[Federal Register: November 29, 2002 (Volume 67, Number 230)]
[Notices]
[Page 71175-71176]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29no02-87]
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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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