U.S. Department of Veterans Affairs, Martinsburg, West Virginia and Addie V. Murphy (Authority decision, December 27, 1989)

FLRA representation decision. The Authority grants review and invites briefs on whether its filing rule may bar an individual's unit clarification petition. It does not decide whether the petition may proceed. This interlocutory order does not start a judicial-review period for a final order.

Plain-English summary

Addie Murphy filed a petition to clarify a bargaining unit at the Martinsburg VA. A regional director dismissed it because the regulation allowed such petitions from an agency or recognized union, and Murphy filed as an individual. The Authority found a substantial question about whether applying that rule conflicted with the federal labor statute. It granted her request for review and invited briefs on the legal issue. It did not decide the validity of her petition or the unit question.

Decision snapshot

• Authority: Petition filing rule under 5 C.F.R. § 2422.1(d); statutory provisions under 5 U.S.C. §§ 7103(a)(1) and 7111(b)(2).
• Outcome: Application for review granted; briefs invited within 10 days.
• Key point: The Authority agreed to consider whether its rule limiting unit petitions was consistent with the statute.

Full text (FLRA public release)

[ v34 p73 ]
34:0073(17)CU

The decision of the Authority follows:

34 FLRA No. 17

FEDERAL LABOR RELATIONS
AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF VETERANS
AFFAIRS

MARTINSBURG, WEST
VIRGINIA

(Activity)

and

ADDIE V. MURPHY

(An
Individual/Petitioner)

3-CU-90007

ORDER GRANTING APPLICATION FOR
REVIEW

December 27, 1989

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 Addie V. Murphy (the Petitioner) under section 2422.17(a) of the Authority's Rules and Regulations. The Petitioner seeks review of the Regional Director's Decision and Order Dismissing Petition for Clarification of Unit.

In as much as the Authority had two vacancies when this application for review was received, Acting Chairman McKee issued an Interim Order on May 8, 1989, directing that consideration of the application be deferred until further notice. This interim order preserved the parties' rights under the Statute to Authority consideration of the Regional Director's decision.

The Authority now considers the Petitioner's application for review. For the reasons which follow, we conclude that the application should be granted.

II. Regional Director's Decision

The Regional Director found that the petition for unit clarification was not filed in accordance with section 2422.1(d) of the Authority's Rules and Regulations. Section 2422.1(d) provides that "[a] petition for clarification of an existing unit or for amendment of recognition or certification may be filed by an activity or agency or by a labor organization which is currently recognized by the activity or agency as an exclusive representative." Because the Regional Director determined that the petition was filed by an individual who was not acting on behalf of the exclusive representative, the Regional Director concluded that the petition was not filed in accordance with the Authority's Rules and Regulations and dismissed the petition.

III. Application for Review

The Petitioner contends that compelling reasons exist under section 2422.17(c) of the Authority's Rules and Regulations for the Authority to grant her application. The Petitioner asserts that "[t]here are extraordinary circumstances warranting reconsideration of the Agency policy." Application at 2.

IV. Discussion

We grant the Petitioner's application for review because compelling reasons exist within the meaning of section 2422.17(c). The Regional Director's application of section 2422.1(d) of the Authority's Rules and Regulations raises a substantial question of law, specifically, whether the application of the Authority's Rules and Regulations is consistent with sections 7111(b)(2) and 7103(a)(1) of the Federal Service Labor-Management Relations Statute (the Statute).

Pursuant to section 2422.17(g) of the Authority's Rules and Regulations, the parties may submit briefs addressing the issue of whether section 2422.1(d) of the Authority's Rules and Regulations is consistent with sections 7111(b)(2) and 7103(a)(1) of the Statute. The parties must serve copies of their briefs on each other in accordance with section 2429.27 of the Authority's Rules and Regulations. The briefs must be filed with the Authority within 10 days of the date of this Order. The briefs should be directed to:

Ms. Alicia Columna
Case Control Office
Federal
Labor Relations Authority
Room 213
500 C Street S.W.
Washington,
D.C. 20424

V. Order

The application for review of the Regional Director's Decision and Order Dismissing Petition for Clarification of Unit is granted.

FOOTNOTES:
(If blank, the decision does not
have footnotes.)