FLRA Doc 1014

(Rev. 1/96)

UNITED STATES OF AMERICA

FEDERAL LABOR RELATIONS AUTHORITY

STATEMENT OF STANDARD PROCEDURES IN REPRESENTATION 

HEARINGS BEFORE HEARING OFFICERS

The hearing will be conducted by a designated Hearing Officer at the time and place specified in 

the Notice of Hearing, and in accordance with the provisions of Part 2422 of the Regulations of 

the Federal Labor Relations Authority. In regard to the hearing, the parties should be aware of 

the following:

1. PURPOSE OF HEARING: The representation case hearing is a formal proceeding that is 

part of the investigation in a representation case. Its purpose is 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. 

The purpose of a representation hearing is to develop a full and complete factual record. The 

rules of relevancy and materiality are paramount. There is no burden of proof, except in cases 

involving objections to the procedural conduct of an election or to conduct which may have 

improperly affected the outcome of an election. The technical rules of evidence do not apply.

2. DUTY OF THE HEARING OFFICER: The Hearing Officer will receive evidence, inquire 

fully into relevant and material facts concerning the matters that are the subject of the hearing, 

and may make recommendations on the record to the Regional Director.

3. PREHEARING CONFERENCE: A prehearing conference will be conducted by the 

Hearing Officer. 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. 

4. STIPULATIONS IN LIEU OF HEARINGS: Stipulations in lieu of hearings are permissible 

and encouraged in most representation matters. Section 2422.30(b) of the Regulations states that 

when the Regional Director has reasonable cause to believe a question exists regarding unit 

appropriateness, the Regional Director will issue a notice of hearing. The parties may waive a 

hearing by entering into a stipulation for the purpose of entering into an election agreement, 

subject to the Regional Director’s approval. Absent an election agreement, the parties may enter 

into a stipulation addressing all appropriate unit issues in lieu of a hearing if the stipulation 

includes a waiver of the parties’ right to a hearing.

5. PREHEARING MOTION TO POSTPONE HEARING: Unless otherwise specifically 

ordered, the hearing will be held at the date, hour, and place indicated. Postponements will not be 

granted unless good and sufficient grounds are shown and the following requirements are met: 

(a) the request must be in writing and served on the Regional Director; (b) the reasons for the 

request must be set forth in detail; (c) alternate dates for any rescheduled hearing must be 

given; (d) the positions of all other parties must be ascertained in advance by the requesting party 
FLRA Doc 1014

(Rev. 1/96)

and set forth in the request; and (e) copies must be served on all other parties and that fact must 

be noted on the request. Except under the most extraordinary circumstances, no request for 

postponement will be granted during the five (5) days immediately preceding the date of hearing.

6. PREHEARING EXCHANGE OF EXHIBITS: Any party intending to introduce 

documentary exhibits at the hearing is expected to furnish a copy of each proposed exhibit to 

each of the other parties at least five (5) days before the hearing. This will facilitate the 

expeditious development of a full record for decision by the Regional Director.

Where a copy of the exhibit is not tendered to the other parties because it was not contemplated 

prior to the opening of the hearing, a copy of the exhibit should be furnished to the other parties 

at the time it is offered in evidence.

Two (2) copies of each documentary exhibit must be submitted to the Hearing Officer at the time 

it is offered in evidence at the hearing. Objections to any exhibit should be reserved for the 

hearing when the exhibit is offered in evidence.

7. RIGHTS OF THE PARTIES: A party at a hearing will have the right to appear in person or 

by a representative; to examine and cross-examine witnesses and introduce into the record 

documentary or other relevant evidence.

8. OFFICIAL TRANSCRIPT: An official reporter makes the only official transcript of the 

proceedings, and all citations in briefs and arguments must refer to the official record. Proposed 

corrections of the transcript should be submitted, either by way of stipulation or motion, to the 

Regional Director for the Regional Director’s approval. Copies of the official transcript may be 

examined in the appropriate Regional Office during normal working hours. Requests to purchase 

copies of the official transcript should be made to the official hearing reporter.

9. OFF-THE-RECORD DISCUSSION: All matter that is spoken in the hearing room while the 

hearing is in session will be recorded by the official reporter unless the Hearing Officer 

specifically directs an off-the-record discussion. In the event that any party wishes to make 

off-the-record statements, a request to go off the record should be directed to the Hearing Officer 

and not to the official reporter. Pertinent off-the-record discussions will be summarized on the 

record.

10. MOTIONS AND OBJECTIONS: Statements of reasons in support of motions and 

objections should be specific and concise. Automatic exception will be allowed to all adverse 

rulings, and upon appropriate request, an objection or exception may be permitted to stand to an 

entire line of questioning.

11. ORAL ARGUMENT: Any party shall be entitled to a reasonable period of time prior to the 

close of the hearing for oral argument. Any oral argument will be included in the official 

transcript of the hearing. Presentation of a closing oral argument does not preclude a party from 

filing a brief (see Item 12). The Hearing Officer may also ask for a statement of position

concerning any issue in the case or theory in support thereof, if at the close of the hearing the 

Hearing Officer believes that such oral argument would be beneficial to the understanding of the 

contentions of the parties and the factual issues involved.
FLRA Doc 1014

(Rev. 1/96)

12. FILING OF BRIEFS: Any party desiring to file a brief with the Regional Director must file 

the original and two (2) copies within thirty (30) days after the close of the hearing and serve a 

copy of the brief on each of the parties. A statement of such service must be filed with the 

Regional Director.

13. REQUESTS FOR ADDITIONAL TIME TO FILE BRIEFS AFTER THE CLOSE OF 

THE HEARING: Requests for an extension of time within which to file briefs must be made to 

the Regional Director in writing and received no later than five (5) days before the date such 

briefs are due. Copies of the request for an extension must be served on all other parties, and a 

statement of service must be filed with the Regional Director.