Department of the Interior, Bureau of Land Management, Sacramento and Ukiah District Office, and National Federation of Federal Employees, Local 951 (Authority decision, August 28, 1997)

FLRA representation decision. The Authority grants review of a regional director's representation decision and invites briefs on whether an election is appropriate. It has not decided the election issue or completed this proceeding. This order is not presented as starting a judicial-review filing period; 5 U.S.C. § 7123(a)(2) excludes review of an order involving an appropriate-unit determination under 5 U.S.C. § 7112.

Plain-English summary

A regional director amended a bargaining-unit certification and directed an election in a case involving Bureau of Land Management offices in Sacramento and Ukiah. The agency sought review, arguing that established law or policy warranted reconsideration. The Authority granted review on whether an election was appropriate when the number of unrepresented employees was almost the same as the number already represented. It invited briefs within 21 days and did not yet decide the merits of that question.

Decision snapshot

• Authority: Representation review under 5 C.F.R. § 2422.31(c)(2).
• Outcome: Review granted; parties invited to brief the election question.
• Key point: The near-equal numbers of represented and unrepresented employees warranted further review of whether to hold an election in this successorship setting.

Full text (FLRA public release)

[ v53 p310 ]
53:0310(41)RP

The decision of the Authority follows:

53 FLRA No. 41

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

SACRAMENTO, CALIFORNIA

and

DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

UKIAH DISTRICT OFFICE

UKIAH, CALIFORNIA

(Activity/Petitioner)

and

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES

LOCAL 951

(Exclusive Representative/Labor
Organization)

SF-RP-60044

_____

ORDER GRANTING APPLICATION FOR
REVIEW

August 28, 1997

_____

Before the Authority: Phyllis N. Segal, Chair; and Donald S. Wasserman, Members.

This case is before the Authority on an application for review of the Regional Director's (RD's) decision and order amending the certification of unit and directing an election. The Activity seeks review of the RD's decision under 5 C.F.R. § 2422.31(c)(2), which provides, in pertinent part, that the Authority may grant an application for review when the application demonstrates that "[e]stablished law or policy warrants reconsideration[.]"

The Activity has established that grounds exist for granting review of the RD's decision under section 2422.31(c)(2) of the Authority's Regulations. Accordingly, we grant the application for review on the following issue:(*)

Is an election appropriate in a successorship situation when the number of unrepresented employees is almost the same as the number of represented employees?

In accordance with section 2422.31(g) of our regulations, the parties may file briefs on the issue set forth above. Briefs must be filed within 21 days of the date of this Order. Briefs should be directed to:

Peter J. Constantine
Director, Case Control Office
Federal Labor
Relations Authority
607 14th Street, N.W., 4th Floor
Washington, D.C.
20424-0001

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

*/ This issue is similar to one of
several issues set forth in 62 Fed. Reg. 32608 (June 16, 1997), in which the Authority solicited comments in another representation case. See 62 Fed. Reg. at 32610, Question 1(c).