[Federal Register Volume 67, Number 198 (Friday, October 11, 2002)]
[Notices]
[Pages 63427-63428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26036]


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FEDERAL LABOR RELATIONS AUTHORITY

[FLRA Docket Nos. CH-RP-01-0033 and WA-RP-00085]


Notice of Opportunity To Submit Amicus Curiae Briefs in 
Representation Proceedings Pending Before the Federal Labor Relations 
Authority

AGENCY: Federal Labor Relations Authority.

ACTION: Notice of the opportunity to file briefs as amici curiae in two 
proceedings before the Federal Labor Relations Authority in which the 
Authority is determining the bargaining unit eligibility of employees 
performing civilian personnel work in other than a purely clerical 
capacity for fellow agency employees in bargaining units other than the 
one at issue.

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SUMMARY: The Federal Labor Relations Authority is providing an 
opportunity for all interested persons to file briefs as amici curiae 
on a significant issue in cases pending before the Authority. The 
Authority is considering the cases pursuant to its responsibilities 
under the Federal Service Labor-Management Relations Statute, 5 U.S.C. 
7101-7135 (2000) (the Statute) and its regulations, set forth at 5 CFR 
part 2422. The issue concerns the bargaining unit eligibility of 
employees performing civilian personnel work in other than a purely 
clerical capacity for fellow agency employees in bargaining units other 
than the one at issue.

DATES: Briefs submitted in response to this notice will be considered 
if received by mail, commercial delivery, or personal delivery in the 
Authority's Case Control Office by 5 p.m. on November 15, 2002. Placing 
submissions in the mail by this deadline will not be sufficient. 
Extensions of time to submit briefs will not be granted.

FORMAT: All briefs shall be captioned ``United States Department of the 
Army, North Central Civilian Personnel Operations Center, Rock Island, 
Illinois, Case No. CH-RP-01-0033 and United States Department of 
Justice, Immigration and Naturalization Service, Washington, DC, Case 
No. WA-RP-00085.'' Parties must submit five copies, one of which must 
contain an original signature, of each amicus brief, on 8\1/2\ by 11 
inch paper. Briefs must include a signed and dated statement of service 
that complies with the Authority's regulations showing service of one 
copy of the brief on all counsel of record or other designated 
representatives. 5 CFR 2429.27(a) and (c).
    The designated representatives in United States Department of the 
Army, North Central Civilian Personnel Operations Center, Rock Island, 
Illinois, Case No. CH-RP-01-0033 (North Central Civilian Personnel 
Operations Center) are: David A. Helmer, Labor Relations Officer, 
Policy and Program Development Division, Office of the Deputy Chief of 
Staff for Personnel (G-1), ATTN: DAPE-CP-PPL, 2461 Eisenhower Avenue 
(Hoffman 1, Room 152), Alexandria, VA 22331; Thomas R. Esparza, Union 
Representative, AFGE, Local 15, AFL-CIO, Rock Island Arsenal, Bldg. 
350, Room 435, Rock Island, IL 61299-6000; William E. Washington, 
Regional Director, Federal Labor Relations Authority, 55 West Monroe, 
Suite 1150, Chicago, IL 60603-9729.
    The designated representatives in United States Department of 
Justice, Immigration and Naturalization Service, Washington, DC, Case 
No. WA-RP-00085 (INS) are: Susan Dole, Agency Representative, 
Immigration and Naturalization Service, Human Resources Division, 800 K 
Street NW., Suite 5000, Washington, DC 20536; Linda Church, Union 
Representative, AFGE, Local 511, AFL-CIO, 7201 South Airport Road, 
Pembroke Pines, FL 33023; Marjorie K. Thompson, Regional Director, 
Federal Labor Relations Authority, 1244 Speer Boulevard, Suite 100, 
Denver, CO 80204-3581.

ADDRESSES: Mail or deliver briefs to Gail D. Reinhart, Director, Case 
Control Office, Federal Labor Relations Authority, 607 14th Street NW., 
Room 415, Washington, DC 20424-0001.

FOR FURTHER INFORMATION CONTACT: Gail D. Reinhart, Director, Case 
Control Office, Federal Labor Relations Authority, (202) 482-6540.

SUPPLEMENTARY INFORMATION: On August 9, 2002, in 58 FLRA No. 3, the 
Authority granted an application for review of the Regional Director's 
Decision and Order and Direction of Election in North Central Civilian 
Personnel Operations Center. In addition, on August 26, 2002, in 58 
FLRA No. 4, the Authority granted, in part, an application for review 
of the Regional Director's Decision and Order on Petition for

[[Page 63428]]

Clarification of Unit in INS. Summaries of the cases follow. Copies of 
the Authority's complete decisions may be obtained by telephoning Gail 
D. Reinhart at the number listed above.

A. Background

1. North Central Civilian Personnel Operations Center

    American Federation of Government Employees, Local 15, AFL-CIO 
(Union), filed a petition seeking an election for representation of 
certain employees of the Department of the Army, North Central Civilian 
Personnel Operations Center (Activity), located at the Rock Island, 
Illinois Arsenal. The Activity provides staffing and classification 
services to Department of the Army (Agency) employees in the Agency's 
North Central region. During the processing of this petition, the 
Activity asserted that employees who performed personnel work for 
Agency employees outside the proposed bargaining unit should be 
excluded from the proposed unit under 5 U.S.C. 7112(b)(3), which 
excludes employees engaged in personnel work in other than a purely 
clerical capacity from bargaining units.

2. INS

    American Federation of Government Employees, Local 511, AFL-CIO 
(Union), filed a petition seeking to clarify the bargaining unit to 
include certain employees of the United States Department of Justice, 
Immigration and Naturalization Service, Washington, D.C. (Activity). 
During the processing of this petition, the Activity asserted that 
employees who performed personnel work for Activity employees outside 
the bargaining unit should be excluded from the bargaining unit under 5 
U.S.C. 7112(b)(3).

B. The Regional Directors' Decisions

1. North Central Civilian Personnel Operations Center

    The Regional Director (RD) determined that the disputed positions 
were not excluded from the proposed unit under 5 U.S.C. 7112(b)(3) 
because these employees were not directly involved in performing 
personnel work affecting the proposed unit. Accordingly, the RD found 
that the inclusion of the disputed positions in the proposed unit would 
not create a conflict of interest between union representation and 
their job duties. Therefore, the RD concluded that the employees in the 
disputed positions are not engaged in personnel work within the meaning 
of 5 U.S.C. 7112(b)(3) and thus were not excluded from the proposed 
bargaining unit.

2. INS

    The RD determined that the disputed positions were excluded from 
the proposed unit under 5 U.S.C. 7122(b)(3). The RD found that the 
employees, who provide personnel services for Agency employees in 
bargaining units other than the unit in which the Union seeks to 
include them, perform internal personnel work that is directly related 
to the personnel operations of their Agency. Accordingly, the RD found 
that the inclusion of the disputed positions in the bargaining unit 
would create a conflict of interest between union representation and 
their job duties. Therefore, the RD concluded that the employees in the 
disputed positions are engaged in personnel work within the meaning of 
5 U.S.C. 7112(b)(3) and thus were excluded from the bargaining unit.

C. The Applications for Review

1. North Central Civilian Personnel Operations Center

    The Agency filed the application for review, contending that review 
of the RD's decision is warranted under 5 CFR 2422.31(c), because the 
decision raises an issue for which there is an absence of precedent and 
there is a genuine issue over whether the RD failed to apply 
established precedent.

2. INS

    The Union filed the application for review, contending that review 
of the RD's decision is warranted under 5 CFR 2422.31(c), because the 
decision raises an issue for which there is an absence of precedent and 
there is a genuine issue over whether the RD failed to apply 
established precedent.

D. Questions on Which Briefs are Solicited

    In each case, the Authority granted the application for review 
under 5 CFR 2422.31(c) and directed the parties to file briefs 
addressing the following questions:

    Section 7112(b)(3) of the Statute provides that a bargaining 
unit is not appropriate if it includes ``an employee engaged in 
personnel work in other than a purely clerical capacity.'' Does 
section 7112(b)(3) operate to exclude employees who perform 
personnel work concerning other employees of the same agency who are 
not included in the bargaining unit at issue? In this regard, does 
the term ``personnel work'' refer to personnel work of the agency or 
only to work that concerns other employees of the same bargaining 
unit?

    Because this issue is likely to be of concern to the federal sector 
labor-management relations community in general, the Authority finds it 
appropriate to provide for the filing of amicus briefs addressing these 
questions.

    Dated: October 8, 2002.

    For the Authority.
Gail D. Reinhart,
Director, Case Control Office.
[FR Doc. 02-26036 Filed 10-10-02; 8:45 am]
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