[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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