You, the petitioner, may file a petition for the following purposes:

(a) Elections or eligibility for dues allotment. To request:

(1)(i) An election to determine whether employees in an appropriate unit wish to be represented for the purpose of collective bargaining by an exclusive representative, and/or

(ii) A determination of eligibility for dues allotment in an appropriate unit without an exclusive representative; or

(2) An election to determine whether employees in a unit no longer wish to be represented for the purpose of collective bargaining by an exclusive representative.

(3) Petitions under this subsection must be accompanied by an appropriate showing of interest.

(b) Clarification or amendment. To clarify, and/or amend:

(1) A recognition or certification then in effect; and/or

(2) Any other matter relating to representation.

(c) Consolidation. To consolidate two or more units, with or without an election, in an agency where a labor organization is the exclusive representative.

An individual; a labor organization; two or more labor organizations acting as a joint-petitioner; an individual acting on behalf of any employee(s); an agency or activity; or a combination of the above may file a representation petition. But,

(a) Only a labor organization may file a petition under § 2422.1(a)(1);

(b) Only an individual may file a petition under § 2422.1(a)(2); and

(c) Only an agency or a labor organization may file a petition under § 2422.1(b) or (c).

(a) You must file a petition either in writing with your signature or electronically using the eFiling system on the FLRA's Web site at www.flra.gov. Your petition must provide the following information on a form designated by the Authority, or on a substantially similar form, or electronically using the eFiling system on the FLRA's Web site at www.flra.gov:

(1) The name and mailing address for each agency or activity affected by issues raised in the petition, including street number, city, state and zip code.

(2) The name, mailing address and work telephone number, fax number and email address (if known) of the contact person for each agency or activity affected by issues raised in the petition.

(3) The name and mailing address for each labor organization affected by issues raised in the petition, including street number, city, state and zip code. If a labor organization is affiliated with a national organization, the local designation and the national affiliation should both be included. If a labor organization is an exclusive representative of any of the employees affected by issues raised in the petition, the date of the recognition or certification and the date any collective bargaining agreement covering the unit will expire or when the most recent agreement did expire should be included, if known.

(4) The name, mailing address and work telephone number, fax number and email address (if known) of the contact person for each labor organization affected by issues raised in the petition.

(5) Your name and mailing address, including street number, city, state and zip code, and fax number and email address. If you are a labor organization affiliated with a national organization, the local designation and the national affiliation should both be included.

(6) A description of the unit(s) affected by issues raised in the petition. The description should generally indicate the geographic locations and the classifications of the employees included (or sought to be included) in, and excluded (or sought to be excluded) from, the unit.

(7) The approximate number of employees in the unit(s) affected by issues raised in the petition.

(8) A clear and concise statement of the issues raised by the petition and the results the petitioner seeks.

(9) A declaration by the person signing the petition, under the penalties of the Criminal Code (18 U.S.C. 1001), that the contents of the petition are true and correct to the best of the person's knowledge and belief.

(10) The title, mailing address and telephone number of the person filing the petition.

(b) Certification of compliance with 5 U.S.C. 7111(e). A labor organization/petitioner complies with 5 U.S.C. 7111(e) by submitting to the agency or activity and to the Department of Labor a roster of its officers and representatives, a copy of its constitution and bylaws, and a statement of its objectives. By signing the petition form, the labor organization/petitioner certifies that it has submitted these documents to the activity or agency and to the Department of Labor.

(c) Showing of interest supporting a representation petition (defined at 5 CFR 2421.16). When filing a petition requiring a showing of interest, you must:

(1) So indicate on the petition form;

(2) Submit with the petition a showing of interest of not less than thirty percent (30%) of the employees in the unit involved in the petition; and

(3) Include an alphabetical list of the names constituting the showing of interest.

(d) Petition seeking dues allotment. When there is no exclusive representative, a petition seeking certification for dues allotment must be accompanied by a showing of membership in the petitioner of not less than ten percent (10%) of the employees in the unit claimed to be appropriate. An alphabetical list of names constituting the showing of membership must be submitted.

[77 FR 37752, June 25, 2012, as amended at 91 FR 13941, Mar. 24, 2026]

You must serve every petition, motion, brief, request, challenge, or written objection—as well as all supporting documentation—on all parties affected by issues raised in the filing. But the service should not include any of the following: a showing of interest; evidence supporting challenges to the validity of a showing of interest; evidence supporting objections to an election; the names of voters or attendees at an election to effectuate a merger or change in affiliation; or other evidence that would reveal the identity of an employee engaged in an election proceeding. You must submit a statement of service to the Regional Director.

[91 FR 13941, Mar. 24, 2026]

(a) Where to file. You must file a petition with the Regional Director for the region in which the unit or employee(s) affected by issues raised in the petition are located. If the unit(s) or employees are located in two or more regions of the Authority, you must file the petitions with the Regional Director for the region where the headquarters of the agency or activity is located.

(b) Method of filing. You may file a petition with the Regional Director in person or by commercial delivery, first class mail, facsimile, certified mail, or electronically through use of the eFiling system on the FLRA's Web site at www.flra.gov. If you file electronically or by facsimile transmission you are not required to file an original copy of the petition with the Region. You assume responsibility for the Regional Director's receipt of a petition.

(c) Date of filing. When a Regional Director receives a petition, it is deemed filed, subject to the following conditions. A petition received electronically or by facsimile on a business day—even if it is received outside a Region's business hours—is deemed filed on the day on which it is received (either by the Regional Office fax machine or by the eFiling system), using the local time in the Region where it is filed. A petition received electronically or by facsimile on a non-business day is deemed filed on the next business day after it is received (either by the Regional Office fax machine or by the eFiling system), using the local time in the Region where it is filed. When a Region receives a petition by any other method during its business hours, it is deemed filed that day. But when a Region receives a petition by any other method after the close of the business day, or on a non-business day, it will be deemed filed on the next business day after it is received. The business hours for each of the Regional Offices are set forth at https://www.flra.gov.

[77 FR 37752, June 25, 2012, as amended at 91 FR 13942, Mar. 24, 2026]

(a) Notification to parties. After you file a petition, the Regional Director will notify any labor organization, agency, or activity identified as being affected by issues raised by the petition, that a petition has been filed. The Regional Director will also make reasonable efforts to identify and notify any other party affected by the issues raised by the petition. However, the Regional Director's reasonable efforts do not relieve you of your own notification and service obligations.

(b) Contents of the notification. The notification will inform the labor organization, agency, or activity of:

(1) Your name (the petitioner);

(2) The description of the unit(s) or employees affected by issues raised in the petition; and,

(3) A statement that all affected parties should advise the Regional Director in writing of their interest in the issues raised in the petition.

[77 FR 37752, June 25, 2012, as amended at 91 FR 13942, Mar. 24, 2026]

(a) Posting notice of petition. After you file a petition, when appropriate, the FLRA 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.

(b) Contents of notice. The notice must advise affected employees about the petition.

(c) Duration of notice. The notice must be conspicuously posted for a period of ten (10) days and must not be altered, defaced, or covered by other material.

[77 FR 37752, June 25, 2012, as amended at 91 FR 13942, Mar. 24, 2026]

(a) Cross-petitions. A cross-petition is a petition that involves any employees in a unit covered by a pending representation petition. If you file a cross-petition, it must be filed under the requirements of this subpart.

(b) Intervention requests and cross-petitions. (1) You may file a request to intervene, along with any necessary showing of interest, with either the Regional Director or the Hearing Officer. This must be filed either in person, or by commercial delivery, first-class mail, certified mail or facsimile. You must file a request to intervene before the hearing opens, unless you show good cause for granting an extension. If no hearing is held, you must file a request to intervene before action is taken under § 2422.30.

(2) You may file a cross-petition, along with any necessary showing of interest, with either the Regional Director or the Hearing Officer. This must be filed electronically through the use of the eFiling system on the FLRA's Web site at www.flra.gov or, in person, by commercial delivery, first-class mail, certified mail or facsimile. Any cross-petition must be filed before the hearing opens, unless you show good cause for granting an extension. If no hearing is held, you must file a cross-petition before action is taken under § 2422.30.

(c) Labor organization intervention requests. Except for incumbent intervenors, a labor organization seeking to intervene must submit a statement that it has complied with 5 U.S.C. 7111(e) and one of the following:

(1) A showing of interest of ten percent (10%) or more of the employees in the unit covered by a petition seeking an election, with an alphabetical list of the names of the employees establishing the showing of interest; or

(2) A current or recently expired collective bargaining agreement covering any of the employees in the unit affected by issues raised in the petition; or

(3) Evidence that it is or was, before a reorganization, the recognized or certified exclusive representative of any of the employees affected by issues raised in the petition.

(d) Incumbent. An incumbent exclusive representative, without regard to the requirements of paragraph (c) of this section, will be considered a party in any representation proceeding raising issues that affect employees the incumbent represents, unless it serves the Regional Director with a written disclaimer of any representation interest in the claimed unit.

(e) Employing agency. An agency or activity will be considered a party if any of its employees are affected by issues raised in the petition.

(f) Agency or activity intervention. An agency or activity seeking to intervene in any representation proceeding must submit evidence that one or more employees of the agency or activity may be affected by issues raised in the petition.

(a) Adequacy. Adequacy of a showing of interest refers to the percentage of employees in the unit involved as required by §§ 2422.3(c) and (d) and 2422.8(c)(1).

(b) FLRA investigation of showing of interest and Decision and Order. The FLRA will conduct an investigation if deemed appropriate. An FLRA determination that the showing of interest is adequate is not subject to collateral or direct attack. If the FLRA determines that a showing of interest is inadequate, then the FLRA will issue a Decision and Order dismissing the petition, or denying the request to intervene.

[77 FR 37752, June 25, 2012, as amended at 91 FR 13942, Mar. 24, 2026]

(a) Validity. Validity questions are raised by challenges to a showing of interest on grounds other than adequacy.

(b) Validity challenge. The FLRA or any party may challenge the validity of a showing of interest.

(c) When and where validity challenges may be filed. Your challenges to the validity of a showing of interest must be in writing and filed with the Regional Director or the Hearing Officer before the hearing opens, unless you show good cause for granting an extension. If no hearing is held, you must file challenges to the validity of a showing of interest before action is taken under § 2422.30.

(d) Contents of validity challenges. Your challenges to the validity of a showing of interest must be supported with evidence.

(e) FLRA investigation and Decision and Order. The FLRA will conduct an investigation if deemed appropriate. An FLRA determination that a showing of interest is valid is not subject to collateral or direct attack. If the FLRA finds that the showing of interest is not valid, the FLRA will issue a Decision and Order dismissing the petition, or denying the request to intervene.

[77 FR 37752, June 25, 2012, as amended at 91 FR 13942, Mar. 24, 2026]

(a) Basis of challenge to labor organization status. Non-compliance with 5 U.S.C. 7103(a)(4) is the only basis on which you may challenge the status of a labor organization.

(b) Format and time for filing a challenge. If you file a challenge to the status of a labor organization involved in the processing of a petition you must do so in writing to the Regional Director or the Hearing Officer before the hearing opens, unless you show good cause for granting an extension. If no hearing is held, you must file challenges before action is taken under § 2422.30.

(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, including a decertification 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, including a decertification election, will not be considered timely if filed within twelve (12) months after the certification—with or without an election—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, paragraphs (c), (d), or (e) of this section apply.

(c) Bar during 5 U.S.C. 7114(c) agency head review. A petition seeking an election, including a decertification 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, including a decertification 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, including a decertification 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.

(f) Unusual circumstances. A petition seeking an election or a determination relating to representation matters may be filed at any time when unusual circumstances exist that substantially affect the unit or majority representation.

(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, including a decertification 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, including a decertification 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.

[77 FR 37752, June 25, 2012, as amended at 91 FR 13942, Mar. 24, 2026]

(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, an FLRA representative will participate in these meetings.

(b) Meetings to narrow and resolve the issues after the petition is filed. The FLRA may require all affected parties to meet to narrow and resolve the issues raised in the petition.

[91 FR 13943, Mar. 24, 2026]

(a) Withdrawal/dismissal less than sixty (60) days before contract expiration. (1) If you withdraw a timely filed petition seeking an election, including a decertification election, or the FLRA 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 from you 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 FLRA approves the withdrawal; or

(ii) The date on which the FLRA dismisses the petition.

(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, including a decertification 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 FLRA approves the withdrawal.

(c) Withdrawal by incumbent. When an election is not held because the incumbent disclaims any representation interest in a unit, an incumbent's petition seeking an election involving the same unit or a subdivision of the same unit will be considered untimely if filed within six (6) months of cancellation of the election.

[77 FR 37752, June 25, 2012, as amended at 91 FR 13943, Mar. 24, 2026]

(a) Relevant information. After you file a petition, all parties must, upon request of the FLRA, provide the FLRA 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 FLRA 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 the representation process. This obligation includes cooperating fully with the FLRA, submitting all required and requested information, and participating in prehearing conferences and hearings. The FLRA may take appropriate action, including dismissal of the petition or denial of intervention, if parties fail to cooperate in the representation process.

[91 FR 13943, Mar. 24, 2026]

(a) Election agreements. Parties are encouraged to enter into election agreements.

(b) FLRA 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 FLRA 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 FLRA will 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.

(d) Challenges or objections to a directed election. A Direction of Election issued under this section will be issued without prejudice to the right of a party to file a challenge to the eligibility of any person participating in the election and/or objections to the election.

[77 FR 37752, June 25, 2012, as amended at 91 FR 13943, Mar. 24, 2026]

(a) Purpose of a Notice of Hearing. The FLRA 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 FLRA will also notify affected parties of the issues raised in the petition and establish a date for the prehearing conference.

(c) Prehearing conference. A prehearing conference will be conducted by the Hearing Officer, either by meeting or teleconference. All parties must participate in a prehearing conference and be prepared to fully discuss, narrow, and resolve the issues set forth in the notification of the prehearing conference.

[77 FR 37752, June 25, 2012, as amended at 91 FR 13943, Mar. 24, 2026]

(a) Purpose of a hearing. Representation hearings are considered investigatory and not adversarial. The purpose of the hearing is to develop a full and complete record of relevant and material facts.

(b) Conduct of hearing. Hearings will be open to the public unless otherwise ordered by the Hearing Officer. There is no burden of proof, with the exception of proceedings on objections to elections under § 2422.27(b). Formal rules of evidence do not apply.

(c) Hearing Officer. The FLRA assigns 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 business hours. Parties should contact the official hearing reporter to purchase copies of the official transcript.

[77 FR 37752, June 25, 2012, as amended at 91 FR 13943, Mar. 24, 2026]

(a) Purpose of a motion. After the FLRA 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 ruling, order, or relief sought and the grounds in support.

(b) Prehearing motions. Parties must file prehearing motions in writing with the FLRA. Any response must be filed with the FLRA within five (5) days after service of the motion.

(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.

(d) Posthearing motions. Parties must file motions made after the hearing closes in writing with the FLRA. Any response to a posthearing motion must be filed with the FLRA within five (5) days after service of the motion.

[91 FR 13943, Mar. 24, 2026]

(a) Rights. A party at a hearing will have the right:

(1) To appear in person or by a representative;

(2) To examine and cross-examine witnesses; and

(3) To introduce into the record relevant evidence.

(b) Documentary evidence and stipulations. Parties must submit two (2) copies of documentary evidence to the Hearing Officer and copies to all other parties. Stipulations of fact between the parties may be introduced into evidence.

(c) Oral argument. Parties will have a reasonable period before the close of the hearing for oral argument. Presentation of a closing oral argument does not preclude a party from filing a brief under paragraph (d) of this section.

(d) Briefs. A party will be given an opportunity to file briefs with the FLRA.

(1) A party must file an initial brief with the FLRA within thirty (30) days from the close of the hearing.

(2) Within ten (10) days from a party's filing of an initial brief, any other party may file with the FLRA a reply brief concerning the initial brief.

(3) A request for an extension of time to file a brief must be in writing and must be received by the FLRA no later than five (5) days before the date the brief is due.

[77 FR 37752, June 25, 2012, as amended at 91 FR 13944, Mar. 24, 2026]

(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.

(b) Powers of the Hearing Officer. After the FLRA 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.

[91 FR 13944, Mar. 24, 2026]

(a) Objections. Objections are oral or written complaints concerning the conduct of a hearing.

(b) Exceptions to rulings. There are automatic exceptions to all adverse rulings.

(a) FLRA conducts or supervises election. The FLRA 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 FLRA. 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 FLRA endorses a particular choice in the election may constitute grounds for setting aside an election if objections are filed under § 2422.26.

(d) Secret ballot. All elections are by secret ballot.

(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 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 Election, the intervening labor organization will remain on the ballot, unless the parties and the FLRA agree otherwise.

(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 representational 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 FLRA.

(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 FLRA.

(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 FLRA's ruling on requests for and objections to observers is final and binding.

[77 FR 37752, June 25, 2012, as amended at 91 FR 13944, Mar. 24, 2026]

(a) Filing challenges. A party or the FLRA 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 FLRA are unable to resolve the challenged ballot(s) before the tally of ballots, then the FLRA will impound and preserve the unresolved challenged ballot(s) until the FLRA makes a determination, if necessary.

[91 FR 13944, Mar. 24, 2026]

(a) Tallying the ballots. When the election is concluded, the FLRA will tally the ballots.

(b) Service of the tally. When the tally is completed, the FLRA will serve the tally of ballots on the parties in accordance with the election agreement or direction of election.

(c) Valid ballots cast. Representation will be determined by the majority of the valid ballots cast.

[77 FR 37752, June 25, 2012, as amended at 91 FR 13944, Mar. 24, 2026]

(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.

(b) Supporting evidence. The objecting party must file evidence, including signed statements, documents, and other materials supporting the objections, with the Regional Director within ten (10) days after the party files the objections.

[77 FR 37752, June 25, 2012, as amended at 91 FR 13944, Mar. 24, 2026]

(a) Investigation. The FLRA investigates objections and/or determinative challenged ballots that are sufficient in number to affect the results of the election.

(b) Burden of proof. An objecting party bears the burden of proof on objections by a preponderance of the evidence. However, no party bears the burden of proof on challenged ballots.

(c) FLRA action. After investigation, the FLRA takes appropriate action consistent with § 2422.30.

[77 FR 37752, June 25, 2012, as amended at 91 FR 13945, Mar. 24, 2026]

(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 FLRA has ruled on objections to the election and determinative challenged ballots.

(b) Eligibility. Employees who were eligible to vote in the original election and who are also eligible on the date of the runoff election may vote in the runoff election.

(c) Ballot. The ballot in the runoff election will provide for a selection between the two choices receiving the highest and second highest number of votes in the election.

[77 FR 37752, June 25, 2012, as amended at 91 FR 13945, Mar. 24, 2026]

(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 FLRA determines that there have been significant procedural irregularities.

(b) Eligibility to vote in a rerun election. The FLRA uses the latest payroll period to determine eligibility to vote in a rerun election.

(c) Ballot. If the FLRA determines that the election is inconclusive, then 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, then the tally of ballots will show a majority of valid ballots has not been cast for any choice, and the FLRA will issue a certification of results. If necessary, a runoff may be held when an original election is rerun.

[91 FR 13945, Mar. 24, 2026]

(a) FLRA investigation. The FLRA will investigate the petition and any other matter as the FLRA deems necessary.

(b) FLRA Notice of Hearing. The FLRA 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) FLRA action. After investigation or hearing, the FLRA can direct an election, or approve an election agreement, or issue a Decision and Order.

[91 FR 13945, Mar. 24, 2026]

(a) Certifications. The FLRA 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 FLRA decides and resolves objections and determinative challenged ballots; or

(2) The FLRA issues a Decision and Order requiring a certification.

(b) Revocations. Without prejudice to any rights and obligations that may exist under the Statute, the FLRA revokes a recognition or certification, as appropriate, and provides a written statement of reasons when:

(1) An incumbent exclusive representative files, during a representation proceeding, a disclaimer of any representational interest in the unit; or

(2) A petition is filed and, 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.

[91 FR 13945, Mar. 24, 2026]

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.

[91 FR 13945, Mar. 24, 2026]

(a) Existing recognitions, agreements, and obligations under the Statute. (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.

(b) Unit status of individual employees. 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]

(a) When the Authority lacks a quorum. The Authority lacks a quorum when the Authority has one or zero Members. The provisions of this section apply to proceedings that arise when the Authority lacks a quorum, consistent with section I.C. of appendix B to 5 CFR chapter XIV.

(b) Withdrawal/dismissal of a petition less than sixty (60) days before contract expiration. (1) Instead of § 2422.14(a), this paragraph (b) applies to proceedings that arise when the Authority lacks a quorum.

(2) If you withdraw a timely filed petition seeking an election, including a decertification election, or the FLRA 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 from you 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 FLRA approves the withdrawal; or

(ii) The date on which the Authority dismisses the petition; or

(iii) The date on which the Regional Director dismisses the petition when the Authority does not receive an application for review; or

(iv) The date on which the Authority rules on an application for review.

(3) Other pending petitions that have been timely filed under this part will continue to be processed.

(c) No interlocutory appeal of hearing determination. No party may file an interlocutory appeal with the Authority concerning a Regional Director's determination of whether to issue a Notice of Hearing.

(d) Appeal of Regional Director's Decision and Order. A party may file with the Authority an application for review of a Regional Director's Decision and Order.

(e) Contents of the record for appeal. All material submitted to, and considered by, the Regional Director during an investigation becomes part of the record. In addition, when a hearing has been held, the transcript and all material entered in evidence, as well as any posthearing briefs, become part of the record.

(f) Filing an application for review. A party must file an application for review with the Authority within sixty (60) days of a 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.

(g) Contents of the application for review. 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 is taken, include a summary of evidence relating to any issue raised in the application, and cite specific pages 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.

(h) 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.

(i) 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. An opposition may not raise any issue or rely on any facts not timely presented to the Hearing Officer or Regional Director. 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.

(j) Regional Director's 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, while the Authority has a quorum, the Authority does not undertake to grant review of the Regional Director's Decision and Order within sixty (60) days; or

(3) A party files a timely application for review with the Authority and, after the Authority regains a quorum, the Authority denies an application for review of the Regional Director's Decision and Order.

(k) 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 a party filing, nor the Authority granting, an application for review will stay any action ordered by the Regional Director unless specifically ordered by the Authority.

(l) 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. A party filing such a brief must serve a copy on the Regional Director and all other parties, and must also file a statement of service with the Authority.

(m) Service of process and Regional Directors' Decisions and Orders. Decisions and Orders of Regional Directors are subject to the requirements of § 2429.12(a), (b), and (c) of this subchapter.

(n) Certifications. Instead of § 2422.32(a), this paragraph (n) applies to proceedings that arise when the Authority lacks a quorum. 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 Regional Director 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 paragraph (j) of this section; or

(3) The Authority directs the issuance of a certification.

[91 FR 13945, Mar. 24, 2026]