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