USDA Forest Service, Intermountain Region, Challis National Forest and Forest Service Council, NFFE (Authority decision, September 19, 1986)

Final FLRA decision. The Authority denies review of the Regional Director's unit determination. Because this order involves an appropriate-unit determination under 5 U.S.C. § 7112, judicial review is excluded by 5 U.S.C. § 7123(a)(2).

Plain-English summary

The Forest Service sought review of a Regional Director's treatment of three seasonal supervisors at Challis National Forest. The Regional Director excluded them from the bargaining unit while they supervised seasonal employees but included them during the part of the year when they had no subordinates. The Authority found no compelling reason to change that approach. It denied the application for review, leaving the Regional Director's ruling in place. The agency had challenged only the seasonal supervisor finding; the other findings were final without this review.

Decision snapshot

• Authority: Application for review under 5 C.F.R. § 2422.17.
• Outcome: Review denied; the seasonal supervisor unit ruling stands.
• Key point: Seasonal supervisors may be in the unit during periods when they have no subordinates.

Full text (FLRA public release)

[ v23 p349 ]

23:0349(47)CU

The decision of the Authority follows:

23 FLRA No. 47

UNITED STATES DEPARTMENT OF AGRICULTURE
FOREST SERVICE, INTERMOUNTAIN REGION
CHALLIS NATIONAL FOREST
Activity

and

FOREST SERVICE COUNCIL
NATIONAL FEDERATION OF
FEDERAL EMPLOYEES, INDEPENDENT
Labor Organization

Case No. 9-CU-60002
9-CU-60003

ORDER DENYING APPLICATION FOR REVIEW

On July 21, 1986, the United States Department of Argiculture Forest Service, Intermountain Region, Challis National Forest (Activity) filed a timely application for review pursuant to section 2422.17(a) of the Authority's Rules and Regulations, seeking to set aside in part, the Regional Director's Decision and Order in the above-named cases. In its application for review, the Activity contends that compelling reasons exist within the meaning of section 2422.17(c) of the Authority's Rules and Regulations for granting the application.

The Regional Director, citing Department of Interior, Bureau of Land Management, District Office, Lakeview Oregon, 2 A/SLMR 515 (1972) and United States Forest Service, Salmon National Forest, Salmon, Idaho, 5 A/SLMR 586 (1975), review denied by the Federal Labor Relations Council, 4 FLRC 89, 75A-107 (1976), found that "season supervisors" should be excluded from the certified unit during the period in which they are supervising seasonal employees, but shoud be considered to be within the unit for that part of the year when they have no subordinates reporting or assigned to them.

In its application for review, the Activity contends that review should be granted based on the Regional Director's reliance on Executive Order Law and in the absence of Authority precedent since the case raises a substantial question of law or policy. Contrary to the Activity's position, the Authority finds no reason to change the long-standing policy with regard to "seasonal supervisors" established under the cited Executive Order cases.

Under consideration of the Activity's application for review, including all arguments in support thereof, the Authority concludes that no compelling reason exists for granting the application. Rather the application in essence expresses mere disagreement with the Regional Director's findings which are based on precedent and have not been shown to be clearly erroneous or to have prejudicially affected the rights of any party.

Accordingly, pursuant to section 2422.17(f)(3) of the Authority's Rules and Regulations, IT IS ORDERED that the application for review of the Regional Director's Decision and Order be, and it hereby is, denied. As the Activity's application for review only sought review of the Regional Director's findings with respect to three "seasonal supervisors," all other findings of the Regional Director are not at issue herein and are final.

Issued, Washington, D.C., September 19, 1986.
/s/ Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III, Member
/s/ Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY