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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