Federal Deposit Insurance Corporation (Activity) and National Treasury Employees Union (Petitioner) 

 



[ v02 p441 ]
02:0441(61)RO
The decision of the Authority follows:


 2 FLRA No. 61
 
 FEDERAL DEPOSIT INSURANCE CORPORATION
 Activity
 
 and
 
 NATIONAL TREASURY EMPLOYEES UNION
 Petitioner
 
                                            Assistant Secretary
                                            Case No. 22-09040(RO)
 
                    DECISION AND DIRECTION OF ELECTIONS
 
    UPON A PETITION DULY FILED UNDER SECTION 6 OF EXECUTIVE ORDER 11491,
 AS AMENDED, A HEARING WAS HELD BEFORE HEARING OFFICERS DARYL F. STEPHENS
 AND DANIEL SUTTON.  THE HEARING OFFICERS' RULINGS MADE AT THE HEARING
 ARE FREE FROM PREJUDICIAL ERROR AND ARE HEREBY AFFIRMED.
 
    THE FUNCTIONS OF THE ASSISTANT SECRETARY OF LABOR FOR
 LABOR-MANAGEMENT RELATIONS UNDER EXECUTIVE ORDER 11491, AS AMENDED, IN A
 MATTER SUCH AS HERE INVOLVED, WERE TRANSFERRED TO THE AUTHORITY UNDER
 SECTION 304 OF REORGANIZATION PLAN NO. 2 OF 1978(43 F.R. 36040), WHICH
 TRANSFER OF FUNCTIONS IS IMPLEMENTED BY SECTION 2400.2 OF THE
 AUTHORITY'S RULES AND REGULATIONS (44 F.R. 44741, JULY 30, 1979).  THE
 AUTHORITY CONTINUES TO BE RESPONSIBLE FOR THE PERFORMANCE OF THESE
 FUNCTIONS AS PROVIDED IN SECTION 7135(B) OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE (92 STAT. 1215).
 
    UPON THE ENTIRE RECORD IN THIS CASE, INCLUDING BRIEFS SUBMITTED BY
 THE PARTIES, THE FEDERAL LABOR RELATIONS AUTHORITY FINDS:
 
    1.  THE LABOR ORGANIZATION INVOLVED CLAIMS TO REPRESENT CERTAIN
 EMPLOYEES OF THE ACTIVITY.
 
    IN ITS PETITION, PETITIONER, NATIONAL TREASURY EMPLOYEES UNION
 (NTEU), SEEKS AN ELECTION IN A UNIT OF ALL GENERAL SCHEDULE AND WAGE
 GRADE PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES ASSIGNED TO
 HEADQUARTERS, EXCLUDING MANAGEMENT OFFICIALS, SUPERVISORS, CONFIDENTIAL
 EMPLOYEES, EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A
 PURELY CLERICAL CAPACITY, AND GUARDS.  NTEU CONTENDS THAT A SINGLE
 COMPREHENSIVE UNIT, WHICH WOULD INCLUDE FIELD LIQUIDATORS, WOULD PREVENT
 UNIT FRAGMENTATION, AND ENHANCE EFFECTIVE DEALINGS AND EFFICIENCY OF
 AGENCY OPERATIONS.  THE ACTIVITY, ON THE OTHER HAND, CONTENDS THAT THE
 EMPLOYEES PHYSICALLY LOCATED IN HEADQUARTERS, WASHINGTON, D.C. AND THE
 FIELD LIQUIDATORS ARE TWO SEPARATE FUNCTIONAL UNITS.  IN THIS REGARD,
 THE ACTIVITY ARGUES THAT THE FILED LIQUIDATORS ARE ASSIGNED TO
 HEADQUARTERS FOR ADMINISTRATIVE CONVENIENCE AND DO NOT SHARE A COMMUNITY
 OF INTEREST WITH THE EMPLOYEES PHYSICALLY LOCATED THERE.  IT FURTHER
 CONTENDS THAT THE PETITIONED FOR UNIT WOULD NOT PROMOTE EFFECTIVE
 DEALINGS AND EFFICIENCY OF AGENCY OPERATIONS.
 
    THE ACTIVITY IS HEADQUARTERED IN WASHINGTON, D.C. AND
 ORGANIZATIONALLY CONSISTS OF A BOARD OF DIRECTORS, AND SEVEN PRINCIPAL
 DIVISIONS WHICH REPORT DIRECTLY TO THE BOARD OF DIRECTORS.  TWO OF THESE
 DIVISIONS, THE DIVISION OF LIQUIDATION AND THE DIVISION OF BANK
 SUPERVISION, ARE INVOLVED IN FIELD OPERATIONAL FUNCTIONS OF THE
 ACTIVITY.  THE DIVISION OF LIQUIDATION IS CHARGED WITH THE
 RESPONSIBILITY FOR THE CLOSING OF INSOLVENT BANKS, AND THE LIQUIDATION
 OF THEIR ASSETS.  ITS TWO BASIC FUNCTIONS INVOLVE THE PAYROLL OF INSURED
 DEPOSITORS, AND THE PURCHASE AND ASSUMPTION OF THE CLOSED BANKS.  THESE
 FUNCTIONS ARE ACCOMPLISHED PRESENTLY THROUGH APPROXIMATELY 160
 LIQUIDATORS WHO ALTHOUGH ASSIGNED TO THE DIVISION OF LIQUIDATION IN
 WASHINGTON, D.C., WORK IN 48 FIELD LOCATIONS ESTABLISHED AT THE TIME OF
 A BANK'S CLOSING AND AT THE BANK'S LOCATION.  /1/
 
    THE RECORD INDICATES THAT THE GENERAL RESPONSIBILITY FOR THE
 ADMINISTRATION OF THE ACTIVITY RESTS WITH HEADQUARTERS WHICH EXERCISES
 THE GENERAL AUTHORITY TO PLAN, DIRECT AND COORDINATE THE WORK OF THE
 ACTIVITY.  ALL EMPLOYEES OF THE ACTIVITY ARE SUBJECT TO SIMILAR
 ACTIVITY-WIDE PERSONNEL POLICIES AND PRACTICES WHICH ARE ESTABLISHED BY,
 AND ARE GENERALLY IMPLEMENTED THROUGH, THE HEADQUARTERS STAFF.  THE
 HEADQUARTERS STAFF IS ALSO RESPONSIBLE FOR BUDGETARY POLICIES, FINANCIAL
 DISBURSEMENTS AND LABOR RELATIONS POLICIES AND PROCEDURES, WHICH
 INCLUDES THE NEGOTIATIONS OF BASIC LABOR AGREEMENTS AND ANY LOCAL
 SUPPLEMENTAL AGREEMENTS.
 
    THE DIVISION OF LIQUIDATION, LOCATED AT HEADQUARTERS, IS HEADED BY A
 DIRECTOR WHO IS DIRECTLY RESPONSIBLE TO THE BOARD OF DIRECTORS FOR THE
 FUNCTIONS OF THE DIVISION.  REPORTING DIRECTLY TO THE DIRECTOR ARE THE
 DEPUTY DIRECTOR, THE CHIEF SUPERVISING LIQUIDATOR, AND THE ASSOCIATE
 SUPERVISING LIQUIDATORS.  THE RECORD REVEALS THAT BECAUSE OF ITS UNIQUE
 FUNCTIONS SOME OF THE PERSONNEL MATTERS REGARDING THE DIVISION HAVE BEEN
 DELEGATED FROM THE HEADQUARTERS PERSONNEL OFFICE TO THE DIVISION, AND
 THAT THE CHIEF SUPERVISING LIQUIDATOR HAS THE AUTHORITY TO RECRUIT,
 INTERVIEW, HIRE, TRANSFER, REASSIGN, AND PROMOTE ALL OF THE DIVISION'S
 LIQUIDATORS-AT-LARGE.
 
    THE RECORD INDICATES THAT THE DIVISION'S LIQUIDATORS-AT-LARGE ARE
 ENGAGED IN DUTIES INVOLVED IN THE LIQUIDATION OF THE INSOLVENT BANKS
 WITHIN THE FIELD OFFICES WHICH ARE ESTABLISHED AT THE SITE OF THE
 CLOSINGS.  EACH OFFICE IS HEADED BY A LIQUIDATOR-IN-CHARGE WHO HAS THE
 DAY-TO-DAY SUPERVISION OF THE EMPLOYEES AND IS RESPONSIBLE FOR THE
 FUNCTIONS OF THE OFFICE.  /2/ THE LIQUIDATORS-AT-LARGE ARE EMPLOYED IN
 THE "EXCEPTED SERVICE" CATEGORY AND GENERALLY POSSESS THE SAME BASIC
 QUALIFICATIONS, SHARE THE SAME SKILLS, AND UTILIZE THE SAME TECHNICAL
 KNOWLEDGE.  BASED IN PART ON THEIR UNIQUE FUNCTIONS AND CONSTANT TRAVEL
 STATUS, LIQUIDATORS-AT-LARGE ARE ASSIGNED TO HEADQUARTERS AS THEIR DUTY
 STATION, ARE CARRIED ON THE HEADQUARTERS PAYROLL, AND HAVE THEIR
 PERSONNEL RECORDS MAINTAINED BY THE PERSONNEL OFFICE LOCATED AT
 HEADQUARTERS, IS RESPONSIBLE FOR RECRUITING, INTERVIEWING, AND HIRING OF
 PROSPECTIVE LIQUIDATORS.  REQUESTS FOR TRANSFERS AND REASSIGNMENTS ARE
 CHANNELED THROUGH THE CHIEF SUPERVISING LIQUIDATOR AND IT IS ALSO HIS
 RESPONSIBILITY TO MAKE DECISIONS WITH RESPECT TO LIQUIDATORS-AT-LARGE
 PROMOTIONS.  ANY PROBLEMS ARISING WITH REGARD TO DISCIPLINE OR
 TERMINATION OF EMPLOYMENT REST WITH THE BOARD OF DIRECTORS AND HAVE NOT
 BEEN DELEGATED TO THE DIVISION BUT ITS DECISION MAY BE BASED IN PART
 UPON THE RECOMMENDATION OF THE DIRECTOR OF THE DIVISION.
 
    BASED ON THE FOREGOING CIRCUMSTANCES, THE AUTHORITY FINDS THAT THE
 PETITIONED FOR UNIT, INCLUDING THE LIQUIDATORS-AT-LARGE LOCATED IN FIELD
 LIQUIDATION OFFICES, IS APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE
 RECOGNITION.  THUS, THE RECORD SHOWS THAT ALL EMPLOYEES ARE UNDER THE
 GENERAL DIRECTION OF THE HEADQUARTERS, SHARE A COMMON MISSION AND ARE
 SUBJECT TO THE SAME GENERAL WORKING CONDITIONS AND UNIFORM PERSONNEL
 POLICIES.  FURTHER THE CHIEF SUPERVISING LIQUIDATOR, IN CONSULTATION
 WITH THE DIRECTOR OF LIQUIDATION, RETAINS THE AUTHORITY TO HIRE, ASSIGN,
 TRANSFER, REASSIGN, AND PROMOTE ALL DIVISION EMPLOYEES INCLUDING ITS
 FIELD LIQUIDATORS.  UNDER THESE CIRCUMSTANCES, THE AUTHORITY FINDS THAT
 THE PETITIONED FOR EMPLOYEES SHARE A COMMUNITY OF INTEREST.  FURTHER,
 NOTING THAT ALL PERSONNEL POLICIES AND PRACTICES ARE ESTABLISHED AND
 IMPLEMENTED AT THE HEADQUARTERS LEVEL, AND THAT THE CLAIMED UNIT
 CONFORMS TO AN INTEGRATED ORGANIZATIONAL STRUCTURE OF THE ACTIVITY,
 SHARING A COMMON OVERALL MISSION, THE AUTHORITY FINDS THAT SUCH A UNIT
 WOULD PROMOTE EFFECTIVE DEALINGS AND EFFICIENCY OF AGENCY OPERATIONS.
 MOREOVER SUCH A UNIT IS CONSISTENT WITH THE POLICY OF THE ORDER OF
 PREVENTING FURTHER FRAGMENTATION OF BARGAINING UNITS, AS WELL AS
 REDUCING EXISTING FRAGMENTATIONS, AND PROMOTING A MORE COMPREHENSIVE
 BARGAINING UNIT STRUCTURE.  /3/ CERTAIN ELIGIBILITY QUESTIONS WERE
 RAISED HEREIN.  /4/
 
    ASSOCIATE SUPERVISING LIQUIDATORS, GG-1160-13, 14, AND 15
 
    THE ACTIVITY CONTENDS THAT THESE EMPLOYEES ARE SUPERVISORS AND/OR
 MANAGEMENT OFFICIALS AND SHOULD BE EXCLUDED FROM THE UNIT FOUND
 APPROPRIATE, WHEREAS THE PETITIONER ARGUES TO THE CONTRARY.
 
    THE RECORD REVEALS THAT THERE ARE APPROXIMATELY TEN ASSOCIATES
 ASSIGNED AND PHYSICALLY LOCATED AT HEADQUARTERS.  THESE EMPLOYEES
 COORDINATE THE ESTABLISHMENT OF FIELD OFFICES AT THE SITES OF BANK
 CLOSINGS.  INITIALLY, THEY ARE IN THE FIELD AND HAVE THE RESPONSIBILITY
 FOR SETTING UP THE ENTIRE OPERATION AND ARE PRIMARILY RESPONSIBLE FOR
 AND DIRECT THE SUBSTANTIVE OPERATIONS OF THE LIQUIDATION OFFICE UNDER
 THEIR JURISDICTION.  UNDER NORMAL PROCEDURES, THE ASSOCIATES WILL, AFTER
 APPROXIMATELY TWO TO THREE WEEKS, RETURN TO WASHINGTON OPERATION AND THE
 DAY-TO-DAY SUPERVISION OF THE EMPLOYEES.  ORGANIZATIONALLY, THE
 ASSOCIATE IS THE NEXT LEVEL ABOVE THE LIQUIDATOR-IN-CHARGE IN THE CHAIN
 OF COMMAND.  THE RECORD DISCLOSES THAT THE LIQUIDATOR-IN-CHARGE OF THE
 PARTICULAR LIQUIDATION UNDER THE JURISDICTION OF THE ASSOCIATE IS IN
 DAILY CONTACT WITH THE ASSOCIATE WHO RESPONSIBLY DIRECTS HIM REGARDING
 ANY PROBLEMS WHICH MAY ARISE.  THE ASSOCIATE'S DECISION WITH REGARD TO
 SUCH PROBLEMS IS CONSIDERED FINAL.  FURTHER, THE ASSOCIATES HAVE THE
 AUTHORITY TO HIRE LOCALLY TEMPORARY OR INTERMITTENT EMPLOYEES, TERMINATE
 SUCH EMPLOYMENT AND HAVE EFFECTIVELY RECOMMENDED TO THE CHIEF
 SUPERVISING LIQUIDATOR THAT CERTAIN INTERMITTENT EMPLOYEES WHO MEET THE
 QUALIFICATIONS FOR BECOMING A LIQUIDATOR-AT-LARGE, BE HIRED.  ON ONE
 OCCASION AN ASSOCIATE EFFECTIVELY RECOMMENDED THAT A LIQUIDATOR-AT-LARGE
 NOT BE PROMOTED.
 
    BASED ON THE FOREGOING, AS THE RECORD REVEALS THAT THE ASSOCIATES
 USING INDEPENDENT JUDGMENT RESPONSIBLY DIRECT THE LIQUIDATORS-IN-CHARGE
 UNDER THEIR JURISDICTION, AND HAVE THE AUTHORITY TO HIRE, OR TERMINATE
 TEMPORARY OR INTERMITTENT EMPLOYEES, OR TO EFFECTIVELY RECOMMEND SUCH
 ACTIONS, THE AUTHORITY FINDS THAT THEY ARE SUPERVISORS WITHIN THE
 MEANING OF SECTION 2(C) OF THE ORDER AND SHOULD BE EXCLUDED FROM THE
 PETITIONED FOR UNIT.  /5/
 
    FEDERAL WOMEN'S PROGRAM MANAGER, GG-0301-13
 
    THE ACTIVITY FURTHER CONTENDS THAT MARCIA K. MAU, FEDERAL WOMEN'S
 PROGRAM MANAGER, GG-0301-13 EMPLOYED IN THE OFFICE OF EMPLOYEE RELATIONS
 (OFFICE OF THE DIRECTOR) SHOULD BE EXCLUDED FROM THE PETITIONED FOR UNIT
 AS A MANAGEMENT OFFICIAL.  THE EVIDENCE ESTABLISHES THAT HER FULL TIME
 DUTIES INCLUDE PROVIDING LIAISON AND REPRESENTATION FOR THE ACTIVITY ON
 THE WOMEN'S PROGRAM WITH OTHER ORGANIZATIONS.  SHE MAKES DECISIONS AS TO
 WHICH WOMEN'S ORGANIZATIONS SHOULD BE PROVIDED WITH VACANCY
 ANNOUNCEMENTS;  SHE REVIEWS THE ACTIVITY'S NEWSLETTER;  SHE IS ENGAGED
 IN PREPARING MONTHLY PROGRAM SERIES IN THE AREAS OF PRE-RETIREMENT
 PLANNING, SAFETY FOR MEN AND WOMEN, CHILD-CARE SELECTION, AND MINORITY
 WOMEN.  THE RECORD DISCLOSES THAT SHE HAS DURING THE PAST YEAR, AND WILL
 IN THE FUTURE, HAVE SUBSTANTIAL INVOLVEMENT AND INPUT IN THE RECRUITMENT
 AREA AS A REPRESENTATIVE OF THE ACTIVITY'S RECRUITMENT PROGRAM FROM THE
 OFFICE OF PERSONNEL AND EMPLOYEE RELATIONS.  MAU HAS ASSISTED IN THE
 DEVELOPMENT OF THE AFFIRMATIVE ACTION PLAN, AND IS EXPECTED TO CONTINUE
 IN SUCH FUNCTION ESPECIALLY IN THOSE AREAS PERTAINING TO THE WOMEN'S
 PROGRAM.
 
    BASED ON THE FOREGOING, THE AUTHORITY FINDS THE CHARACTER AND EXTENT
 OF MAU'S INVOLVEMENT IN PERSONNEL MATTERS WARRANTS THE CONCLUSION THAT
 SHE IS ENGAGED IN NON-CLERICAL FEDERAL PERSONNEL WORK FOR THE ACTIVITY.
 /6/ SECTION 10(B)(2) OF THE ORDER SPECIFICALLY EXCLUDES FROM BARGAINING
 UNITS EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY
 CLERICAL CAPACITY.  ON SUCH BASIS, WE FIND THAT MARCIA K. MAU SHOULD BE
 EXCLUDED FROM THE UNIT FOUND APPROPRIATE.  /7/
 
    BASED ON THE FOREGOING, THE AUTHORITY FINDS THAT THE FOLLOWING UNIT
 IS APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION UNDER SECTION
 10(B) OF EXECUTIVE ORDER 11491, AS AMENDED:  /8/
 
    ALL GENERAL GRADE, (GENERAL SCHEDULE), /9/ AND WAGE GRADE
 PROFESSIONAL AND NONPROFESSIONAL
 
    EMPLOYEES ASSIGNED TO HEADQUARTERS OF THE FEDERAL DEPOSIT
 CORPORATION, WASHINGTON, D.C.,
 
    EXCLUDING GUARDS, MANAGEMENT OFFICIALS, EMPLOYEES ENGAGED IN FEDERAL
 PERSONNEL WORK IN OTHER
 
    THAN A PURELY CLERICAL CAPACITY, AND SUPERVISORS.
 
    AS STATED ABOVE, THE UNIT FOUND APPROPRIATE INCLUDES PROFESSIONAL
 EMPLOYEES.  HOWEVER, THE AUTHORITY IS PROHIBITED BY SECTION 10(B)(4) OF
 THE ORDER FROM INCLUDING PROFESSIONAL EMPLOYEES IN A UNIT WITH
 NONPROFESSIONAL EMPLOYEES UNLESS A MAJORITY OF THE PROFESSIONAL
 EMPLOYEES VOTES FOR INCLUSION IN SUCH A UNIT.  ACCORDINGLY, THE DESIRES
 OF THE PROFESSIONAL EMPLOYEES AS TO INCLUSION IN A UNIT WITH
 NONPROFESSIONAL EMPLOYEES MUST BE ASCERTAINED.  THE AUTHORITY SHALL
 THEREFORE DIRECT THAT SEPARATE ELECTIONS BE CONDUCTED IN THE FOLLOWING
 GROUPS:
 
    VOTING GROUP (A):  ALL GENERAL GRADED AND WAGE GRADE PROFESSIONAL
 EMPLOYEES ASSIGNED TO
 
    HEADQUARTERS OF THE FEDERAL DEPOSIT INSURANCE CORPORATION,
 WASHINGTON, D.C., EXCLUDING GUARDS,
 
    MANAGEMENT OFFICIALS, EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN
 OTHER THAN A PURELY
 
    CLERICAL CAPACITY, AND SUPERVISORS.
 
    VOTING GROUP (B):  ALL GENERAL GRADED AND WAGE GRADE NONPROFESSIONAL
 EMPLOYEES ASSIGNED TO
 
    HEADQUARTERS OF THE FEDERAL DEPOSIT INSURANCE CORPORATION,
 WASHINGTON, D.C., EXCLUDING GUARDS,
 
    MANAGEMENT OFFICIALS, EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN
 OTHER THAN A PURELY
 
    CLERICAL CAPACITY, AND SUPERVISORS.
 
    EMPLOYEES IN THE NONPROFESSIONAL VOTING GROUP (B) WILL BE POLLED
 WHETHER OR NOT THEY DESIRE TO BE REPRESENTED FOR THE PURPOSE OF
 EXCLUSIVE RECOGNITION BY THE NATIONAL TREASURY EMPLOYEES UNION.
 
    EMPLOYEES IN THE PROFESSIONAL VOTING GROUP (A) WILL BE ASKED TWO
 QUESTIONS ON THEIR BALLOTS:  (1) WHETHER THEY WISH TO BE INCLUDED WITH
 THE NONPROFESSIONAL EMPLOYEES FOR THE PURPOSE OF EXCLUSIVE RECOGNITION,
 AND (2) WHETHER THEY WISH TO BE REPRESENTED FOR THE PURPOSE OF EXCLUSIVE
 RECOGNITION BY THE NATIONAL TREASURY EMPLOYEES UNION.  IN THE EVENT THAT
 A MAJORITY OF THE VALID VOTES OF VOTING (A) ARE CAST IN FAVOR OF
 INCLUSION IN THE SAME UNIT AS NONPROFESSIONAL EMPLOYEES, THE BALLOTS OF
 VOTING GROUP (A) SHALL BE COMBINED WITH THOSE OF VOTING GROUP (B).
 
    UNLESS A MAJORITY OF THE VALID VOTES OF VOTING GROUP (A) ARE CAST FOR
 INCLUSION IN THE SAME UNIT AS NONPROFESSIONAL EMPLOYEES, THEY WILL BE
 TAKEN TO HAVE INDICATED THEIR DESIRE TO CONSTITUTE A SEPARATE UNIT, AND
 AN APPROPRIATE CERTIFICATION WILL BE ISSUED BY THE REGIONAL DIRECTOR
 INDICATING WHETHER OR NOT THE NATIONAL TREASURY EMPLOYEES UNION WAS
 SELECTED BY THE PROFESSIONAL EMPLOYEE UNIT.
 
    THE UNIT DETERMINATION IN THE SUBJECT CASE THUS IS BASED IN PART UPON
 THE RESULTS OF THE ELECTION AMONG THE PROFESSIONAL EMPLOYEES.  HOWEVER,
 THE AUTHORITY MAKES THE FOLLOWING FINDINGS IN REGARD TO THE APPROPRIATE
 UNIT.
 
    1.  IF A MAJORITY OF THE PROFESSIONAL EMPLOYEES DOES NOT VOTE FOR
 INCLUSION IN THE SAME UNIT AS THE NONPROFESSIONAL EMPLOYEES, THE
 AUTHORITY FINDS THE FOLLOWING UNITS APPROPRIATE FOR THE PURPOSES OF
 EXCLUSIVE RECOGNITION WITHIN THE MEANING OF SECTION 10(B) OF THE ORDER:
 
    (A) ALL GENERAL GRADED AND WAGE GRADE PROFESSIONAL EMPLOYEES ASSIGNED
 TO HEADQUARTERS OF
 
    THE FEDERAL DEPOSIT INSURANCE CORPORATION, WASHINGTON, D.C.,
 EXCLUDING GUARDS, MANAGEMENT
 
    OFFICIALS, EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN
 A PURELY CLERICAL
 
    CAPACITY, AND SUPERVISORS.
 
    (B) ALL GENERAL GRADED AND WAGE GRADE NONPROFESSIONAL EMPLOYEES
 ASSIGNED TO HEADQUARTERS OF
 
    THE FEDERAL DEPOSIT INSURANCE CORPORATION, WASHINGTON, D.C.,
 EXCLUDING GUARDS, MANAGEMENT
 
    OFFICIALS, EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN
 A PURELY CLERICAL
 
    CAPACITY, AND SUPERVISORS.
 
    2.  IF A MAJORITY OF THE PROFESSIONAL EMPLOYEES VOTES FOR INCLUSION
 IN THE SAME UNIT AS THE NONPROFESSIONAL EMPLOYEES, THE AUTHORITY FINDS
 THE FOLLOWING UNIT APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION
 WITHIN THE MEANING OF SECTION 10(B) OF THE ORDER:
 
    ALL GENERAL GRADED AND WAGE GRADE PROFESSIONAL AND NONPROFESSIONAL
 EMPLOYEES ASSIGNED TO
 
    HEADQUARTERS OF THE FEDERAL DEPOSIT INSURANCE CORPORATION,
 WASHINGTON, D.C., EXCLUDING GUARDS,
 
    MANAGEMENT OFFICIALS, EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN
 OTHER THAN A PURELY
 
    CLERICAL CAPACITY, AND SUPERVISORS.
 
                          DIRECTION OF ELECTIONS
 
    ELECTION BY SECRET BALLOT SHALL BE CONDUCTED AMONG THE EMPLOYEES IN
 THE UNITS FOUND APPROPRIATE AS EARLY AS POSSIBLE, BUT NOT LATER THAN 60
 DAYS FROM THE DATE BELOW.  THE APPROPRIATE REGIONAL DIRECTOR SHALL
 SUPERVISE THE ELECTIONS, SUBJECT TO THE AUTHORITY'S REGULATIONS.
 ELIGIBLE TO VOTE ARE THOSE IN THE UNITS WHO WERE EMPLOYED DURING THE
 PAYROLL PERIOD IMMEDIATELY PRECEDING THE DATE BELOW, INCLUDING EMPLOYEES
 WHO DID NOT WORK DURING THAT PERIOD BECAUSE THEY WERE OUT ILL, OR ON
 VACATION OR ON FURLOUGH, INCLUDING THOSE IN THE MILITARY SERVICE WHO
 APPEAR IN PERSON AT THE POLLS.  INELIGIBLE TO VOTE ARE ALL EMPLOYEES WHO
 QUIT OR WERE DISCHARGED FOR CAUSE SINCE THE DESIGNATED PAYROLL PERIOD
 AND WHO HAVE NOT BEEN REHIRED OR REINSTATED BEFORE THE ELECTION DATE.
 THOSE ELIGIBLE SHALL VOTE WHETHER OR NOT THEY DESIRE TO BE REPRESENTED
 FOR THE PURPOSE OF EXCLUSIVE RECOGNITION BY THE NATIONAL TREASURY
 EMPLOYEES UNION.
 
    ISSUED, WASHINGTON, D.C., JANUARY 17, 1980
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
    /1/ IN CONTRAST, THE DIVISION OF BANK SUPERVISION IS RESPONSIBLE FOR
 THE EXAMINATION OF BANKS FOR COMPLIANCE WITH REGULATIONS TO INSURE THEIR
 EFFICIENT AND PROPER OPERATION, WHICH FUNCTION IS PERFORMED BY BANK
 EXAMINERS LOCATED IN 14 PERMANENT REGIONAL OFFICES AND 144 FIELD
 OFFICES.
 
    /2/ THE PARTIES STIPULATED TO AND PRESENTED EVIDENCE AT THE HEARING
 THAT LIQUIDATORS-IN-CHARGE ARE SUPERVISORS WITHIN THE MEANING OF SECTION
 2(C) OF THE ORDER.  ACCORDINGL