Department of the Army, Rock Island Arsenal, Illinois and Federal Fire Fighters Association, Local 5 (Authority decision, November 30, 1984)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority dismissing a representation petition under the contract bar rule. An aggrieved person may seek review in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a).

Plain-English summary

The Federal Fire Fighters Association sought to represent firefighters and fire inspection employees at Rock Island Arsenal. The Army pointed to an existing three-year agreement with another firefighters union. The Authority found that the petition had been filed while that agreement had been in force less than three years and outside the statutory open period. It dismissed the petition as untimely without deciding the requested unit's merits.

Decision snapshot

• Authority: Contract bar and filing window under 5 U.S.C. § 7111(f)(3).
• Outcome: Representation petition dismissed as untimely.
• Key point: An existing agreement barred the petition outside the statute's filing window.

Full text (FLRA public release)

[ v16 p627 ]

16:0627(91)RO

The decision of the Authority follows:

16 FLRA No. 91

DEPARTMENT OF THE ARMY, ROCK ISLAND
ARSENAL, ROCK ISLAND, ILLINOIS
Activity

and

LOCAL 5, FEDERAL FIRE FIGHTERS
ASSOCIATION
Petitioner /1/

Case No. 5-RO-30014

DECISION AND ORDER

Upon a petition duly filed with the Federal Labor Relations Authority under section 7111(b)(1) of the Federal Service Labor-Management Relations Statute (the Statute), a hearing was held before a hearing officer of the Authority. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.

Upon the entire record in this case, including the contentions of the parties, the Authority finds: The Petitioner, Local 5, Federal Fire Fighters Association (Petitioner), seeks to represent a unit of firefighters and fire inspection employees employed by the Activity. The Activity asserts that the petition is untimely filed under the provisions of section 7111(f)(3) of the Statute /2/ and should therefore be dismissed. In this regard, the Activity notes the existence of a negotiated agreement between itself and IAFF Local F-5, which became effective February 16, 1982, for a term of three years. The Authority concludes, based on the circumstances noted above, that the petition herein must be dismissed as untimely filed. Thus, as noted above, the petition was filed at a time when the current collective bargaining agreement had been in effect less than 3 years, and was not filed during the "open period" provided for in section 7111(f)(3)(B) of the Statute.

ORDER

IT IS ORDERED that the petition in Case No. 5-RO-30014 be, and it hereby is, dismissed. Issued, Washington, D.C., November 30, 1984 Henry B. Frazier III, Acting Chairman Ronald W. Haughton, Member FEDERAL LABOR RELATIONS AUTHORITY

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

/1/ At the hearing, the Petitioner moved to deny the International Association of Fire Fighters, AFL-CIO (IAFF) Intervenor status. The hearing officer referred this matter to the Authority for decision. Pursuant to section 2422.5 of the Authority's Rules and Regulations, the Petitioner's motion is granted.

/2/ Section 7111(f)(3) provides:

Sec. 7111. Exclusive recognition of labor organizations

(f) Exclusive recognition shall not be accorded to a labor organization--

(3) if there is then in effect a lawful written collective bargaining agreement between the agency involved and an exclusive representative (other than the labor organization seeking exclusive recognition) covering any employees included in the unit specified in the petition, unless--

(A) the collective bargaining agreement has been in effect for more than 3 years, or

(B) the petition for exclusive recognition is filed not more than 105 days and not less than 60 days before the expiration date of the collective bargaining agreement(.)