One of the most significant issues in labor management relations is the right of employees to decide whether they would like to be represented by a labor union. The FLRA resolves a variety of issues related to questions of union representation of employees. These issues include, for example, conducting elections to determine if the employees desire to be represented; making decisions about who can be in a bargaining unit; and determining the impact of reorganizations on the scope of existing bargaining units. To resolve these issues an agency or union (or an individual in rare circumstances ) may file representation petitions with the FLRA's Regional Offices. To avoid the risk of "checking the wrong box" one generic petition has recently been created that covers all the types of representation issues that can be resolved by the FLRA.

After a petition is filed, the Regional Office notifies any labor organization, agency or activity that may be affected by issues raised in the petition. The Regional Office then investigates the representation issues and any challenges to the petition. The Regional Office also conducts meetings with all of the parties to identify, narrow and resolve underlying representation matters and obtain election agreements in appropriate cases. A hearing is held when the parties are unable to agree or when certain issues require the Regional Director to make a decision consistent with the Statute. A Regional Director may issue a Decision and Order or a Direction of Election. The vast majority of representation petitions filed with the FLRA are resolved locally at the regional level.

A Regional Director's Decision and Order may be appealed to the Authority. Authority review of representation cases is very limited. In those cases which are reviewed, the Authority may affirm, modify or reverse the Regional Director's Decision and Order in whole or in part. The Authority's decision is final and may not be appealed to any court.

See also General Counsel's Policies and Guidance