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e-CFR data is current as of April 23, 2015

Title 5Chapter XIVSubchapter CPart 2423Subpart D → §2423.41

Title 5: Administrative Personnel
Subpart D—Post-Transmission and Exceptions to Authority Procedures

§2423.41   Action by the Authority; compliance with Authority decisions and orders.

(a) Authority decision; no exceptions filed. In the absence of the filing of exceptions within the time limits established in §2423.40, the findings, conclusions, and recommendations in the decision of the Administrative Law Judge shall, without precedential significance, become the findings, conclusions, decision and order of the Authority, and all objections and exceptions to the rulings and decision of the Administrative Law Judge shall be deemed waived for all purposes. Failure to comply with any filing requirement established in §2423.40 may result in the information furnished being disregarded.

(b) Authority decision; exceptions filed. Whenever exceptions are filed in accordance with §2423.40, the Authority shall issue a decision affirming or reversing, in whole or in part, the decision of the Administrative Law Judge or disposing of the matter as is otherwise deemed appropriate.

(c) Authority's order. Upon finding a violation, the Authority shall, in accordance with 5 U.S.C. 7118(a)(7), issue an order directing the violator, as appropriate, to cease and desist from any unfair labor practice, or to take any other action to effectuate the purposes of the Federal Service Labor-Management Relations Statute. With regard to employees covered by 3 U.S.C. 431, upon finding a violation, the Authority's order may not include an order of reinstatement, in accordance with 3 U.S.C. 431(a).

(d) Dismissal. Upon finding no violation, the Authority shall dismiss the complaint.

(e) Report of compliance. After the Authority issues an order, the Respondent shall, within the time specified in the order, provide to the appropriate Regional Director a report regarding what compliance actions have been taken. Upon determining that the Respondent has not complied with the Authority's order, the Regional Director shall refer the case to the Authority for enforcement or take other appropriate action.

[62 FR 40916, July 31, 1997, as amended at 63 FR 46158, Aug. 31, 1998]

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