Department of the Air Force, 437th Air Base Group, Charleston Air Force Base and International Association of Fire Fighters, with American Federation of Government Employees, Local 1869 (Authority decision, December 6, 1988)

Final FLRA representation decision. The Authority states that the regional director's dismissal became its action when review was not granted within the statutory period. The petition for a separate firefighters' bargaining unit is dismissed. Because this is an appropriate-unit determination under 5 U.S.C. § 7112, 5 U.S.C. § 7123(a)(2) excludes the order from the ordinary 60-day judicial-review provision.

Plain-English summary

The International Association of Fire Fighters sought a bargaining unit for eligible Fire Department employees at the North Auxiliary Airfield in South Carolina. A regional director found that the proposed unit was not appropriate and dismissed the petition. The petitioner applied for Authority review, but the Authority did not grant it within 60 days. Under 5 U.S.C. § 7105(f), the regional director's decision became the Authority's action on December 2, 1988. The Authority's December 6 order dismissed the petition accordingly.

Decision snapshot

• Authority: Representation review under 5 U.S.C. § 7105(f) and appropriate-unit rule under § 7112.
• Outcome: Petition for a separate firefighters' unit dismissed; regional director's decision became Authority action.
• Key point: The regional decision became the Authority's action when review was not granted within 60 days.

Full text (FLRA public release)

[ v33 p839 ]
33:0839(103)RO

The decision of the Authority follows:

33 FLRA No. 103

FEDERAL LABOR RELATIONS
AUTHORITY

WASHINGTON, D.C.

DEPARTMENT OF THE AIR
FORCE

437th AIR BASE
GROUP

MILITARY AIRLIFT COMMAND
(MAC)

OPERATING LOCATION
A

CHARLESTON AIR FORCE BASE, SOUTH
CAROLINA

(Activity)

and

INTERNATIONAL ASSOCIATION OF FIRE
FIGHTERS

(Petitioner)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 1869, AFL-CIO

(Party-in-Interest)

4-RO-80006

ORDER

December 6, 1988

The Regional Director issued her Decision and Order in this case on August 5, 1988. The Regional Director dismissed the petition filed by the International Association of Fire Fighters (Petitioner). The Regional Director found that the petitioned-for unit consisting of all eligible employees of the Fire Department at the North Auxiliary Airfield, South Carolina, was not an appropriate unit within the meaning of section 7112 of the Federal Service Labor-Management Relations Statute (the Statute). The Petitioner filed a timely application for review.

The Authority did not grant review of the Regional Director's Decision and Order within the 60-day time limit prescribed in section 7105(f) of the Statute. Therefore, in accordance with section 7105(f), the Decision and Order of the Regional Director became the action of the Authority on December 2, 1988.

Accordingly, the petition is dismissed.

For the Authority.

_________
Clyde B. Blandford, Jr.

Acting Executive Director

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