Notice2022-15863
Notice of Opportunity To Submit Amici Curiae Briefs in a Representation Proceeding Pending Before the Federal Labor Relations Authority
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Published
July 25, 2022
Issuing agencies
Federal Labor Relations Authority
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 141 (Monday, July 25, 2022)</title>
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[Federal Register Volume 87, Number 141 (Monday, July 25, 2022)]
[Notices]
[Pages 44114-44115]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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, <a href="http://www.flra.gov">www.flra.gov</a>.
Noah Peters,
Solicitor, Federal Labor Relations Authority.
[FR Doc. 2022-15863 Filed 7-22-22; 8:45 am]
BILLING CODE 6727-01-P
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