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56 FLRA No. 23
U.S. Department of the Interior Bureau of Land Management Phoenix, Arizona and NFFE, Local 376, Case No. DE-RP-90037 (Decided March 21, 2000)
This application sought review of the Regional Director's (RD's) Decision and Order on a petition to amend a certificate of recognition. NFFE, Local 376 held a Montrose election and voted to change its affiliation from NFFE to AFGE, AFL-CIO. NFFE, Local 376 filed a petition requesting that its certificate of representation be amended to reflect this change.
The RD found that NFFE, Local 376 was recognized as the exclusive representative of separate professional and nonprofessional units of employees. The RD granted NFFE, Local 376's petition for a change in affiliation with respect to the nonprofessional unit and dismissed the petition as it concerned the professional unit. The Authority found that NFFE, Local 376 did not establish that the RD erred in concluding that it was the exclusive representative of separate professional and nonprofessional units. The Authority also found that NFFE, Local 376 did not establish that the RD erred in the application of the Montrose criteria, or that there was an absence of precedent as it alleged. The application was denied as it concerned these contentions.
The Authority granted the application as it concerned the question of whether a QCR existed in the professional unit, and remanded the case to the RD for further proceedings consistent with this decision. The Authority noted that a remand was necessary to ascertain whether there was reasonable cause to believe that a QCR existed regarding the continued existence of the professional unit. The Authority denied the request for a stay.