5 CFR § 2428.3 - Authority decision.

---
identifier: "/us/cfr/t5/s2428.3"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 2428.3 - Authority decision."
title_number: 5
title_name: "Administrative Personnel"
section_number: "2428.3"
section_name: "Authority decision."
chapter_name: "FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL"
subchapter_number: "C"
subchapter_name: "FEDERAL LABOR RELATIONS AUTHORITY AND GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY"
part_number: "2428"
part_name: "ENFORCEMENT OF ASSISTANT SECRETARY STANDARDS OF CONDUCT DECISIONS AND ORDERS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 7134."
regulatory_source: "45 FR 3516, Jan. 17, 1980, unless otherwise noted."
cfr_part: "2428"
---


# 2428.3 Authority decision.

(a) A decision and order of the Assistant Secretary shall be enforced unless it is arbitrary and capricious or based upon manifest disregard of the law.

(b) The Authority shall issue its decision on the case enforcing, enforcing as modified, refusing to enforce, or remanding the decision and order of the Assistant Secretary.