Click here to view the decision.
56 FLRA No. 153
Small Business Administration and Jeffrey W. Eisinger and American Federation of Government Employees, AFL-CIO, Case No. SF-RP-80004 (Decided October 18, 2000)
This case came before the Authority pursuant to a decision of the United States Court of Appeals for the Ninth Circuit in Eisinger v. Federal Labor Relations Authority, 218 F.3d 1097 (9th Cir. 2000). The court reversed the Authority's decision in 54 FLRA 562 (1998), which dismissed a petition filed by Jeffrey Eisinger, as an individual, seeking to clarify or amend a certification of a bargaining unit of the Agency. The Authority had upheld a decision of its Regional Director, concluding that such a petition may be filed only by an agency or a labor organization under section 2422.2(c) of the Authority's Regulations. The Authority now vacated its decision in 54 FLRA 562 and remanded the matter to the Regional Director.
The Authority noted that the Court determined that the referenced statutory provisions and Authority Regulations are in conflict, and that the statutory language permitting "any person" to file a petition such as here is unambiguous. Accordingly, the court concluded that the Authority's regulation limiting filing to an agency or a labor organization overstepped the bounds established by Congress. The Authority vacated its prior decision and remanded the case to the Regional Director for appropriate action.