Department of Energy, Western Area Power Administration (Activity) and International Brotherhood of Electrical Workers, Local Union No. 640, IBEW; Local Union No. 1245, IBEW; Local Union No. 2159, IBEW; Local Union No. 1759, IBEW; Local Union No. 1959, IBEW; Local Union No. 611, IBEW (Interveners) 

 



[ v03 p77 ]
03:0077(12)CA
The decision of the Authority follows:


 3 FLRA No. 12
 
 DEPARTMENT OF ENERGY
 WESTERN AREA POWER ADMINISTRATION
 Activity
 
 and
 
 INTERNATIONAL BROTHERHOOD OF ELECTRICAL
 WORKERS, LOCAL UNION NO. 640, IBEW;  LOCAL
 UNION NO. 1245, IBEW;  LOCAL UNION NO. 2159,
 IBEW;  LOCAL UNION NO. 1759, IBEW;  LOCAL UNION
 NO. 1959, IBEW;  LOCAL UNION NO. 611, IBEW
 Intervenors
 
                                            Assistant Secretary
                                            Case No. 61-4217(RA)
 
                                   ORDER
 
    WHEREVER THE DECISION AND DIRECTION OF ELECTION ISSUED IN THE
 ABOVE-ENTITLED MATTER REFERS TO "IBEW LOCAL 1749", IT IS HEREBY CHANGED
 TO READ "IBEW LOCAL 1759." THE FOLLOWING FOOTNOTE IS ADDED TO PAGE 2 OF
 THE DECISION AND DIRECTION OF ELECTION AFTER THE WORDS "LOCAL 611":  "
 /1/ ACCORDINGLY, IBEW LOCAL 611 WILL NOT APPEAR ON THE BALLOT AS
 DESCRIBED IN THE DIRECTION OF ELECTION."
 
    THE LAST SENTENCE ON PAGE 6 OF THE DECISION AND DIRECTION OF ELECTION
 STATES:  "THOSE ELIGIBLE SHALL VOTE WHETHER OR NOT THEY DESIRE TO BE
 REPRESENTED FOR THE PURPOSE OF EXCLUSIVE RECOGNITION BY INTERNATIONAL
 BROTHERHOOD OF ELECTRICAL WORKERS OR BY NO UNION." THIS SENTENCE IS
 HEREBY CHANGED SO AS TO READ:  "THOSE ELIGIBLE SHALL VOTE WHETHER OR NOT
 THEY DESIRE TO BE REPRESENTED FOR THE PURPOSE OF EXCLUSIVE RECOGNITION
 BY INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL UNIONS 640,
 1245, 2159, 1759 AND 1959, OR BY NO UNION."
 
    ISSUED, WASHINGTON, D.C., MAY 30, 1980
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
    CORRECTED COPY ATTACHED
 
                    DECISION AND DIRECTION OF ELECTION
 
    UPON A PETITION DULY FILED UNDER SEC. 6 OF EXECUTIVE ORDER 11491, AS
 AMENDED, A HEARING WAS HELD BEFORE HEARING OFFICER, PATRICIA L.
 WIGGLESWORTH.  THE HEARING OFFICER'S 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,
 WERE TRANSFERRED TO THE AUTHORITY UNDER SEC.  304 OF REORGANIZATION PLAN
 NO. 2 OF 1978 (43 F.R. 36040), WHICH TRANSFER OF FUNCTIONS IS
 IMPLEMENTED BY SEC. 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 SEC.  7135(B) OF
 THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (92 STAT. 1215).
 
    UPON THE ENTIRE RECORD IN THIS CASE, INCLUDING THE BRIEFS FILED BY
 THE ACTIVITY AND THE INTERVENORS, THE AUTHORITY FINDS:
 
    THE DEPARTMENT OF ENERGY, WESTERN AREA POWER ADMINISTRATION (WAPA)
 FILED THE SUBJECT PETITION CONTENDING THAT AS A CONSEQUENCE OF THE
 CHANGES RESULTING FROM THE CREATION OF THE DEPARTMENT OF ENERGY (DOE),
 IT HAS A GOOD FAITH DOUBT OF THE CONTINUING APPROPRIATENESS OF ANY
 BARGAINING UNIT IN WHICH ANY LABOR ORGANIZATION ASSERTS IT IS THE
 EXCLUSIVE REPRESENTATIVE OF ITS EMPLOYEES.  WAPA ARGUES THAT THE ONLY
 APPROPRIATE UNIT OF RECOGNITION IS AN ACTIVITY-WIDE UNIT OF WAGE BOARD
 (WB) EMPLOYEES, EXCLUDING SUPERVISORS.  THE PETITION ORIGINALLY
 QUESTIONED ALSO THE CONTINUED APPROPRIATENESS OF EXISTING UNITS OF GS
 EMPLOYEES, AND THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO
 (AFGE) AND THE NATIONAL FEDERATION OF FEDERAL EMPLOYEES (NFFE)
 INTERVENED ON THE BASIS OF THEIR STATUS AS THE EXCLUSIVE REPRESENTATIVE
 OF THOSE UNITS.  HOWEVER, SUBSEQUENT TO THE OPENING OF THE HEARING
 HEREIN, THE WAPA, THE AFGE AND THE NFFE STIPULATED AS TO THE
 APPROPRIATENESS OF A SINGLE, ACTIVITY-WIDE UNIT OF ALL GS EMPLOYEES, AND
 EXECUTED A CONSENT ELECTION AGREEMENT, AND, ON THIS BASIS, THE AFGE AND
 THE NFFE WITHDREW THEIR INTERVENTIONS HEREIN.  THE INTERVENORS HEREIN,
 THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION 640,
 LOCAL UNION 1245, LOCAL UNION 2159, LOCAL UNION 1759, LOCAL UNION 1959,
 AND LOCAL UNION 611, AFL-CIO (IBEW) CONTEND THAT WAPA IS A STATUTORY
 SUCCESSOR OF THE UNITED STATES BUREAU OF RECLAMATION (USBR) IN FIVE
 SEPARATE BARGAINING UNITS AND THAT THE FIVE UNITS CONTINUE TO BE VIABLE
 ENTITIES.  THE INTERVENORS FURTHER CONTEND THAT THE AFFECTED SUPERVISORY
 EMPLOYEES WHO HAVE BEEN MEMBERS OF THE FIVE BARGAINING UNITS PRIOR TO
 1962 SHOULD BE INCLUDED IN ANY UNIT THAT MAY BE FOUND APPROPRIATE.
 
    PRIOR TO OCTOBER 1, 1977, THE SUBJECT EMPLOYEES, WITH OTHERS, WERE
 EMPLOYED BY USBR, WHOSE MISSION INVOLVED THE PRODUCTION, TRANSMISSION
 AND WHOLESALE MARKETING OF ELECTRIC POWER GENERATED AT FEDERAL POWER
 PROJECTS THROUGHOUT A 15 STATE AREA IN THE WESTERN PART OF THE COUNTRY.
 AT THAT TIME, THE WB EMPLOYEES, WHO NUMBERED APPROXIMATELY 1066
 EMPLOYEES, WERE VARIOUSLY ASSIGNED TO SIX USBR ORGANIZATIONAL
 SUB-ELEMENTS LOCATED THROUGHOUT THE 15 STATE AREA.  THESE EMPLOYEES WERE
 REPRESENTED EXCLUSIVELY IN SIX SEPARATE BARGAINING UNITS WHICH WERE
 COEXTENSIVE WITH THE GEOGRAPHICAL AND ORGANIZATIONAL ASSIGNMENTS OF THE
 EMPLOYEES, AND REPRESENTED VARIOUSLY BY EACH OF THE INDIVIDUAL
 INTERVENORS.  AS OF OCTOBER 1, 1977, AS A CONSEQUENCE OF LEGISLATION
 CREATING THE DOE, A SEGMENT OF THESE EMPLOYEES, AND THEIR FUNCTION WERE
 TRANSFERRED TO DOE, AND ASSIGNED TO WAPA.  APPROXIMATELY 408 OF THE
 USBR'S 1066 WB EMPLOYEES INVOLVED IN THE POWER TRANSMISSION AND
 MARKETING FUNCTIONS WHO WERE IN THE BARGAINING UNIT REPRESENTED BY IBEW
 LOCAL UNION 611 RETIRED SUBSEQUENT TO THE REORGANIZATION AND TRANSFER.
 AS A CONSEQUENCE, THERE ARE NO CURRENT WAPA EMPLOYEES WHO WERE
 PREVIOUSLY IN THE BARGAINING UNIT OF USBR EMPLOYEES REPRESENTED BY LOCAL
 611.  /1/ OF THE 151 EMPLOYEES REPRESENTED BY LOCAL 640, 102 WERE
 TRANSFERRED TO WAPA;  OF THE 350 EMPLOYEES REPRESENTED BY LOCAL 1245, 20
 WERE TRANSFERRED TO WAPA;  OF THE 133 EMPLOYEES REPRESENTED BY LOCAL
 2159, 48 WERE TRANSFERRED TO WAPA;  OF THE 201 EMPLOYEES REPRESENTED BY
 LOCAL 1759, 74 WERE TRANSFERRED TO WAPA;  AND, OF THE 200 EMPLOYEES
 REPRESENTED BY LOCAL 1959, 158 WERE TRANSFERRED TO WAPA.
 
    WAPA, WITH HEADQUARTERS IN GOLDEN, COLORADO, IS UNDER THE DIRECTION
 OF AN ADMINISTRATOR, AND SEVERAL ASSISTANT ADMINISTRATORS.
 ORGANIZATIONALLY, WAPA IS SUB-DIVIDED INTO FIVE AREA OFFICES AND SEVEN
 DISTRICT OFFICES.  THE ADMINISTRATOR AND HIS STAFF ARE RESPONSIBLE FOR
 THE OVERALL OPERATION OF WAPA, AND, UNDER GUIDELINES ESTABLISHED BY DOE,
 ESTABLISH OPERATIONAL AND PERSONNEL POLICIES.  EACH AREA OFFICE IS
 RESPONSIBLE WITHIN ITS GEOGRAPHIC AREA, FOR THE POWER MARKETING
 OPERATIONS, INCLUDING PLANNING, CONTRACTING AND NEGOTIATING WITH PUBLIC
 UTILITY COMPANIES AND OTHER MAJOR CUSTOMERS.  THE DISTRICT OFFICES ARE
 RESPONSIBLE, WITHIN THEIR RESPECTIVE GEOGRAPHICAL AREA, FOR THE
 CONSTRUCTION, MAINTENANCE AND REPAIR OF POWER TRANSMISSION LINES AND
 EQUIPMENT.
 
    THE RECORD REVEALS THAT ALL PERSONNEL AND LABOR RELATIONS POLICIES
 ARE ESTABLISHED AND ADMINISTERED BY WAPA HEADQUARTERS, AND ARE UNIFORMLY
 APPLICABLE TO ALL EMPLOYEES, ACTIVITY-WIDE.  SUBSEQUENT TO THE CREATION
 OF WAPA AND THE TRANSFER OF PERSONNEL, THE WB EMPLOYEES HAVE REMAINED IN
 THE SAME LOCATIONS, PERFORMING THE SAME JOBS UNDER THE SAME IMMEDIATE
 SUPERVISION AS THEY HAD UNDER USBR.  FURTHER, THE RECORD ESTABLISHES
 THAT ALL OF THESE EMPLOYEES HAVE BASICALLY SIMILAR JOB CLASSIFICATIONS,
 REQUIRING ESSENTIALLY EQUIVALENT SKILLS, TRAINING AND EDUCATIONS, AND
 HAVE, AND ARE, EXPERIENCING A SIGNIFICANT DEGREE OF INTERCHANGE BETWEEN
 ORGANIZATIONAL UNITS TO MEET EMERGENCY AND/OR WORK OVERLOAD SITUATIONS.
 
    THE RECORD REVEALS THAT CERTAIN EMPLOYEES CLASSIFIED AS FOREMAN, I,
 II, AND III HAVE BEEN INCLUDED AS MEMBERS OF THE BARGAINING UNIT PRIOR
 TO 1962.  AS INDICATED ABOVE, THE WAPA SEEKS TO HAVE THESE EMPLOYEES
 EXCLUDED FROM ANY UNIT OR UNITS FOUND APPROPRIATE BY THE AUTHORITY ON
 THE BASIS OF THEIR ALLEGED SUPERVISORY STATUS.  A PRIMARY REASON THESE
 EMPLOYEES WERE HISTORICALLY IN THE RESPECTIVE UNITS WAS THAT THE WAGE
 RATES OF THESE EMPLOYEES WERE NEGOTIATED BY THE INTERVENORS AND THE USBR
 IN THE SAME MANNER AS THE WAGE RATES OF OTHER EMPLOYEES IN THE UNITS.
 THE RECORD HEREIN DOES NOT SET FORTH THE DUTIES, AUTHORITY AND
 RESPONSIBILITIES OF EMPLOYEES IN THE DISPUTED CLASSIFICATION.
 
    CONTRARY TO THE CONTENTION OF THE INTERVENORS, THE AUTHORITY
 CONCLUDES THAT THE WAPA IS NOT THE SUCCESSOR EMPLOYER TO THE BARGAINING
 RELATIONSHIP BETWEEN THE INTERVENORS AND THE USBR, AND IS THEREFORE NOT
 OBLIGATED TO CONTINUE TO ACCORD TO THE INDIVIDUAL INTERVENORS THE RIGHTS
 OF EXCLUSIVE REPRESENTATIVES.  IN THIS REGARD, THE AUTHORITY NOTES THAT
 THE FEDERAL LABOR RELATIONS COUNCIL, IN ITS DECISION IN DEFENSE SUPPLY
 AGENCY, DEFENSE PROPERTY DISPOSAL OFFICE, ABERDEEN PROVING GROUND,
 ABERDEEN, MARYLAND, 3 FLRC 789, 802, FLRC NO. 74A-22(1975), ESTABLISHED
 THREE CRITERIA WHICH MUST BE MET IN ORDER TO ESTABLISH THAT A GAINING
 EMPLOYER IS A SUCCESSOR OBLIGATED TO RECOGNIZE AN EXCLUSIVE
 REPRESENTATIVE FOR A PREDECESSOR AGENCY OR ACTIVITY:  (1) THE RECOGNIZED
 UNIT IS TRANSFERRED SUBSTANTIALLY INTACT TO THE GAINING EMPLOYER;  (2)
 THE APPROPRIATENESS OF THE UNIT REMAINS UNIMPAIRED IN THE GAINING
 EMPLOYER;  AND, (3) A QUESTION CONCERNING REPRESENTATION IS NOT TIMELY
 RAISED AS TO THE STATUS OF THE INCUMBENT LABOR ORGANIZATION.  AS NOTED
 ABOVE, IN THE SUBJECT CASE THE BARGAINING UNITS WERE NOT TRANSFERRED
 SUBSTANTIALLY INTACT FROM USBR TO WAPA;  RATHER, THE ORIGINAL UNITS
 CONTAINING SIGNIFICANT NUMBERS OF USBR EMPLOYEES REMAINED AND CONTINUED
 TO BE RECOGNIZED BY THE USBR.  THUS, IT IS CLEAR THAT THE WAPA IS NOT
 THE SUCCESSOR EMPLOYER TO THE BARGAINING UNITS REPRESENTED EXCLUSIVELY
 BY THE INTERVENORS.
 
    WITH REGARD TO ISSUE OF APPROPRIATENESS OF UNIT, THE AUTHORITY
 CONCLUDES, IN AGREEMENT WITH THE WAPA, THAT AN ACTIVITY-WIDE UNIT OF ALL
 WB EMPLOYEES WOULD BE APPROPRIATE.  THUS, AS NOTED ABOVE, SUCH A UNIT
 WOULD EMBRACE EMPLOYEES WHO SHARE IN A COMMON MISSION, ENJOY COMMON
 OVERALL SUPERVISION, ARE EMPLOYED IN SUBSTANTIALLY AND EDUCATION,
 EXPERIENCE A SIGNIFICANT DEGREE OF INTERCHANGE, AND ARE SUBJECT TO
 UNIFORM PERSONNEL AND LABOR RELATIONS POLICIES.  UNDER THESE
 CIRCUMSTANCES, THE AUTHORITY FINDS THAT SUCH UNIT INCLUDES ALL EMPLOYEES
 WHO SHARE A CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST SEPARATE AND
 DISTINCT FROM OTHER EMPLOYEES OF THE ACTIVITY.  MOREOVER, SUCH UNIT WILL
 PROMOTE EFFECTIVE DEALINGS AND EFFICIENCY OF AGENCY OPERATIONS.  IN THIS
 REGARD, THE AUTHORITY NOTES THAT SUCH A UNIT IS COEXTENSIVE WITH THE
 ORGANIZATIONAL STRUCTURE OF THE WAPA, EXISTS AT THE LEVEL AT WHICH
 PERSONNEL AND LABOR RELATIONS POLICIES ARE ESTABLISHED, AND PREVENTS
 FRAGMENTATION OF THE EMPLOYEES, PROMOTING A MORE COMPREHENSIVE
 BARGAINING UNIT STRUCTURE WITHIN THE WAPA.
 
    THE RECORD EVIDENCE IS INSUFFICIENT UPON WHICH A DETERMINATION OF THE
 SUPERVISORY STATUS OF FOREMAN, I, II, AND III CAN BE BASED.  HOWEVER, AS
 ALREADY INDICATED, THESE WORKERS WERE INCLUDED AS MEMBERS OF THE
 BARGAINING UNITS AT USBR SINCE BEFORE 1962 AND THEIR WAGE RATES WERE
 NEGOTIATED IN THE SAME MANNER AS THE WAGE RATES OF OTHER PERSONNEL IN
 THE UNITS.  CONGRESSMAN FORD STATED WITH RESPECT TO THE BARGAINING
 PRACTICES CONCERNING THESE "TRADE AND CRAFT EMPLOYEES IN UNITS OR
 PORTIONS OF UNITS" TRANSFERRED FROM INTERIOR TO DOE THAT:  "THIS HAS
 PRODUCED SOME OF THE MOST STABLE AND EFFECTIVE COLLECTIVE BARGAINING IN
 THE HISTORY OF PUBLIC EMPLOYEE LABOR RELATIONS" (124 CONG.REC. H8469,
 AUG. 11, 1978).  TO DISRUPT THE HISTORICAL INCLUSION OF FOREMAN, I, II,
 AND III WITH THE NONSUPERVISORY EMPLOYEES IN ANY UNIT ESTABLISHED AT
 WAPA THROUGH THE PERIOD OF THE EXECUTIVE ORDERS AND BEFORE COULD
 FRUSTRATE THE LONG HISTORY OF STABLE AND EFFECTIVE COLLECTIVE
 BARGAINING.  ACCORDINGLY, IN THE SPECIAL CIRCUMSTANCES OF THIS CASE, WE
 INCLUDE FOREMAN, I, II, AND III IN THE UNIT HERE FOUND APPROPRIATE,
 WITHOUT PASSING UPON THEIR SUPERVISORY STATUS.
 
    ACCORDINGLY, THE AUTHORITY FINDS THE FOLLOWING TO CONSTITUTE AN
 APPROPRIATE UNIT FOR THE PURPOSE OF EXCLUSIVE RECOGNITION UNDER
 EXECUTIVE ORDER 11491, AS AMENDED:  /2/
 
    ALL WAGE BOARD (WB) EMPLOYEES OF THE DEPARTMENT OF ENERGY, WESTERN
 AREA POWER
 
    ADMINISTRATION, INCLUDING EMPLOYEES CLASSIFIED AS FOREMAN I, FOREMAN
 II OR FOREMAN III,
 
    EXCLUDING MANAGEMENT OFFICIALS, CONFIDENTIAL EMPLOYEES, EMPLOYEES
 ENGAGED IN FEDERAL PERSONNEL
 
    WORK IN OTHER THAN A PURELY CLERICAL CAPACITY, AND SUPERVISORS AS
 DEFINED IN THE ORDER.
 
    DURING THE PROCEEDING AND IN THE PARTIES' ACCOMPANYING BRIEFS, THE
 PARTIES INDICATED SUBSTANTIAL CONCERN AS TO THE POSSIBLE EFFECT OF THE
 DECISION OF THE AUTHORITY HEREIN ON THE SCOPE OF BARGAINING WHICH THE
 WAGE BOARD EMPLOYEES HAD PREVIOUSLY ENJOYED AT USBR.  IN THIS REGARD, IT
 APPEARS FROM THE RECORD THAT, PRIOR TO THE ESTABLISHMENT OF DOE AND
 WAPA, AND DATING BACK TO THE 1950'S THE WAGES OF THESE EMPLOYEES WERE
 DETERMINED BY NEGOTIATION ON A PREVAILING WAGE BASIS, THAT IS, BY WAGE
 SURVEY OF IDENTICAL CRAFT POSITIONS WITHIN THE AREA OF JURISDICTION OF
 THE RESPECTIVE IBEW LOCALS HERE INVOLVED.  THIS SCOPE OF BARGAINING
 ENABLED USBR TO COMPETE WITH PRIVATE INDUSTRY IN ATTRACTING EMPLOYEES
 WITH THE HIGH DEGREE OF COMPETENCE REQUIRED FOR THE FULFILLMENT OF THE
 AGENCY'S MISSION.  THE LEGISLATIVE HISTORY OF THE CIVIL SERVICE REFORM
 ACT OF 1978 SHOWS THE INTENT OF CONGRESS THAT THE WAGE BOARD EMPLOYEES
 TRANSFERRED FROM INTERIOR TO DOE SHOULD CONTINUE TO ENJOY THIS BROAD
 SCOPE OF BARGAINING AT DOE SIMILAR TO THAT WHICH HAS EXISTED AT
 INTERIOR.  THUS, THE CONFERENCE COMMITTEE, IN DISCUSSING SEC. 704 OF
 TITLE VII OF THE CSRA (92 STAT. 1218), AS SUBSEQUENTLY ENACTED, STATED:
 
    AS REVISED, (SECTION 704) OVERRULES THE DECISION OF THE COMPTROLLER
 GENERAL . . . RELATING
 
    TO CERTAIN NEGOTIATED CONTRACTS APPLICABLE TO EMPLOYEES UNDER THE
 DEPARTMENT OF THE INTERIOR
 
    AND THE DEPARTMENT OF ENERGY.  THIS SECTION ALSO PROVIDES SPECIFIC
 STATUTORY AUTHORIZATION FOR
 
    THE NEGOTIATION OF WAGES, TERMS AND CONDITIONS OF EMPLOYMENT AND
 OTHER EMPLOYMENT BENEFITS
 
    TRADITIONALLY NEGOTIATED BY THESE EMPLOYEES IN ACCORDANCE WITH
 PREVAILING PRACTICES IN THE
 
    PRIVATE SECTOR OF THE ECONOMY (H. REP. NO. 95-1717, OCT. 5, 1978, AT
 159).
 
    SIMILARLY, CONGRESSMAN FORD, IN EXPLAINING HIS PROPOSED AMENDMENT OF
 THE HOUSE BILL WHICH LEAD TO THE ADOPTION OF SEC. 704, STATED:
 
    DURING COMMITTEE MARKUP, I OFFERED AN AMENDMENT . . . WHICH IS
 INTENDED TO PRESERVE THE
 
    SCOPE OF COLLECTIVE BARGAINING HERETOFORE ENJOYED BY CERTAIN TRADE
 AND CRAFT EMPLOYEES.  THIS
 
    INCLUDES CERTAIN TRADE AND CRAFT EMPLOYEES OF THE DEPARTMENT OF THE
 INTERIOR, AND THOSE TRADE
 
    AND CRAFT EMPLOYEES IN UNITS OR PORTIONS OF UNITS, TRANSFERRED,
 EFFECTIVE OCTOBER 1, 1977,
 
    FROM THE DEPARTMENT OF THE INTERIOR TO THE DEPARTMENT OF ENERGY (124
 CONG.REC. H8468, AUG. 11,
 
    1978).
 
    UNDER THESE CIRCUMSTANCES IT IS THE AUTHORITY'S VIEW THAT THE SUBJECT
 EMPLOYEES SHALL CONTINUE TO HAVE THE RIGHT TO NEGOTIATE WAGES AND OTHER
 TERMS AND CONDITIONS OF EMPLOYMENT AT DOE (THROUGH THEIR EXCLUSIVE
 REPRESENTATIVE), ANALOGOUS TO THAT WHICH HAD EXISTED AT USBR AND
 REGARDLESS OF THE IDENTITY OF THE REPRESENTATIVE SELECTED BY THE
 EMPLOYEES IN THE UNIT FOUND APPROPRIATE.
 
                           DIRECTION OF ELECTION
 
    AN ELECTION BY SECRET BALLOT SHALL BE CONDUCTED AMONG THE EMPLOYEES
 OF THE UNIT FOUND APPROPRIATE AS EARLY AS POSSIBLE, BUT NOT LATER THAN
 60 DAYS FROM THE DATE BELOW.  THE APPROPRIATE REGIONAL DIRECTOR SHALL
 SUPERVISE THE ELECTION, SUBJECT TO THE AUTHORITY'S RULES AND
 REGULATIONS.  ELIGIBLE TO VOTE ARE THOSE IN THE UNIT 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
 MILITARY SERVICE WHO APPEAR IN PERSON AT THE POLLS.  INELIGIBLE TO VOTE
 ARE EMPLOYEES WHO HAVE QUIT OR WERE DISCHARGED FOR CAUSE SINCE THE
 DESIGNATED PAYROLL PERIOD AND 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
 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL UNIONS 640, 1245,
 2159, 1759 AND 1959, OR BY NO UNION.
 
    ISSUED, WASHINGTON, D.C., MAY 29, 1980
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
            ORDER DENYING ACTIVITY'S MOTION FOR RECONSIDERATION
 
    THE ACTIVITY MOVED THAT THE AUTHORITY RECONSIDER ITS DECISION TO
 INCLUDE FOREMAN I, II AND III IN THE BARGAINING UNIT SET FORTH IN ITS
 DECISION AND DIRECTION OF ELECTION IN THE INSTANT CASE.  THE INTERVENORS
 FILED AN OPPOSITION TO THIS MOTION.
 
    THE MOTION FOR RECONSIDERATION IS DENIED.  UPON CAREFUL CONSIDERATION
 OF THE ACTIVITY'S MOTION, THE INTERVENORS' OPPOSITION THERETO, AND FOR
 THE REASONS SET FORTH IN DEPARTMENT OF ENERGY, WESTERN AREA POWER
 ADMINISTRATION AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,
 LOCAL UNION 640, 1245, 2159, 1759, 1959 AND 611, 3 FLRA 12, A/SLMR NO.
 61-4217(RA), (MAY 30, 1980) THE AUTHORITY DENIES ACTIVITY'S MOTION FOR
 RECONSIDERATION.  THE ACTIVITY RAISES NO ARGUMENTS THAT WERE NOT
 PREVIOUSLY CONSIDERED AND DECIDED BY THE AUTHORITY.  IT IS NOTED FURTHER
 THAT THE BALLOTS FOR THE ELECTION IN THE INSTANT CASE WERE MAILED TO
 EMPLOYEES OF THE BARGAINING UNIT ON JUNE 10, 1980, AND THESE BALLOTS ARE
 TO BE COUNTED ON JULY 7, 1980.
 
    ACCORDINGLY, SINCE NO ADEQUATE REASON HAS BEEN ADVANCED BY THE
 ACTIVITY IN SUPPORT OF ITS REQUEST FOR RECONSIDERATION.
 
    IT IS HEREBY ORDERED THAT THE ACTIVITY'S MOTION FOR RECONSIDERATION
 IN THIS MATTER BE, AND IT HEREBY IS, DENIED.
 
    ISSUED, WASHINGTON, D.C., JUNE 30, 1980
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
                          CERTIFICATE OF SERVICE
 
    COPIES OF THE ORDER DENYING RESPONDENT'S MOTION FOR RECONSIDERATION
 IN THE SUBJECT PROCEEDING HAVE THIS DAY BEEN MAILED TO THE PARTIES
 BELOW:
 
    DEPARTMENT OF ENERGY
 
    WESTERN AREA POWER ADMINISTRATION
 
    P. O. BOX 3402
 
    GOLDEN, COLORADO 80401
 
    STEVEN D. BRUMLEY
 
    ASSISTANT GENERAL COUNSEL
 
    WESTERN AREA POWER ADMINISTRATION
 
    U.S. DEPARTMENT OF ENERGY
 
    P. O. BOX 3402
 
    GOLDEN, COLORADO 80401
 
    B. B. BOATMAN
 
    CHIEF, LABOR MANAGEMENT AND EMPLOYEE
 
    RELATIONS SECTION,
 
    WESTE