U.S. Geological Survey, Water Resources Division, Caribbean District and American Federation of Government Employees (Authority decision, July 21, 1992)

FLRA representation decision. The Authority grants review of a regional director's representation decision and stays an election while it considers whether the proposed bargaining unit is appropriate. It has not decided that question or completed this proceeding. This order is not presented as starting a judicial-review filing period; 5 U.S.C. § 7123(a)(2) excludes review of an order involving an appropriate-unit determination under 5 U.S.C. § 7112.

Plain-English summary

A regional director found that professional and nonprofessional employees in the U.S. Geological Survey's Caribbean District formed an appropriate bargaining unit and ordered an election. The agency sought Authority review. The Authority found a compelling reason to consider whether the unit finding was supported by the record and consistent with precedent. It granted review, stayed the election pending its final action, and allowed the parties 10 days to file briefs. The Authority did not decide whether the proposed unit was appropriate.

Decision snapshot

• Authority: Appropriate unit review under 5 U.S.C. § 7112 and 5 C.F.R. § 2422.17.
• Outcome: Review granted; election stayed pending final Authority action.
• Key point: The Authority reserved the unit question for further briefing before the election could proceed.

Full text (FLRA public release)

[ v45 p595 ]

45:0595(51)RO

The decision of the Authority follows:

45 FLRA No. 51

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. GEOLOGICAL SURVEY

WATER RESOURCES DIVISION

SOUTHEASTERN REGION

CARIBBEAN DISTRICT

(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, AFL-CIO

(Petitioner/Labor Organization)

12-RO-10013

ORDER GRANTING APPLICATION FOR REVIEW

July 21, 1992

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

This case is before the Authority on an application for review filed by the Activity under section 2422.17(a) of the Authority's Rules and Regulations. The Activity seeks review of the Regional Director's decision and order finding that the petitioned-for unit of all professional and non-professional employees of the Caribbean District is appropriate within the meaning of section 7112 of the Federal Service Labor-Management Relations Statute (the Statute) and directing an election in the unit found appropriate. The Petitioner did not file an opposition to the application for review.

II. Order

We find that the Activity has established that compelling reasons exist for granting the application for review of the Regional Director's decision and order and direction of election pursuant to the provisions of section

2422.17 of the Authority's Rules and Regulations. In particular, we grant the application for review as to the following issue:

Whether the Regional Director's conclusion that the employees of the Caribbean District constitute an appropriate unit within the meaning of the Statute is supported by the record and consistent with Authority precedent.

Accordingly, we grant the application for review of the Regional Director's decision and order. We also grant a stay of the Regional Director's direction of election pending final action by the Authority in this matter. In accordance with section 2422.17(g) of our Rules and Regulations, the parties may, within 10 days after issuance of this Order, submit briefs on the issue raised by the application for review. Briefs should be directed to:

Alicia N. Columna

Director, Case Control Office

Federal Labor Relations Authority

500 C Street, SW., Room 213

Washington, D.C. 20424

FOOTNOTES:
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have footnotes.)