U.S. Department of Labor, Office of Inspector General, Region I, Boston, Massachusetts (Activity) and National Council of Field Labor Locals, AFGE Local 948, AFL-CIO (Petitioner)

 



[ v07 p834 ]
07:0834(141)CU
The decision of the Authority follows:


 7 FLRA No. 141
 
 U.S. DEPARTMENT OF LABOR,
 OFFICE OF INSPECTOR GENERAL,
 REGION I, BOSTON, MASSACHUSETTS
 Activity
 
 and
 
 NATIONAL COUNCIL OF FIELD
 LABOR LOCALS, AFGE, AFL-CIO,
 LOCAL 948
 Petitioner
 
                                            Case No. 1-CU-27
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    AS A RESULT OF A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS
 AUTHORITY UNDER SECTION 7111(B)(2) OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE), A HEARING WAS HELD
 BEFORE A HEARING OFFICER OF THE AUTHORITY.  THE AUTHORITY HAS REVIEWED
 THE HEARING OFFICER'S RULINGS MADE AT THE HEARING AND FINDS THAT THEY
 ARE FREE FORM PREJUDICIAL ERROR.  THE RULINGS ARE HEREBY AFFIRMED.
 
    THE NATIONAL COUNCIL OF FIELD LABOR LOCALS, AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO (COUNCIL) HOLDS EXCLUSIVE REPRESENTATION
 RIGHTS FOR A UNIT, AS STIPULATED BY THE PARTIES, CONSISTING OF:
 
    ALL PROFESSIONAL AND NON-PROFESSIONAL EMPLOYEES STATIONED THROUGHOUT
 THE NATION IN FIELD
 
    DUTY STATIONS OF THE DEPARTMENT INCLUDING FIELD DUTY STATIONS LOCATED
 WITHIN THE WASHINGTON,
 
    D.C., METROPOLITAN AREA, EXCEPT NON-CLERICAL EMPLOYEES OF THE LABOR
 MANAGEMENT SERVICES
 
    ADMINISTRATION, EMPLOYEES SERVING IN TEMPORARY APPOINTMENTS OF LESS
 THAN ONE YEAR'S DURATION,
 
    OR EMPLOYEES EXCLUDED UNDER THE PARTIES' COLLECTIVE BARGAINING
 AGREEMENT.
 
    LOCAL 948, A LOCAL THAT IS PART OF THE COUNCIL, FILED THE INSTANT
 PETITION, WHICH SEEKS TO CLARIFY THE ABOVE UNIT BY INCLUDING ALL
 NON-SUPERVISORY EMPLOYEES OF THE OFFICE OF AUDIT (WITHIN THE OFFICE OF
 INSPECTOR GENERAL, HEREIN OIG) LOCATED IN REGION I (BOSTON,
 MASSACHUSETTS).
 
    THE ACTIVITY OPPOSES THIS PETITION ON SEVERAL GROUNDS.  IT CONTENDS,
 FIRST, THAT THE AUDIT PROFESSIONALS WOULD BE EXEMPT FROM INCLUSION IN
 ANY BARGAINING UNIT UNDER SECTION 7112(B)(7) OF THE STATUTE BECAUSE
 THEIR DUTIES DIRECTLY AFFECT THE INTERNAL SECURITY OF THE AGENCY.
 SECONDLY, THE ACTIVITY CONTENDS THAT THE AUDIT PROFESSIONALS ARE EXEMPT
 FROM INCLUSION UNDER SECTION 7112(C) OF THE STATUTE BECAUSE THEIR DUTIES
 INCLUDE THE ADMINISTRATION OF A LAW RELATING TO LABOR-MANAGEMENT
 RELATIONS.  THIRDLY, THE PROPOSED UNIT IS CONTENDED TO BE INAPPROPRIATE
 BECAUSE THE EMPLOYEES IN THE OFFICE OF AUDIT IN OIG REGION I DO NOT
 POSSESS A COMMUNITY OF INTEREST SEPARATE AND DISTINCT FROM OTHER OIG
 EMPLOYEES IN REGION I AND OTHER OIG EMPLOYEES ACROSS THE COUNTRY, AND
 BECAUSE THE PROPOSED UNIT WOULD NOT PROMOTE THE EFFICIENCY OF AGENCY
 OPERATIONS.
 
    OIG IS A DIVISION OF THE DEPARTMENT OF LABOR RESPONSIBLE FOR:
 CONDUCTING AUDITS AND INVESTIGATIONS RELATING TO INTERNAL DEPARTMENT OF
 LABOR OPERATIONS, AS WELL AS "EXTERNAL" PROGRAM GRANTEES;  PROMOTING
 ECONOMY, EFFICIENCY, AND EFFECTIVENESS OF DEPARTMENT OF LABOR
 OPERATIONS;  AND PREVENTING AND DETECTING FRAUD, WASTE AND ABUSE IN SUCH
 OPERATIONS.  INCLUDED IN THE OIG IS THE OFFICE OF AUDIT.  THE EMPLOYEES
 IN THE OFFICE OF AUDIT ARE RESPONSIBLE FOR THE CONDUCT OF AUDITS OF
 DEPARTMENT OF LABOR PROGRAMS AND THE EMPLOYEES WHO RUN THESE PROGRAMS,
 POTENTIALLY AUDITING TO UNCOVER EMPLOYEE FRAUD, MISUSE OF FUNDS, OR
 MALFEASANCE.  THESE INTERNAL AUDITS REVIEW SUCH EMPLOYEE INFORMATION AS
 TRAVEL VOUCHERS, PAYROLL RECORDS, TIME AND ATTENDANCE RECORDS AND GSA
 CAR VOUCHERS.  EMPLOYEES OF THE OFFICE OF AUDIT ALSO HAVE HAD AUDIT
 FUNCTIONS RELATED TO MATTERS EXTERNAL TO DEPARTMENT EMPLOYEES, I.E.,
 PROGRAM GRANTEES, BUT THE RECORD REFLECTS THAT SUCH ASSIGNMENTS ARE
 BEING PHASED AWAY FROM THE OFFICE OF AUDIT, WHICH WILL THEN EXCLUSIVELY
 DEAL WITH INTERNAL AUDITS.
 
    WITH RESPECT TO AUDIT FUNCTIONS RELATING TO THE WORK OF DEPARTMENT OF
 LABOR EMPLOYEES, SECTION 7112(B)(7) OF THE STATUTE PRECLUDES THE
 INCLUSION IN AN APPROPRIATE UNIT OF:
 
    (7) ANY EMPLOYEE PRIMARILY ENGAGED IN INVESTIGATION OR AUDIT
 FUNCTIONS RELATING TO THE WORK
 
    OF INDIVIDUALS EMPLOYED BY AN AGENCY WHOSE DUTIES DIRECTLY AFFECT THE
 INTERNAL SECURITY OF THE
 
    AGENCY, BUT ONLY IF THE FUNCTIONS ARE UNDERTAKEN TO ENSURE THAT THE
 DUTIES ARE DISCHARGED
 
    HONESTLY AND WITH INTEGRITY.
 
    IT IS CLEAR FROM THE RECORD THAT EMPLOYEES OF THE OFFICE OF AUDIT ARE
 ENGAGED IN INVESTIGATION AND AUDIT FUNCTIONS RELATING TO THE WORK OF
 INDIVIDUALS EMPLOYED BY THE DEPARTMENT OF LABOR, AND SUCH FUNCTIONS ARE
 WITHIN THE SCOPE OF SECTION 7112(B)(7) EXCLUSION.  THE SOLE ISSUE RAISED
 BY THE COUNCIL CONCERNS WHETHER THESE EMPLOYEES ARE "PRIMARILY" ENGAGED
 IN THESE FUNCTIONS, RATHER THAN MATTERS RELATED TO EXTERNAL AUDITS.
 WHILE THE RECORD REFLECTS THAT EXTERNAL AUDITS HAVE OCCUPIED A
 SIGNIFICANT PORTION OF THE TIME OF EMPLOYEES OF THE OFFICE OF AUDIT, THE
 RECORD DEMONSTRATES THAT WITH THE CONCLUSION OF THE SHIFT IN
 ASSIGNMENTS, THE "PRIMARILY" TEST WILL BE MET.
 
    ACCORDINGLY, AS THE CLARIFICATION SOUGHT BY THE PETITION HEREIN SEEKS
 TO INCLUDE EMPLOYEES WHO IT IS FOUND ARE EXCLUDED BY SECTION 7112(B)(7)
 OF THE STATUTE, THE PETITION WILL BE DISMISSED.  /1/
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE PETITION IN CASE NO. 1-CU-27 BE, AND IT
 HEREBY IS, DISMISSED.
 
    ISSUED, WASHINGTON, D.C., JANUARY 29, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ IN VIEW OF OUR FINDING, THE AUTHORITY FINDS IT UNNECESSARY TO
 ADDRESS THE ACTIVITY'S VARIOUS ALTERNATIVE ARGUMENTS.