[Federal Register Volume 87, Number 141 (Monday, July 25, 2022)]
[Notices]
[Pages 44114-44115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15863]


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FEDERAL LABOR RELATIONS AUTHORITY

[FLRA Docket No. AT-RP-22-0007]


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

AGENCY: Federal Labor Relations Authority.

ACTION: Notice.

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SUMMARY: The Federal Labor Relations Authority (Authority) provides an 
opportunity for all interested persons to submit briefs as amicus 
curiae on an issue arising in a case pending before the Authority. The 
issue concerns whether section 7111(f)(4) of the Federal Service Labor-
Management Relations Statute (the Statute) or Sec.  2422.12(b) of the 
Authority's Regulations apply to bar decertification petitions filed 
within twelve months after a labor organization is certified, without 
an election, as exclusive representative of a consolidated bargaining 
unit under section 7112 of the Statute. Because this issue is likely to 
be of concern to agencies, labor organizations, and other interested 
persons, the Authority finds it appropriate to provide for the filing 
of amici briefs addressing the above question.

DATES: To be considered, briefs must be received on or before August 
30, 2022.

ADDRESSES: Mail briefs to Brandon Bradley, Chief, Office of Case Intake 
and Publication, Federal Labor Relations Authority, Docket Room, Suite 
200, 1400 K Street NW, Washington, DC 20424-0001.

FOR FURTHER INFORMATION CONTACT: Brandon Bradley, Chief, Office of Case 
Intake and Publication, Federal Labor Relations Authority, (202) 218-
7740.

SUPPLEMENTARY INFORMATION: On July 19, 2022, the Authority granted an 
application for review of the Regional Director's (RD's) decision and 
order (decision) dismissing the petition in U.S. Department of the 
Interior, National Park Service, Blue Ridge Parkway, North Carolina, 
Case No. AT-RP-22-0007, 73 FLRA 120 (2022) (NPS). A summary of the case 
follows.

[[Page 44115]]

1. Background and RD's Decision

    The RD certified the American Federation of Government Employees, 
AFL-CIO, (Union) without an election, as the exclusive representative 
of a consolidated bargaining unit under section 7112(d) of the Statute. 
Later that same month, an individual (Petitioner) filed a petition 
seeking an election to decertify the Union as the exclusive 
representative of the consolidated unit (decertification petition). The 
Petitioner asserted that section 7111(f)(4) of the Statute did not bar 
the decertification petition, because the Authority had not conducted a 
secret-ballot election for the consolidated unit within the previous 
twelve months. In addition, the Petitioner argued that applying a 
certification bar to consolidations would improperly incentivize unions 
to consolidate bargaining units in order to prevent the filing of 
decertification petitions.
    The RD found that under section 7111(f)(4) of the Statute and Sec.  
2422.12(b) of the Authority's Regulations, a certification bar arises 
from a certification of a consolidated bargaining unit. Citing the 
Authority's decision in Commodity Futures Trading Commission, Eastern 
Regional Office, New York, New York, 70 FLRA 291 (2017) (CFTC), the RD 
explained that the certification bar does not apply to petitions filed 
before the issuance of a certification of a consolidated unit. However, 
because the Petitioner filed its decertification petition after the 
consolidation certification issued to the Union, the RD concluded that 
the certification bar applied.
    Based on the plain wording of Sec.  2422.12(b) of the Authority's 
Regulations, the RD determined that an election was not required to 
trigger the certification bar. In response to the Petitioner's policy 
argument, the RD found that the Statute adequately protects against 
consolidations that are undertaken to prevent the filing of 
decertification petitions.
    Based on these findings, the RD dismissed the decertification 
petition as untimely.

2. Application for Review

    In an application for review of the RD's decision, the Petitioner 
argued that the RD's decision raised an issue for which there is an 
absence of precedent: whether a certification bar applies to 
decertification petitions filed after the certification of a labor 
organization as exclusive representative of a consolidated unit. The 
Petitioner asserted that the Authority has never explicitly addressed 
whether section 7111(f)(4) of the Statute or Sec.  2422.12(b) of the 
Authority's Regulations apply to bar decertification petitions filed 
within twelve months of a certification of a consolidated bargaining 
unit under section 7112(d) of the Statute. According to the Petitioner, 
neither those statutory or regulatory provisions, nor the Authority's 
decision in CFTC, support the RD's dismissal of the decertification 
petition. Additionally, the Petitioner alleged that the Office of the 
General Counsel's Representation Case Handling Manual failed to provide 
a basis for the RD's application of the certification bar.

3. Question on Which Briefs Are Solicited

    In NPS, the Authority found that the RD's decision raised a 
question for which there is an absence of precedent. Accordingly, the 
Authority directed the parties to file briefs addressing the following 
question:

    Does section 7111(f)(4) of the Statute or Sec.  2422.12(b) of 
the Authority's Regulations apply to bar decertification petitions 
filed within twelve months after a labor organization is certified, 
without an election, as exclusive representative of a consolidated 
bargaining unit under section 7112(d) of the Statute?

    In answering that question, the parties should address any 
pertinent considerations of: (1) statutory construction; (2) 
legislative and regulatory history; (3) applicable precedent, including 
under the National Labor Relations Act; and (4) policy.
4. Required Format for Briefs
    All briefs shall be captioned ``U.S. Department of the Interior, 
National Park Service, Blue Ridge Parkway, North Carolina, Case No. AT-
RP-22-0007.'' Briefs shall contain separate headings for each issue 
covered. Interested persons must submit an original and four (4) copies 
of each amicus brief, with any enclosures, on 8\1/2\ x 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 as well as the Federal Labor Relations Authority 
Regional Director involved in this case. 5 CFR 2429.27. Accordingly, 
briefs must be served on: Nicholas P. Provenzo, Esq., c/o National 
Right to Work Legal Defense Foundation, Inc., 8001 Braddock Road, Ste. 
600, Springfield, VA 22160-2110; Cathie McQuiston, Esq., Deputy General 
Counsel, AFGE, AFL-CIO, 80 F Street NW, Washington, DC 20001; Eboni 
Speller, Regional Human Resources Specialist, Interior Region 2 Human 
Resources (ER/LR), National Park Service, Department of the Interior, 
1924 Building, 100 Alabama St. SW, Atlanta, GA 30303; and Brent 
Hudspeth, Acting Regional Director, Atlanta Regional Office, Federal 
Labor Relations Authority, 229 Peachtree Street NE, Ste. 900, 
International Tower, Atlanta, GA 30303. Interested persons may obtain 
copies of the Authority's decision granting the application for review 
in this case on the FLRA's website, www.flra.gov.

Noah Peters,
Solicitor, Federal Labor Relations Authority.
[FR Doc. 2022-15863 Filed 7-22-22; 8:45 am]
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