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60 FLRA No. 93
U. S. Dept. of The Navy, Naval District Washington and International Association of Firefighters, Local F-121, AFL-CIO, et als, Case Nos. WA-RP-04-0024, WA-RP-04-0025 WA-RP-04-0026, WA-RP-04-0036 WA-RP-04-0065, (Decided December 7, 2004)
This case came before the Authority on an application for review filed by the American Federation of Government Employees of the Regional Director's (RD's) Decision and Order Directing Election. Oppositions were filed by the Department of the Navy and the International Association of Fire Fighters.
Following an agency reorganization, the RD found four proposed bargaining units appropriate for exclusive recognition under the Federal Service Labor-Management Relations Statute (Statute). He directed elections in three of those units: 1) firefighters; 2) police officers and guards; and 3) all other nonprofessional general schedule and wage grade employees. The RD did not direct an election in the fourth unit he found appropriate, which consisted of all the named employees. The application for review argued that the RD failed to apply established law in finding functional units appropriate and not directing an election in the fourth unit. The Authority granted the application, in part, and denied the application, in part.
The Authority found that the RD did not fail to apply established law in finding appropriate "functional" groupings of employees and directing elections in those units. However, the Authority found that the RD erred in not directing an election in a unit of all affected employees.