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FLRA Nominations: Who is Responsible for the Lack of a Quorum?

By Bob Gilson

Wednesday, July 16, 2008

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Bob Gilson is a consultant with a specialty in working with and training Federal agencies to resolve employee problems at all levels. Both before and since retiring, Bob has negotiated on behalf of Federal clients. A retired agency labor and employee relations director, Bob has authored or co-authored a number of books dealing with Federal issues. To contact Bob about this article or about training or assistance at your agency, use this contact form.

General advice on handling personnel problems may not be applicable to specific situations. Be sure to check with your human resources advisors for guidance in your particular personnel situation.

In Response to FedSmith's article on the departure of Dale Cabiness from the Federal Labor Relations Authority (FLRA), some readers blamed the vacancies on the Bush administration. The author checked with Thomas, a congressional website, to see what was what. Here are the results.

According to Thomas , the official website of the Library of Congress, the following actions occurred during the current (110th ) Congress:

1 . Nomination: PN1545-110
Brandon Chad Bungard, to be General Counsel of the Federal Labor Relations Authority, Federal Labor Relations Authority; vice Colleen Duffy Kiko, resigned.
Received: April 02, 2008
Referred: Senate Homeland Security and Governmental Affairs
Latest Action: April 02, 2008 - Received in the Senate and referred to the Committee on Homeland Security and Governmental Affairs.

2 . Nomination: PN1158-110
Thomas M. Beck, to be Member of the Federal Labor Relations Authority, Federal Labor Relations Authority; vice Wayne Cartwright Beyer, resigned.
Received: December 14, 2007
Referred: Senate Homeland Security and Governmental Affairs
Latest Action: December 14, 2007 - Received in the Senate and referred to the Committee on Homeland Security and Governmental Affairs.

3 . Nomination: PN718-110
Thomas M. Beck, to be Member of the Federal Labor Relations Authority, Federal Labor Relations Authority; vice Dale Cabaniss, term expiring.
Received: June 28, 2007
Referred: Senate Homeland Security and Governmental Affairs
Latest Action: December 14, 2007 - Received message of withdrawal of nomination from the President.

4 . Nomination: PN576-110
Carol Waller Pope, to be Member of the Federal Labor Relations Authority, Federal Labor Relations Authority
Received: May 16, 2007
Referred: Senate Homeland Security and Governmental Affairs
Latest Action: May 16, 2007 - Received in the Senate and referred to the Committee on Homeland Security and Governmental Affairs.

5 . Nomination: PN323-110
Carol Waller Pope, to be Member of the Federal Labor Relations Authority, Federal Labor Relations Authority
Received: March 12, 2007
Referred: Senate Homeland Security and Governmental Affairs
Latest Action: March 12, 2007 - Received in the Senate and referred to the Committee on Homeland Security and Governmental Affairs.

6 . Nomination: PN322-110
Dale Cabaniss, to be Member of the Federal Labor Relations Authority, Federal Labor Relations Authority
Received: March 12, 2007
Referred: Senate Homeland Security and Governmental Affairs
Latest Action: June 28, 2007 - Received message of withdrawal of nomination from the President.

7 . Nomination: PN96-110
Wayne Cartwright Beyer, to be Member of the Federal Labor Relations Authority, Federal Labor Relations Authority; vice Othoniel Armendariz, to which position he was appointed during the last recess of the Senate.
Received: January 09, 2007
Referred: Senate Homeland Security and Governmental Affairs
Latest Action: December 14, 2007 - Received message of withdrawal of nomination from the President.

It appears that the ball is in the court of the Senate Homeland Security and Governmental Affairs. Senator Joe Lieberman is the Chair but interestingly Barack Obama is a member. So I guess we can blame the holdup on filling FLRA jobs on the prospective nominee of the Democratic party. I guess I need to add "JUST KIDDING" unless I want to be identified as a Barack Basher.

By the way none of the above are my opinions. I cut the text directly from Thomas.

© 2008 Robert J. Gilson. All rights reserved. This article may not be reproduced without express written consent from Robert J. Gilson.

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Readers' Comments

  • I understand there are not enough FLRA Judges currently sitting to review cases. It appears the problem is political and bottom line the president will not appoint a new Judge before he leaves office. So no cases will be reviewed until sometime after January 2009. It that a correct assumption...
    Posted: August 11, 2008 10:56 AM
  • Only two members of the Authority can be from the same political party. Presumably this is why Clinton appointed Cabaniss and Bush appointed Pope. The resignation of Cabaniss may clear the way for the confirmation of the pending Republican nominee to create a quorum. If Obama wins, one might expe...
    Posted: July 18, 2008 7:12 AM
  • I am a democrat and I represent management before the FLRA. I think you all need to be reminded that Dale Cabaniss was originally a Bill Clinton apointee. So don't assume all is better if a democrat wins. And for those who think the FLRA should be abolished and everything should go to the Courts....
    Posted: July 17, 2008 6:37 PM

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