FLRA general counsel position set to be filled

A former government clerk-typist came one step closer to becoming general counsel for the Federal Labor Relations Authority this week.

The Senate Homeland Security and Governmental Affairs Committee held a hearing Tuesday for the nomination of Colleen Kiko for the position. FLRA, an independent agency responsible for administering labor-management relations, has been without a general counsel since December 2004, after the Senate failed to confirm Peter Eide, who was serving as a recess appointment. In the absence of a general counsel, the deputy general counsel usually serves as acting general counsel, but this position was also unfilled. The position has a five-year term.

The general counsel oversees seven regional FLRA offices, and is the starting point for processing unfair labor practice allegations and representation matters filed with the FLRA. The general counsel also decides on appeals of a regional director's decision not to issue a ULP complaint, which blocks the complaint from going to trial.

"No GC meant we could not issue complaints or litigate any pending matters," Tim Sheils, a recently retired FLRA senior attorney in the San Francisco region, said in an e-mail. "The lack of a GC left the agency unable to act on one of its primary missions: the enforcement of the [Federal Service Labor-Management Relations Statute] through the ULP administrative hearing procedure. This situation lasted for many months, and as the old adage goes: 'Justice delayed is justice denied.' "

In a May 18 letter from Dale Cabaniss, chairwoman of FLRA, to John Gage, president of the American Federation of Government Employees, Cabaniss denied that the vacancy was causing any real trouble.

The GC position has been vacant "a number of times…I am pleased to share with you that, to the best of my knowledge, the regional directors have consistently demonstrated the ability during these previous periods to provide the necessary leadership…to ensure the business of the OGC continues to the extent allowable…" Cabaniss wrote. She added that she had "every confidence" they were doing the same with this vacancy.

According to Kiko's testimony at the hearing, after her stint as a clerk-typist, she worked at the Labor Management Services Administration, which became FLRA, from 1976 to 1983. Kiko was as a supervisory labor relations specialist when she left FLRA.

After receiving her law degree from George Mason University School of Law in 1986, Kiko worked in the civil rights division of the Justice Department and as special assistant to the U.S. Attorney's Office Eastern District of Virginia. In 1989, she served as associate counsel to the House Judiciary Committee's Subcommittee on Civil and Constitutional Rights.

After starting her own practice, Kiko then became part of the firm of Ronald M. Cohen and Associates. In February 2002, she was appointed a judge on the Employees' Compensation Appeals Board, which hears complaints on issues regarding workers' compensation.

Kiko said she sees the goal of general counsel to be "helping agencies effectively and efficiently fulfill their statutory mission through healthy labor management relations."

At the hearing, Sen. George Voinovich, R-Ohio, said FLRA's role is increasingly significant because of labor relations reforms under way in the Homeland Security and Defense departments.

"I encourage Ms. Kiko to be active in improving labor-management relations in the federal sector during times of such dramatic reform," Voinovich said.

Kiko still has to be approved by the full Senate before she can take on the general counsel position.