Department of Energy, Bonneville Power Administration, Portland, Oregon (Activity-Petitioner) and Columbia Power Trades Council, AFL-CIO (Labor Organization) 

 



[ v02 p654 ]
02:0654(81)AC
The decision of the Authority follows:


 2 FLRA No. 81
 
 DEPARTMENT OF ENERGY,
 BONNEVILLE POWER ADMINISTRATION,
 PORTLAND, OREGON
 Activity-Petitioner
 
 and
 
 COLUMBIA POWER TRADES
 COUNCIL, AFL-CIO
 Labor Organization
 
                                            Assistant Secretary
                                            Case No. 71-4770(AC)
 
                  DECISION AND ORDER AMENDING RECOGNITION
 
    UPON A PETITION FOR AMENDMENT OF RECOGNITION DULY FILED UNDER SECTION
 6 OF EXECUTIVE ORDER 11491, AS AMENDED, A HEARING WAS HELD BEFORE
 HEARING OFFICER DANIEL P. KRAUS ON DECEMBER 1, 1978.  THEREAFTER, ON
 JULY 19, 1979, THE HEARING WAS RECONVENED BEFORE HEARING OFFICER ROBERT
 G. MAYBERRY.
 
    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 (45 F.R. 3482, JANUARY 17, 1980).  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).
 
    THEREFORE, PURSUANT TO SECTION 2400.2 OF THE AUTHORITY'S RULES AND
 REGULATIONS AND SECTION 7135(B) OF THE STATUTE, THE AUTHORITY HAS
 REVIEWED THE RULINGS OF THE HEARING OFFICERS MADE AT THE HEARINGS AND
 FINDS THAT NO PREJUDICIAL ERROR WAS COMMITTED.  THE RULINGS ARE HEREBY
 AFFIRMED.
 
    UPON THE ENTIRE RECORD IN THIS CASE, INCLUDING A BRIEF FILED BY THE
 DEPARTMENT OF ENERGY, BONNEVILLE POWER ADMINISTRATION (ACTIVITY), THE
 AUTHORITY FINDS:  /1/
 
    THE ACTIVITY FILED AN AMENDMENT OF CERTIFICATION (AC) PETITION
 SEEKING TO AMEND THE RECOGNITION GRANTED THE COLUMBIA POWER TRADES
 COUNCIL (COUNCIL) BY CHANGING THE NAME OF THE ACTIVITY FROM BONNEVILLE
 POWER ADMINISTRATION, DEPARTMENT OF INTERIOR, TO BONNEVILLE POWER
 ADMINISTRATION, DEPARTMENT OF ENERGY.  THE CURRENT COLLECTIVE BARGAINING
 AGREEMENT BETWEEN THE ACTIVITY AND THE COUNCIL DATES FROM 1945 AND
 CONTAINS THE ACTIVITY'S RECOGNITION OF THE COUNCIL AS THE EXCLUSIVE
 REPRESENTATIVE OF THE ACTIVITY'S HOURLY EMPLOYEES.  THE COUNCIL'S UNIT
 OF EXCLUSIVE RECOGNITION HAS NOT BEEN CERTIFIED UNDER THE PROCEDURES OF
 EXECUTIVE ORDER 11491, AS AMENDED.  THE COUNCIL ASSERTS THAT THE AC
 PETITION AND THE HEARINGS IN THIS MATTER ARE IN VIOLATION OF THE SAVINGS
 CLAUSES CONTAINED IN EXECUTIVE ORDER 10988, /2/ EXECUTIVE ORDER 11491,
 AS AMENDED, /3/ AND THE STATUTE /4/ WHICH PRESERVE THE CONTINUITY OF THE
 PARTIES' NEGOTIATED AGREEMENT AND THE RECOGNITION CONTAINED THEREIN.
 THE COUNCIL ARGUES THAT NO HARM WOULD ENSUE IF THE PETITION WERE DENIED,
 BECAUSE THE PARTIES ALREADY HAVE AGREED TO ALTER THEIR NEGOTIATED
 AGREEMENT WHEREIN THE RECOGNITION IS CONTAINED BY INCLUDING THE NAME
 CHANGE, AND BECAUSE DENIAL OF THE PETITION WOULD MAINTAIN THE EXISTING
 COLLECTIVE BARGAINING RELATIONSHIP WHICH IS THE PURPOSE OF THE SAVINGS
 CLAUSES.
 
    THE ACTIVITY WAS ESTABLISHED BY THE BONNEVILLE PROJECT ACT OF 1937,
 AS AMENDED, 16 U.S.C. 832, 832A, 832B-8321.  UNDER THAT ACT, THE OFFICE
 OF ADMINISTRATOR OF THE ACTIVITY WAS CONSTITUTED AN OFFICE IN THE
 DEPARTMENT OF THE INTERIOR AND WAS UNDER THE JURISDICTION AND CONTROL OF
 THE SECRETARY OF THE INTERIOR.  IN ACCORDANCE WITH THE ACT, THE
 ADMINISTRATOR OF THE ACTIVITY WAS APPOINTED BY THE SECRETARY OF THE
 INTERIOR, AND HIS FUNCTIONS UNDER THE ACT COULD BE EXERCISED BY THE
 SECRETARY OF THE INTERIOR.
 
    WHEN THE DEPARTMENT OF ENERGY WAS CREATED IN 1977, THE DEPARTMENT OF
 ENERGY ORGANIZATION ACT, 42 U.S.C. 7101-7352, 7152, TRANSFERRED TO THE
 SECRETARY OF ENERGY ALL THE FUNCTIONS OF THE SECRETARY OF THE INTERIOR
 AND OFFICERS AND COMPONENTS OF THE DEPARTMENT OF THE INTERIOR WITH
 RESPECT TO THE BONNEVILLE POWER ADMINISTRATION.  THE ACTIVITY HEREIN WAS
 PRESERVED AS A SEPARATE ENTITY WITH THE DEPARTMENT OF ENERGY, HEADED BY
 AN ADMINISTRATOR AP