[Federal Register Volume 59, Number 230 (Thursday, December 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29584]


[[Page Unknown]]

[Federal Register: December 1, 1994]


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FEDERAL LABOR RELATIONS AUTHORITY

 

Delegation Order; Department of Agriculture Reorganization Act of 
1994

agency: Federal Labor Relations Authority.

action: Delegation of authority.

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summary: Section 291 of the Federal Crop Insurance Program and 
Department of Agriculture Reorganization Act of 1994 (the Act), Public 
Law 103-354, 108 Stat. 3178, 3235 (1994) assigns the Federal Labor 
Relations Authority specific responsibilities with respect to the 
certification of new or modified bargaining units resulting from 
reorganizations within the Department of Agriculture. The Act further 
permits the Authority to delegate those responsibilities to its 
Regional Directors. The order delegating these responsibilities appears 
below.

effective date: December 1, 1994.

for further information contact: David Feder, Deputy General Counsel, 
607 14th Street, NW., Suite 210, Washington, DC 20424, telephone 202-
482-6600.

Delegation Order

I. Statutory Authority

    Section 291 of the Federal Crop Insurance Program and Department of 
Agriculture Reorganization Act of 1994 (the Act), Public Law 103-354, 
108 Stat. 3178, 3235 (1994) provides, in relevant part, that:
    (a) VOLUNTARY AGREEMENT.--
    (1) IN GENERAL.--If the exercise of the Secretary [of 
Agriculture]'s authority under this title results in changes to an 
existing bargaining unit that has been certified under chapter 71 of 
title 5, United States Code, the affected parties shall attempt to 
reach a voluntary agreement on a new bargaining unit and an exclusive 
representative for such unit.
    (2) CRITERIA.--In carrying out the requirements of this subsection, 
the affected parties shall use criteria set forth in--
    (A) sections 7103(a)(4), 7111(e), 7111(f)(1), and 7120 of title 5, 
United States Code, relating to determining an exclusive 
representative; and
    (B) section 7112 of title 5, United States Code (disregarding 
subsections (b)(5) and (d) thereof), relating to determining 
appropriate units.
    (b) EFFECT OF AN AGREEMENT.--
    (1) IN GENERAL.--If the affected parties reach agreement on the 
appropriate unit and the exclusive representative for such unit under 
subsection (a), the Federal Labor Relations Authority shall certify the 
terms of such agreement, subject to paragraph (2)(A). Nothing in this 
subsection shall be considered to require the holding of any hearing or 
election as a condition for certification.
    (2) RESTRICTIONS.--
    (A) CONDITIONS REQUIRING NONCERTIFICATION.--The Federal Labor 
Relations Authority may not certify the terms of an agreement under 
paragraph (1) if--
    (i) it determines that any of the criteria referred to in 
subsection (a)(2) (disregarding section 7112(a) of title 5, United 
States Code) have not been met; or
    (ii) after the Secretary's exercise of authority and before 
certification under this section, a valid election under section 
7111(b) of title 5, United States Code, is held covering any employees 
who would be included in the unit proposed for certification.
* * * * *
    (3) DELEGATION.--
    (A) IN GENERAL.--The Federal Labor Relations Authority may delegate 
to any regional director (as referred to in section 7105(e) of title 5, 
United States Code) its authority under the preceding provisions of 
this subsection.
    (B) REVIEW.--Any action taken by a regional director under 
subparagraph (A) shall be subject to review under the provisions of 
section 7105(f) of title 5, United States Code, in the same manner as 
if such action had been taken under section 7105(e) of such title, 
except that in the case of a decision not to certify, such review shall 
be required if application therefor is filed by an affected party 
within the time specified in such provisions.
    (c) DEFINITION.--For purposes of this section, the term ``affected 
party'' means--
    (1) with respect to an exercise of authority by the Secretary under 
this title, any labor organization affected thereby; and
    (2) the Department of Agriculture.

II. Order

    In accordance with section 291(b)(3) of the Act, Regional 
Directors, who are directed and supervised by the General Counsel as 
provided by section III of the Memorandum Describing the Authority and 
Assigned Responsibilities of the General Counsel of the Federal Labor 
Relations Authority, Appendix B to 5 CFR Chapter XIV, are hereby 
delegated the authority to certify, subject to section 291(b)(2)(A) of 
the Act, the terms of voluntary agreements entered into pursuant to 
section 291(a) of the Act.
    Decisions of the Regional Directors made pursuant to this 
delegation of authority become the final and binding action of the 
Authority:
    (1) If no affected party, as defined in Section 291(c) of the Act, 
files an application for review of the Regional Director's Decision and 
Order with the Authority within sixty (60) days after the Regional 
Director's Decision and Order; or
    (2) If the Authority does not undertake to grant review of the 
Regional Director's Decision and Order to certify within sixty (60) 
days after the filing of a timely application for review.
    Pursuant to section 291(b)(3)(B) of the Act, review shall 
automatically be granted upon the timely application for review by an 
``affected party'' of any decision not to certify. All other 
applications for review of Decisions and Orders of a Regional Director 
shall be filed and processed in accordance with 5 CFR 2422.17.
    The Authority's granting of review upon the timely filing of an 
application for review of a Regional Director's Decision and Order will 
not operate as a stay of such action ordered by the Regional Director, 
unless specifically ordered by the Authority. If the Authority grants 
review, the Authority may affirm, modify, or reverse any action 
reviewed.

    Dated: November 28, 1994.

    For the Authority.
Solly Thomas,
Executive Director, Federal Labor Relations Authority.
[FR Doc. 94-29584 Filed 11-30-94; 8:45 am]
BILLING CODE 6267-01-M