Benet Weapons Laboratory, Watervliet Arsenal; National Federation of Federal Employees, Local 2927; and National Association of Government Employees (Authority decision, June 2, 1983)

FLRA representation decision. The Authority denied review of the Regional Director's intervention ruling and returned the petition for further action. The representation proceeding remained pending. Judicial review under 5 U.S.C. § 7123(a)(2) excludes an order involving an appropriate unit determination under § 7112.

Plain-English summary

NAGE sought to intervene in an NFFE representation petition at Watervliet Arsenal. The Regional Director denied intervention as late and unsupported by the required showing of interest. The Authority found no evidence for NAGE's claims that notice was deficient or the petition had been concealed, and NAGE had not shown it represented or sought to represent the employees before its late request. It denied review and returned the petition to the Regional Director for further action.

Decision snapshot

• Authority: Representation intervention review under the Authority's petition rules.
• Outcome: Regional Director's intervention denial upheld; petition returned for further action.
• Key point: A late intervenor needed evidence of its interest and could not rely on unsupported notice claims.

Full text (FLRA public release)

[ v12 p106 ]

12:0106(29)RO

The decision of the Authority follows:

12 FLRA No. 29

BENET WEAPONS LABORATORY
WATERVLIET ARSENAL
WATERVLIET, NEW YORK
Activity

and

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 2927
Labor Organization/Petitioner

and

NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES Labor Organization

Case No. 1-RO-20007

DECISION ON REQUEST FOR REVIEW

This request for review filed by the National Association of Government Employees (NAGE) seeks reversal of the Regional Director's denial of its request for intervention in the above-named case. With respect to NAGE's first contention, the Authority notes that NAGE submitted no evidence to show that the Activity did not post copies of the notice of petition in accordance with section 2422.4(a) of the Authority's Rules and Regulations. /1/ With respect to NAGE's second contention, the Authority finds that pursuant to section 2422.4(d) of the Rules and Regulations, there was no requirement to furnish NAGE with information with regard to the petition filed by the National Federation of Federal Employees, Local 2927 since NAGE had not demonstrated that it was a known interested party. Thus, as found by the Regional Director, NAGE's request to intervene was untimely and was not supported by the requisite showing of interest under section 2422.5(a) and (c) of the Authority's Rules and Regulations. Further, NAGE has not submitted any evidence that it represented or expressly sought to represent any of the employees in the claimed unit prior to the submission of its untimely request to intervene. It follows that NAGE's third contention, involving unsupported charges of collaboration to conceal from NAGE the fact that the petition has been filed, is also without merit.

Accordingly, the request for review must be, and it hereby is, denied, and this case is hereby remanded to the Regional Director for further appropriate action. Issued, Washington, D.C., June 2, 1983 Barbara J. Mahone, Chairman Ronald W. Haughton, Member Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY

--------------- FOOTNOTES$ ---------------

/1/ Section 2422.4 provides in pertinent part:

Sec. 2422.4 Investigation of petition and posting of notice of petition; action by Regional Director.

(a) Upon the request of the Regional Director, after filing of a petition, the activity shall post copies of a notice to all employees in places where notices are normally posted affecting the employees in the unit involved in the proceeding.

. . . .

(d) The activity shall furnish the Regional Director and all known interested parties with the following:

(1) Names, addresses and telephone numbers of all labor organizations known to represent any of the employees in the claimed unit(.)