U.S. Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms, Boston District Office, Criminal Enforcement (Activity) and American Federation of Government Employees, AFL-CIO (Petitioner) and International Brotherhood of Police Officers (Intervenor) (Authority decision, April 4, 1980)

Final FLRA decision. The Authority dismissed this representation petition for lack of jurisdiction without determining an appropriate unit. Judicial review of final Authority orders is governed by 5 U.S.C. § 7123(a), subject to its statutory exceptions.

Plain-English summary

AFGE petitioned to represent professional and nonprofessional employees in the Boston criminal enforcement office of the Bureau of Alcohol, Tobacco and Firearms. The office argued it was outside the federal labor relations statute. The Authority found that Executive Order 12171 specifically excluded the Bureau's Office of Criminal Enforcement from the statute's coverage. It dismissed the petition for lack of jurisdiction without deciding whether the proposed bargaining unit was appropriate. This was an original petition, with no Regional Director decision under review.

Decision snapshot

• Authority: 5 U.S.C. § 7103(b); Executive Order 12171.
• Outcome: Representation petition dismissed for lack of jurisdiction.
• Key point: The named criminal enforcement office was excluded from statutory coverage.

Full text (FLRA public release)

[ v03 p31 ]

03:0031(4)RO

The decision of the Authority follows:

3 FLRA No. 4

U.S. DEPARTMENT OF THE TREASURY,
BUREAU OF ALCOHOL, TOBACCO AND FIREARMS,
BOSTON DISTRICT OFFICE, CRIMINAL ENFORCEMENT
Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
Petitioner

and

INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS
Intervenor

Case No. 1-RO-13

DECISION AND ORDER

UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
UNDER SEC 7111(B)(2) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
STATUTE, 5 U.S.C. 7101-7135, A HEARING WAS HELD BEFORE HEARING OFFICER
DANIEL F. SUTTON ON OCTOBER 17, 1979. THE AUTHORITY HAS REVIEWED THE
HEARING OFFICER'S RULINGS MADE AT THE HEARING AND FINDS THAT THEY ARE
FREE FROM PREJUDICIAL ERROR. THE RULINGS ARE HEREBY AFFIRMED.

UPON THE ENTIRE RECORD IN THIS CASE, INCLUDING BRIEFS FILED BY THE
PETITIONER AND THE ACTIVITY, THE AUTHORITY FINDS:

THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO HEREINAFTER
AFGE FILED A PETITION FOR A UNIT OF ALL PROFESSIONAL AND NONPROFESSIONAL
EMPLOYEES OF THE ACTIVITY. THE ACTIVITY CONTENDS THAT THE PETITION
SHOULD BE DISMISSED AS THE CRIMINAL ENFORCEMENT DIVISION OF THE BUREAU
OF ALCOHOL, TOBACCO AND FIREARMS WAS EXCLUDED FROM COVERAGE UNDER
EXECUTIVE ORDER 11491, AS AMENDED UNDER SEC. 3(B)(3) OF THE ORDER AND
THAT IT WILL PROBABLY BE EXCLUDED FROM COVERAGE UNDER 7103(B)(1), (A)
AND (B) OF THE STATUTE.

EXECUTIVE ORDER NO. 12171, ISSUED BY THE PRESIDENT PURSUANT TO THE
AUTHORITY CONTAINED IN 5 U.S.C. 7103(B), EXCLUDES CERTAIN AGENCIES AND
AGENCY SUBDIVISIONS FROM COVERAGE UNDER THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE ON THE BASIS THAT THEY HAVE BEEN
DETERMINED TO HAVE AS A PRIMARY FUNCTION INTELLIGENCE,
COUNTERINTELLIGENCE, INVESTIGATIVE, OR NATIONAL SECURITY WORK AND THAT
THE STATUTE CANNOT BE APPLIED TO THEM CONSISTENT WITH NATIONAL SECURITY
REQUIREMENTS. SECTION 1-203 OF THIS EXECUTIVE ORDER EXCLUDES THE OFFICE
OF CRIMINAL ENFORCEMENT, BUREAU OF ALCOHOL, TOBACCO AND FIREARMS,
DEPARTMENT OF THE TREASURY.

ACCORDINGLY, AS THE PRESIDENT HAS SPECIFICALLY EXCLUDED THE ACTIVITY
FROM THE COVERAGE OF THE STATUTE, THE AUTHORITY FINDS THAT IT IS WITHOUT
JURISDICTION IN THE PRESENT CASE, AND THAT THE PETITION MUST THEREFORE
BE DISMISSED.

ORDER

IT IS HEREBY ORDERED THAT THE PETITION IN CASE NO. 1-RO-13 BE, AND IT
HEREBY IS, DISMISSED.

ISSUED, WASHINGTON, D.C., APRIL 4, 1980

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY