Federal Mediation and Conciliation Service (Authority decision, September 24, 1979)

Final FLRA decision. This order ends the request for general policy guidance. It leaves the separate representation petition pending and does not decide whether the mediators form an appropriate unit. The decision does not address judicial review.

Plain-English summary

The Federal Mediation and Conciliation Service asked the Authority to say whether its mediators were barred from forming a bargaining unit because they administered federal labor law. A petition to recognize a mediator unit had already been filed. The Authority declined to issue a general policy statement because the pending representation process could decide the unit question and the issue was specific to FMCS. It denied the policy request without deciding the mediators' unit eligibility.

Decision snapshot

• Authority: 5 U.S.C. §§ 7111(b) and 7112(b)(4); 5 C.F.R. § 2427.5 (1979).
• Outcome: Request for general policy guidance denied; representation petition left pending.
• Key point: The agency-specific unit question could be resolved through the pending recognition petition.

Full text (FLRA public release)

[ v01 p1010 ]

01:1010(114)PS

The decision of the Authority follows:

1 FLRA No. 114
SEPTEMBER 24, 1979

MR. WAYNE L. HORVITZ
DIRECTOR
FEDERAL MEDIATION AND
CONCILIATION SERVICE
WASHINGTON, D.C. 20427

Re: Case No. 0-PS-7

DEAR MR. HORVITZ:

THIS IS IN FURTHER REPLY TO YOUR REQUEST FOR AN INTERPRETATION OF THE
STATUTE AND STATEMENT OF POLICY.

YOU REQUEST THE AUTHORITY TO ISSUE AN INTERPRETATION AND A STATEMENT
ON THE FOLLOWING QUESTION:

WHETHER A GROUP OF MEDIATORS EMPLOYED BY THE FEDERAL MEDIATION AND
CONCILIATION SERVICE ARE

PRECLUDED FROM BEING DETERMINED TO BE AN APPROPRIATE BARGAINING UNIT
UNDER THE EXCLUSION OF

SECTION 7112(B)(4) OF THE STATUTE BECAUSE UNDER SECTION 7119 OF THAT
LAW MEDIATORS ARE ENGAGED

IN ADMINISTERING PROVISIONS OF THE LAW.

THE AUTHORITY HAS CAREFULLY CONSIDERED THIS REQUEST AND HAS
DETERMINED THAT IT DOES NOT SATISFY THE STANDARDS GOVERNING THE ISSUANCE
OF GENERAL STATEMENTS OF POLICY AND GUIDANCE SET FORTH IN SECTION 2427.5
OF THE RULES OF THE FEDERAL LABOR RELATIONS AUTHORITY, WHICH PROVIDES IN
PERTINENT PART:

SEC. 2427.5 STANDARDS GOVERNING ISSUANCE OF GENERAL STATEMENTS OF
POLICY AND GUIDANCE.

IN DECIDING WHETHER TO ISSUE A GENERAL STATEMENT OF POLICY OR
GUIDANCE, THE AUTHORITY SHALL

CONSIDER:

(A) WHETHER THE QUESTION PRESENTED CAN MORE APPROPRIATELY BE RESOLVED
BY OTHER MEANS;

(B) WHERE OTHER MEANS ARE AVAILABLE, WHETHER AN AUTHORITY STATEMENT
WOULD PREVENT THE

PROLIFERATION OF CASES INVOLVING THE SAME OR SIMILAR QUESTION(.)

THE QUESTION RAISED IN THIS REQUEST FOR AN INTERPRETATION AND
STATEMENT OF POLICY CAN BE MORE APPROPRIATELY RESOLVED THROUGH THE
PROCEDURES SET FORTH IN THE STATUTE AND APPROPRIATE REGULATIONS FOR
DECIDING QUESTIONS RELATING TO THE APPROPRIATENESS OF UNITS. IN THIS
CONNECTION, IT SHOULD BE NOTED THAT A PETITION FOR RECOGNITION OF A
PROPOSED UNIT OF MEDIATORS EMPLOYED BY THE FEDERAL MEDIATION AND
CONCILIATION SERVICE (FMCS) HAS BEEN FILED WITH THE AUTHORITY. /1/ SUCH
PETITION SHALL BE PROCESSED PURSUANT TO SECTION 7111(B) OF THE STATUTE
AND THE REGULATIONS OF THE AUTHORITY. THE QUESTION RAISED IN THIS
REQUEST CAN BE CONSIDERED DURING THE INVESTIGATION OF THE PETITION AND,
IF APPROPRIATE, DURING A UNIT DETERMINATION HEARING.

MOREOVER, AUTHORITY ACTION ON THIS REQUEST IS NOT WARRANTED SINCE IT
WOULD NOT PREVENT THE PROLIFERATION OF CASES INVOLVING THE SAME OR
SIMILAR QUESTION. THE ISSUE RAISED BY YOUR REQUEST IS UNIQUE TO YOUR
AGENCY AND A DETERMINATION ON THAT ISSUE WOULD HAVE NO DIRECT
APPLICATION TO OTHER AGENCIES.

ACCORDINGLY, YOUR REQUEST FOR AN INTERPRETATION OF THE STATUTE AND
STATEMENT OF POLICY CANNOT BE GRANTED. /2/

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY

CC: R. G. MAYBERRY

FLRA

T. C. BUNCH, JR., ESQ.

BUNCH AND WHITE

/1/ FLRA CASE NO. 9-RO-14.

/2/ MEMBER LEON B. APPLEWHAITE DID NOT PARTICIPATE IN THE PRESENT
CASE, WHICH HAD BEEN PROCESSED PRIOR TO HIS CONFIRMATION BY THE UNITED
STATES SENATE AS A MEMBER OF THE AUTHORITY.