[ v08 p176 ]
08:0176(34)CU
The decision of the Authority follows:
8 FLRA No. 34
U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
Agency/Petitioner
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
Labor Organization
Case Nos. 3-CU-1
3-CU-2
U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT, SAN DIEGO SERVICE
OFFICE
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
Labor Organization/Petitioner
and
NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1954
Labor Organization/Intervenor
Case No. 38-RO-1
U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT LOS ANGELES AREA OFFICE,
LOS ANGELES, CALIFORNIA
Activity
and
NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 477
Labor Organization/Petitioner
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
Labor Organization/Intervenor
Case No. 38-CU-6
DECISION, ORDER AND ORDER CLARIFYING UNITS
UPON PETITIONS DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
UNDER SECTION 7111(B)(2) OF THE FEDERAL SERVICE LABOR-MANAGEMENT
RELATIONS STATUTE, A CONSOLIDATED 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 THE ENTIRE RECORD IN THE CONSOLIDATED CASES, THE AUTHORITY
FINDS: IN CASE NOS. 3-CU-1 AND 3-CU-2, THE AGENCY/PETITIONER SEEKS TO
SEVER CERTAIN EMPLOYEES FROM, AND ACCRETE CERTAIN OTHER EMPLOYEES TO,
THE EXISTING NATIONWIDE CONSOLIDATED PROFESSIONAL AND NONPROFESSIONAL
UNITS OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) EMPLOYEES
REPRESENTED EXCLUSIVELY BY THE AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO (AFGE). THE AGENCY CONTENDS THAT THESE CHANGES ARE
REQUIRED BY A REORGANIZATION WHICH TOOK PLACE ON JULY 1, 1978, AND
THEREAFTER. IN CASE NO. 38-RO-1, THE AFGE SEEKS TO ADD TO ITS
NATIONWIDE UNITS OF HUD EMPLOYEES ALL GENERAL SCHEDULE EMPLOYEES OF THE
HUD'S SAN DIEGO SERVICE OFFICE. IN CASE NO. 38-CU-6, THE NATIONAL
FEDERATION OF FEDERAL EMPLOYEES, LOCAL 477 (NFFE), SEEKS TO ACCRETE TO
ITS EXISTING UNIT OF ALL PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES OF
THE AGENCY'S LOS ANGELES AREA OFFICE THE EMPLOYEES OF HUD'S SANTA ANA,
SAN DIEGO, PHOENIX AND TUCSON SERVICE OFFICES, WHICH IT CLAIMS ARE NOW
PART OF ITS LOS ANGELES AREA OFFICE UNIT PURSUANT TO THE AGENCY'S JULY
1, 1978 REORGANIZATION. THE EMPLOYEES OF THE SANTA ANA, PHOENIX AND
TUCSON SERVICE OFFICES ARE PRESENTLY REPRESENTED AS PART OF THE AFGE'S
NATIONWIDE UNITS. THE EMPLOYEES IN THE SAN DIEGO SERVICE OFFICE, WHO
ARE PRESENTLY REPRESENTED BY NFFE LOCAL 1954, ARE THE SUBJECT OF THE
AFGE'S PETITION IN CASE NO. 38-RO-1 HEREIN.
THE MISSION OF THE HUD IS TO FACILITATE, THROUGH A SERIES OF
FINANCING DEVICES - GRANTS, LOANS, GUARANTEES, MORTGAGE INSURANCE, AND
SIMILAR ARRANGEMENTS, THE CONSTRUCTION AND DEVELOPMENT OF HOUSING,
COMMUNITY FACILITIES, AND COMMUNITY DEVELOPMENT PROJECTS. ON JULY 1,
1978, HUD EFFECTED A REORGANIZATION OF ITS FIELD STRUCTURE SO AS TO
BETTER IMPLEMENT ITS MISSION. PRIOR TO THE REORGANIZATION, HUD'S TEN
REGIONAL OFFICES HAD LINE RESPONSIBILITY FOR THE ACTIVITIES TAKING PLACE
IN THEIR SUBORDINATE FIELD OFFICES. THEY MONITORED THE ACTIVITIES OF
THEIR SUBORDINATE FIELD OFFICES ON A DAILY BASIS, PROVIDED TECHNICAL
ASSISTANCE AND PROGRAM GUIDANCE, AND ALLOCATED FISCAL AND STAFF
RESOURCES TO IMPLEMENT THE PROGRAMS IN THE FIELD OFFICES. SUBSEQUENT TO
THE REORGANIZATION, THE REGIONAL OFFICES NO LONGER HAVE LINE
RESPONSIBILITY FOR THE PROGRAM ACTIVITIES OF THE SUBORDINATE FIELD
ACTIVITIES. ALLOCATION OF FISCAL AND STAFF RESOURCES BY THE REGIONAL
OFFICES IS NOW LIMITED TO AN ANNUAL BASIS, WITH THE SUBORDINATE FIELD
ACTIVITIES ASSUMING DAILY RESPONSIBILITY FOR SUCH DECISIONS. THE
REGIONAL OFFICES HAVE ASSUMED A GREATER OVERSIGHT AND MONITORING
FUNCTION VIS-A-VIS THEIR SUBORDINATE FIELD OFFICES. AS A RESULT OF THE
REORGANIZATION, THE DALLAS REGIONAL OFFICE WAS RELOCATED TO FORT WORTH,
TEXAS, WITH DALLAS RETAINING AN AREA OFFICE. IN DENVER, THERE IS A
FULLY COMBINED REGIONAL/AREA OFFICE, SERVING THE FUNCTION OF BOTH
LEVELS, WHICH IS HEADED BY A REGIONAL ADMINISTRATOR. THE OTHER EIGHT
REGIONAL OFFICES WERE NOT AFFECTED BY THE REORGANIZATION, EXCEPT AS
NOTED ABOVE.
PRIOR TO THE 1978 REORGANIZATION, THERE WAS ESSENTIALLY ONE LEVEL OF
SUBORDINATE FIELD OFFICE WHICH REPORTED TO HUD'S REGIONAL OFFICES,
CONSISTING OF BOTH AREA OFFICES AND INSURING OFFICES. THEY PERFORMED
ESSENTIALLY SIMILAR FUNCTIONS AUTONOMOUSLY WITHIN THEIR RESPECTIVE
GEOGRAPHIC JURISDICTIONS. THE MAIN DISTINCTION BETWEEN THEM WAS IN THE
VOLUME OF BUSINESS THEY WERE REQUIRED TO HANDLE. AREA AND INSURING
OFFICES WERE BOTH HEADED BY INDEPENDENT DIRECTORS, WHO REPORTED TO THE
REGIONAL DIRECTOR. THERE WERE ADMINSTRATIVE PERSONNEL ASSIGNED TO BOTH
AREA AND INSURING OFFICES, AND MOST OF THEM HAD PERSONNEL RESPONSIBLE
FOR COMMUNITY PLANNING AND DEVELOPMENT, FAIR HOUSING PROGRAMS, AND HUD'S
EQUAL HOUSING FUNCTION, AS WELL AS FOR HUD'S BASIC HOUSING
RESPONSIBILITIES.
AS A RESULT OF THE REORGANIZATION, PRIMARY DECISION MAKING WITHIN
HUD'S FIELD STRUCTURE WAS CENTRALIZED IN THE AREA OFFICES. THE AREA
OFFICES BECAME FULLY SELF-CONTAINED, GAINING SOME OF THE PERSONNEL FROM
THE REGIONAL OFFICES WHO HAD BEEN RESPONSIBLE FOR OVERSEEING AREA AND
INSURING OFFICE ACTIVITIES. AREA MANAGERS ARE NOW AUTHORIZED TO CONSULT
DIRECTLY WITH HUD HEADQUARTERS PERSONNEL CONCERNING PROGRAM MATTERS
WITHOUT SEEKING REGIONAL OFFICE APPROVAL. THERE WERE 42 AREA OFFICES
PRIOR TO THE REORGANIZATION. THERE ARE NOW 39 RECONSTITUTED AREA
OFFICES. THE AREA MANAGERS ARE FULLY RESPONSIBLE FOR THE ADMINISTRATIVE
AND PERSONNEL FUNCTIONS WITHIN THEIR OFFICES AND WITHIN THE SERVICE
OFFICE AND VALUATION AND ENDORSEMENT STATIONS WITHIN THEIR JURISDICTION.
HOWEVER, IN ALL THE REGIONAL OFFICE CITIES, EXCEPT FORT WORTH AND
DENVER, THERE IS A SINGLE "COLLOCATED" ADMINISTRATIVE OFFICE WITHIN THE
REGIONAL OFFICE WHICH PROVIDES ADMINISTRATIVE AND PERSONNEL SERVICES FOR
BOTH THE REGIONAL OFFICE AND THE AREA OFFICE WITHIN THAT CITY, AS WELL
AS FOR THE AREA OFFICE'S SUBORDINATE SERVICE OFFICES AND VALUATION AND
ENDORSEMENT STATIONS. THE AREA MANAGERS HAVE OPERATIONAL CONTROL OVER
THE SERVICES WHICH ARE PROVIDED FOR THEIR FACILITIES BY THE "COLLOCATED"
ADMINISTRATIVE AND PERSONNEL OFFICES.
THE PRIMARY IMPACT OF THE REORGANIZATION WAS THE RESTRUCTURING OF THE
FORMER INSURING OFFICES. IN ESSENCE, THEY LOST THEIR PREVIOUS STATUS AS
INDEPENDENT OPERATING ENTITIES. NOW DESIGNATED AS SERVICE OFFICES, THEY
ARE CONSIDERED TO BE SUBELEMENTS OF THE AREA OFFICE TO WHICH THEY ARE
ASSIGNED. WHILE THE INSURING OFFICES WERE HEADED BY A SUPERVISOR, WHO
REPORTS EITHER TO THE AREA MANAGER IN THE CASE OF THE SIX SERVICE
OFFICES WHICH RETAIN MULTI-FAMILY HOUSING RESPONSIBILITIES, OR TO THE
DIRECTOR OF THE HOUSING DIVISION WITHIN THE APPROPRIATE AREA OFFICE IN
THE CASE OF THE REMAINING 27 SERVICE OFFICES WHICH HAVE ONLY
SINGLE-FAMILY HOUSING CAPABILITY. ALL ADMINISTRATIVE SERVICES, FAIR
HOUSING AND EEO FUNCTIONS WHICH WERE THE RESPONSIBILITY OF THE PREVIOUS
INSURING OFFICE DIRECTOR HAVE BEEN REASSIGNED TO THE APPROPRIATE AREA
OFFICE. THUS, AMONG OTHER THINGS, THE PERSONNEL AND LABOR RELATIONS
AUTHORITY WHICH HAD BEEN VESTED IN THE INSURING OFFICE DIRECTOR NO
LONGER EXISTS IN THE NEW SERVICE OFFICES. SUCH FUNCTIONS ARE NOW
DIRECTED BY THE APPROPRIATE AREA OFFICE. WHILE THE DAILY FUNCTION OF
ADMINISTERING PERSONNEL SERVICES IN MANY OF THE SERVICE OFFICES IS
CARRIED OUT BY A PERSONNEL EMPLOYEE WHO IS PHYSICALLY LOCATED WITHIN
THAT OFFICE, THESE EMPLOYEES REPORT TO THE DIRECTOR OF ADMINISTRATION IN
THE APPROPRIATE AREA OFFICE AND THEY ARE CONSIDERED EMPLOYEES OF THAT
AREA OFFICE. ALL PERSONNEL AUTHORITY FOR THE SERVICE OFFICES RESIDES
WITH THE APPROPRIATE AREA MANAGER, ALTHOUGH IN MOST INSTANCES IT IS
REDELEGATED TO THE SERVICE OFFICE SUPERVISOR FOR MATTERS WITHIN THEIR
JURISDICTION. IN ESSENCE, ALL THE EMPLOYEES OF THE SERVICE OFFICES ARE
CONSIDERED TO BE EMPLOYEES OF AN AREA OFFICE, AND IT IS AREA OFFICE
MANAGEMENT WHICH HAS THE AUTHORITY TO ASSIGN, REASSIGN, OR DETAIL
INDIVIDUALS WITHIN THE AREA OFFICE'S JURISDICTION TO DIFFERENT
POSITIONS, INCLUDING THE AUTHORITY TO MOVE EMPLOYEES FROM ONE SERVICE
OFFICE TO ANOTHER, OR TO THE AREA OFFICE OR VICE VERSA. THE VALUATION
AND ENDORSEMENT STATIONS ARE EVEN SMALLER THAN THE SERVICE OFFICES AND
THEY HAVE EVEN LESS AUTHORITY TO MAKE FUNDING COMMITMENTS. LIKE THE
SERVICE OFFICES, THEY ARE CONSIDERED TO BE WITHIN THE JURISDICTION OF
PARTICULAR AREA OFFICES. THEY REPORT TO THE DEPUTY DIRECTOR FOR
DEVELOPMENT IN THE HOUSING DIVISION OF AN AREA OFFICE.
THE FACTS RELATING TO THE CIRCUMSTANCES IN CASE NOS. 38-RO-1 AND
38-CU-6 ARE IN MANY WAYS EXEMPLARY OF THE FACTS OUTLINED ABOVE. PRIOR
TO THE HUD'S JULY 1, 1978 REORGANIZATION HUD HAD AN AREA OFFICE IN LOS
ANGELES, INSURING OFFICES IN SANTA ANA, SAN DIEGO, AND PHOENIX, AND A
SERVICE OFFICE IN TUCSON WHICH WAS A SUBOFFICE OF THE PHOENIX INSURING
OFFICE. THE LOS ANGELES AREA OFFICE AND THE THREE INSURING OFFICES WERE
INDEPENDENT ENTITIES WHICH REPORTED DIRECTLY TO THE REGIONAL OFFICE IN
SAN FRANCISCO. SUBSEQUENT TO THE REORGANIZATION, LOS ANGELES RETAINED
ITS STATUS AS AN AREA OFFICE. HOWEVER, THE INSURING OFFICES IN SANTA
ANA, SAN DIEGO, AND PHOENIX WERE REDESIGNATED AS SERVICE OFFICES, WHILE
TUCSON BECAME AN INDEPENDENT SERVICE OFFICE. ALL OF THE NEW SERVICE
OFFICES ARE SUBORDINATE TO THE LOS ANGELES AREA OFFICE. AS A RESULT OF
THE REORGANIZATION, THE LOS ANGELES AREA OFFICE IS FULLY RESPONSIBLE FOR
ALL COMMUNITY PLANNING AND DEVELOPMENT FUNCTIONS WITHIN ITS
JURISDICTION, SOME OF WHICH HAD BEEN PREVIOUSLY HANDLED BY EMPLOYEES IN
THE SAN FRANCISCO REGIONAL OFFICE. ADDITIONALLY, THE LOS ANGELES AREA
OFFICE ASSUMED RESPONSIBILITY FOR ALL MULTI-FAMILY HOUSING, FAIR
HOUSING, AND EQUAL OPPORTUNITY ACTIVITIES WHICH HAD BEEN WITHIN THE
JURISDICTION OF THE FORMER INSURING OFFICES. THE NEW SERVICE OFFICES
ARE ALSO WITHOUT FORMAL ADMINISTRATIVE CAPABILITY AS THAT FUNCTION WAS
CONSOLIDATED WITHIN THE AREA OFFICE. THE POSITIONS OF ALL THE EMPLOYEES
WHO PERFORMED THE TRANSFERRED FUNCTIONS WERE REASSIGNED TO THE AREA
OFFICE, WITH A TOTAL OF 38 POSITIONS INVOLVED. FINALLY, ALTHOUGH SOME
EMPLOYEES WERE REASSIGNED TO THE LOS ANGELES AREA OFFICE AND THEY NOW
REPORT TO SUPERVISORS THERE RATHER THAN TO OFFICIALS WITHIN THE OFFICE
WHERE THEY ARE PHYSICALLY LOCATED, THEY ARE, IN EFFECT, CONTINUING TO
PERFORM THE SAME MULTI-FAMILY OR ADMINISTRATIVE FUNCTION IN THE SAME
LOCATION AS PRIOR TO THE REORGANIZATION. THERE ARE 18 OF THESE
SO-CALLED "OUTSTATIONED" EMPLOYEES WHO CONTINUE TO PERFORM THEIR
FUNCTION AT A SERVICE OFFICE ALTHOUGH THEY HAVE BEEN REASSIGNED TO LOS
ANGELES.
THE AFGE WAS CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE FOR SEPARATE
PROFESSIONAL AND NONPROFESSIONAL NATIONWIDE CONSOLIDATED UNITS OF HUD
EMPLOYEES ON OCTOBER 23, 1978. THE AFGE UNITS WHICH WERE CONSOLIDATED
INCLUDED ALL OF HUD'S NONPROFESSIONAL HEADQUARTERS EMPLOYEES AND RANGED
FROM REGION-WIDE UNITS TO UNITS AT A VALUATION AND ENDORSEMENT STATION.
(AFGE'S UNITS AS SET FORTH IN THEIR CERTIFICATIONS ARE DESCRIBED IN THE
ATTACHMENT.) THE HUD, BY ITS PETITIONS IN CASE NOS. 3-CU-1 AND 3-CU-2 IS
ATTEMPTING TO RESHAPE THE CONSOLIDATED UNITS REPRESENTED BY THE AFGE SO
THAT THEY CONFORM TO ITS NEW ORGANIZATIONAL STRUCTURE. THEY CONTEND
THAT THE EMPLOYEES IN THE PRESENT SERVICE OFFICES AND VALUATION AND
ENDORSEMENT STATIONS SHOULD HAVE THEIR REPRESENTATIONAL STATUS
DETERMINED BY THE REPRESENTATIONAL STATUS OF THE AREA OFFICES TO WHICH
THEY ARE NOW SUBORDINATED, AS THE SERVICE OFFICES AND VALUATION AND
ENDORSEMENT STATIONS NO LONGER HAVE INDEPENDENT OPERATING AUTHORITY AND
THEREFORE THE EMPLOYEES OF THOSE OFFICES HAVE A MERGED COMMUNITY OF
INTEREST WITH ALL OTHER AREA OFFICE EMPLOYEES, PARTICULARLY WITH RESPECT
TO ADMINISTRATIVE, PERSONNEL, AND LABOR RELATIONS MATTERS. THUS, THEY
WOULD, FOR EXAMPLE, ACCRETE EMPLOYEES FROM ELEVEN (11) FIELD OFFICES WHO
ARE PRESENTLY UNREPRESENTED INTO AFGE'S NATIONWIDE UNIT AS THOSE OFFICES
ARE NOW SUBORDINATE TO AN AREA OFFICE WHOSE EMPLOYEES ARE REPRESENTED
WITHIN THE AFGE UNIT. ON THE OTHER HAND, THE HUD SEEKS TO SEVER FROM
THE AFGE'S NONPROFESSIONAL UNIT THE EMPLOYEES IN FIVE OFFICES WHICH ARE
NOW SUBORDINATE TO AREA OFFICES WHOSE EMPLOYEES ARE REPRESENTED BY THE
NFFE. MOREOVER, SUBSEQUENT TO THE REORGANIZATION, THERE ARE, AS NOTED
ABOVE, SINGLE "COLLOCATED" ADMINISTRATIVE OFFICES IN EACH OF THE EIGHT
CITIES WHICH HAVE BOTH REGIONAL AND AREA OFFICES WHICH SERVE THE
EMPLOYEES OF BOTH THE REGIONAL AND AREA OFFICES WITHIN THOSE CITIES AS
WELL AS EMPLOYEES OF THE OFFICES WHICH ARE SUBORDINATE TO THE AREA
OFFICE. THE HUD IS ALSO SEEKING BY ITS PETITIONS TO CLARIFY THE STATUS
OF EMPLOYEES WITHIN THOSE CITIES SO THAT THEIR REPRESENTATION WITHIN THE
AFGE'S UNITS WOULD BE DETERMINED BY THE PRIOR STATUS OF THE REGIONAL
OFFICE UNIT. THUS, FOR EXAMPLE, THE HUD WOULD SEVER THE NONPROFESSIONAL
EMPLOYEES OF ITS ATLANTA AREA OFFICE FROM THE AFGE'S UNIT AS, IN THE
HUD'S VIEW, THEIR STATUS SHOULD BE DETERMINED BY THE UNREPRESENTED
EMPLOYEES OF THE ATLANTA REGIONAL OFFICE.
IN THESE CIRCUMSTANCES, THE AUTHORITY FINDS THAT, PURSUANT TO THE
REORGANIZATION IMPLEMENTED BY THE HUD ON JULY 1, 1978, AND SOON
THEREAFTER, THE EMPLOYEES OF THE HUD'S SERVICE OFFICES AND VALUATION AND
ENDORSEMENT STATIONS HAVE BEEN ORGANIZATIONALLY AND OPERATIONALLY
INTEGRATED INTO THE AREA OFFICES TO WHICH THEY ARE SUBORDINATE, AND THAT
THE EMPLOYEES IN THESE OFFICES SHOULD HAVE THEIR REPRESENTATIONAL STATUS
CONTROLLED BY THE REPRESENTATIONAL STATUS OF THE EMPLOYEES IN THE AREA
OFFICE TO WHICH THEY ARE SUBORDINATE. THUS, THE AUTHORITY CONCLUDES
THAT, AS A RESULT OF THE REORGANIZATION WHICH CONSOLIDATED
ADMINISTRATIVE AND PERSONNEL SERVICES, COMMUNITY PLANNING AND
DEVELOPMENT, FAIR HOUSING, EQUAL OPPORTUNITY, AND MOST MULTI-FAMILY
HOUSING RESPONSIBILITY WITHIN THE AREA OFFICES, THE EMPLOYEES IN THE
SERVICE OFFICES AND THE VALUATION AND ENDORSEMENT STATIONS NO LONGER
CONTINUE TO SHARE A SEPARATE CLEAR AND IDENTIFIABLE COMMUNITY OF
INTEREST, BUT THAT, INSTEAD, THEY ARE A COMMUNITY OF INTEREST WITH ALL
THE EMPLOYEES WITHIN THEIR RESPECTIVE AREA OFFICES AND OTHER SUBORDINATE
OFFICES. IN THIS REGARD, AS NOTED ABOVE, WHILE SOME OF THE SERVICE
OFFICE AND VALUATION AND ENDORSEMENT STATION EMPLOYEES CONTINUE TO WORK
IN THE SAME LOCATION AND PERFORM THE SAME FUNCTIONS UNDER THE SAME
IMMEDIATE SUPERVISION AS PRIOR TO THE REORGANIZATION, THEY ARE NOW
INTEGRATED INTO THE AREA OFFICE'S OPERATION AND ARE GOVERNED BY THE SAME
PERSONNEL POLICIES AND PRACTICES APPLICABLE TO ALL OTHER AREA OFFICE
EMPLOYEES. AS ALL PERSONNEL AND LABOR RELATIONS AUTHORITY FOR THE
EMPLOYEES WITHIN THE AREA OFFICE'S JURISDICTION IS VESTED WITH THE AREA
MANAGER, THE AUTHORITY FINDS THAT IT WILL PROMOTE EFFECTIVE DEALINGS AND
THE EFFICIENCY OF THE AGENCY'S OPERATIONS TO MAKE THE AREA OFFICES THE
LOCI OF REPRESENTATION FOR EMPLOYEES WITHIN THE HUD FIELD ORGANIZATION
BELOW THE REGIONAL OFFICES. SEE DEPARTMENT OF THE NAVY, NAVAL SUPPLY
CENTER, OAKLAND, CALIFORNIA, 5 FLRA NO. 103(1981) AND DEFENSE CONTRACT
ADMINISTRATION SERVICES REGION, ST. LOUIS, MISSOURI, 5 FLRA NO.
37(1981).
THE AUTHORITY FURTHER FINDS THAT THE EMPLOYEES OF THE "COLLOCATED"
REGIONAL AND AREA OFFICES DO NOT SHARE A COMMUNITY OF INTEREST WHICH
WOULD WARRANT THE SEVERANCE AND ACCRETION OF AFFECTED EMPLOYEES FROM
AFGE'S NATIONWIDE UNITS AS REQUESTED BY THE HUD. THE WEIGHT OF THE
TESTIMONY ADDUCED IN THESE CASES LED TO THE AUTHORITY'S CONCLUSION ABOVE
THAT THE REGIONAL OFFICES OF THE HUD NO LONGER HAD LINE AUTHORITY OVER
THE AREA OFFICES SUBSEQUENT TO THE JULY 1, 1978 REORGANIZATION, AND THAT
THE MAJOR PURPOSE OF THE REORGANIZATION WAS TO CENTRALIZE OPERATIONAL
AND ADMINISTRATIVE AUTHORITY FOR HUD'S FIELD OFFICE OPERATIONS AT THE
LEVEL OF THE AREA OFFICES. GIVEN THE INDEPENDENCE OF THE AREA MANAGERS
DESCRIBED ABOVE, THE AUTHORITY FINDS THAT IT WOULD NOT BE APPROPRIATE TO
ASSOCIATE THE REPRESENTATION STATUS OF AREA OFFICE EMPLOYEES WITH THAT
OF "COLLOCATED" REGIONAL OFFICE EMPLOYEES BASED MERELY ON THE FACT THAT
THEY SHARE A SINGLE PERSONNEL AND ADMINISTRATIVE OFFICE. ALTHOUGH THE
EVIDENCE INDICATES THAT THE ADMINISTRATIVE AND PERSONNEL EMPLOYEES ARE
EMPLOYED BY THE REGIONAL OFFICE, THE AREA MANAGER IN THOSE CIRCUMSTANCES
IN EFFECT CONTRACTS FOR THEIR SERVICES, OVER WHICH HE HAS INDEPENDENT
OPERATIONAL AUTHORITY. MOREOVER, IT WOULD NOT PROMOTE EFFECTIVE
DEALINGS AND THE EFFICIENCY OF THE AGENCY'S OPERATIONS TO ASSOCIATE THE
REPRESENTATION STATUS OF AREA OFFICE EMPLOYEES WITH THOSE OF REGIONAL
OFFICE EMPLOYEES IN "COLLOCATED" CITIES, GIVEN THE INDEPENDENT PERSONNEL
AND LABOR RELATIONS AUTHORITY WHICH EXISTS AT BOTH THE REGIONAL OFFICE
AND AREA OFFICE LEVELS.
ACCORDINGLY, THE AUTHORITY SHALL CLARIFY THE SEPARATE PROFESSIONAL
AND NONPROFESSIONAL UNITS OF HUD EMPLOYEES REPRESENTED EXCLUSIVELY BY
THE AFGE TO INCLUDE IN SUCH UNITS EMPLOYEES IN THE SERVICE OFFICES AND
VALUATION AND ENDORSEMENT STATIONS WHO ARE PRESENTLY EMPLOYEES OF AREA
OFFICES WHICH ARE INCLUDED IN THOSE UNITS, AND TO EXCLUDE FROM SUCH
UNITS EMPLOYEES IN THE SERVICE OFFICES AND VALUATION AND ENDORSEMENT
STATIONS WHO ARE NOW EMPLOYEES OF AREA OFFICES WHICH ARE NOT PART OF THE
AFGE'S UNITS.
FOR THE SAME REASONS, THE AUTHORITY SHALL CLARIFY THE UNIT OF
PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES OF THE HUD'S LOS ANGELES AREA
OFFICE EXCLUSIVELY REPRESENTED BY NFFE LOCAL 477 TO INCLUDE IN SUCH UNIT
THE EMPLOYEES OF THE HUD'S SAN DIEGO AND SANTA ANA, CALIFORNIA, AND
PHOENIX AND TUCSON, ARIZONA SERVICE OFFICES WHICH CAME UNDER THE
JURISDICTION OF THE LOS ANGELES AREA OFFICE AS A RESULT OF A
REORGANIZATION INITIATED BY THE HUD ON JULY 1, 1978. /1/ ACCORDINGLY,
THE AUTHORITY SHALL FURTHER ORDER THAT THE AFGE'S PETITION IN CASE NO.
38-RO-1 BE DISMISSED, AS THE EMPLOYEES OF THE SAN DIEGO SERVICE OFFICE
DO NOT SEPARATELY CONSTITUTE A UNIT APPROPRIATE FOR EXCLUSIVE
REPRESENTATION PURSUANT TO THE STATUTE FOR THE REASONS OUTLINED ABOVE IN
DISCUSSING THE STATUS OF SERVICE OFFICES SUBSEQUENT TO THE HUD'S JULY 1,
1978 REORGANIZATION.
IN THE AUTHORITY'S VIEW, IT WOULD SERVE THE PURPOSES AND POLICIES OF
THE STATUTE NOT ONLY TO CLARIFY THE UNITS AS DETERMINED HEREIN, BUT TO
AMEND THE CERTIFICATIONS SO AS TO CLARIFY FOR ALL CONCERNED WHICH
EMPLOYEES ARE REPRESENTED IN THE UNITS CLARIFIED.
ORDER
IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED IN CASE NO.
3-CU-1, IN WHICH EXCLUSIVE RECOGNITION WAS GRANTED TO THE AMERICAN
FEDERATION OF GOVERNMENT EMPLOYEES ON OCTOBER 23, 1978, AT THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT BE, AND IT HEREBY IS,
CLARIFIED AND AMENDED SO AS TO READ AS FOLLOWS:
INCLUDED: ALL PROFESSIONAL EMPLOYEES OF THE U.S. DEPARTMENT HOUSING
AND URBAN DEVELOPMENT
HEADQUARTERS, WASHINGTON, D.C.; BOSTON REGIONAL AND AREA OFFICES;
HARTFORD AREA OFFICE; NEW
YORK REGIONAL AND AREA OFFICES; BUFFALO, NEW YORK AREA OFFICE;
CARIBBEAN AREA
OFFICE; PHILADELPHIA, PENNSYLVANIA REGIONAL AND AREA OFFICES;
BALTIMORE AREA
OFFICE; PITTSBURGH, PENNSYLVANIA AREA OFFICE; RICHMOND, VIRGINIA
AREA OFFICE; WASHINGTON,
D.C. AREA OFFICE; ATLANTA, GEORGIA AREA OFFICE; BIRMINGHAM, ALABAMA
AREA OFFICE; GREENSBORO,
N.C. AREA OFFICE; JACKSONVILLE, FLORIDA AREA OFFICE; LOUISVILLE,
KENTUCKY AREA
OFFICE; CHICAGO, ILLINOIS REGIONAL AND AREA OFFICES; COLUMBUS, OHIO
AREA OFFICE; MILWAUKEE,
WISCONSIN AREA OFFICE; MINNEAPOLIS-ST. PAUL AREA OFFICE; FT.
WORTH, TEXAS REGIONAL
OFFICE; DALLAS, TEXAS AREA OFFICE; NEW ORLEANS, LOUISIANA AREA
OFFICE; OKLAHOMA CITY AREA
OFFICE; SAN ANTONIO, TEXAS AREA OFFICE; OMAHA, NEBRASKA AREA
OFFICE; AND THE SEATTLE,
WASHINGTON, REGIONAL AND AREA OFFICES, INCLUDING THE EMPLOYEES OF THE
SERVICE OFFICES,
VALUATION/ENDORSEMENT STATIONS AND VALUATION STATIONS WHICH REPORT TO
THE AREA OFFICES LISTED
ABOVE, EXCLUDING ALL PROFESSIONAL EMPLOYEES, SUPERVISORS, MANAGEMENT
OFFICIALS, AND EMPLOYEES
DESCRIBED IN SECTION 7112(B)(2), (3), (4), (6) AND (7) OF THE
STATUTE.
IT IS HEREBY FURTHER ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED IN
CASE NO. 3-CU-2, IN WHICH EXCLUSIVE RECOGNITION WAS GRANTED TO THE
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES ON OCTOBER 23, 1978, AT THE
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT BE, AND IT HEREBY IS,
CLARIFIED AND AMENDED SO AS TO READ AS FOLLOWS:
INCLUDED: ALL PROFESSIONAL EMPLOYEES OF THE U.S. DEPARTMENT OF
HOUSING AND URBAN
DEVELOPMENT BOSTON AREA OFFICE; HARTFORD AREA OFFICE; NEW YORK
REGION; PHILADELPHIA REGIONAL
AND AREA OFFICES; PITTSBURGH AREA OFFICE; RICHMOND AREA OFFICE;
WASHINGTON, D.C. AREA
OFFICE; ATLANTA AREA OFFICE; COLUMBIA AREA OFFICE; GREENSBORO AREA
OFFICE; JACKSONVILLE AREA
OFFICE; MINNEAPOLIS-ST. PAUL AREA OFFICE, AND THE SAN ANTONIO AREA
OFFICE, EXCLUDING ALL
NONPROFESSIONAL EMPLOYEES, SUPERVISORS, MANAGEMENT OFFICIALS AND
EMPLOYEES DESCRIBED IN
SECTION 7112(B)(2), (3), (4), (6) AND (7) OF THE STATUTE.
IT IS HEREBY FURTHER ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED IN
CASE NO. 38-CU-6, IN WHICH EXCLUSIVE RECOGNITION WAS GRANTED TO THE
NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 477, AT THE DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT, LOS ANGELES AREA OFFICE, BE AND IT
HEREBY IS, CLARIFIED AND AMENDED SO AS TO READ AS FOLLOWS:
INCLUDED: ALL PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES OF THE LOS
ANGELES AREA OFFICE,
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, INCLUDING THE EMPLOYEES
OF THE SANTA ANA, SAN
DIEGO, PHOENIX AND TUCSON SERVICE OFFICES, EXCLUDING SUPERVISORS,
MANAGEMENT OFFICIALS AND
EMPLOYEES DESCRIBED IN SECTION 7112(B)(2), (3), (4), (6) AND (7) OF
THE STATUTE.
IT IS HEREBY FURTHER ORDERED THAT THE PETITION IN CASE NO. 38-RO-1
BE, AND IT HEREBY IS, DISMISSED.
ISSUED, WASHINGTON, D.C., MARCH 3, 1982
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
ATTACHMENT
ATTACHMENT
THE CONSOLIDATED UNITS FOR WHICH AFGE WAS CERTIFIED ON OCTOBER 23,
1978.
THE NONPROFESSIONAL UNIT
INCLUDED: ALL NON-PROFESSIONAL EMPLOYEES OF THE U.S. HOUSING AND
URBAN DEVELOPMENT HEADQUARTERS, WASHINGTON, D.C.; BANGOR, MAINE
VALUATION STATION; BURLINGTON, VERMONT VALUATION STATION; NEW YORK
REGION; PHILADELPHIA, PENNSYLVANIA REGIONAL AND AREA OFFICES;
PITTSBURGH, PENNSYLVANIA AREA OFFICE; RICHMOND, VIRGINIA AREA OFFICE;
ATLANTA, GEORGIA AREA OFFICE; GREENSBORO, NORTH CAROLINA AREA OFFICE;
BIRMINGHAM, ALABAMA AREA OFFICE; JACKSONVILLE, FLORIDA AREA OFFICE;
CORAL GABLES, FLORIDA SERVICE OFFICE; TAMPA, FLORIDA SERVICE OFFICE;
CHICAGO, ILLINOIS REGIONAL AND AREA OFFICES; MILWAUKEE, WISCONSIN AREA
OFFICE; ST. PAUL, MINNESOTA AREA OFFICE, CLEVELAND OHIO SERVICE OFFICE;
DALLAS, TEXAS AREA OFFICE; FORT WORTH, TEXAS SERVICE OFFICE; OKLAHOMA
CITY, OKLAHOMA AREA OFFICE; SAN ANTONIO, TEXAS AREA OFFICE; OMAHA,
NEBRASKA AREA OFFICE; HELENA, MONTANA SERVICE OFFICE; CASPER, WYOMING
VALUATION STATION; SALT LAKE CITY, UTAH SERVICE OFFICE; SEATTLE,
WASHINGTON REGIONAL AND AREA OFFICES; SPOKANE, WASHINGTON SERVICE
OFFICE; AND ALL NON-PROFESSIONAL GS EMPLOYEES OF THE BOSTON,
MASSACHUSETTS REGIONAL AND AREA OFFICES; HARTFORD, CONNECTICUT AREA
OFFICE; MANCHESTER NEW HAMPSHIRE AREA OFFICE; PROVIDENCE, RHODE ISLAND
SERVICE OFFICE; BALTIMORE, MARYLAND AREA OFFICE; WASHINGTON, D.C. AREA
OFFICE; LOUISVILLE, KENTUCKY AREA OFFICE; COLUMBUS, OHIO AREA OFFICE;
DALLAS, TEXAS REGIONAL OFFICE; NEW ORLEANS, LOUISIANA AREA OFFICE; DES
MOINES, IOWA INSURING OFFICE; SANTA ANA, CALIFORNIA SERVICE OFFICE;
AND PHOENIX, ARIZONA SERVICE OFFICE.
EXCLUDED: ALL PROFESSIONAL EMPLOYEES, SUPERVISORS; MANAGEMENT
OFFICIALS; CONFIDENTIAL EMPLOYEES; EMPLOYEES ENGAGED IN FEDERAL
PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY; AND THOSE
EMPLOYEES WITH APPOINTMENTS NOT TO EXCEED 6 MONTHS OR LESS AND ALL
TEMPORARY DISASTER EMPLOYEES; AND NON-PROFESSIONAL EMPLOYEES OF THE
NEWARK, NEW JERSEY AREA OFFICE.
THE PROFESSIONAL UNIT
INCLUDED: ALL GS PROFESSIONAL EMPLOYEES OF THE U.S. HOUSING AND
URBAN DEVELOPMENT, BOSTON, MASSACHUSETTS AREA OFFICE; HARTFORD,
CONNECTICUT AREA OFFICE; MANCHESTER NEW HAMPSHIRE AREA OFFICE; NEW
YORK REGION; PHILADELPHIA, PENNSYLVANIA REGIONAL AND AREA OFFICE;
RICHMOND, VIRGINIA AREA OFFICE; WASHINGTON, D.C. AREA OFFICE; ATLANTA,
GEORGIA AREA OFFICE; GREENSBORO, NORTH CAROLINA AREA OFFICE;
LOUISVILLE, KENTUCKY AREA OFFICE; COLUMBIA, SOUTH CAROLINA AREA OFFICE;
JACKSONVILLE, FLORIDA AREA OFFICE; CORAL GABLES, FLORIDA SERVICE
OFFICE; CHICAGO, ILLINOIS REGIONAL AND AREA OFFICES; MILWAUKEE,
WISCONSIN AREA OFFICE; ST. PAUL, MINNESOTA AREA OFFICE; FORT WORTH,
TEXAS SERVICE OFFICE; SAN ANTONIO, TEXAS AREA OFFICE; HELENA, MONTANA
SERVICE OFFICE; CASPER, WYOMING VALUATION STATION; PHOENIX, ARIZONA
SERVICE OFFICE; AND THE PITTSBURGH, PENNSYLVANIA AREA OFFICE.
EXCLUDED: ALL GS AND WG NON-PROFESSIONAL EMPLOYEES; SUPERVISORS;
MANAGEMENT OFFICIALS, CONFIDENTIAL EMPLOYEES; EMPLOYEES ENGAGED IN
FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY; AND
THOSE EMPLOYEES EXCLUDED UNDER SECTION 3(B)(3) OF THE ORDER; TEMPORARY
EMPLOYEES WITH APPOINTMENTS NOT TO EXCEED 6 MONTHS OR LESS AND ALL
TEMPORARY DISASTER EMPLOYEES.
--------------- FOOTNOTES: ---------------
/1/ WHILE THE IMPORT OF THIS DECISION WOULD INDICATE THAT AS A RESULT
OF THE HUD'S JULY 1, 1978 REORGANIZATION, CERTAIN EMPLOYEES MAY HAVE
ACCRETED TO OTHER UNITS REPRESENTED BY THE NFFE, THE AUTHORITY MAY NOT
CLARIFY SUCH UNITS IN THE ABSENCE OF APPROPRIATE PETITIONS.