5 CFR Ch. XIV (1-1-99 Edition)
Part 2422 Representation Proceedings – Pg. 376
2422.1 Purpose of a petition
To request an election to determine if employees in an appropriate unit wish to be represented for the purpose of collective bargaining by an exclusive representative.
2422.2 (a) Standing to file a petition
Only a labor organization has standing to file a petition pursuant to the conditions stated above.
2422.3 Contents of a petition
A petition must be filed on a form prescribed by the Authority and contain the information requested – name & address of agency or activity; contact info of petitioner; estimated size of the unit; description of the unit, etc.
The AFGE petition estimates the unit size to be 40,000 (requiring just over 12,000 signatures to meet the 30% “showing of interest” filing requirement)
The AFGE petition describes the unit as follows:
Included: All non-supervisory Transportation Security Officers in pay bands D, E, F and G employed by the Transportation Security Administration, Department of Homeland Security.
Excluded: All TSA Headquarters employees and employees described in 5 USC 7112(b)(2),(3),(4),(6) and (7).
In addition to the FLRA Form 21, the petition must include a 30% showing of interest; and include an alphabetical list of the names constituting the showing of interest.
The AFGE petition includes three (3) types of showing of interest, totaling over 13,000 names, broken down as follows:
• Membership as reported by TSA as of 2/6/10
• Pending members as reported by the AFGE Personify Database as of 2/22/10
• Showing of interest cards and/or petition signatures
2422.4 Service Requirements
Every petition must be served on all parties affected by issues raised in the filing. In this case, TSA and NTEU have been served by regular mail.
2422.5 Filing petitions
The AFGE petition was filed with the Washington Region of the FLRA since the regulations require that units of employees located in two or more regions of the Authority must be filed with the Regional Director for the region in which the headquarters of the agency is located. Seven TSOs accompanied AFGE Assistant Director of Membership and Organization, Cathie McQuiston, to file AFGE’s petition.
A labor organization may intervene prior to the execution of an election agreement; or prior to the start of a hearing over the issues raised by the question concerning representation.
A showing of interest of ten percent (10%) or more is required to intervene. Based on our estimate of the unit size, an intervener would need a showing of 4,000 to join the process.
2422.13 Resolutions of issues raised by a petition
After a petition is filed, the Regional Director may require all parties impacted by the petition to meet to narrow and resolve the issues raised in the petition. Known as a “13-B Meeting” this is a real possibility should TSA take a position that any category of employees (such as Leads or BDOs) are not properly included in the unit.
2422.15 Duty to furnish information and cooperate
After a petition is filed, the agency will be directed by the Regional Director to furnish the RD – and all parties – a current alphabetized list of employees and job classifications included in and/or excluded from the existing or claimed unit affected by issues raised in the petition.
All parties are required to cooperate in every aspect of the representation process.