[Federal Register Volume 67, Number 230 (Friday, November 29, 2002)]
[Notices]
[Pages 71175-71176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30313]


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FEDERAL LABOR RELATIONS AUTHORITY

[FLRA Docket No. WA-RP-90035]


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

AGENCY: Federal Labor Relations Authority.

ACTION: Notice of the opportunity to file briefs as amici curiae in a 
proceeding before the Federal Labor Relations Authority in which the 
Authority is determining whether certain employees who perform security 
work should be excluded from a bargaining unit on the ground that this 
work ``directly affects national security'' within the meaning of 5 
U.S.C. 7112(b)(6).

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SUMMARY: The Federal Labor Relations Authority provides an opportunity 
for all interested persons to file briefs as amici curiae on a 
significant issue in a case pending before the Authority. The Authority 
is considering the case pursuant to its responsibilities under the 
Federal Service Labor-Management Relations Statute, 5 U.S.C. 7101-7135 
(the Statute) and its regulations, 5 CFR part 2422. The issue concerns 
the bargaining unit eligibility of employees performing security work.

DATES: Briefs submitted in response to this notice will be considered 
if received by mail or personal delivery in the Authority's Case 
Control Office by 5 p.m. on December 30, 2002. Placing submissions in 
the mail by this deadline

[[Page 71176]]

will not be sufficient. Extensions of time to submit briefs will not 
granted.
    Format: All briefs shall be captioned ``Social Security 
Administration, Baltimore, Maryland, Case No. WA-RP-90035.'' 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 Social Security Administration, 
Baltimore, Maryland, Case No. WA-RP-90035 are Cathy Six, Agency 
Representative, Office of Labor-Management and Employee Relations, 
Social Security Administration, 6401 Security Boulevard, Room G-F-10, 
WHR, Baltimore, MD 21235-6401; Michael J. Snider, Union Representative, 
AFGE, Local 1923. Room 1-J-21, Operations Building 6401 Security 
Boulevard, Baltimore, MD 21235; Barbara S. Liggett, Acting Regional 
Director, Federal Labor Relations Authority, 800 K Street, NW., Suite 
910, Washington, DC 20001.

ADDRESSES: Mail or deliver briefs to Gail D. Reinhart, Director, Case 
Control Office, Federal Labor Relations Authority, 607 14th St. 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 November 1, 2002, in 58 FLRA No. 42, the 
Authority granted, in part, an application for review of the Acting 
Regional Director's Decision and Order in Social Security 
Administration, Baltimore, Maryland. A summary of the case follows. 
Copies of the Authority's complete decision may be obtained by 
telephoning Gail D. Reinhart at the number listed above.

A. Background

    American Federation of Government Employees, AFL-CIO (Union), filed 
a petition seeking to clarify the bargaining unit to include certain 
employees of the Social Security Administration, Baltimore, MD (the 
Agency) who work as Physical Security Specialists and Electronics 
Technicians. During the processing of this petition, the Agency 
asserted that the employees should be excluded from the bargaining unit 
under section 7112(b)(6) of the Statute. The employees develop and 
implement security operation procedures for the Agency's facilities. 
Section 7112(b)(6) provides, as relevant here, that a bargaining unit 
is not appropriate if it includes any employee engaged in ``security 
work which directly affects national security[.]''

B. The Acting Regional Director's Decision

    The Acting Regional Director determined that the disputed positions 
were not excluded from the proposed unit under section 7112(b)(6) of 
the Statute because, although the employees were engaged in ``security 
work'' within the meaning of section 7112(b)(6) of the Statute, the 
security work performed by them does not ``directly affect[] national 
security'' within the meaning of section 7112(b)(6) of the Statute. 
Therefore, she concluded that the employees in the disputed positions 
were not excluded from the bargaining unit.

C. The Application for Review

    The Agency filed the application for review, contending that review 
of the Acting Regional Director's decision is warranted under 5 CFR 
2422.31(c), because the decision raises an issue for which there is an 
absence of precedent.

D. Question on Which Briefs Are Solicited

    In Social Security Administration, Baltimore, Maryland, the 
Authority granted the application for review under 5 CFR 2422.31(c) and 
directed the parties to file briefs addressing whether, and how, the 
security work performed by the incumbents of the (1) Physical Security 
Specialist, GS-080-11 (Position Description 8B349); (2) 
Physical Security Specialist, GS-080-11 (Position Description 
8B356); and (3) Electronics Technician, GS-856-11 positions 
``directly affects national security'' as that phrase is defined in 
Dep't of Energy, Oak Ridge Operations, Oak Ridge, Tenn., 4 FLRA 644, 
655-56 (1980). (To better comport with the terms of the Statute, this 
question is slightly modified from the questions asked in the original 
decision.)
    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 this 
question.

    Dated: November 25, 2002.

    For the Authority.
Gail D. Reinhart,
Director, Case Control Office.
[FR Doc. 02-30313 Filed 11-27-02; 8:45 am]
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