16:0627(91)RO - Army. Rock Island Arsenal, Rock Island, IL and Local 5, Federal Fire Fighters Association -- 1984 FLRAdec RP

 16 FLRA No. 91
 
 DEPARTMENT OF THE ARMY, ROCK ISLAND
 ARSENAL, ROCK ISLAND, ILLINOIS
 Activity
 
 and
 
 LOCAL 5, FEDERAL FIRE FIGHTERS
 ASSOCIATION
 Petitioner /1/
 
                                            Case No. 5-RO-30014
 
                            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, Local 5, Federal Fire
 Fighters Association (Petitioner), seeks to represent a unit of
 firefighters and fire inspection employees employed by the Activity.
 The Activity asserts that the petition is untimely filed under the
 provisions of section 7111(f)(3) of the Statute /2/ and should therefore
 be dismissed.  In this regard, the Activity notes the existence of a
 negotiated agreement between itself and IAFF Local F-5, which became
 effective February 16, 1982, for a term of three years.  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. 5-RO-30014 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/ At the hearing, the Petitioner moved to deny the International
 Association of Fire Fighters, AFL-CIO (IAFF) Intervenor status.  The
 hearing officer referred this matter to the Authority for decision.
 Pursuant to section 2422.5 of the Authority's Rules and Regulations, the
 Petitioner's motion is granted.
 
 
    /2/ 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(.)