12:0074(25)PS - Order Denying Request for General Ruling -- 1983 FLRAdec PS

 
 12 FLRA No. 25
 
 
                 ORDER DENYING REQUEST FOR GENERAL RULING
 
    The General Counsel of the Authority, pursuant to section 2429.4 of
 the Authority's Rules and Regulations, /1/ has requested that the
 Authority issue a general ruling on certain issues which have arisen in
 an unfair labor practice case pending before him.  Specifically, the
 General Counsel seeks rulings on the following issues:
 
          1.  Is the John F. Kennedy Center for the Performing Arts, a
       bureau within the Smithsonian Institution, an agency within the
       meaning of section 7103(a)(2) of the Statute subject to the
       provisions of the Statute?
 
          2.  Is an applicant for employment with a Federal agency (who
       is not a current Federal employee) an employee within the meaning
       of section 7103(a)(2) of the Statute so that the refusal to hire
       the applicant based solely on union considerations would be
       encompassed within the unfair labor practices set forth in section
       7116(a)(2) and 7116(b)(2) of the Statute?
 
          3.  If the refusal to hire an applicant based solely on union
       considerations is encompassed within the unfair labor practices
       set forth in section 7116(a)(2) and 7116(b)(2) of the Statute,
       does the first sentence of section 7116(d) of the Statute bar the
       Authority from asserting jurisdiction over such refusal of an
       agency to hire an applicant based solely on union considerations?
 
    Whether the John F. Kennedy Center for the Performing Arts is an
 "agency" within the meaning of the Statute is a threshold jurisdictional
 issue which must be resolved before the remaining issues raised by the
 General Counsel can be considered by him.  The Authority concludes that
 this issue of jurisdiction over the Kennedy Center is not one involving
 "major policy" within the meaning of section 2429.4 of the Rules and
 Regulations, since resolution of that issue will not settle questions of
 general applicability under the Federal Service Labor-Management
 Relations Statute (5 U.S.C. 7101 et seq.).  Accordingly, a general
 ruling will not be issued with regard to this narrow jurisdictional
 question.
 
    In view of the foregoing determination involving the threshold issue
 pending before the General Counsel, the Authority further concludes that
 it is inappropriate for it to consider the remaining substantive issues
 raised at this time by the General Counsel.
 
    Accordingly, IT IS ORDERED that the General Counsel's request for a
 general ruling be, and it hereby is, denied.  
 
 Issued, Washington, D.C., May 26, 1983
 
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
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    /1/ Section 2429.4 provides, in pertinent part:
 
          Sec.2429.4 Referral of policy questions to the Authority.
 
          Notwithstanding the procedures set forth in this subchapter,
       the General Counsel . . . may refer for review and decision or
       general ruling by the Authority any case involving a major policy
       issue that arises in a proceeding before (him).  . . .