16:0629(92)RO - Navy, Naval Air Station Alameda, Alameda, CA and Federal Fire Fighters Association Local 15 and International Association of Fire Fighters Local F-15 -- 1984 FLRAdec RP

 16 FLRA No. 92
 
 DEPARTMENT OF THE NAVY
 NAVAL AIR STATION ALAMEDA
 ALAMEDA, CALIFORNIA
 Activity
 
 and
 
 FEDERAL FIRE FIGHTERS ASSOCIATION,
 LOCAL 15
 Petitioner
 
 and
 
 INTERNATIONAL ASSOCIATION OF FIRE
 FIGHTERS, LOCAL F-15, AFL-CIO, CLC
 Intervenor
 
                                            Case No. 9-RO-30016
 
                            DECISION AND ORDER
 
    Upon a petition duly filed with the Federal Labor Relations Authority
 under section 7111(b)(1) of the Federal Service Labor-Management
 Relations Statute (the Statute), a hearing was held before a hearing
 officer of the Authority.  The hearing officer's rulings made at the
 hearing are free from prejudicial error and are hereby affirmed.
 
    Upon the entire record in this case, including the contentions of the
 parties, the Authority finds:  The Petitioner, Federal Fire Fighters
 Association, Local 15 (Petitioner), seeks to represent a unit of
 firefighters employed by the Activity.  The Intervenor, International
 Association of Fire Fighters, Local F-15, AFL-CIO, CLC (Intervenor) and
 the Activity assert that the petition is untimely filed under the
 provisions of section 7111(f)(3) of the Statute /1/ and should be
 dismissed.  In this regard they note the existence of a negotiated
 agreement between the Intervenor and the Activity, which became
 effective March 11, 1983 for a term of 3 years.
 
    The Activity granted exclusive recognition to the "International
 Association of Fire Fighters, Local F-15" on February 4, 1964.  Since
 that time, a number of collective bargaining agreements have been
 negotiated, the most recent of which was executed on February 12, 1983,
 effective March 11, 1983, for a period of 3 years from the effective
 date.  On March 30, 1983, the Petitioner filed the subject RO petition.
 
    The Authority concludes, based on the circumstances noted above, that
 the petition herein must be dismissed as untimely filed.  Thus, as noted
 above, the petition was filed at a time when the current collective
 bargaining agreement had been in effect less than 3 years, and was not
 filed during the "open period" provided for in section 7111(f)(3)(B) of
 the Statute.
 
                                   ORDER
 
    IT IS ORDERED that the petition in Case No. 9-RO-30016 be, and it
 hereby is, dismissed.  Issued, Washington, D.C. November 30, 1984
                                       Henry B. Frazier III, Acting
                                       Chairman
                                       Ronald W. Haughton, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ Section 7111(f)(3) provides:
 
          Sec. 7111.  Exclusive recognition of labor organizations
 
                                  * * * *
 
          (f) Exclusive recognition shall not be accorded to a labor
       organization--
 
                                  * * * *
 
          (3) if there is then in effect a lawful written collective
       bargaining agreement between the agency involved and an exclusive
       representative (other than the labor organization seeking
       exclusive recognition) covering any employees included in the unit
       specified in the petition, unless--
 
          (A) the collective bargaining agreement has been in effect for
       more than 3 years, or
 
          (B) the petition for exclusive recognition is filed not more
       than 105 days and not less than 60 days before the expiration date
       of the collective bargaining agreement(.)