Department of Health, Education, and Welfare, Public Health Service, Navajo Area Indian Health Service, Tuba City, Arizona

 

 1 FLRA No. 45
                                            MAY 30, 1979
 
 MR. JOHN EGAN
 LABOR RELATIONS STAFF
 PUBLIC HEALTH SERVICE
 5600 FISHERS LANE
 ROOM 18A-31, PARKLAWN BUILDING
 ROCKVILLE, MARYLAND 20857
 
                         RE:  DEPARTMENT OF HEALTH, EDUCATION, AND 
                              WELFARE, PUBLIC HEALTH SERVICE, NAVAJO 
                              AREA INDIAN HEALTH SERVICE, TUBA CITY, 
                              ARIZONA, A/SLMR No. 1146, FLRC No. 78A-183
 
 DEAR MR. EGAN:
 
    THE AUTHORITY HAS CAREFULLY CONSIDERED THE ACTIVITY'S PETITION FOR
 REVIEW OF THE ASSISTANT SECRETARY'S DECISION, AND THE UNION'S OPPOSITION
 THERETO, IN THE ABOVE-ENTITLED CASE.  /1/
 
    THIS CASE AROSE AS THE RESULT OF A CHALLENGED BALLOT CAST IN A RUNOFF
 ELECTION AMONG ALL GENERAL SCHEDULE AND WAGE GRADE NONPROFESSIONAL
 EMPLOYEES AT THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, PUBLIC
 HEALTH SERVICE, NAVAJO AREA INDIAN HEALTH SERVICE, TUBA CITY, ARIZONA
 (THE ACTIVITY) IN WHICH THE NAVAJO NATION INDIAN HEALTH CARE EMPLOYEES,
 LOCAL 1376, LABORERS INTERNATIONAL UNION, AFL-CIO (THE UNION)
 PARTICIPATED.  THE CHALLENGED BALLOT, WHICH WAS SUFFICIENT IN NUMBER TO
 AFFECT THE OUTCOME OF THE RUNOFF ELECTION, WAS CHALLENGED BY THE UNION
 ON THE GROUNDS THAT THE INDIVIDUAL INVOLVED, A COMMUNITY HEALTH
 EDUCATOR, WAS A PROFESSIONAL EMPLOYEE RATHER THAN A NONPROFESSIONAL
 EMPLOYEE AS ASSERTED BY THE ACTIVITY.
 
    THE ASSISTANT SECRETARY FOUND THAT, UNDER THE PARTICULAR
 CIRCUMSTANCES OF THIS CASE, THE INDIVIDUAL INVOLVED WAS A PROFESSIONAL
 EMPLOYEE WITHIN THE MEANING OF THE ORDER.  IN SO FINDING, HE STATED:
 
    (T)HE RECORD SHOWS THAT AT THE TIME OF THE ELECTION IN THIS MATTER
 (THE EMPLOYEE) WAS A
 
    COMMUNITY HEALTH EDUCATOR AND THAT HER WORK ENTAILS PRESENTING
 LECTURES ON HEALTH CARE
 
    SUBJECTS TO NAVAJO AND HOPI INDIANS AT VARIOUS PUBLIC HEALTH SERVICE