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



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12:0074(25)PS
The decision of the Authority follows:


 
 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 Statut