U.S. International Trade Commission, New York Office (Activity) and American Federation of Government Employees, Local 2211, AFL-CIO (Petitioner)

 8 FLRA No. 67
 
 U.S. INTERNATIONAL TRADE COMMISSION,
 NEW YORK OFFICE
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 2211, AFL-CIO
 Petitioner
 
                                            Case No. 2-RO-33
 
                            DECISION AND ORDER
 
    UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
 UNDER SECTION 7111(B)(1) 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 FROM
 PREJUDICIAL ERROR.  THE RULINGS ARE HEREBY AFFIRMED.
 
    UPON THE ENTIRE RECORD IN THE SUBJECT CASE, INCLUDING BRIEFS
 SUBMITTED BY THE PETITIONER AND THE ACTIVITY, THE AUTHORITY FINDS:  THE
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 2211, AFL-CIO (AFGE),
 FILED A PETITION SEEKING AN ELECTION IN A UNIT OF EMPLOYEES, DESCRIBED
 AS FOLLOWS:
 
    INCLUDED:  ALL PROFESSIONAL AND NON-PROFESSIONAL GENERAL SCHEDULE
 EMPLOYEES OF THE
 
    U.S. INTERNATIONAL TRADE COMMISSION IN THE NEW YORK OFFICE.
 
    EXCLUDED:  MANAGEMENT OFFICIALS, SUPERVISORS, EMPLOYEES ENGAGED IN
 FEDERAL PERSONNEL WORK
 
    IN OTHER THAN A PURELY CLERICAL CAPACITY, AND EMPLOYEES OF THE
 GRAPHICS SECTION.  /1/
 
    THE PETITIONER CONTENDS, IN EFFECT, THAT THE PETITIONED FOR UNIT IS
 RESIDUAL AND REQUESTED AT THE HEARING THAT THE EMPLOYEES BE INCLUDED IN
 IN ITS EXISTING EXCLUSIVELY RECOGNIZED UNIT IN WASHINGTON, D.C.
 
    THE INTERNATIONAL TRADE COMMISSION (COMMISSION), FORMERLY KNOWN AS
 THE U.S. TARIFF COMMISSION, IS CHARGED WITH THE MISSION OF SERVING THE
 PRESIDENT, CONGRESS AND THE PUBLIC IN MATTERS OF COMPLAINTS OF INJURY
 DEALING WITH IMPORTS.  FOR APPROXIMATELY TWENTY YEARS THE COMMISSION HAS
 MAINTAINED THE ACTIVITY AS ITS FIELD OFFICE IN NEW YORK CITY, AND AT THE
 TIME OF THE HEARING THE ACTIVITY WAS THE ONLY OFFICE MAINTAINED BY THE
 COMMISSION OUTSIDE OF ITS WASHINGTON HEADQUARTERS OFFICE.
 
    SINCE NOVEMBER 18, 1970, THE PETITIONER HAS REPRESENTED THE
 PROFESSIONAL AND NONPROFESSIONAL HEADQUARTERS GENERAL SCHEDULE
 EMPLOYEES
 OF THE AGENCY LOCATED IN WASHINGTON, D.C.  THE RECORD DISCLOSES THAT THE
 PETITIONER AND THE AGENCY ARE PARTIES TO A COLLECTIVE BARGAINING
 AGREEMENT COVERING EMPLOYEES IN THIS UNIT WHICH BECAME EFFECTIVE ON
 NOVEMBER 2, 1979.  /2/
 
    AT THE TIME OF FILING, THE PETITIONED FOR EMPLOYEES CONSTITUTED A
 RESIDUAL UNIT COMPRISED OF ALL THE ELIGIBLE EMPLOYEES OF THE AGENCY WHO
 WERE NOT IN A UNIT OF EXCLUSIVE RECOGNITION.  /3/
 
    SUBSEQUENT TO THE FILING OF THE PETITION HEREIN ON AUGUST 29, 1980,
 BUT PRIOR TO THE HEARING, THE AGENCY ANNOUNCED A REORGANIZATION
 EFFECTIVE NOVEMBER 7, 1980 BY WHICH THE AGENCY CLOSED ITS NEW YORK
 OFFICE AND TRANSFERRED ALL EMPLOYEES TO HEADQUARTERS IN WASHINGTON, D.C.
 WITH THE EXCEPTION OF TWO CUSTOM RECORDS ANALYSTS WHO REMAINED IN NEW
 YORK CITY.  ALTHOUGH THE PETITIONER FILED A REPRESENTATION PETITION,
 UPON CONSIDERATION OF THE ENTIRE HEARING RECORD, INCLUDING THE
 SUBSEQUENT REORGANIZATION, THE RESIDUAL NATURE OF THE REMAINING AGENCY
 EMPLOYEES WORKING IN NEW YORK CITY AND THE PETITIONER'S REQUEST TO, IN
 EFFECT, ACCRETE SUCH EMPLOYEES INTO ITS ALREADY EXISTING UNIT, THE
 AUTHORITY VIEWS SUCH PETITION AS RAISING A UNIT CLARIFICATION ISSUE
 RATHER THAN A QUESTION CONCERNING REPRESENTATION.  ACCORDINGLY, THE
 DECISION HEREIN WILL BE LIMITED TO WHETHER THE EXISTING UNIT OF
 HEADQUARTERS EMPLOYEES SHOULD BE CLARIFIED TO INCLUDE THE TWO CUSTOMS
 RECORDS ANALYSTS ASSIGNED TO WORK IN NEW YORK CITY.
 
    AS STATED ABOVE, AS A CONSEQUENCE OF THE REORGANIZATION EFFECTIVE
 NOVEMBER 7, 1980, THE AGENCY CLOSED ITS NEW YORK OFFICE AND TRANSFERRED
 ALL THE EMPLOYEES TO WASHINGTON, EXCEPT FOR THE TWO CUSTOMS RECORDS
 ANALYSTS WHO REMAINED IN NEW YORK CITY.  BASICALLY ALL FUNCTIONS OF THE
 NEW YORK OFFICE WERE TRANSFERRED TO THE APPROPRIATE FUNCTIONAL
 ORGANIZATION AT THE WASHINGTON, D.C. HEADQUARTERS OF THE AGENCY.
 ALTHOUGH THE DUTIES OF THE CUSTOMS RECORDS ANALYSTS LOCATED IN NEW YORK
 CITY REMAINED ESSENTIALLY THE SAME FOLLOWING REORGANIZATION,
 ORGANIZATIONALLY THEY WERE ASSIGNED TO THE OFFICE OF INDUSTRIES,
 CHEMICALS AND ENERGY DIVISION, WHICH IS LOCATED IN WASHINGTON, D.C.  THE
 RECORD REVEALS THAT THE CUSTOMS RECORDS ANALYSTS REPORT TO A SUPERVISOR
 IN WASHINGTON, D.C., HEADQUARTERS OF THE COMMISSION, AND ARE SUBJECT TO
 THE PERSONNEL POLICIES AND PRACTICES COMMON TO ALL THE AGENCY'S
 EMPLOYEES.
 
    BASED ON THE ENTIRE RECORD AND THE CIRCUMSTANCES OF THIS CASE, THE
 AUTHORITY FINDS THAT THE UNIT REPRESENTED EXCLUSIVELY BY THE PETITIONER
 SHOULD BE CLARIFIED BY INCLUDING IN SUCH UNIT CUSTOMS RECORDS ANALYSTS
 ASSIGNED TO WORK IN NEW YORK CITY.  IN REACHING THIS CONCLUSION, THE
 AUTHORITY NOTES THAT THE EMPLOYEES IN NEW YORK CITY AND THE EMPLOYEES OF
 THE CHEMICAL AND ENERGY DIVISION, OFFICE OF INDUSTRIES, ARE ENGAGED IN
 COMMON AND INTEGRATED WORK PROCESSES, ENJOY COMMON MISSION AND COMMON
 SUPERVISION, AND ARE SUBJECT TO UNIFORM PERSONNEL AND LABOR RELATIONS
 POLICIES AND, THUS, SHARE A CLEAR AND IDENTIFIABLE COMMUNITY OF
 INTEREST.  FURTHER, IT IS CLEAR FROM THE RECORD THAT THE CUSTOMS RECORDS
 ANALYSTS ARE ORGANIZATIONALLY AND FUNCTIONALLY INTEGRATED WITH OTHER
 EMPLOYEES OF THE AGENCY, AND THAT THE AGENCY'S PERSONNEL AND LABOR
 RELATIONS ARE THE AGENCY, AND THAT THE AGENCY'S PERSONNEL AND LABOR
 RELATIONS ARE ESTABLISHED AND IMPLEMENTED ON AN AGENCY-WIDE BASIS.
 UNDER THESE CIRCUMSTANCES, THE AUTHORITY FINDS THAT THE UNIT, AS
 CLARIFIED, WILL PROMOTE EFFECTIVE DEALINGS AND EFFICIENCY OF AGENCY
 OPERATIONS.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE UNIT FOR WHICH THE AMERICAN FEDERATION
 OF GOVERNMENT EMPLOYEES, LOCAL 2211, AFL-CIO IS THE EXCLUSIVE
 REPRESENTATIVE BE, AND IT HEREBY IS, CLARIFIED BY INCLUDING IN SUCH UNIT
 EMPLOYEES CLASSIFIED AS CUSTOMS RECORDS ANALYST AND ASSIGNED TO WORK IN
 NEW YORK CITY, NEW YORK.
 
    ISSUED, WASHINGTON, D.C., MARCH 26, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                          FEDERAL LABOR RELATIONS
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ THE UNIT IS DESCRIBED AS AMENDED AT THE HEARING.
 
    /2/ IN ADDITION, THE AUTHORITY IS ADMINISTRATIVELY ADVISED THAT IN
 1969, THE AGENCY RECOGNIZED THE GRAPHIC ARTS INTERNATIONAL UNION, LOCAL
 98-L, AFL-CIO AS THE EXCLUSIVE REPRESENTATIVE OF A UNIT OF ALL EMPLOYEES
 IN ITS GRAPHICS SECTION, LOCATED IN WASHINGTON, D.C., WHICH UNIT
 ENCOMPASSED ALL WAGE GRADE EMPLOYEES OF THE AGENCY.
 
    /3/ PRIOR TO THE INSTANT PETITION HEREIN, THE PETITIONER ON JULY 3,
 1979 HAD FILED A PETITION SEEKING TO REPRESENT THE SAME UNIT OF ACTIVITY
 EMPLOYEES WHICH INCLUDED AT THAT TIME ONE STAFF ASSISTANT, ONE
 INTERNATIONAL TRADE SPECIALIST AND TWO CUSTOMS RECORDS ANALYSTS.  THE
 PETITIONER FAILED TO RECEIVE A MAJORITY OF THE VALID BALLOTS CAST IN THE
 RESULTING ELECTION.