Rule2026-21078
Meaning of Terms as Used in This Subchapter; Representation Proceedings; National Consultation Rights and Consultation Rights on Government-Wide Rules or Regulations; Miscellaneous and General Requirements
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 15, 2026
Effective
October 15, 2026
Issuing agencies
Federal Labor Relations Authority
Abstract
The Federal Labor Relations Authority (FLRA) publishes this document to implement the vacatur of the interim final rule published March 24, 2026 (Interim Final Rule). Except for certain minor or technical changes that were part of the Interim Final Rule but were not vacated, this document reinstates the wording of the affected regulations as they appeared before the Interim Final Rule took effect.
Full Text
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<title>Federal Register, Volume 91 Issue 198 (Thursday, October 15, 2026)</title>
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[Federal Register Volume 91, Number 198 (Thursday, October 15, 2026)]
[Rules and Regulations]
[Pages 65441-65449]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21078]
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FEDERAL LABOR RELATIONS AUTHORITY
5 CFR Parts 2421, 2422, 2426, and 2429
Meaning of Terms as Used in This Subchapter; Representation
Proceedings; National Consultation Rights and Consultation Rights on
Government-Wide Rules or Regulations; Miscellaneous and General
Requirements
AGENCY: Federal Labor Relations Authority.
ACTION: Final rule.
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SUMMARY: The Federal Labor Relations Authority (FLRA) publishes this
document to implement the vacatur of the interim final rule published
March 24, 2026 (Interim Final Rule). Except for certain minor or
technical changes that were part of the Interim Final Rule but were not
vacated, this document reinstates the wording of the affected
regulations as they appeared before the Interim Final Rule took effect.
DATES: This final rule is effective on October 15, 2026.
FOR FURTHER INFORMATION CONTACT: Thomas Tso, Solicitor, at
<a href="/cdn-cgi/l/email-protection#01726e6d6c60686d41676d73602f666e77"><span class="__cf_email__" data-cfemail="b4c7dbd8d9d5ddd8f4d2d8c6d59ad3dbc2">[email protected]</span></a> or at (771) 444-5778.
SUPPLEMENTARY INFORMATION:
I. Background
On March 24, 2026, the FLRA published the Interim Final Rule with a
request for comments. Meaning of Terms as Used in This Subchapter;
Representation Proceedings; National Consultation Rights and
Consultation Rights on Government-wide Rules or Regulations;
Miscellaneous and General Requirements, 91 FR 13933 (Mar. 24, 2026)
(Member Anne Wagner dissenting). The Interim Final Rule was effective
April 23, 2026. Id. at 13933. In a memorandum and order on June 29,
2026, the United States District Court for the District of
Massachusetts held that the Interim Final Rule and its April 23, 2026,
effective date were arbitrary and capricious. See AFGE, AFL-CIO v.
FLRA, 838 F.Supp.3d 90 (D. Mass. June 29, 2026). In a final judgment on
July 8, 2026, the District Court vacated the Interim Final Rule, except
for certain minor or technical changes that are discussed in Section II
below. See id., Final J., Dkt. No. 45 (D. Mass. July 8, 2026). In order
to implement the District Court's vacatur, this document reinstates the
wording of the affected regulations as they appeared before the Interim
Final Rule took effect--except for the minor or technical changes that
the vacatur did not affect. These reinstated regulations were already
in effect as a matter of law due to the District Court's decision, but
this publication restores their appearance in the Code of Federal
Regulations. The FLRA has sought reconsideration of the District
Court's decision. The FLRA will issue a superseding notice in the
Federal Register if the District Court's decision is vacated.
II. Minor or Technical Changes
The Interim Final Rule's minor or technical changes that the
District Court did not vacate are set forth in 5 CFR 2422.3; 2422.5;
2422.6; 2422.34; 2426.2(b)(2)(i), (iv), & (v), and (b)(3)(ii);
2426.12(b)(2)(i), (iv), & (v), and (b)(3)(ii); 2429.7; and
2929.24(f)(7) and (f)(9). See id. Because these revisions have remained
unchanged since the Interim Final Rule's effective date, they are not
changed in this final rule.
III. Procedural and Other Matters
Section 553(b) of the Administrative Procedure Act, 5 U.S.C.
553(b), provides that when an agency for good cause finds that notice-
and-comment procedures are impracticable, unnecessary, or contrary to
the public interest, the agency may issue a rule without providing
notice and an opportunity for comment. The FLRA has determined that
there is good cause for dispensing with an opportunity for comment,
inasmuch as this rule merely conforms the text in the Code of Federal
Regulations to the requirements of the District Court's decision.
Additionally, the FLRA finds that providing notice and an
opportunity to comment is unnecessary because the FLRA is simply
conducting the ministerial task of implementing the final judgment of
the District Court.
Further, the FLRA finds good cause to make the revisions
immediately effective under Sec. 553(d)(3) of the Administrative
Procedure Act. See id. 553(d)(3). Section 553(d)(3) provides that final
rules shall not become effective until 30 days after publication in the
Federal Register, ``except . . . as otherwise provided by the agency
for good cause,'' among other exceptions. Id. The purpose of this
provision is to ``give affected parties a reasonable time to adjust
their behavior before the final rule takes effect.'' Omnipoint Corp. v.
FCC, 78 F.3d 620, 630 (D.C. Cir. 1996). The FLRA has determined that
there is good cause for making this final rule effective immediately
because it merely implements the District Court's decision that already
vacated the Interim Final Rule (except for minor or technical changes).
Accordingly, this final rule is effective immediately upon publication.
E.O. 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 E.O.
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 final rule was drafted and reviewed in accordance with E.O.
12866 and E.O. 13563. OMB has determined that this final rule is not a
``significant regulatory action'' as defined in section 3(f)(1) of E.O.
12866.
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. The
[[Page 65442]]
FLRA must adopt this final rule to comply with a court decision and
does not anticipate any new incremental costs associated with the rule.
Regulatory Flexibility Act Certification
Pursuant to Sec. 605(b) of the Regulatory Flexibility Act, 5
U.S.C. 605(b), the Chairman of the FLRA has determined that this final
rule will not have a significant impact on a substantial number of
small entities, because this final rule applies only to federal
agencies, federal employees, and labor organizations representing those
employees.
E.O. 13132, Federalism
The FLRA is an independent regulatory agency, and as such, is not
subject to the requirements of E.O. 13132.
This final rule 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 final rule does not have sufficient federalism implications to
warrant preparation of a federalism assessment.
E.O. 12988, Civil Justice Reform
This final rule meets the applicable standard set forth in section
3(a) and (b)(2) of E.O. 12988.
E.O. 13175, Consultation and Coordination With Indian Tribal
Governments
This final rule 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.
E.O. 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 final rule does not impose a criminal
regulatory penalty and is thus exempt from E.O. 14924's requirements.
Unfunded Mandates Reform Act of 1995
This final rule 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 Sec. 804 of the
Small Business Regulatory Enforcement Fairness Act of 1996. This final
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
5 CFR Part 2421
Administrative practice and procedure, Federal employees, Federal
Labor Relations Authority, Labor management relations.
5 CFR Part 2422
Administrative practice and procedure, Federal employees, Labor
management relations, Representation proceedings.
5 CFR Part 2426
Administrative practice and procedure, Federal employees, Labor
management relations.
5 CFR Part 2429
Administrative practice and procedure, Federal employees, Labor
management relations.
For the reasons stated in the preamble, the Federal Labor Relations
Authority amends 5 CFR parts 2421, 2422, 2426, and 2429 as follows:
PART 2421--MEANING OF TERMS AS USED IN THIS SUBCHAPTER
0
1. The authority citation for part 2421 continues to read as follows:
Authority: 3 U.S.C. 431; 5 U.S.C. 7134.
0
2. Revise Sec. 2421.6 to read as follows:
Sec. 2421.6 Regional Director.
Regional Director means the Director of a region of the Authority
with geographical boundaries as fixed by the Authority.
0
3. Revise Sec. 2421.20 to read as follows:
Sec. 2421.20 Election agreement.
Election agreement means an agreement under part 2422 of this
subchapter signed by all the parties, and approved by the Regional
Director, concerning the details and procedures of a representation
election in an appropriate unit.
Sec. 2421.23 [Removed]
0
4. Remove Sec. 2421.23.
PART 2422--REPRESENTATION PROCEEDINGS
0
5. The authority citation for part 2422 continues to read as follows:
Authority: 3 U.S.C. 431; 5 U.S.C. 7134.
0
6. Revise Sec. 2422.4 to read as follows:
Sec. 2422.4 What service requirements must you meet when filing a
petition?
You must serve every petition, motion, brief, request, challenge,
written objection, or application for review on all parties affected by
issues raised in the filing. The service must include all supporting
documentation, with the exceptions of a showing of interest, evidence
supporting challenges to the validity of a showing of interest, and
evidence supporting objections to an election. You must submit a
statement of service to the Regional Director.
0
7. Amend Sec. 2422.7 by revising paragraph (a) to read as follows:
Sec. 2422.7 Will an activity or agency post a notice of filing of a
petition?
(a) Posting notice of petition. After you file a petition, when
appropriate, the Regional Director will direct the agency or activity
to post copies of a notice to all employees in places where notices are
normally posted for the employees affected by issues raised in the
petition and/or distribute copies of a notice in a manner by which
notices are normally distributed.
* * * * *
0
8. Amend Sec. 2422.9 by revising paragraph (b) to read as follows:
Sec. 2422.9 How is the adequacy of a showing of interest determined?
* * * * *
(b) Regional Director investigation of showing of interest and
Decision and Order. The Regional Director will conduct an investigation
if deemed appropriate. A Regional Director's determination that the
showing of
[[Page 65443]]
interest is adequate is final and binding and not subject to collateral
attack at a representation hearing or on appeal to the Authority. If
the Regional Director determines that a showing of interest is
inadequate, the Regional Director will issue a Decision and Order
dismissing the petition, or denying a request for intervention.
0
9. Amend Sec. 2422.10 by revising paragraphs (b) and (e) to read as
follows:
Sec. 2422.10 How do you challenge the validity of a showing of
interest?
* * * * *
(b) Validity challenge. The Regional Director or any party may
challenge the validity of a showing of interest.
* * * * *
(e) Regional Director investigation and Decision and Order. The
Regional Director will conduct an investigation if deemed appropriate.
The Regional Director's determination that a showing of interest is
valid is final and binding and is not subject to collateral attack or
appeal to the Authority. If the Regional Director finds that the
showing of interest is not valid, the Regional Director will issue a
Decision and Order dismissing the petition or denying the request to
intervene.
0
10. Amend Sec. 2422.12 by revising the section heading and paragraphs
(a) through (e), (g), and (h) to read as follows:
Sec. 2422.12 What circumstances does the Region consider to determine
whether your petition is timely filed?
(a) Election bar. Where there is no certified exclusive
representative, a petition seeking an election will not be considered
timely if filed within twelve (12) months of a valid election involving
the same unit or a subdivision of the same unit.
(b) Certification bar. Where there is a certified exclusive
representative of employees, a petition seeking an election will not be
considered timely if filed within twelve (12) months after the
certification of the exclusive representative of the employees in an
appropriate unit. If a collective bargaining agreement covering the
claimed unit is pending agency head review under 5 U.S.C. 7114(c) or is
in effect, paragraph (c), (d), or (e) of this section applies.
(c) Bar during 5 U.S.C. 7114(c) agency head review. A petition
seeking an election will not be considered timely if filed during the
period of agency head review under 5 U.S.C. 7114(c). This bar expires
upon either the passage of thirty (30) days absent agency head action,
or upon the date of any timely agency head action.
(d) Contract bar where the contract is for three (3) years or less.
Where a collective bargaining agreement is in effect covering the
claimed unit and has a term of three (3) years or less from the date it
became effective, a petition seeking an election will be considered
timely if filed not more than one hundred and five (105) and not less
than sixty (60) days before the expiration of the agreement.
(e) Contract bar where the contract is for more than three (3)
years. Where a collective bargaining agreement is in effect covering
the claimed unit and has a term of more than three (3) years from the
date on which it became effective, a petition seeking an election will
be considered timely if filed not more than one hundred and five (105)
and not less than sixty (60) days before the expiration of the initial
three (3) year period, and any time after the expiration of the initial
three (3) year period.
* * * * *
(g) Premature extension. Where a collective bargaining agreement
with a term of three (3) years or less has been extended before sixty
(60) days before its expiration date, the extension will not serve as a
basis for dismissal of a petition seeking an election filed in
accordance with this section.
(h) Contract requirements. Collective bargaining agreements,
including agreements that go into effect under 5 U.S.C. 7114(c) and
those that automatically renew without further action by the parties,
are not a bar to a petition seeking an election under this section
unless a clear effective date, renewal date where applicable, duration,
and termination date are ascertainable from the agreement and relevant
accompanying documentation.
0
11. Revise Sec. 2422.13 to read as follows:
Sec. 2422.13 How are issues raised by your petition resolved?
(a) Meetings before filing a representation petition. All parties
affected by the representation issues that may be raised in a petition
are encouraged to meet before the filing of the petition to discuss
their interests and narrow and resolve the issues. If requested by all
parties, a representative of the appropriate Regional Office will
participate in these meetings.
(b) Meetings to narrow and resolve the issues after the petition is
filed. The Regional Director may require all affected parties to meet
to narrow and resolve the issues raised in the petition.
0
12. Amend Sec. 2422.14 by revising the section heading and paragraphs
(a) and (b) to read as follows:
Sec. 2422.14 What is the effect of your withdrawal or the Regional
Director's dismissal of a petition?
(a) Withdrawal/dismissal less than sixty (60) days before contract
expiration. (1) If you withdraw a timely filed petition seeking an
election, or the Regional Director dismisses the petition less than
sixty (60) days before the existing agreement between the incumbent
exclusive representative and the agency or activity expires, or any
time after the agreement expires, another petition that seeks an
election will not be considered timely if filed within a ninety (90)
day period beginning with either:
(i) The date on which the Regional Director approves the
withdrawal; or
(ii) The date on which the Regional Director dismisses the petition
when the Authority does not receive an application for review; or
(iii) The date on which the Authority rules on an application for
review.
(2) Other pending petitions that have been timely filed under this
part will continue to be processed.
(b) Withdrawal by petitioner. If you submit a withdrawal request
for a petition seeking an election that the Regional Director receives
after the notice of hearing issues or after approval of an election
agreement, whichever occurs first, you will be barred from filing
another petition seeking an election for the same unit or any
subdivision of the unit for six (6) months from the date on which the
Regional Director approves the withdrawal.
* * * * *
0
13. Revise Sec. 2422.15 to read as follows:
Sec. 2422.15 Do parties have a duty to provide information and
cooperate after a petition is filed?
(a) Relevant information. After you file a petition, all parties
must, upon request of the Regional Director, provide the Regional
Director and serve all parties affected by issues raised in the
petition with information concerning parties, issues, and agreements
raised in or affected by the petition.
(b) Inclusions and exclusions. After you file a petition seeking an
election, the Regional Director may direct the agency or activity to
provide the Regional Director and all parties affected by issues raised
in the petition with a current alphabetized list of employees and job
classifications included in and/or excluded from the existing or
claimed unit affected by issues raised in the petition.
(c) Cooperation. All parties are required to cooperate in every
aspect of
[[Page 65444]]
the representation process. This obligation includes cooperating fully
with the Regional Director, submitting all required and requested
information, and participating in prehearing conferences and hearings.
The Regional Director may take appropriate action, including dismissal
of the petition or denial of intervention, if parties fail to cooperate
in the representation process.
0
14. Amend Sec. 2422.16 by revising the section heading and paragraphs
(b) and (c) to read as follows:
Sec. 2422.16 May parties enter into election agreements, and if they
do not, will the Regional Director direct an election?
* * * * *
(b) Regional Director directed election. If the parties are unable
to agree on procedural matters, specifically, the eligibility period,
method of election, dates, hours, or locations of the election, the
Regional Director will decide election procedures and issue a Direction
of Election, without prejudice to the rights of a party to file
objections to the procedural conduct of the election.
(c) Opportunity for a hearing. Before directing an election, the
Regional Director must provide affected parties an opportunity for a
hearing on non-procedural matters, and then may:
(1) Issue a Decision and Order; or
(2) If there are no questions regarding unit appropriateness, issue
a Direction of Election without a Decision and Order.
* * * * *
0
15. Amend Sec. 2422.17 by revising the section heading and paragraphs
(a) and (b), and adding paragraph (d) to read as follows:
Sec. 2422.17 What are a notice of hearing and prehearing conference?
(a) Purpose of notice of a hearing. The Regional Director may issue
a notice of hearing involving any issues raised in the petition.
(b) Contents. The notice of hearing will advise affected parties
about the hearing. The Regional Director will also notify affected
parties of the issues raised in the petition and establish a date for
the prehearing conference.
* * * * *
(d) No interlocutory appeal of hearing determination. A party may
not appeal to the Authority a Regional Director's determination of
whether to issue a notice of hearing.
0
16. Amend Sec. 2422.18 by revising paragraphs (c) and (d) to read as
follows:
Sec. 2422.18 What is the purpose of a representation hearing and what
procedures are followed?
* * * * *
(c) Hearing officer. The Regional Director appoints a hearing
officer to conduct a hearing. Another hearing officer may be
substituted for the presiding Hearing Officer at any time.
(d) Transcript. An official reporter will make the official
transcript of the hearing. Copies of the official transcript may be
examined in the appropriate Regional Office during normal working
hours. Parties should contact the official hearing reporter to purchase
copies of the official transcript.
0
17. Revise Sec. 2422.19 to read as follows:
Sec. 2422.19 When is it appropriate for a party to file a motion at a
representation hearing?
(a) Purpose of a motion. After the Regional Director issues a
Notice of Hearing in a representation proceeding, a party who seeks a
ruling, an order, or relief must do so by filing or raising a motion
stating the order or relief sought and the grounds in support. The
Regional Director or Hearing Officer may treat challenges and other
filings referenced in other sections of this subpart as a motion.
(b) Prehearing motions. Parties must file prehearing motions in
writing with the Regional Director. Any response must be filed with the
Regional Director within five (5) days after service of the motion. The
Regional Director may rule on the motion or refer the motion to the
Hearing Officer.
(c) Motions made at the hearing. During the hearing, parties may
make oral motions on the record to the Hearing Officer unless required
to be in writing. Responses may be oral on the record or in writing,
but must be provided before the hearing closes, absent permission of
the Hearing Officer. When appropriate, the Hearing Officer will rule on
motions made at the hearing or referred to the Hearing Officer by the
Regional Director.
(d) Posthearing motions. Parties must file motions made after the
hearing closes in writing with the Regional Director. Any response to a
posthearing motion must be filed with the Regional Director within five
(5) days after service of the motion.
0
18. Amend Sec. 2422.20 by revising paragraph (d) to read as follows:
Sec. 2422.20 What rights do parties have at a hearing?
* * * * *
(d) Briefs. A party will be given an opportunity to file a brief
with the Regional Director.
(1) A party must file an original and two (2) copies of a brief
with the Regional Director within thirty (30) days from the close of
the hearing.
(2) No later than five (5) days before the date the brief is due a
party must file and the Regional Director must receive a written
request for an extension of time to file a brief.
(3) Absent the Regional Director's permission, parties may not file
a reply brief.
0
19. Revise Sec. 2422.21 to read as follows:
Sec. 2422.21 What are the duties and powers of the Hearing Officer?
(a) Duties of the Hearing Officer. The Hearing Officer receives
evidence and inquires fully into the relevant and material facts
concerning the matters that are the subject of the hearing. The Hearing
Officer may make recommendations on the record to the Regional
Director.
(b) Powers of the Hearing Officer. After the Regional Director
assigns a case to a Hearing Officer and before the close of the
hearing, the Hearing Officer may take any action necessary to schedule,
conduct, continue, control, and regulate the hearing, including ruling
on motions when appropriate.
0
20. Amend Sec. 2422.23 by revising paragraphs (a) through (c) and (e)
through (h) to read as follows:
Sec. 2422.23 What election procedures are followed?
(a) Regional Director conducts or supervises election. The Regional
Director will decide to either conduct or supervise the election. In
supervised elections, agencies will perform all acts as specified in
the Election Agreement or Direction of Election.
(b) Notice of election. Before the election the activity posts a
notice of election, prepared by the Regional Director. The notice is
posted in places where notices to employees are customarily posted and/
or distributed in a manner by which notices are normally distributed.
The notice of election contains the details and procedures of the
election, including the appropriate unit, the eligibility period, the
date(s), hour(s), and location(s) of the election, a sample ballot, and
the effect of the vote.
(c) Sample ballot. The reproduction of any document that claims to
be a copy of the official ballot and that suggests either directly or
indirectly to employees that the Authority endorses a particular choice
in the election may constitute grounds for setting aside an
[[Page 65445]]
election if objections are filed under Sec. 2422.26.
* * * * *
(e) Intervenor withdraws from ballot. When two or more labor
organizations are included as choices in an election, an intervening
labor organization may, before the approval of an election agreement or
before the direction of an election, file a written request with the
Regional Director to remove its name from the ballot. If the Regional
Director does not receive the request before the approval of an
election agreement or before the direction of an election, the
intervening labor organization will remain on the ballot, unless the
parties and the Regional Director agree otherwise. The Regional
Director's decision on the request is final, and no party may file an
application for review with the Authority.
(f) Incumbent withdrawal from ballot in an election to decertify an
incumbent representative. When there is no intervening labor
organization, an election to decertify an incumbent exclusive
representative is not held if the incumbent provides the Regional
Director with a written disclaimer of any representation interest in
the unit. When there is an intervenor, an election is held if the
intervening labor organization proffers a thirty percent (30%) showing
of interest within the time period established by the Regional
Director.
(g) Petitioner withdraws from ballot in an election. When there is
no intervening labor organization, an election is not held if the
petitioner provides the Regional Director with a written request to
withdraw the petition. When there is an intervenor, an election is held
if the intervening labor organization presents a thirty percent (30%)
showing of interest within the time period established by the Regional
Director.
(h) Observers. Subject to the Regional Director's approval, all
parties may select representatives to observe at the polling
location(s).
(1) A party who wants to name observers must file a written request
with specific names with the Regional Director. This request must be
filed at least fifteen (15) days before an election. The Regional
Director may grant an extension of time to file a request for named
observers for good cause where a party requests an extension or on the
Regional Director's own motion. The request must name and identify the
observers requested.
(2) An agency or activity may use as its observers any employees
who are not eligible to vote in the election, except:
(i) Supervisors or management officials;
(ii) Employees who have any official connection with any of the
labor organizations involved; or
(iii) Non-employees of the Federal government.
(3) A labor organization may use as its observers any employees
eligible to vote in the election, except:
(i) Employees on leave without pay status who are working for the
labor organization involved; or
(ii) Employees who hold an elected office in the labor
organization.
(4) Within five (5) days after service of the request for
observers, any party that objects must file an objection with the
Regional Director that states the reasons.
(5) The Regional Director's ruling on requests for and objections
to observers is final and binding, and parties may not file an
application for review with the Authority.
0
21. Revise Sec. 2422.24 to read as follows:
Sec. 2422.24 What are challenged ballots?
(a) Filing challenges. A party or the Regional Director may, for
good cause, challenge the eligibility of any person to participate in
the election.
(b) Challenged ballot procedure. An individual whose eligibility to
vote is in dispute will be given the opportunity to vote a challenged
ballot. If the parties and the Region are unable to resolve the
challenged ballot(s) before the tally of ballots, the Region will
impound and preserve the unresolved challenged ballot(s) until the
Regional Director makes a determination, if necessary.
0
22. Amend Sec. 2422.25 by revising the section heading and paragraphs
(a) and (b) to read as follows:
Sec. 2422.25 When does the Region tally the ballots?
(a) Tallying the ballots. When the election is concluded, the
Regional Director will tally the ballots.
(b) Service of the tally. When the tally is completed, the Regional
Director will serve the tally of ballots on the parties in accordance
with the election agreement or direction of election.
* * * * *
0
23. Amend Sec. 2422.26 by revising paragraph (a) to read as follows:
Sec. 2422.26 How are objections to the election processed?
(a) Filing objections to the election. Any party may file
objections to the procedural conduct of the election or to conduct that
may have improperly affected the results of the election. A party must
file an objection and the Regional Director must receive it within five
(5) days after the tally of ballots has been served. Any objections
must be timely regardless of whether the challenged ballots are
sufficient in number to affect the results of the election. The
objections must be supported by clear and concise reasons. A party must
file an original and two (2) copies of the objections.
* * * * *
0
24. Amend Sec. 2422.27 by revising the section heading and paragraphs
(a) and (c), and adding paragraphs (d) and (e) to read as follows:
Sec. 2422.27 How does the Region address determinative challenged
ballots and objections?
(a) Investigation. The Regional Director investigates objections
and/or determinative challenged ballots that are sufficient in number
to affect the results of the election.
* * * * *
(c) Regional Director action. After investigation, the Regional
Director takes appropriate action consistent with Sec. 2422.30.
(d) Consolidated hearing on objections and/or determinative
challenged ballots and an unfair labor practice hearing. When
appropriate, and under Sec. 2422.33, a Regional Director may
consolidate objections and/or determinative challenged ballots with an
unfair labor practice hearing. An Administrative Law Judge conducts
these consolidated hearings, except the following provisions do not
apply:
(1) Sections 2423.18 and 2423.19(j) of this subchapter concerning
the burden of proof and settlement conferences are not applicable;
(2) The Administrative Law Judge may not recommend remedial action
to be taken or notices to be posted as provided by Sec. 2423.26(a) of
this subchapter.
(e) Party exceptions filed with the Authority. A party may file
exceptions and related submissions with the Authority, and the
Authority then issues a decision under part 2423 of this chapter.
0
25. Amend Sec. 2422.28 by revising paragraph (a) to read as follows:
Sec. 2422.28 When is a runoff election required?
(a) When a runoff may be held. A runoff election is required in an
election involving at least three (3) choices, one of which is ``no
union'' or ``neither,'' when no choice receives a majority of the valid
ballots cast. However, a runoff may not be held until the Regional
Director has ruled on objections to the
[[Page 65446]]
election and determinative challenged ballots.
* * * * *
0
26. Revise Sec. 2422.29 to read as follows:
Sec. 2422.29 How does the Region address an inconclusive election?
(a) Inconclusive elections. An inconclusive election is one where
challenged ballots are not sufficient to affect the outcome of the
election and one of the following occurs:
(1) The ballot provides for at least three (3) choices, one of
which is ``no union'' or ``neither,'' and the votes are equally
divided; or
(2) The ballot provides for at least three (3) choices, the choice
receiving the highest number of votes does not receive a majority, and
at least two other choices receive the next highest and same number of
votes; or
(3) When a runoff ballot provides for a choice between two labor
organizations and results in the votes being equally divided; or
(4) When the Regional Director determines that there have been
significant procedural irregularities.
(b) Eligibility to vote in a rerun election. The Region uses the
latest payroll period to determine eligibility to vote in a rerun
election.
(c) Ballot. If the Regional Director determines that the election
is inconclusive, the election will be rerun with all the choices that
appeared on the original ballot.
(d) Number of reruns. There will be only one rerun of an
inconclusive election. If the rerun results in another inconclusive
election, the tally of ballots will show a majority of valid ballots
has not been cast for any choice, and the Regional Director will issue
a certification of results. If necessary, a runoff may be held when an
original election is rerun.
0
27. Revise Sec. 2422.30 to read as follows:
Sec. 2422.30 When does a Regional Director investigate a petition,
issue notices of hearings, take actions, and issue Decisions and
Orders?
(a) Regional Director investigation. The Regional Director will
investigate the petition and any other matter as the Regional Director
deems necessary.
(b) Regional Director notice of hearing. The Regional Director will
issue a notice of hearing to inquire into any matter about which a
material issue of fact exists, and any time there is reasonable cause
to believe a question exists regarding unit appropriateness.
(c) Regional Director action. After investigation or hearing, the
Regional Director can direct an election, or approve an election
agreement, or issue a Decision and Order.
(d) Appeal of Regional Director Decision and Order. A party may
file with the Authority an application for review of a Regional
Director Decision and Order.
(e) Contents of the Record. When there has not been a hearing all
material submitted to and considered by the Regional Director during
the investigation becomes a part of the record. When a hearing has been
held, the transcript and all material entered into evidence, including
any posthearing briefs, become a part of the record.
0
28. Add Sec. 2422.31 to read as follows:
Sec. 2422.31 When do you file an application for review of a Regional
Director Decision and Order?
(a) Filing an application for review. A party must file an
application for review with the Authority within sixty (60) days of the
Regional Director's Decision and Order. The sixty (60) day time limit
under 5 U.S.C. 7105(f) may not be extended or waived. The filing party
must serve a copy on the Regional Director and all other parties, and
must also file a statement of service with the Authority.
(b) Contents. An application for review must be sufficient for the
Authority to rule on the application without looking at the record.
However, the Authority may, in its discretion, examine the record in
evaluating the application. An application must specify the matters and
rulings to which exception(s) is taken, include a summary of evidence
relating to any issue raised in the application, and make specific
references to page citations in the transcript if a hearing was held.
An application may not raise any issue or rely on any facts not timely
presented to the Hearing Officer or Regional Director.
(c) Review. The Authority may grant an application for review only
when the application demonstrates that review is warranted on one or
more of the following grounds:
(1) The decision raises an issue for which there is an absence of
precedent;
(2) Established law or policy warrants reconsideration; or,
(3) There is a genuine issue over whether the Regional Director
has:
(i) Failed to apply established law;
(ii) Committed a prejudicial procedural error; or
(iii) Committed a clear and prejudicial error concerning a
substantial factual matter.
(d) Opposition. A party may file with the Authority an opposition
to an application for review within ten (10) days after the party is
served with the application. The opposing party must serve a copy on
the Regional Director and all other parties, and must also file a
statement of service with the Authority.
(e) Regional Director Decision and Order becomes the Authority's
action. A Decision and Order of a Regional Director becomes the action
of the Authority when:
(1) No party 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) A party files a timely application for review with the
Authority and the Authority does not undertake to grant review of the
Regional Director's Decision and Order within sixty (60) days of the
filing of the application; or
(3) The Authority denies an application for review of the Regional
Director's Decision and Order.
(f) Authority grant of review and stay. The Authority may rule on
the issue(s) in an application for review in its order granting the
application for review. Neither filing nor granting an application for
review will stay any action ordered by the Regional Director unless
specifically ordered by the Authority.
(g) Briefs if review is granted. If the Authority does not rule on
the issue(s) in the application for review in its order granting
review, the Authority may, in its discretion, give the parties an
opportunity to file briefs. The briefs will be limited to the issue(s)
referenced in the Authority's order granting review.
0
29. Revise Sec. 2422.32 to read as follows:
Sec. 2422.32 When does a Regional Director issue a certification or a
revocation of certification?
(a) Certifications. The Regional Director issues an appropriate
certification when:
(1) After an election, runoff, or rerun:
(i) No party files an objection or challenged ballots are not
determinative; or
(ii) The Region decides and resolves objections and determinative
challenged ballots; or
(2) The Regional Director issues a Decision and Order requiring a
certification and the Decision and Order becomes the action of the
Authority under Sec. 2422.31(e) or the Authority directs the issuance
of a certification.
(b) Revocations. Without prejudice to any rights and obligations
that may exist under the Statute, the Regional Director revokes a
recognition or certification, as appropriate, and provides a written
statement of reasons when:
[[Page 65447]]
(1) An incumbent exclusive representative files, during a
representation proceeding, a disclaimer of any representational
interest in the unit; or
(2) Due to a substantial change in the character and scope of the
unit, the unit is no longer appropriate and an election is not
warranted.
0
30. Revise Sec. 2422.33 to read as follows:
Sec. 2422.33 Relief under part 2423 of this chapter.
Remedial relief that was or could have been obtained as a result of
a motion, objection, or challenge filed or raised under this subpart,
may not be the basis for similar relief under part 2423 of this
chapter. But related matters may be consolidated for hearing as noted
in Sec. 2422.27(d) of this subpart.
Sec. 2422.35 [Removed]
0
31. Remove Sec. 2422.35.
PART 2426--NATIONAL CONSULTATION RIGHTS AND CONSULTATION RIGHTS ON
GOVERNMENT-WIDE RULES OR REGULATIONS
0
32. The authority citation for part 2426 continues to read as follows:
Authority: 5 U.S.C. 7134.
0
33. Amend Sec. 2426.2 by revising paragraph (b) to read as follows:
Sec. 2426.2 Requests; petition and procedures for determination of
eligibility for national consultation rights.
* * * * *
(b) Issues relating to a labor organization's eligibility for, or
continuation of, national consultation rights shall be referred to the
Authority for determination as follows:
(1) A petition for determination of the eligibility of a labor
organization for national consultation rights under criteria set forth
in Sec. 2426.1 may be filed by a labor organization.
(2) A petition for determination of eligibility for national
consultation rights shall be submitted on a form prescribed by the
Authority and shall set forth the following information:
(i) Name and affiliation, if any, of the petitioner and its
address, telephone number, and email address;
(ii) A statement that the petitioner has submitted to the agency or
the primary national subdivision and to the Assistant Secretary a
roster of its officers and representatives, a copy of its constitution
and bylaws, and a statement of its objectives;
(iii) A declaration by the person signing the petition, under the
penalties of the Criminal Code (18 U.S.C. 1001), that its contents are
true and correct to the best of such person's knowledge and belief;
(iv) The signature of the petitioner's representative, including
such person's title, telephone number, and email address;
(v) The name, address, telephone number, and email address of the
agency or primary national subdivision in which the petitioner seeks to
obtain or retain national consultation rights, and the persons to
contact and their titles, if known;
(vi) A showing that petitioner holds adequate exclusive recognition
as required by Sec. 2426.1; and
(vii) A statement as appropriate:
(A) That such showing has been made to and rejected by the agency
or primary national subdivision, together with a statement of the
reasons for rejection, if any, offered by that agency or primary
national subdivision;
(B) That the agency or primary national subdivision has served
notice of its intent to terminate existing national consultation
rights, together with a statement of the reasons for termination; or
(C) That the agency or primary national subdivision has failed to
respond in writing to a request for national consultation rights made
under paragraph (a) of this section within fifteen (15) days after the
date the request is served on the agency or primary national
subdivision.
(3) The following regulations govern petitions filed under this
section: (i) A petition for determination of eligibility for national
consultation rights shall be filed with the Regional Director for the
region wherein the headquarters of the agency or the agency's primary
national subdivision is located.
(ii) A statement of any other relevant facts and of all
correspondence shall be filed.
(iii) Copies of the petition together with the attachments referred
to in paragraph (b)(3)(ii) of this section shall be served by the
petitioner on all known interested parties, and a written statement of
such service shall be filed with the Regional Director.
(iv) A petition shall be filed within thirty (30) days after the
service of written notice by the agency or primary national subdivision
of its refusal to accord national consultation rights pursuant to a
request under paragraph (a) of this section or its intention to
terminate existing national consultation rights. If an agency or a
primary national subdivision fails to respond in writing to a request
for national consultation rights made under paragraph (a) of this
section within fifteen (15) days after the date the request is served
on the agency or primary national subdivision, a petition shall be
filed within thirty (30) days after the expiration of such fifteen (15)
day period.
(v) If an agency or primary national subdivision wishes to
terminate national consultation rights, notice of its intention to do
so shall include a statement of its reasons and shall be served not
less than thirty (30) days prior to the intended termination date. A
labor organization, after receiving such notice, may file a petition
within the time period prescribed herein, and thereby cause to be
stayed further action by the agency or primary national subdivision
pending disposition of the petition. If no petition has been filed
within the provided time period, an agency or primary national
subdivision may terminate national consultation rights.
(vi) Within fifteen (15) days after the receipt of a copy of the
petition, the agency or primary national subdivision shall file a
response thereto with the Regional Director raising any matter which is
relevant to the petition.
(vii) The Regional Director shall make such investigations as the
Regional Director deems necessary and thereafter shall issue and serve
on the parties a Decision and Order with respect to the eligibility for
national consultation rights which shall be final: Provided, however,
That an application for review of the Regional Director's Decision and
Order may be filed with the Authority in accordance with the procedure
set forth in Sec. 2422.17 of this subchapter. A determination by the
Regional Director to issue a notice of hearing shall not be subject to
the filing of an application for review. The Regional Director, if
appropriate, may cause a notice of hearing to be issued to all
interested parties where substantial factual issues exist warranting a
hearing. Hearings shall be conducted by a Hearing Officer in accordance
with Sec. Sec. 2422.9 through 2422.15 of this subchapter and after the
close of the hearing a Decision and Order shall be issued by the
Regional Director in accordance with Sec. 2422.16 of this subchapter.
0
34. Amend Sec. 2426.12 by revising paragraph (b) to read as follows:
Sec. 2426.12 Requests; petition and procedures for determination of
eligibility for consultation rights on Government-wide rules or
regulations.
* * * * *
(b) Issues relating to a labor organization's eligibility for, or
continuation of, consultation rights on Government-wide rules or
regulations
[[Page 65448]]
shall be referred to the Authority for determination as follows:
(1) A petition for determination of the eligibility of a labor
organization for consultation rights under criteria set forth in Sec.
2426.11 may be filed by a labor organization.
(2) A petition for determination of eligibility for consultation
rights shall be submitted on a form prescribed by the Authority and
shall set forth the following information:
(i) Name and affiliation, if any, of the petitioner and its
address, telephone number, and email address;
(ii) A statement that the petitioner has submitted to the agency
and to the Assistant Secretary a roster of its officers and
representatives, a copy of its constitution and bylaws, and a statement
of its objectives;
(iii) A declaration by the person signing the petition, under the
penalties of the Criminal Code (18 U.S.C. 1001), that its contents are
true and correct to the best of such person's knowledge and belief;
(iv) The signature of the petitioner's representative, including
such person's title, telephone number, and email address;
(v) The name, address, telephone number, and email address of the
agency in which the petitioner seeks to obtain or retain consultation
rights on Government-wide rules or regulations, and the persons to
contact and their titles, if known;
(vi) A showing that petitioner meets the criteria as required by
Sec. 2426.11; and
(vii) A statement, as appropriate:
(A) That such showing has been made to and rejected by the agency,
together with a statement of the reasons for rejection, if any, offered
by that agency;
(B) That the agency has served notice of its intent to terminate
existing consultation rights on Government-wide rules or regulations,
together with a statement of the reasons for termination; or
(C) That the agency has failed to respond in writing to a request
for consultation rights on Government-wide rules or regulations made
under Sec. 2426.12(a) within fifteen (15) days after the date the
request is served on the agency.
(3) The following regulations govern petitions filed under this
section:
(i) A petition for determination of eligibility for consultation
rights on Government-wide rules or regulations shall be filed with the
Regional Director for the region wherein the headquarters of the agency
is located.
(ii) A statement of any other relevant facts and of all
correspondence shall be filed.
(iii) Copies of the petition together with the attachments referred
to in paragraph (b)(3)(ii) of this section shall be served by the
petitioner on the agency, and a written statement of such service shall
be filed with the Regional Director.
(iv) A petition shall be filed within thirty (30) days after the
service of written notice by the agency of its refusal to accord
consultation rights on Government-wide rules or regulations pursuant to
a request under Sec. 2426.12(a) or its intention to terminate such
existing consultation rights. If an agency fails to respond in writing
to a request for consultation rights on Government-wide rules or
regulations made under Sec. 2426.12(a) within fifteen (15) days after
the date the request is served on the agency, a petition shall be filed
within thirty (30) days after the expiration of such fifteen (15) day
period.
(v) If an agency wishes to terminate consultation rights on
Government-wide rules or regulations, notice of its intention to do so
shall be served not less than thirty (30) days prior to the intended
termination date. A labor organization, after receiving such notice,
may file a petition within the time period prescribed herein, and
thereby cause to be stayed further action by the agency pending
disposition of the petition. If no petition has been filed within the
provided time period, an agency may terminate such consultation rights.
(vi) Within fifteen (15) days after the receipt of a copy of the
petition, the agency shall file a response thereto with the Regional
Director raising any matter which is relevant to the petition.
(vii) The Regional Director shall make such investigation as the
Regional Director deems necessary and thereafter shall issue and serve
on the parties a Decision and Order with respect to the eligibility for
consultation rights which shall be final: Provided, however, That an
application for review of the Regional Director's Decision and Order
may be filed with the Authority in accordance with the procedure set
forth in Sec. 2422.17 of this subchapter. A determination by the
Regional Director to issue a notice of hearing shall not be subject to
the filing of an application for review. The Regional Director, if
appropriate, may cause a notice of hearing to be issued where
substantial factual issues exist warranting a hearing. Hearings shall
be conducted by a Hearing Officer in accordance with Sec. Sec. 2422.9
through 2422.15 of this chapter and after the close of the hearing a
Decision and Order shall be issued by the Regional Director in
accordance with Sec. 2422.16 of this subchapter.
Subpart C [Removed]
0
35. Remove Subpart C, consisting of Sec. 2426.21.
PART 2429--MISCELLANEOUS AND GENERAL REQUIREMENTS
0
36. 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
37. Revise Sec. 2429.2 to read as follows:
Sec. 2429.2 Transfer and consolidation of cases.
In any matter arising pursuant to parts 2422 and 2423 of this
subchapter, whenever it appears necessary in order to effectuate the
purposes of the Federal Service Labor-Management Relations Statute or
to avoid unnecessary costs or delay, Regional Directors may consolidate
cases within their own region or may transfer such cases to any other
region, for the purpose of investigation or consolidation with any
proceedings which may have been instituted in, or transferred to, such
region.
0
38. Revise Sec. 2429.5 to read as follows:
Sec. 2429.5 Matters not previously presented; official notice.
The Authority will not consider any evidence, factual assertions,
arguments (including affirmative defenses), requested remedies, or
challenges to an awarded remedy that could have been, but were not,
presented in the proceedings before the Regional Director, Hearing
Officer, Administrative Law Judge, or arbitrator. The Authority may,
however, take official notice of such matters as would be proper.
0
39. Amend Sec. 2429.12 by revising paragraph (a) to read as follows:
Sec. 2429.12 Service of process and papers by the Authority.
(a) Methods of service. Notices of hearings, decisions and orders
of Regional Directors, decisions and recommended orders of
Administrative Law Judges, decisions of the Authority, complaints,
amended complaints, withdrawals of complaints, written rulings on
motions, and all other papers required by this subchapter to be issued
by the Authority, the General Counsel, Regional Directors, Hearing
Officers, Administrative Law Judges, and Regional Directors when not
acting as a party under part 2423 of this subchapter, shall be served
personally,
[[Page 65449]]
by first-class mail, by facsimile transmission, by certified mail, or,
as described below with respect to documents issued by the Authority,
by electronic mail (hereinafter, ``email''). Where facsimile equipment
is available, rulings on motions; information pertaining to prehearing
disclosure, conferences, orders, or hearing dates, and locations;
information pertaining to subpoenas; and other similar or time
sensitive matters may be served by facsimile transmission. Where a
party using the FLRA's eFiling system has consented to electronic
service of documents issued by the Authority in a particular case, the
Authority shall serve documents on that party exclusively by email to
the email address provided by the party.
* * * * *
0
40. Amend Sec. 2429.22 by revising paragraph (c) 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.
* * * * *
(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.
* * * * *
0
41. Amend Sec. 2429.24 by revising paragraphs (f)(1) and (2) to read
as follows:
Sec. 2429.24 Place and method of filing; acknowledgement.
* * * * *
(f) * * *
(1) Applications for review under 5 CFR 2422.31(a) through (c);
(2) Oppositions to applications for review under 5 CFR 2422.31(d);
* * * * *
By the Authority,
Rebecca J. Osborne,
Deputy Solicitor.
[FR Doc. 2026-21078 Filed 10-14-26; 8:45 am]
BILLING CODE 7627-01-P
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</html>Indexed from Federal Register on October 15, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.