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Representation Digest Series

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56 FLRA No. 76

U.S. Department of the Treasury, Internal Revenue Service and U.S. Department of the Treasury Office of the Chief Counsel Internal Revenue Service and National Treasury Employees Union, Case No. WA-RP-90061 (Decided July 21, 2000)

      The Regional Director (RD) dismissed in part the petition to consolidate seven separate bargaining units. The RD concluded that the proposed consolidation of the seven bargaining units was not appropriate. The Authority denied the application for review.

      The Authority noted that under section 7112(d) of the Statute, two or more bargaining units represented by the same union may be consolidated if the Authority considers the larger unit to be appropriate. In order for a unit to be considered appropriate, all three criteria--community of interest, effective dealings, and efficiency of agency operations--must be met.

      The Authority found that the RD did not fail to apply established law in addressing the commissioner's authority over the chief counsel. Additionally, the Authority found that the RD did not fail to apply established law with respect to effective dealings and efficiency of operations. In sum, the Authority concluded that there was no basis for granting review of the RD's determination that the proposed consolidated single unit would not promote effective dealings and the efficiency of agency operations.



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