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. ACCORDINGLY, THE AUTHORITY FINDS THAT THE
LIQUIDATORS-IN-CHARGE SHOULD BE EXCLUDED FROM THE UNIT FOUND
APPROPRIATE.
/3/ DEPARTMENT OF STATE, PASSPORT OFFICE, CHICAGO PASSPORT AGENCY,
CHICAGO, ILLINOIS, A/SLMR NO. 698, AS SUPPLEMENTED BY A/SLMR NO. 929 AND
1108, FLRC NO. 76A-149 (12/28/78).
/4/ THE PARTIES STIPULATED AT THE HEARING, WITHOUT EVIDENCE, THAT
LIQUIDATORS WHOSE GRADE LEVELS ARE BELOW GG-11 MAY BE ASSIGNED
SUPERVISORY RESPONSIBILITIES UNDER CERTAIN CIRCUMSTANCES. IN THE
ABSENCE OF SUCH EVIDENCE, THE AUTHORITY MAKES NO FINDINGS AS TO THE
ELIGIBILITY OF THESE EMPLOYEES.
/5/ IN VIEW OF THE FOREGOING, IT WAS CONSIDERED UNNECESSARY TO DECIDE
WHETHER THE ASSOCIATES SHOULD BE EXCLUDED FROM THE UNIT ON THE BASIS
THAT THEY ARE MANAGEMENT OFFICIALS.
/6/ CF. U.S. DEPARTMENT OF AGRICULTURE, FARMERS HOME ADMINISTRATION,
COLORADO, 6 A/SLMR 652, A/SLMR NO. 752(11/18/76).
/7/ IN VIEW OF THE ABOVE, IT WAS CONSIDERED UNNECESSARY TO PASS UPON
WHETHER MAU SHOULD BE EXCLUDED FORM THE UNIT ON THE BASIS THAT SHE IS A
MANAGEMENT OFFICIAL.