16:0180(29)RO - SBA, Lower Rio Grande Valley District Office and AFGE Local 3904 -- 1984 FLRAdec RP

 16 FLRA No. 29
 
 UNITED STATES SMALL BUSINESS ADMINISTRATION
 LOWER RIO GRANDE VALLEY DISTRICT OFFICE
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 3904
 Labor Organization/Petitioner
 
                                            Case No. 6-RO-90
 
                      DECISION ON CHALLENGED BALLOTS
 
    The Administrative Law Judge, in the above-entitled proceeding,
 issued his Decision recommending that the challenges to the ballots of
 nine temporary disaster employees (TDEs) be overruled and that their
 ballots be counted.  The Activity filed original and amended exceptions
 to the Judge's Decision.  /1/
 
    Pursuant to section 2422.21(i) of the Authority's Rules and
 Regulations and section 7111 of the Federal Service Labor-Management
 Relations Statute (the Statute), the Authority has reviewed the rulings
 of the Judge made at the hearing and finds that no prejudicial error was
 committed.  The rulings are hereby affirmed.  Upon consideration of the
 Judge's Decision and the entire record, the Authority hereby adopts the
 Judge's findings, conclusions and recommendation that the challenges be
 overruled.
 
    In agreement with the Judge, the Authority concludes that TDEs
 engaged in servicing work have a reasonable expectancy of continued
 employment beyond their initial six month appointment.  Particularly
 noted in this regard is the Judge's finding that at the time of the
 election two-thirds of the TDEs in Harlingen and Corpus Christi had
 served longer than six months under renewed appointments.  Further, the
 Authority agrees with the Judge that the TDEs have a clear and
 identifiable community of interest with the other employees in the
 petitioned for unit and that the inclusion of the TDEs in the petitioned
 for unit will promote effective dealings with, and efficiency of the
 operations of, the Activity.  In this regard, the Authority notes
 especially that the TDEs share the same general supervision, work
 schedules, office conditions and common working environment with other
 bargaining unit employees;  that they have regular and frequent contacts
 with other unit employees;  and that some of the TDEs perform
 substantially the same duties as other clerical workers and loan
 servicing specialists and assistants who are in the unit.
 
    Accordingly, IT IS HEREBY ORDERED that the ballots of Benavides,
 Louis R., GS 11, Disaster Loan Specialist, (temporary) Espino, Ernest,
 GS 7, Loan Service Assistant, (temporary) De Los Santos, GS 7, Loan
 Service Assistant, (temporary) Soto, Tovert, GS 5, Field Collection
 Clerk, (temporary) Reyes, Carole, GS 5, Field Collection Clerk,
 (temporary) Martinez, Jesus, GS 5, Field Collection Clerk, (temporary)
 Aldape, Millie, GS 4, Clerk-Typist, (temporary) Cardona, Effie, GS 3,
 Clerk-Typist, (temporary) Perez, Amelia M., GS 3, Clerk-Typist,
 (temporary be opened and counted at a time and place to be determined by
 the Regional Director.  The Regional Director shall have a Revised Tally
 of Ballots served on the parties, and take such additional steps as are
 required by the Authority's Rules and Regulations.  Issued, Washington,
 D.C., October 2, 1984
                                       Henry B. Frazier III, Acting
                                       Chairman
                                       Ronald W. Haughton, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ The Activity was not served with a copy of the Petitioner's post
 hearing brief to the Administrative Law Judge and requested the
 opportunity to amend its exceptions to respond to any issue raised
 therein which had not been covered in its original exceptions.
 Thereafter, the Activity was served a copy of the brief and its request
 was granted.  The Activity's subsequently submitted amended exceptions
 have been duly considered.