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

 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 RESOLVED
 BY OTHER MEANS;
 
    (B) WHERE OTHER MEANS ARE AVAILABLE, WHETHER AN AUTHORITY STATEMENT
 WOULD PREVENT THE
 
    PROLIFERATION OF CASES INVOLVING THE SAME OR SIMILAR QUESTION(.)
 
    THE QUESTION RAISED IN THIS REQUEST FOR AN INTERPRETATION AND
 STATEMENT OF POLICY CAN BE MORE APPROPRIATELY RESOLVED THROUGH THE
 PROCEDURES SET FORTH IN THE STATUTE AND APPROPRIATE REGULATIONS FOR
 DECIDING QUESTIONS RELATING TO THE APPROPRIATENESS OF UNITS.  IN THIS
 CONNECTION, IT SHOULD BE NOTED THAT A PETITION FOR RECOGNITION OF A
 PROPOSED UNIT OF MEDIATORS EMPLOYED BY THE FEDERAL MEDIATION AND
 CONCILIATION SERVICE (FMCS) HAS BEEN FILED WITH THE AUTHORITY.  /1/ SUCH
 PETITION SHALL BE PROCESSED PURSUANT TO SECTION 7111(B) OF THE STATUTE
 AND THE REGULATIONS OF THE AUTHORITY.  THE QUESTION RAISED IN THIS
 REQUEST CAN BE CONSIDERED DURING THE INVESTIGATION OF THE PETITION AND,
 IF APPROPRIATE, DURING A UNIT DETERMINATION HEARING.
 
    MOREOVER, AUTHORITY ACTION ON THIS REQUEST IS NOT WARRANTED SINCE IT
 WOULD NOT PREVENT THE PROLIFERATION OF CASES INVOLVING THE SAME OR
 SIMILAR QUESTION.  THE ISSUE RAISED BY YOUR REQUEST IS UNIQUE TO YOUR
 AGENCY AND A DETERMINATION ON THAT ISSUE WOULD HAVE NO DIRECT
 APPLICATION TO OTHER AGENCIES.
 
    ACCORDINGLY, YOUR REQUEST FOR AN INTERPRETATION OF THE STATUTE AND
 STATEMENT OF POLICY CANNOT BE GRANTED.  /2/
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
    CC:  R. G. MAYBERRY
 
    FLRA
 
    T. C. BUNCH, JR., ESQ.
 
    BUNCH AND WHITE
 
    /1/ FLRA CASE NO. 9-RO-14.
 
    /2/ MEMBER LEON B. APPLEWHAITE DID NOT PARTICIPATE IN THE PRESENT
 CASE, WHICH HAD BEEN PROCESSED PRIOR TO HIS CONFIRMATION BY THE UNITED
 STATES SENATE AS A MEMBER OF THE AUTHORITY.