5 C.F.R. § 2423.12   Settlement of unfair labor practice charges after a Regional Director determination to issue a complaint but prior to issuance of a complaint.


Title 5 - Administrative Personnel


Title 5: Administrative Personnel
PART 2423—UNFAIR LABOR PRACTICE PROCEEDINGS
Subpart A—Filing, Investigating, Resolving, and Acting on Charges

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§ 2423.12   Settlement of unfair labor practice charges after a Regional Director determination to issue a complaint but prior to issuance of a complaint.

(a) Bilateral informal settlement agreement. Prior to issuing a complaint, the Regional Director may afford the Charging Party and the Charged Party a reasonable period of time to enter into an informal settlement agreement to be approved by the Regional Director. When a Charged Party complies with the terms of an informal settlement agreement approved by the Regional Director, no further action is taken in the case. If the Charged Party fails to perform its obligations under the approved informal settlement agreement, the Regional Director may institute further proceedings.

(b) Unilateral informal settlement agreement. If the Charging Party elects not to become a party to an informal settlement agreement which the Regional Director concludes effectuates the policies of the Federal Service Labor-Management Relations Statute, the agreement may be between the Charged Party and the Regional Director. The Regional Director, on behalf of the General Counsel, shall issue a letter stating the grounds for approving the settlement agreement and declining to issue a complaint. The Charging Party may obtain review of the Regional Director's action by filing an appeal with the General Counsel in accordance with §2423.11(c) and (d). The General Counsel shall take action on the appeal as set forth in §2423.11(e)–(g).

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