Federal Mediation and Conciliation Service, Case No. 0-PS-7




[ v01 p1010 ]
01:1010(114)PS
The decision of the Authority follows:


 1 FLRA No. 114
                                            SEPTEMBER 24, 1979
 
 MR. WAYNE L. HORVITZ
 DIRECTOR
 FEDERAL MEDIATION AND
 CONCILIATION SERVICE
 WASHINGTON, D.C.  20427
 
                                            Re:  Case No. 0-PS-7
 
 DEAR MR. HORVITZ:
 
    THIS IS IN FURTHER REPLY TO YOUR REQUEST FOR AN INTERPRETATION OF THE
 STATUTE AND STATEMENT OF POLICY.
 
    YOU REQUEST THE AUTHORITY TO ISSUE AN INTERPRETATION AND A STATEMENT
 ON THE FOLLOWING QUESTION:
 
    WHETHER A GROUP OF MEDIATORS EMPLOYED BY THE FEDERAL MEDIATION AND
 CONCILIATION SERVICE ARE
 
    PRECLUDED FROM BEING DETERMINED TO BE AN APPROPRIATE BARGAINING UNIT
 UNDER THE EXCLUSION OF
 
    SECTION 7112(B)(4) OF THE STATUTE BECAUSE UNDER SECTION 7119 OF THAT
 LAW MEDIATORS ARE ENGAGED
 
    IN ADMINISTERING PROVISIONS OF THE LAW.
 
    THE AUTHORITY HAS CAREFULLY CONSIDERED THIS REQUEST AND HAS
 DETERMINED THAT IT DOES NOT SATISFY THE STANDARDS GOVERNING THE ISSUANCE
 OF GENERAL STATEMENTS OF POLICY AND GUIDANCE SET FORTH IN SECTION 2427.5
 OF THE RULES OF THE FEDERAL LABOR RELATIONS AUTHORITY, WHICH PROVIDES IN
 PERTINENT PART:
 
    SEC. 2427.5 STANDARDS GOVERNING ISSUANCE OF GENERAL STATEMENTS OF
 POLICY AND GUIDANCE.
 
    IN DECIDING WHETHER TO ISSUE A GENERAL STATEMENT OF POLICY OR
 GUIDANCE, THE AUTHORITY SHALL
 
    CONSIDER:
 
    (A) WHETHER THE QUESTION PRESENTED CAN MORE APPROPRIATELY BE