[Federal Register Volume 61, Number 56 (Thursday, March 21, 1996)]
[Notices]
[Pages 11638-11639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6843]



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FEDERAL LABOR RELATIONS AUTHORITY


Federal Employees; Criteria To Be Applied in Determining Whether 
To Transfer Employees From One Collective Bargaining Unit to Another 
When Both Affected Labor Organizations Agree on the Transfer

AGENCY: Federal Labor Relations Authority.

ACTION: Notice of opportunity to file briefs as amici curiae in a 
proceeding before the Federal Labor Relations Authority in which the 
Authority is determining whether to grant a petition seeking to 
transfer employees from one established collective bargaining unit to 
another.

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SUMMARY: The Federal Labor Relations Authority provides an opportunity 
for all interested persons to file briefs as amici curiae on 
significant issues arising in a case pending before the Authority. The 
Authority is considering this case pursuant to its responsibilities 
under the Federal Service Labor-Management Relations Statute, 5 U.S.C. 
7101-7135 (1988) and its regulations set forth at 5 CFR part 2422 
(1994). The issues concern the criteria to be applied to determine 
whether to grant a petition seeking to transfer employees from one 
established, nationwide, consolidated collective bargaining unit to 
another such unit when the exclusive representatives of both units 
agree on the transfer.

DATES: Briefs submitted in response to this notice will be considered 
if filed by close of business on April 19, 1996. Extensions of time 
will not be granted. The date of filing shall be determined by the date 
of mailing, as indicated by the postmark date. If no postmark date is 
evident on the mailing, it shall be presumed to have been mailed 5 days 
prior to receipt. If filing is by personal delivery, it shall be 
considered filed on the date it is received by the Authority.

ADDRESSES: Mail or deliver briefs to James H. Adams, Acting Director, 
Case Control Office, Federal Labor Relations Authority, 607 14th 
Street, NW., Suite 415, Washington, DC 20424-0001.

FORMAT: All briefs shall be captioned ``National Association of 
Government Employees/Service Employees International Union, Local 5000 
and Service Employees International Union and U.S. Department of 
Veterans Affairs, No. WA-AC-50071, Amicus Brief'' and shall contain 
separate, numbered headings for each issue discussed. Parties must 
submit an original and four (4) copies of each amicus brief, with any 
enclosures, on 8\1/2\  x  11 inch paper.

FOR FURTHER INFORMATION CONTACT: James H. Adams, Acting Director, Case 
Control Office, Federal Labor Relations Authority, 607 14th Street, 
NW., Suite 415, Washington, DC 20424-0001, Telephone: FTS or Commercial 
(202) 482-6540.

SUPPLEMENTARY INFORMATION: On March 15, 1996, the Authority granted, in 
part, an application for review of the Regional Director's Decision and 
Order in National Association of Government Employees/Service Employees 
International Union, Local 5000 and Service Employees International 
Union and U.S. Department of Veterans Affairs, No. WA-AC-50071. A copy 
of the decision may be obtained in the Authority's Case Control Office 
at the aforementioned address; a copy will be forwarded (by mail or 
facsimile) to any person who so requests by contacting James H. Adams 
at the same address. A brief summary of the case follows.
    The petition in this case, which was filed jointly by the National 
Association of Government Employees/Service Employees International 
Union, Local 5000 (NAGE/SEIU or NAGE) and the Service Employees 
International Union (SEIU), seeks an amendment of certification to 
transfer employees from a bargaining unit for which SEIU is the 
exclusive representative to a unit for which NAGE is the exclusive 
representative. The Agency maintained a ``neutral position'' regarding 
the petition in proceedings before the RD, and filed no submissions 
with the Authority.
    In 1978, the National Association of Government Employees was 
certified as the exclusive representative of a nationwide, consolidated 
bargaining unit composed of certain nonprofessional employees of the 
Agency. In 1982, the National Association of Government Employees 
affiliated with SEIU and became NAG/SEIU. SEIU ``has jurisdiction over 
NAGE.'' Currently, NAGE represents approximately 10,200 nonprofessional 
employees in this unit.
    Since 1980, SEIU has represented a nationwide, consolidated 
bargaining unit of other nonprofessional employees of the Agency, 
including approximately 900 employees at the Agency's Medical Center in 
San Diego, California, who are represented by SEIU Local 102. There are 
approximately 9,800 employees in SEIU's consolidated unit. SEIU, Local 
102 and the Agency's Medical Center in San Diego are parties to a 
collective bargaining agreement.
    The joint petitioners seek to ``sever'' the San Diego Medical 
Center employees from SEIU's consolidated unit and include them in 
NAGE's consolidated unit. The petition was filed after a ``special 
meeting'' was held among SEIU Local 102 members, at which the sole 
subject was the transfer of affiliation from SEIU to NAGE. All SEIU 
Local 102 members were invited to the meeting. Following a discussion 
of the issue of the transfer of affiliation, a total of five members 
voted unanimously, by secret ballot, to transfer representation from 
SEIU to NAGE.
    The RD dismissed the petition on the ground that the joint 
petitioners had failed to establish the ``unusual circumstances'' 
necessary under Authority case law to justify severance of employees 
from a bargaining.
    The Authority granted review under Sec. 2422.17(c)(1) of the 
Authority's regulations, 5 CFR 2422.17(c)(1), on the ground that there 
is an absence of precedent on the following issues:
    1. Should the facts that the joint petitioners agree that the San 
Diego employees should be severed from the SEIU unit and included in 
the NAGE unit, and/or that the agency does not oppose such agreement, 
be considered in resolving the petition in this case?
    2. If those facts are considered, what principles should be used to 
determine whether to grant the petition?
    (a) As to severance, for example, should SEIU's agreement be 
accorded the same effect as the disclaimer in Treasury? It is noted, in 
this regard, that there is no suggestion that SEIU would disclaim 
interest in representing the San Diego employees if the petition is 
dismissed.
    (b) As to accretion, for example, should the joint petitioners' 
agreement be considered dispositive in light of the Agency's neutral 
position? Are there any circumstances that would override the 
agreement? Are there any circumstances in which an election should be 
directed?

[[Page 11639]]

    The Authority directed the parties to file briefs on the foregoing 
issues as well as an issue whether, if the petition were to be granted, 
the resulting units would continue to be appropriate within the meaning 
of 5 U.S.C. 7112. As these matters are likely to be of concern to 
agencies, labor organizations, and other interested persons, the 
Authority finds it appropriate to provide for the filing of amicus 
briefs addressing these issues.

    Dated: March 18, 1996.

    For the Authority.
James H. Adams,
Acting Director, Case Control Office.
[FR Doc. 96-6843 Filed 3-20-96; 8:45 am]
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