U.S. Department of Treasury, Bureau of Alcohol, Tobacco and Firearms, Boston District Office, Criminal Enforcement (Activity) and American Federation of Government Employees, AFL-CIO (Petitioner) and International Brotherhood of Police Officers (Intervenor) 



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03:0031(4)RO
The decision of the Authority follows:


 3 FLRA No. 4
 
 U.S. DEPARTMENT OF THE TREASURY,
 BUREAU OF ALCOHOL, TOBACCO AND FIREARMS,
 BOSTON DISTRICT OFFICE, CRIMINAL ENFORCEMENT
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 Petitioner
 
 and
 
 INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS
 Intervenor
 
                                            Case No. 1-RO-13
 
                            DECISION AND ORDER
 
    UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
 UNDER SEC 7111(B)(2) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 STATUTE, 5 U.S.C.  7101-7135, A HEARING WAS HELD BEFORE HEARING OFFICER
 DANIEL F. SUTTON ON OCTOBER 17, 1979.  THE AUTHORITY HAS REVIEWED THE
 HEARING OFFICER'S RULINGS MADE AT THE HEARING AND FINDS THAT THEY ARE
 FREE FROM PREJUDICIAL ERROR.  THE RULINGS ARE HEREBY AFFIRMED.
 
    UPON THE ENTIRE RECORD IN THIS CASE, INCLUDING BRIEFS FILED BY THE
 PETITIONER AND THE ACTIVITY, THE AUTHORITY FINDS:
 
    THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO HEREINAFTER
 AFGE FILED A PETITION FOR A UNIT OF ALL PROFESSIONAL AND NONPROFESSIONAL
 EMPLOYEES OF THE ACTIVITY.  THE ACTIVITY CONTENDS THAT THE PETITION
 SHOULD BE DISMISSED AS THE CRIMINAL ENFORCEMENT DIVISION OF THE BUREAU
 OF ALCOHOL, TOBACCO AND FIREARMS WAS EXCLUDED FROM COVERAGE UNDER
 EXECUTIVE ORDER 11491, AS AMENDED UNDER SEC. 3(B)(3) OF THE ORDER AND
 THAT IT WILL PROBABLY BE EXCLUDED FROM COVERAGE UNDER 7103(B)(1), (A)
 AND (B) OF THE STATUTE.
 
    EXECUTIVE ORDER NO. 12171, ISSUED BY THE PRESIDENT PURSUANT TO THE
 AUTHORITY CONTAINED IN 5 U.S.C. 7103(B), EXCLUDES CERTAIN AGENCIES AND
 AGENCY SUBDIVISIONS FROM COVERAGE UNDER THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE ON THE BASIS THAT THEY HAVE BEEN
 DETERMINED TO HAVE AS A PRIMARY FUNCTION INTELLIGENCE,
 COUNTERINTELLIGENCE, INVESTIGATIVE, OR NATIONAL SECURITY WORK AND THAT
 THE STATUTE CANNOT BE APPLIED TO THEM CONSISTENT WITH NATIONAL SECURITY
 REQUIREMENTS.  SECTION 1-203 OF THIS EXECUTIVE ORDER EXCLUDES THE OFFICE
 OF CRIMINAL ENFORCEMENT, BUREAU OF ALCOHOL, TOBACCO AND FIREARMS,
 DEPARTMENT OF THE TREASURY.
 
    ACCORDINGLY, AS THE PRESIDENT HAS SPECIFICALLY EXCLUDED THE ACTIVITY
 FROM THE COVERAGE OF THE STATUTE, THE AUTHORITY FINDS THAT IT IS WITHOUT
 JURISDICTION IN THE PRESENT CASE, AND THAT THE PETITION MUST THEREFORE
 BE DISMISSED.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE PETITION IN CASE NO. 1-RO-13 BE, AND IT
 HEREBY IS, DISMISSED.
 
    ISSUED, WASHINGTON, D.C., APRIL 4, 1980
 
                       RO