UNITED STATES OF AMERICA

FEDERAL LABOR RELATIONS AUTHORITY

Office of Administrative Law Judges

Washington, D.C. 20424-0001

771-444-5715, Fax: 202-482-6629

STANDING ORDER FOR SETTLEMENT JUDGE PROGRAM

All parties to pending Unfair Labor Practice (ULP) Complaints are to be advised, pursuant 

to their respective Prehearing Notice and Orders, that any party may request the Chief 

Administrative Law Judge to assign an Administrative Law Judge or other appropriate official to 

conduct settlement negotiations prior to hearing through the Settlement Judge Program pursuant 

to 5 C.F.R. § 2423.25(d). The parties are further advised that all parties will be mandated to 

participate in the Settlement Judge Program if any party voluntarily requests to use the Program.

Please be advised that, representatives of all parties to any pending ULP case in which a 

voluntary request to use the Settlement Judge Program has been submitted are HEREBY 

ORDERED to participate in good faith in the Program concerning that case, pending further orders

of the Chief Administrative Law Judge. The independent settlement official assigned to such case 

will be in contact with the designated representative of each party to schedule dates for the 

settlement negotiations. 

Parties are reminded that they shall be prepared to discuss, narrow, and resolve the issues set 

forth in the Complaint and Answer, including settlement of the case or any other matter that may 

aid in the disposition of the case. The official conducting the settlement negotiations will not 

discuss any aspect of the case with the hearing judge, and furthermore no evidence regarding 

statements, conduct, offers of settlement, and concessions made in settlement proceedings shall be 

admissible in any proceeding before the hearing judge or the Authority, except by stipulation.

No later than seven (7) days before the settlement negotiations are scheduled to begin, 

parties shall submit to the assigned settlement official at ulpso@flra.gov all relevant 

correspondence, including written settlement efforts to date. Parties may contact the settlement 

official at ulpso@flra.gov before settlement negotiation begin with questions, concerns or 

information. The settlement official shall keep all such communication confidential to the party 

submitting such information unless such party stipulates otherwise. 

Additional information regarding the Settlement Judge Program is attached hereto in

Appendix A. A copy of this Standing Order for Settlement Judge Program shall be prominently 

posted upon the Office of Administrative Law Judges web page for public dissemination.

SO ORDERED this 2nd day of June, 2023 in Washington, D.C. 

________________________________

DAVID L. WELCH

Chief Administrative Law Judge
APPENDIX A

FLRA ULP Settlement Judge Program

Parties who use the FLRA’s Settlement Judge Program consistently 

resolve a very high percentage of ULP cases to their mutual 

satisfaction. During a recent 18-month period, 97% settled after 

parties used the Settlement Judge Program. 

The FLRA hosts settlement negotiations online. Parties incur no cost 

and retain control of the outcome, which can be achieved in weeks rather than months 

or longer. Even if not all issues are settled, resolving some of the issues can reduce the 

challenges and risks of litigation. Once a voluntary request is received, all parties will 

be required to participate in the settlement negotiations, but no party is required to 

compromise or relinquish any issue.

REQUESTS. Any party may request to 

use the Settlement Judge Program. 

Submit requests to sjp@flra.gov or by 

U.S. Mail to:

Chief Administrative Law Judge

Office of Administrative Law 

Judges

Federal Labor Relations Authority

1400 K Street, NW

Washington, DC 20424

Submit requests as soon as possible 

after a ULP complaint is issued. 

Requests can be informal and need 

not be in the form of a motion or 

served on other parties, but it is 

often useful to notify other parties. 

HOW IT WORKS. The Chief Judge assigns a 

settlement official who is someone other than 

the Judge assigned to hear the case (unless 

all parties agree otherwise). The 

professional staff of the FLRA’s 

Collaboration and ADR Office (CADRO) most 

often serve as the Program’s settlement 

officials.

The settlement official contacts each party, 

offers to answer questions about the process

and schedules the settlement negotiations, 

which normally is two hours long and before 

prehearing disclosures are due. The 

settlement official helps discover ways to 

reach a negotiated resolution. Persons with 

full settlement authority must be present for 

each party or immediately available during 

scheduled settlement negotiations. 

ADMISSIBILITY. The settlement official does not voluntarily disclose any aspect of the 

case to anyone in- or outside of the FLRA. No statement, conduct, offer of settlement, 

or concession made in connection with the settlement negotiations is admissible in any 

proceeding before the Judge or the Authority, except by stipulation of all parties. 

(Extraordinary circumstances can result in a request for a court order to disclose 

limited confidential matters, but such an occurrence has never occurred in an FLRA 

case.)

ADDITIONAL INFORMATION can be found on the FLRA website by clicking here, by 

reviewing Program FAQs here, and by reviewing the FLRA’s regulations here. The 

assigned settlement official also can answer your questions.