PENSION BENEFIT GUARANTY CORPORATION
INDEPENDENT UNION of Pension Employees for Democracy and Justice
Case No. WA-CA-14-0448
The Respondent is an agency within the meaning of § 7103(a)(3) of the Statute. GC Ex. 1(c), (d). The Charging Party is a labor organization within the meaning of § 7103(a)(4) of the Statute, and it is the exclusive representative of a unit of employees that is appropriate for collective bargaining at Respondent’s Washington D.C. headquarters.
PBGC is a federal government agency which administers the pension plan termination insurance program established under the Employee Retirement Income Security Act of 1974. PBGC takes over assets and liabilities of certain terminated pension plans, then calculates and pays pension benefits up to a guaranteed amount to participants in those plans. The Respondent’s Benefit Administration and Payments Department (BAPD), and the Trusteeship Processing Divisions (TPDs), perform much of that work. BAPD, the larger umbrella organization has about 200 employees and several hundred contractor employees. BAPD has a number of divisions, including seven TPDs designated as 1-7. The subject case principally deals with the employees in TPD-3. Each TPD is managed by a Division Manager (DM), an Associate Division Manager (ADM), one or more team leaders, and an audit or actuarial technical reviewer (ATRs). During the relevant March 2014, time period, Alan Warsaw held the position of Operations Manager and supervised the seven TPDs within BAPD.
 The Respondent could have avoided a violation if it had merely given the Union notice and an opportunity to attend the March 25 meeting or if it had not opened the floor to questions after introducing the new supervisors. If an agency does not want to have a formal discussion, don’t invite conditions of employment questions at a meeting and if you anticipate questions about working conditions, give notice to the exclusive representative. For future situations involving formal discussions, I recommend that the parties refer to the General Counsel’s updated guidance on this subject which can be found on the FLRA website.