Bureau of Indian Affairs and National Council of Bureau of Indian Affairs Educators (Authority decision, February 12, 1988)

FLRA interlocutory decision. The Authority grants applications to review regional decisions concerning educator union certifications and majority support, and stays the certification amendments. The underlying representation proceeding remains open, so this order does not start a final judicial review period under 5 U.S.C. § 7123(a).

Plain-English summary

The National Council of Bureau of Indian Affairs Educators changed its affiliation from the National Education Association to the American Federation of Teachers. A regional director amended its certifications and dismissed Interior Department petitions questioning whether the council still represented a majority of employees. Interior and NEA asked the Authority to review those rulings. The Authority found compelling reasons to grant review and stayed the certification amendments while it considered the applications. It also declined to review a separate letter holding two other Interior petitions in abeyance because that letter was an interim regional action.

Decision snapshot

• Authority: Review of regional representation decisions under 5 C.F.R. § 2422.17.
• Outcome: Applications for review granted; certification amendments stayed; request to review abeyance letter dismissed.
• Key point: The Authority reopened review of the affiliation and majority support rulings without deciding their merits in this order.

Full text (FLRA public release)

[ v31 p76 ]
31:0076(13)AC

The decision of the Authority follows:

31 FLRA NO. 13

U. S. DEPARTMENT OF INTERIOR
BUREAU OF INDIAN AFFAIRS
NAVAJO AREA, GALLUP, NEW MEXICO

Activity

and

NATIONAL COUNCIL OF BUREAU OF
INDIAN AFFAIRS EDUCATORS

Petitioner

Case No. 6-AC-70006

U.S. DEPARTMENT OF INTERIOR
BUREAU OF INDIAN AFFAIRS
ALBUQUERQUE, NEW MEXICO

Activity

and

NATIONAL COUNCIL OF BUREAU OF
INDIAN AFFAIRS EDUCATORS

Petitioner

Case No. 6-AC-70005

UNITED STATES DEPARTMENT OF THE
INTERIOR, BUREAU OF INDIAN AFFAIRS
ALBUQUERQUE, NEW MEXICO

Activity

and

UNITED STATES DEPARTMENT OF THE
INTERIOR, BUREAU OF INDIAN AFFAIRS
WASHINGTON, D.C.

Petitioner

and

NATIONAL COUNCIL OF BUREAU OF
INDIAN AFFAIRS EDUCATORS/AFT

Labor Organization/Incumbent

Case No. 6-RA-70001

UNITED STATES DEPARTMENT OF THE
INTERIOR, BUREAU OF INDIAN AFFAIRS
NAVAJO AREA OFFICE
GALLUP, NEW MEXICO

Activity

and

UNITED STATES DEPARTMENT OF THE
INTERIOR, BUREAU OF INDIAN AFFAIRS
WASHINGTON, D.C.

Petitioner

and

NATIONAL COUNCIL OF BUREAU OF
INDIAN AFFAIRS EDUCATORS/AFT

Labor Organization/Incumbent

Case Nos. 6-RA-70002
6-RA-80001

ORDER GRANTING APPLICATIONS FOR REVIEW AND STAY

On December 16, 1987, the Department of Interior (DOI) filed a timely application for review pursuant to section 2422.17(a) of the Authority's Rules and Regulations seeking to set aside the Regional Director's decision in Case Nos. 6-AC-70005, 6-AC-70006, 6-RA-70001, 6-RA-70002 and 6-RA-80001. */ On December 21, 1987, the National Education Association (NEA) filed a timely application for review pursuant to section 2422.17(a) of the Authority's Rules and Regulations seeking to set aside the Regional Director's decisions in Case Nos. 6-AC-70005 and 6-AC-70006. The National Council of Bureau of Indian Affairs Educator's (NCBIAE) filed an opposition to the applications for review.

In Case Nos. 6-AC-70005 and 6-AC-70006, the Regional Director granted the NCBIAE Amendment of Certification (AC) petitions changing its affiliation from NEA to the American Federation of Teachers (AFT). In Case Nos. 6-RA-70001, 6-RA-70002 and 6-RA-80001, the Regional Director dismissed the DOI's Representative Status (RA) petitions which questioned the continued majority status of NCBIAE. The Regional Director found that there was insufficient evidence to support DOI's claim that NCBIAE no longer represents a majority of the employees in the existing units. NEA and DOI contend that compelling reasons exist within the meaning of section 2422.17(c) of the Authority's Rules and Regulations for granting the applications for review.

Upon full and complete consideration of DOI's and NEA's applications for review, we find that DOI and NEA have established that compelling reasons exist for granting the applications for review pursuant to the provisions of section 2422.17(c)(4) of the Authority's Rules and Regulations.

Accordingly, pursuant to section 2422.17(g) of our rules and regulations, we grant the applications for review of the Regional Director's decisions. We also grant a stay of the Regional Director's decisions in Case Nos. 6-AC-70005 and 6-AC-70006 ending final action regarding the applications for review.

Issued, Washington, D.C., February 12, 1988

Jerry L. Calhoun, Chairman

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY

FOOTNOTES

Footnote */ The DOI also seeks review of a letter of the Regional Director, dated December 2, 1987, in Case Nos. 6-RA-80002 and 6-RA-80003. In that letter, the Regional Director informed the DOI that he was holding those cases in abeyance pending final disposition of the petitions in Case Nos. 6-RA-70001, 6-RA-70002 and 6-RA-80001. We find that the Regional Director's letter is not a final decision for purposes of filing an application for review under section 2422.17 of the Authority's Rules and Regulations. Rather, the letter is an interlocutory action by the Regional Director in Case Nos. 6-RA-80002 and 6-RA-80003. Section 2429.11 of the Rules and Regulations provides that the Authority ordinarily will not consider interlocutory appeals and DOI has provided no persuasive reason for us to do so in this instance. Therefore, DOI's request for review of the Regional Director's letter is dismissed.