Federal Manager's Daily Report

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The FLRA is seeking input on an issue related to petitions to decertify unions in the federal workplace, which is at the heart of a case the authority has agreed to decide but involves a specific situation for which it says there is no precedent.

At issue are how law and FLRA rules governing such petitions apply where a union has been certified to represent a bargaining unit through the merger of pre-existing units but where no new representation election was conducted.

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“This issue is likely to be of concern to agencies, labor organizations, and other interested persons,” the FLRA said in a July 25 Federal Register notice.

Specific questions on which the FLRA is seeking comment and procedures for making comments, which are due by August 30, are in that notice:
https://www.federalregister.gov/documents/2022/07/25/2022-15863/notice-of-opportunity-to-submit-amici-curiae-briefs-in-a-representation-proceeding-pending-before

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 § 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.


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