Notice of Opportunity To Submit Amici Curiae Briefs in a Representation Proceeding Pending Before the Federal Labor Relations Authority, 10151 [2014-03903]

Agencies

• Federal Labor Relations Authority

[Federal Register Volume 79, Number 36 (Monday, February 24, 2014)]
[Notices]
[Page 10151]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03903]



[[Page 10151]]

=======================================================================
-----------------------------------------------------------------------

FEDERAL LABOR RELATIONS AUTHORITY

[FLRA Docket No. WA-RP-13-0052]


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.

-----------------------------------------------------------------------

SUMMARY: The Federal Labor Relations Authority provides an opportunity 
for all interested persons to submit briefs as amici curiae on a 
significant issue 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 (the Statute), and its regulations, set forth at 5 CFR part 
2422. The issue concerns whether Sec.  7111(f)(3) of the Statute and 
Sec.  2422.12(d) of the Authority's Regulations apply to 
decertification petitions filed by individuals. As this matter 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 this question.

DATES: Briefs must be received on or before March 31, 2014.

ADDRESSES: Mail or deliver briefs to Gina K. Grippando, Chief, Case 
Intake and Publication, Federal Labor Relations Authority, Docket Room, 
Suite 200, 1400 K Street NW., Washington, DC 20424-0001.

FOR FURTHER INFORMATION CONTACT: Gina K. Grippando, Chief, Case Intake 
and Publication, Federal Labor Relations Authority, (202) 218-7740.

SUPPLEMENTARY INFORMATION: On February 18, 2014, the Authority granted 
an application for review of the Regional Director's (RD's) decision 
and order dismissing the petition in National Aeronautics & Space 
Administration, Goddard Space Flight Center, Wallops Island, Virginia, 
Case No. WA-RP-13-0052, 67 FLRA 258 (2014) (NASA) (Member DuBester 
concurring). A summary of the case follows.

1. Background and RD's Decision

    An individual (Petitioner) filed a petition for an election to 
decertify the Exclusive Representative as the labor organization 
representing certain employees. The Exclusive Representative claimed 
that the petition was untimely. In this regard, the Exclusive 
Representative argued that there was a lawful, written collective-
bargaining agreement between the Agency and the Exclusive 
Representative, and that the agreement acted as a bar to the petition 
because the Petitioner did not file the petition within the open period 
set forth in Sec.  7111(f)(3) of the Statute.
    The RD stated that, in order for a decertification petition to be 
timely under Sec.  7111(f)(3)(B) of the Statute, it must be filed not 
more than 105 days and not less than sixty days before the expiration 
of a collective-bargaining agreement. In addition, she found that Sec.  
2422.12(d) of the Authority's Regulations governs a determination as to 
whether a petition is timely.
    The RD determined that there was a collective-bargaining agreement 
between the Agency and the Exclusive Representative, and that the 
agreement expired on October 23, 2013. Based on that expiration date, 
the RD found that the open period for filing the petition ran from July 
10, 2013, the 105th day before the agreement expired, to August 26, 
2013, the 60th day before the agreement expired. The RD stated that the 
Petitioner filed his petition on June 17, 2013--outside this period--
and, therefore, that the petition was untimely. Accordingly, she 
dismissed the petition.

2. Application for Review

    The Petitioner filed an application for review of the RD's 
decision. The Petitioner argued that the Authority should grant his 
application because the RD's decision raised an issue for which there 
is an absence of precedent. Specifically, the Petitioner claimed that 
the Authority has never specifically held that the open period 
described in Sec.  7111(f)(3) of the Statute applies to decertification 
petitions filed by individuals. The Petitioner based this claim on the 
Authority's decision in 90th Regional Support Command, Little Rock, 
Arkansas, 56 FLRA 1041 (2000) (Support Command) (Chairman Wasserman 
concurring), order granting application for review vacated and 
application dismissed as moot, 57 FLRA 31 (2001).

3. Question on Which Briefs Are Solicited

    Based on Support Command, the Authority found, in NASA, that there 
is an absence of precedent as to whether Sec.  7111(f)(3) of the 
Statute and Sec.  2422.12(d) of the Authority's Regulations apply to 
decertification petitions filed by individuals, and it granted the 
application for review on this basis. The Authority directed the 
parties to file briefs addressing the following question:
    Do Sec.  7111(f)(3) of the Statute and Sec.  2422.12(d) of the 
Authority's Regulations apply to decertification petitions filed by 
individuals?
    In answering that question, the parties should address any 
pertinent considerations of: (1) Statutory construction; (2) 
legislative history; (3) applicable precedent; and (4) policy.

4. Required Format for Briefs

    All briefs shall be captioned ``National Aeronautics & Space 
Administration, Goddard Space Flight Center, Wallops Island, Virginia, 
Case No. WA-RP-13-0052.'' Briefs shall contain separate, numbered 
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, 5 CFR 2429.27(a) and (c), as well as 
the Federal Labor Relations Authority Regional Director involved in 
this case. Accordingly, briefs must be served on: Linda Ledman, Acting 
Labor Relations Officer, NASA/GSFC, 8800 Greenbelt Road, Greenbelt, MD 
20771; Ronald Walsh, Individual, 3196 Windrows Way, Eden, MD 21822; 
Cathie McQuiston, Deputy General Counsel, American Federation of 
Government Employees, AFL-CIO, 80 F Street NW., Washington, DC 20001; 
and Barbara Kraft, Regional Director, Federal Labor Relations 
Authority, Washington Regional Office, 1400 K Street NW., Second Floor, 
Washington, DC 20424. Interested persons may obtain copies of the 
Authority's decision granting the application for review in this case 
on the FLRA's Web site, www.flra.gov, or by contacting the Authority's 
Office of Case Intake and Publication at the address set forth above or 
at the telephone number below.

    Dated: February 19, 2014.
Gina K. Grippando,
Chief, Case Intake and Publication.
[FR Doc. 2014-03903 Filed 2-21-14; 8:45 am]
BILLING CODE 6727-01-P