09:0173(25)CU - HUD, San Francisco Area Office, San Francisco, CA and NFFE Local 1450 -- 1982 FLRAdec RP
[ v09 p173 ]
09:0173(25)CU
The decision of the Authority follows:
9 FLRA No. 25
U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
SAN FRANCISCO AREA OFFICE
SAN FRANCISCO, CALIFORNIA
Activity
and
NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1450
Labor Organization/Petitioner
Case No. 9-CU-24
DECISION AND ORDER CLARIFYING UNIT
UPON 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 HEARING OFFICER'S RULINGS MADE AT THE
HEARING ARE FREE FROM PREJUDICIAL ERROR AND ARE HEREBY AFFIRMED.
UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
PARTIES' CONTENTIONS, THE AUTHORITY FINDS: THE NATIONAL FEDERATION OF
FEDERAL EMPLOYEES, LOCAL 1450 (NFFE), WAS CERTIFIED ON OCTOBER 2, 1971,
AS THE EXCLUSIVE BARGAINING REPRESENTATIVE FOR A UNIT OF ALL
NONPROFESSIONAL EMPLOYEES OF THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT'S (HUD) SAN FRANCISCO AREA OFFICE. ESSENTIALLY, BOTH THE
PETITIONER AND HUD ARE IN AGREEMENT THAT AS A RESULT OF A REORGANIZATION
OF HUD WHICH TOOK PLACE ON OR ABOUT JULY 1, 1978 THE EMPLOYEES OF HUD'S
FRESNO, SACRAMENTO, RENO AND LAS VEGAS SERVICE OFFICES HAVE ACCRETED TO,
AND ARE NOW A PART OF, PETITIONER'S SAN FRANCISCO AREA OFFICE UNIT.
THIS AGREEMENT IS FULLY CONSISTENT WITH THE AUTHORITY'S RECENTLY
ISSUED DECISION IN U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, ET
AL., 8 FLRA NO. 34 (1982). THUS, FOR THE REASONS MORE FULLY SET FORTH
IN THAT CASE, THE AUTHORITY SHALL CLARIFY NFFE'S UNIT OF NONPROFESSIONAL
EMPLOYEES OF HUD'S SAN FRANCISCO AREA OFFICE TO INCLUDE THE EMPLOYEES OF
HUD'S FRESNO, SACRAMENTO, RENO AND LAS VEGAS SERVICE OFFICES WHICH CAME
UNDER THE JURISDICTION OF THE SAN FRANCISCO AREA OFFICE AS A RESULT OF
THE REORGANIZATION INITIATED BY HUD ON JULY 1, 1978.
ORDER
IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED HEREIN BE,
AND IT HEREBY IS, CLARIFIED AND AMENDED SO AS TO READ AS FOLLOWS:
INCLUDED: ALL NONPROFESSIONAL EMPLOYEES OF THE SAN FRANCISCO AREA
OFFICE, U.S. DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT, INCLUDING THE EMPLOYEES OF THE
FRESNO, SACRAMENTO, RENO, AND
LAS VEGAS SERVICE OFFICES, EXCLUDING PROFESSIONALS, SUPERVISORS,
MANAGEMENT OFFICIALS AND
EMPLOYEES DESCRIBED IN SECTION 7112(B)(2), (3), (4), (6) AND (7) OF
THE STATUTE.
ISSUED, WASHINGTON, D.C., JUNE 23, 1982
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY