§ 2422.34 What are the parties' rights and obligations when a representation proceeding is pending?
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Existing recognitions, agreements, and obligations under the Statute.(a) (1) Except for the circumstances described in paragraph (a)(2) of this section, when a representation proceeding is pending before the FLRA, parties must maintain existing recognitions, follow the terms and conditions of existing collective bargaining agreements, and fulfill all other representational and bargaining responsibilities under the Statute.
(2) The filing of a motion for reconsideration or motion for a stay does not relieve parties of their obligations to comply with a final decision or order of the Authority, unless so ordered by the Authority.
Unit status of individual employees.(b) A party may take action based on its position regarding the bargaining unit status of individual employees, under 3 U.S.C. 431(d)(2), and 5 U.S.C. 7103(a)(2), 7112(b), and 7112(c), but its actions may be challenged, reviewed, and remedied where appropriate.
[91 FR 13945, Mar. 24, 2026]
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