5 C.F.R. § 2424.22 Exclusive representative's petition for review; purpose; content; severance; service.
Title 5 - Administrative Personnel
(a) Purpose. The purpose of a petition for review is to initiate a negotiability proceeding and provide the agency with notice that the exclusive representative requests a decision from the Authority that a proposal or provision is within the duty to bargain or not contrary to law, respectively. As more fully explained in paragraph (b) of this section, the exclusive representative is required in the petition for review to, among other things, inform the Authority of the exact wording and meaning of the proposal or provision as well as how it is intended to operate, explain technical or unusual terms, and provide copies of materials that support the exclusive representative's position. (b) Content. A petition for review must be filed on a form provided by the Authority for that purpose, or in a substantially similar format. It must be dated and include the following: (1) The exact wording and explanation of the meaning of the proposal or provision, including an explanation of special terms or phrases, technical language, or other words that are not in common usage, as well as how the proposal or provision is intended to work; (2) Specific citation to any law, rule, regulation, section of a collective bargaining agreement, or other authority relied on by the exclusive representative in its argument or referenced in the proposal or provision, and a copy of any such material that is not easily available to the Authority; (3) A statement as to whether the proposal or provision is also involved in an unfair labor practice charge under part 2423 of this subchapter, a grievance pursuant to the parties' negotiated grievance procedure, or an impasse procedure under part 2470 of this subchapter, and whether any other petition for review has been filed concerning a proposal or provision arising from the same bargaining or the same agency head review; (4) Any request for a hearing before the Authority and the reasons supporting such request; and (5) A table of contents and a table of legal authorities cited, if the petition exceeds 25 double-spaced pages in length. (c) Severance. The exclusive representative may, but is not required to, include in the petition for review a statement as to whether it requests severance of a proposal or provision. If severance is requested in the petition for review, then the exclusive representative must support its request with an explanation of how each severed portion of the proposal or provision may stand alone, and how such severed portion would operate. The explanation and argument in support of the severed portion(s) must meet the same requirements for information set forth in paragraph (b) of this section. (d) Service. The petition for review, including all attachments, must be served in accord with §2424.2(g).
Title 5: Administrative Personnel
PART 2424—NEGOTIABILITY PROCEEDINGS
Subpart C—Filing and Responding to a Petition for Review; Conferences
§ 2424.22 Exclusive representative's petition for review; purpose; content; severance; service.
