Department of the Navy, Naval Air Station Alameda and Federal Fire Fighters Association, Local 15 and International Association of Fire Fighters, Local F-15 (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

A firefighters association petitioned to represent employees at Naval Air Station Alameda. A different firefighters union already held exclusive recognition under a three-year agreement that had taken effect less than three weeks earlier. The Authority held that the new petition fell outside the statutory filing window while that agreement was in force. It dismissed the petition as untimely without deciding which union employees preferred or what unit was appropriate.

Decision snapshot

• Authority: Contract bar and filing window under 5 U.S.C. § 7111(f)(3).
• Outcome: Representation petition dismissed as untimely.
• Key point: A rival representation petition filed shortly after a three-year agreement took effect was outside the allowed window.

Full text (FLRA public release)

[ v16 p629 ]

16:0629(92)RO

The decision of the Authority follows:

16 FLRA No. 92

DEPARTMENT OF THE NAVY
NAVAL AIR STATION ALAMEDA
ALAMEDA, CALIFORNIA
Activity

and

FEDERAL FIRE FIGHTERS ASSOCIATION,
LOCAL 15
Petitioner

and

INTERNATIONAL ASSOCIATION OF FIRE
FIGHTERS, LOCAL F-15, AFL-CIO, CLC
Intervenor

Case No. 9-RO-30016

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, Federal Fire Fighters Association, Local 15 (Petitioner), seeks to represent a unit of firefighters employed by the Activity. The Intervenor, International Association of Fire Fighters, Local F-15, AFL-CIO, CLC (Intervenor) and the Activity assert that the petition is untimely filed under the provisions of section 7111(f)(3) of the Statute /1/ and should be dismissed. In this regard they note the existence of a negotiated agreement between the Intervenor and the Activity, which became effective March 11, 1983 for a term of 3 years.

The Activity granted exclusive recognition to the "International Association of Fire Fighters, Local F-15" on February 4, 1964. Since that time, a number of collective bargaining agreements have been negotiated, the most recent of which was executed on February 12, 1983, effective March 11, 1983, for a period of 3 years from the effective date. On March 30, 1983, the Petitioner filed the subject RO petition.

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. 9-RO-30016 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/ 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(.)