
Statute, Regional Directors, who are directed and supervised by the
General Counsel as provided by section III of this memorandum, are
hereby delegated the authority to determine whether a group of
employees is an appropriate unit, to conduct investigations and to
provide for hearings, to determine whether a question of
representation exists and to direct an election, and to supervise or
conduct secret ballot elections and certify the results thereof.
In proceedings that arise when the Authority lacks a quorum,
Regional Directors are authorized and have responsibility to receive
and process, in accordance with decisions of the Authority and the
rules and regulations of the Authority and the General Counsel, all
petitions filed pursuant to sections 7111, 7112(d), 7113, 7115 and
7117(d) of the Statute.
In proceedings that arise when the Authority lacks a quorum, the
authority and responsibility of Regional Directors shall extend to
all phases of the investigation of petitions through the conclusion
of the hearing to be conducted by a Regional Office employee (if a
hearing should be necessary to resolve disputed issues), including
decisional action by the Regional Director after such investigation
or hearing.
In proceedings that arise when the Authority lacks a quorum,
Regional Directors also are authorized and have responsibility to
direct an election after a hearing pursuant to sections 7111 and
7112(d) of the Statute and to approve consent election agreements in
accordance with section 7111(g) of the Statute.
In the event the Authority or a Regional Director directs an
election or approves a consent election agreement, the Regional
Director is authorized to supervise or conduct the election pursuant
to sections 7111 and 7112(d) of the Statute when the Authority lacks
a quorum. In such instances, Regional Directors are authorized and
have responsibility to determine the validity of determinative
challenges and objections to the conduct of the election and other
similar matters. This authority and responsibility extends to all
phases of the investigation of such determinative challenges and
objections through the conclusion of a hearing to be conducted by a
Regional Office employee (if a hearing should be necessary to
resolve disputed issues), including decisional action by the
Regional Director after such investigation or hearing.
In proceedings that arise when the Authority lacks a quorum,
Decisions and Orders of Regional Directors made pursuant to this
delegation of authority become the action of the Authority when:
(1) No interested person files an application for review with
the Authority within sixty (60) days after the date of the Regional
Director's Decision and Order; or
(2) An interested person files a timely application for review
with the Authority and, while the Authority has a quorum, the
Authority does not undertake to grant review of the Regional
Director's Decision and Order within sixty (60) days; or
(3) An interested person files a timely application for review
with the Authority and, after the Authority regains a quorum, the
Authority denies an application for review of the Regional
Director's Decision and Order.
If no interested person files an application for review with the
Authority within sixty (60) days after the date of the Regional
Director's Decision and Order; or if an interested person files a
timely application for review with the Authority and, while the
Authority has a quorum, the Authority does not undertake to grant
review of the Regional Director's Decision and Order within sixty
(60) days; or if an interested person files a timely application for
review with the Authority and, after the Authority regains a quorum,
the Authority denies an application for review of the Regional
Director's Decision and Order, then the Regional Director's Decision
and Order will become final and binding, and the Regional Director
will certify to the parties the results of any election held or
issue any clarification of unit, amendment of recognition or
certification, determination of eligibility for dues allotment, or
certification on consolidation of units as required.
The Authority will undertake to grant review of a Regional
Director's Decision and Order upon the timely filing of an
application for review only where compelling reasons exist therefor
as set forth in the rules and regulations.
Neither an interested person filing, nor the Authority granting,
an application for review of a Regional Director's Decision and
Order will stay any action ordered by the Regional Director, unless
specifically ordered by the Authority. If the Authority grants
review, then the Authority may affirm, modify, or reverse any action
reviewed.
* * * * *
III. Personnel. Under 5 U.S.C. 7105(d), the Authority is
authorized to appoint Regional Directors. In order better to ensure
the effective exercise of the duties and responsibilities of the
General Counsel, the General Counsel is delegated authority to
recommend the appointment, transfer, demotion, or discharge of any
Regional Director. However, such actions may be taken only with the
approval of the Authority. In the event of a vacant Regional
Director position, the General Counsel may, without the approval of
the Authority, detail personnel as acting Regional Director for a
total period of up to 120 days commencing on the day the position
becomes vacant. If the position remains vacant for more than 120
days, a detail must be approved by the Authority. Other details of
personnel to act as Regional Director during periods when there is
an incumbent in the position shall be accomplished by the General
Counsel without the approval of the Authority. The General Counsel
shall have authority to direct and supervise the Regional Directors.
Under 5 U.S.C. 7104(f)(3), the General Counsel shall have direct
authority over, and responsibility for all employees in the Office
of the General Counsel and all personnel of the General Counsel in
the Regional Offices of the Authority. This includes full and final
authority subject to applicable laws and rules, regulations, and
procedures of the Office of Personnel Management and the Authority
over the selection, retention, transfer, promotion, demotion,
discipline, discharge, and in all other respects of such personnel
except the detail in the event of a vacancy for a period in excess
of 120 days, appointment, transfer, demotion, or discharge of any
Regional Director. Further,
[[Page 13952]]
the establishment, transfer, or elimination of any Regional Office
or non-Regional Office duty location may be accomplished only with
the approval of the Authority. The Authority will provide such
administrative support functions, including personnel management,
financial management, and procurement functions, through the Office
of the Executive Director of the Authority as are required by the
General Counsel to carry out the General Counsel's statutory and
prescribed functions.
By the Authority
Thomas Tso,
Solicitor.
Note: The following will not appear in the Code of Federal
Regulations.
Dissenting View of Member Anne Wagner
As discussed in my dissent to today's interim final rule completely
overhauling the Federal Labor Relations Authority's (FLRA's)
representation regulations, I would give the FLRA's stakeholders an
opportunity to comment before we modify those regulations.
Consequently, I would not revise the existing delegation to the FLRA's
Regional Directors in representation matters until we have received and
reviewed comments on the regulations. Accordingly, I dissent from
today's amendment to Appendix B to 5 CFR Chapter XIV.
[FR Doc. 2026-05723 Filed 3-23-26; 8:45 am]
BILLING CODE 6727-01-P
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