Shortcuts for BALCA appeal


Motion to Remand
A motion to remand may be appropriate when the sole issue in a pending opinion has already been settled in one or more BALCA cases. Before filing the motion, 29 C.F.R. section 18.33(c)(3) requires
A written motion before hearing must state that counsel conferred, or attempted to confer, with opposing counsel in a good faith effort to resolve the motion’s subject matter, and whether the motion is opposed or unopposed.

Motion to Expedite
In limited circumstances, BALCA will process cases out of order for humanitarian reasons or other compelling circumstances. An employer can request a Motion to Expedite after completing the confer/notify requirement to OFLC as cited above.10 Matter of Sunnyvale School District provides a good example of factors considered by BALCA in considering a Motion to Expedite.

Motions for En Banc Review
While not related to the speed of adjudication, another motion to consider is a Motion for En Banc Review. BALCA en banc decisions are binding on OFLC. BALCA is currently considering changes to the procedure by which it grants requests for en banc review. The current procedures are outlined in a memo dated July 19, 2017.12 Either the employer or OFLC can request en banc review. When a request is made, BALCA informs OFLC and the PERM is reopened for the brief period of time it takes BALCA to grant or deny review. Generally, en banc review is considered to ensure uniformity in decisions or if the proceeding involves a question of exceptional importance. Presently, BALCA tends to grant en banc review in a very small number of cases

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