Drug Enforcement Administration, Boston District Office, Department of Justice (Activity) and American Federation of Government Employees, Local 3679 (Petitioner); Drug Enforcement Administration, Northeastern Region, Department of Justice (Activity/Petitioner) and American Federation of Government Employees, AFL-CIO, Local 3679 and Local 3550 (Interveners)

 4 FLRA No. 13
 
 DRUG ENFORCEMENT ADMINISTRATION
 BOSTON DISTRICT OFFICE
 DEPARTMENT OF JUSTICE
 Activity
                                            Case No. 1-CU-11
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 3679
 Petitioner
 
 
 DRUG ENFORCEMENT ADMINISTRATION
 NORTHEASTERN REGION
 DEPARTMENT OF JUSTICE
 Activity/petitioner
                                            Case No. 1-RA-1
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-ICO, LOCAL 3679
 AND LOCAL 3550
 Intervenors
 
                            DECISION AND ORDER
 
    UPON PETITIONS DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
 UNDER SECTION 7111(B)(2) OF THE FEDERAL SERVICE LABOR MANAGEMENT
 RELATIONS STATUTE, A HEARING ON THE CONSOLIDATED CASES WAS HELD BEFORE A
 HEARING OFFICER OF THE AUTHORITY.  THE AUTHORITY HAS REVIEWED THE
 HEARING OFFICER'S RULING MADE AT THE HEARING AND FINDS THEY ARE FREE
 FROM PREJUDICIAL ERROR.  THE RULINGS ARE HEREBY AFFIRMED.
 
    UPON THE ENTIRE RECORD IN THESE CASES, AND SUBSEQUENT ISSUANCES
 CONCERNING WHICH THE AUTHORITY TAKES OFFICIAL NOTICE, THE AUTHORITY
 FINDS:
 
    THE DRUG ENFORCEMENT ADMINISTRATION, NORTHEASTERN REGION, DEPARTMENT
 OF JUSTICE (DEA) FILED THE RA PETITION HEREIN (1-RA-1), ASSERTING THAT
 AS A RESULT OF A REORGANIZATION OF THE DEA, ON OCTOBER 1, 1978, THE
 CHARACTER AND SCOPE OF THE BARGAINING UNITS REPRESENTED BY AFGE LOCALS
 3679 AND 3550 RESPECTIVELY HAS SUBSTANTIALLY CHANGED, AND THE UNITS ARE
 NO LONGER APPROPRIATE FOR PURPOSES OF COLLECTIVE BARGAINING.
 
    THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 3679, FILED
 THE CU PETITION HEREIN (1-CU-11), ASSERTING THAT THE BARGAINING UNIT
 REPRESENTED BY AFGE LOCAL 3679 REMAINS APPROPRIATE FOR THE PURPOSES OF
 COLLECTIVE BARGAINING.
 
    AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 3550 AND LOCAL
 3679, HAS INTERVENED IN THE RA PROCEEDING MAINTAINING THAT THE
 BARGAINING UNITS IN WHICH THEY SERVE AS THE EXCLUSIVE REPRESENTATIVE
 REMAIN APPROPRIATE FOR THE PURPOSES OF COLLECTIVE BARGAINING IN SPITE OF
 THE ACTIVITY'S REORGANIZATION.
 
    A REVIEW OF THE RECORD SHOWS THAT ON OCTOBER 1, 1978, A NATIONWIDE
 REORGANIZATION OF THE DRUG ENFORCEMENT ADMINISTRATION (DEA), DEPARTMENT
 OF JUSTICE, WAS INSTITUTED.  PRIOR TO OCTOBER 1, 1978, THE
 ORGANIZATIONAL FRAMEWORK CONSISTED OF TWELVE DOMESTIC REGIONS.  THE
 REORGANIZATION CONSOLIDATED THESE TWELVE REGIONS INTO FIVE.
 
    AS OF OCTOBER 1, 1978, THE BOSTON, NEW YORK AND PHILADELPHIA DOMESTIC
 REGIONS WERE INCORPORATED INTO THE NEWLY CREATED NORTHEASTERN REGION.
 THESE THREE OFFICES WERE THEN DESIGNATED DISTRICT OFFICES, WITH THE
 FORMER REGIONAL DIRECTORS IN BOSTON AND PHILADELPHIA ASSUMING THE
 POSITIONS OF SPECIAL AGENT-IN-CHARGE, AND THE FORMER DIRECTOR OF THE NEW
 YORK REGION ASSUMING THE POSITION OF DIRECTOR OF THE NORTHEASTERN
 REGION.
 
    SOON AFTER THE CLOSE OF THE HEARING, EXECUTIVE ORDER 12171 WAS ISSUED
 BY THE PRESIDENT PURSUANT TO THE AUTHORITY CONTAINED IN 5 U.S.C. 7103(B)
 EXCLUDING 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.
 
    THE PERTINENT PROVISIONS OF EXECUTIVE ORDER 12171 AS IT RELATES TO
 THE SUBJECT PETITION ARE AS FOLLOWS:
 
    1-1 DETERMINATIONS
 
   .          .          .          .
 
 
    1-101.  THE AGENCIES OR SUBDIVISIONS THEREOF SET FORTH IN SECTION 1-2
 OF THIS ORDER ARE
 
    HEREBY DETERMINED TO HAVE AS A PRIMARY FUNCTION INTELLIGENCE,
 COUNTERINTELLIGENCE,
 
    INVESTIGATIVE, OR NATIONAL SECURITY WORK . . . THE AGENCIES OR
 SUBDIVISIONS THEREOF SET FORTH
 
    IN SECTION 1-2 OF THIS ORDER ARE HEREBY EXCLUDED FROM COVERAGE UNDER
 CHAPTER 71 OF TITLE 5 OF
 
    THE UNITED STATES CODE.
 
    1-2 EXCLUSIONS
 
   .          .          .          .
 
 
    1-209.  THE OFFICE OF ENFORCEMENT AND THE OFFICE OF INTELLIGENCE,
 INCLUDING ALL DOMESTIC
 
    FIELD OFFICES AND INTELLIGENCE UNITS, OF THE DRUG ENFORCEMENT
 ADMINISTRATION, DEPARTMENT OF
 
    JUSTICE.
 
    THE AUTHORITY HAS CONSIDERED THE RECORD IN LIGHT OF EXECUTIVE ORDER
 12171, (WHICH AS ALREADY MENTIONED ISSUED AFTER THE DATE OF THE HEARING)
 AND HAS CONCLUDED THE RECORD IS INADEQUATE FOR THE PURPOSE OF MAKING A
 COMPLETE AND ACCURATE DETERMINATION ON THE REPRESENTATIONAL ISSUES
 PRESENTED.  THEREFORE, THE AUTHORITY WILL REMAND THE SUBJECT CASE TO THE
 REGIONAL DIRECTOR FOR THE PURPOSE OF REOPENING THE RECORD TO SECURE
 ADDITIONAL EVIDENCE CONCERNING, BUT NOT LIMITED TO, THE FOLLOWING
 FACTORS:
 
    1.  DESCRIPTION OF THE INTERNAL ORGANIZATIONAL STRUCTURE OF THE DRUG
 ENFORCEMENT ADMINISTRATION (DEA), NATIONAL HEADQUARTERS OFFICE AND EACH
 REGIONAL, DISTRICT AND RESIDENT OFFICE IN REGARDS TO THEIR ENFORCEMENT
 AND INTELLIGENCE OPERATIONS PURSUANT TO DEA REORGANIZATION OF OCTOBER 1,
 1978.
 
    2.  DESCRIPTION OF THE ORGANIZATIONAL LINKAGE BETWEEN NATIONAL
 HEADQUARTERS, REGIONAL, DISTRICT, AND RESIDENT OFFICES IN REGARDS TO
 ENFORCEMENT AND INTELLIGENCE OPERATIONS.
 
    IN ADDITION, THE AUTHORITY NOTES THAT THE PARTIES DID NOT HAVE THE
 OPPORTUNITY TO SUBMIT BRIEFS ON THE IMPACT OF EXECUTIVE ORDER 12171 ON
 THE ISSUES INVOLVED IN THIS CASE.  IN THIS LATTER REGARD, THE AUTHORITY
 INVITES THE VIEWS OF THE PARTIES AS TO THEIR INTERPRETATION AND
 APPLICATION OF THE PERTINENT PROVISIONS OF EXECUTIVE ORDER 12171
 AFFECTING THE ISSUES IN THE INSTANT CASE.
 
    THE PARTIES MAY, HOWEVER, SETTLE ANY ISSUES IN THE INSTANT CASES ON
 THE BASIS OF PROVISIONS OF EXECUTIVE ORDER 12171, OR ENTER IN JOINT
 STIPULATIONS AS TO ANY FACTS ABOUT WHICH THERE IS NO DISPUTE.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE SUBJECT CASES BE, AND THEY HEREBY ARE,
 REMANDED TO THE REGIONAL DIRECTOR FOR APPROPRIATE ACTION CONSISTENT
 HEREWITH.
 
    ISSUED, WASHINGTON, D.C., AUGUST 26, 1980.
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY