U.S. Department of Justice, Office of Management and Finance (Activity) and American Federation of State, Country and Municipal Employees, AFL-CIO, Capital Area Council of Federal Employees, No. 26 (Petitioner) and U.S. Department of Justice, Community Relations Service (Activity) and American Federation of Government Employees, AFL-CIO (Petitioner) 

 



[ v01 p669 ]
01:0669(74)RO
The decision of the Authority follows:


 1 FLRA No. 74
 
 U.S. DEPARTMENT OF JUSTICE,
 OFFICE OF MANAGEMENT AND FINANCE
 Activity
 
 and
 
 AMERICAN FEDERATION OF STATE,
 COUNTY AND MUNICIPAL EMPLOYEES,
 AFL-CIO, CAPITAL AREA COUNCIL
 OF FEDERAL EMPLOYEES, NO. 26
 Petitioner
                                            Assistant Secretary
                                            Case No. 22-09043(RO)
 
 
 U.S. DEPARTMENT OF JUSTICE,
 COMMUNITY RELATIONS SERVICE
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 Petitioner
                                            Assistant Secretary
                                            Case No. 22-09093(RO)
 
                    DECISION AND DIRECTION OF ELECTIONS
 
    UPON PETITIONS DULY FILED BY THE AMERICAN FEDERATION OF STATE, COUNTY
 AND MUNICIPAL EMPLOYEES, AFL-CIO, CAPITOL AREA COUNCIL OF FEDERAL
 EMPLOYEES, NO. 26 (AFSCME) AND THE AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO (AFGE), UNDER SECTION 6 OF EXECUTIVE ORDER 11491, AS
 AMENDED, A CONSOLIDATED HEARING WAS HELD BEFORE HEARING OFFICER C. DUFFY
 RAPP.  THE HEARING OFFICER'S RULINGS MADE AT THE HEARING ARE FREE FROM
 PREJUDICIAL ERROR AND ARE HEREBY AFFIRMED.  /1/
 
    THE FUNCTIONS OF THE ASSISTANT SECRETARY OF LABOR FOR
 LABOR-MANAGEMENT RELATIONS UNDER EXECUTIVE ORDER 11491, AS AMENDED, WERE
 TRANSFERRED TO THE AUTHORITY UNDER SECTION 304 OF THE REORGANIZATION
 PLAN NO. 2 OF 1978 (43 F.R. 36040), WHICH TRANSFER OF FUNCTIONS IS
 IMPLEMENTED BY SECTION 2400.2 OF THE AUTHORITY'S TRANSITION RULES AND
 REGULATIONS (44 F.R. 7).  THE AUTHORITY CONTINUES TO BE RESPONSIBLE FOR
 THE PERFORMANCE OF THESE FUNCTIONS AS PROVIDED IN SECTION 7135(B) OF THE
 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (92 STAT. 1215).
 
    UPON THE ENTIRE RECORD IN THE SUBJECT CASE, INCLUDING THE PARTIES'
 BRIEFS, THE AUTHORITY FINDS:
 
    1.  THE LABOR ORGANIZATIONS INVOLVED CLAIM TO REPRESENT CERTAIN
 EMPLOYEES OF THE DOJ.
 
    2.  IN CASE NO. 22-09043(RO), THE PETITIONER, AFSCME, SEEKS AN
 ELECTION IN A UNIT COMPOSED OF THE MORE THAN 500 UNREPRESENTED
 PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES OF THE DOJ'S OFFICE OF
 MANAGEMENT AND FINANCE (OMF) LOCATED AT THE WASHINGTON, D.C.
 HEADQUARTERS OF THE DOJ.  IN CASE NO. 22-09093(RO), THE PETITIONER,
 AFGE, SEEKS AN ELECTION IN A UNIT COMPOSED OF THE APPROXIMATELY 110
 PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES OF THE COMMUNITY RELATIONS
 SERVICE (CRS).  NEITHER THE AFSCME NOR THE AFGE SEEK ALTERNATIVE UNITS.
 THE DOJ, ON THE OTHER HAND, TAKES THE POSITION THAT BOTH THE PETITIONED
 FOR UNITS ARE INAPPROPRIATE.  IT CONTENDS THAT ONLY A UNIT OF ALL OF THE
 DOJ'S OFFICES, BOARDS AND DIVISIONS (OBDS), WHICH IT ASSERTS ARE TREATED
 AS ONE ADMINISTRATIVE BUREAU, WOULD BE APPROPRIATE.  THE PARTIES AGREE
 THAT THE PETITIONED FOR UNITS ARE UNREPRESENTED.
 
    THE DOJ IS HEADED BY THE ATTORNEY GENERAL OF THE UNITED STATES.
 ORGANIZATIONALLY, THE DOJ CONSISTS OF SIX BUREAUS, THE EXECUTIVE OFFICE
 FOR U.S. ATTORNEYS, THE UNITED STATES PAROLE COMMISSION AND, AS
 INDICATED ABOVE, A NUMBER OF OFFICES, BOARDS AND DIVISIONS, INCLUDING
 THE OMF AND THE CRS, THAT ARE REFERRED TO COLLECTIVELY AS OBDS.
 PROGRAMMATICALLY, FIVE BUREAUS, THREE OBDS AND THE EXECUTIVE OFFICE FOR
 U.S. ATTORNEYS, WHICH ARE PRINCIPALLY ENGAGED IN ENFORCING AND/OR
 ADMINISTERING CRIMINAL STATUTES, REPORT TO THE DEPUTY ATTORNEY GENERAL.
 ONE BUREAU AND EIGHT OBDS, INCLUDING THE UNITS PETITIONED FOR HEREIN,
 WHICH PRINCIPALLY ENFORCE AND/OR ADMINISTER CIVIL LAWS AND REGULATIONS,
 REPORT TO THE ASSOCIATE ATTORNEY GENERAL.  THE REMAINDER OF THE OBDS,
 THE UNITED STATES PAROLE COMMISSION AND THE FEDERAL BUREAU OF
 INVESTIGATION (ON INTERNAL SECURITY MATTERS) REPORT DIRECTLY TO THE
 ATTORNEY GENERAL.
 
    THE ASSISTANT ATTORNEY GENERAL FOR ADMINISTRATION (AAG/A) IS
 RESPONSIBLE FOR ADMINISTRATIVE MATTERS AT THE DOJ.  IN THIS REGARD, HE
 PERFORMS BASICALLY THREE FUNCTIONS:  ISSUING ADMINISTRATIVE POLICIES FOR
 THE DOJ AS A WHOLE AS WELL AS SUPPLYING ALL DOJ'S ACTIVITIES WITH
 PERSONNEL SUPPORT, INCLUDING LABOR RELATIONS;  PROVIDING DIRECT
 ADMINISTRATIVE ASSISTANCE TO THE OBDS COLLECTIVELY;  /2/ AND SERVING AS
 THE OPERATIONAL HEAD OF ONE OF THE PETITIONED FOR UNITS, THE OMF.
 
    THE BARGAINING HISTORY AMONG OBDS REFLECTS THAT CURRENTLY ONE OBD,
 THE BOARD OF IMMIGRATION APPEALS (BIA), HAS AN EXCLUSIVELY RECOGNIZED
 UNIT WITH A COLLECTIVE BARGAINING AGREEMENT AND THAT THE DOJ HAD, PRIOR
 TO A RECENT REORGANIZATION, GIVEN SEPARATE RECOGNITIONS TO TWO FORMER
 OBDS.
 
    IN CASE NO. 22-09043(RO), THE AUTHORITY FINDS THE PETITIONED FOR UNIT
 OF ALL OMF EMPLOYEES LOCATED IN WASHINGTON, D.C.  /3/ IS APPROPRIATE FOR
 THE PURPOSE OF EXCLUSIVE RECOGNITION UNDER SECTION 10(B) OF THE ORDER AS
 IT SATISFIES EQUALLY EACH OF THE UNIT DETERMINATION CRITERIA OF THE
 ORDER.  IN THIS REGARD, THE RECORD REFLECTS THAT THE EMPLOYEES IN THE
 PETITIONED FOR UNIT SHARE A CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST
 SEPARATE AND DISTINCT FROM OTHER OBD AND DOJ EMPLOYEES.  THUS, THE OMF,
 WHICH IS THE MANAGEMENT ARM OF THE DOJ, UNLIKE MOST OTHER OBDS IN THE
 DOJ, CONTAINS FEW ATTORNEYS AND PARALEGALS, AND HAS A SUBSTANTIAL NUMBER
 OF JOB CLASSIFICATIONS AND WORK FUNCTIONS THAT ARE HIGHLY CONCENTRATED
 IN THE OMF.  OMF EMPLOYEES PERFORM WORK THAT IS SELDOM DONE ELSEWHERE IN
 THE DOJ, INCLUDING ADMINISTRATIVE AND LABOR RELATIONS SUPPORT WORK.
 MOREOVER, MANY JOBS FOUND IN THE OMF ARE PREDOMINANTLY INDUSTRIAL IN
 NATURE AND INVOLVE SPECIALIZED SKILLS SUCH AS PRINTING AND LITHOGRAPHY,
 WAREHOUSING AND TELEPHONE COMMUNICATIONS, COMPUTER MACHINERY AND
 ELECTRONICS, AND BINDERY AND FINISHING WORK.  ALSO, OMF EMPLOYEES HAVE
 SEPARATE DIRECT SUPERVISION AND COMPETITIVE AREAS FOR
 REDUCTIONS-IN-FORCE, AND THE AMOUNT OF EMPLOYEE INTERCHANGE WITHIN THE
 OMF FAR EXCEEDS MOVEMENT INTO AND OUT OF THE UNIT.  IN ADDITION, THE
 AUTHORITY FINDS THAT SUCH A UNIT WILL ALSO PROMOTE EFFECTIVE DEALINGS AS
 EVIDENCED BY THE FACT THAT THE AAG/A, WHO ESTABLISHES LABOR RELATIONS
 POLICY AT THE DOJ, IS HIMSELF THE HEAD OF THE PETITIONED FOR UNIT AND IS
 THE LOCUS OF PERSONNEL ADMINISTRATION IN THE DOJ, AND HAS THE AUTHORITY
 AND STAFF THAT ARE PRESENTLY ENGAGED IN LABOR RELATIONS MATTERS AT ALL
 LEVELS OF THE DOJ, INCLUDING THE OMF.  FURTHER, THERE EXISTS AN AGENCY
 BARGAINING HISTORY WITH REGARD TO OBDS AS REFLECTED BY THE FACT THAT
 CURRENTLY IN ONE OBD, THE BIA, THERE IS A UNIT OF EXCLUSIVE RECOGNITION
 WITH AN EXISTING NEGOTIATED AGREEMENT /4/ AND THAT EXCLUSIVE
 RECOGNITIONS WERE AFFORDED TO TWO FORMER OBDS.  THUS, THE PROPOSED UNIT
 WILL PROMOTE EFFICIENCY OF AGENCY OPERATIONS AS IT CONSTITUTES A
 FUNCTIONAL UNIT WITH A WELL DEFINED MISSION, WHICH IS CONSISTENT WITH
 THE ORGANIZATIONAL AND OPERATIONAL STRUCTURE OF THE DOJ. /5/
 
    IN CASE NO.22-09093(RO), THE AUTHORITY ALSO FINDS THAT THE PETITIONED
 FOR UNIT OF ALL CRS EMPLOYEES IS APPROPRIATE FOR THE PURPOSE OF
 EXCLUSIVE RECOGNITION AS IT SATISFIES EQUALLY EACH OF THE UNIT
 DETERMINATION CRITERIA OF THE ORDER.  THE CRS, WHICH WAS ESTABLISHED BY
 TITLE X OF THE 1964 CIVIL RIGHTS ACT "TO PROVIDE ASSISTANCE TO
 COMMUNITIES . . . IN RESOLVING DISPUTES, DISAGREEMENTS, AND DIFFICULTIES
 RELATING TO DISCRIMINATION BASED ON RACE, COLOR, OR NATIONAL ORIGIN . .
 . ," IS HEADED BY A DIRECTOR LOCATED AT THE WASHINGTON HEADQUARTERS OF
 THE DOJ WHO IS APPOINTED BY THE PRESIDENT OF THE UNITED STATES FOR A
 TERM OF FOUR YEARS WITH THE ADVISE AND CONSENT OF THE SENATE.  ITS
 EMPLOYEES CARRY OUT THEIR SPECIALIZED MISSION BY CONCILIATION, MEDIATION
 AND TECHNICAL ASSISTANCE.  UNLIKE MOST OTHER OBDS, A PREPONDERANCE OF
 THE SOME 110 PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES OF THE CRS ARE
 LOCATED IN 10 REGIONAL OFFICES.  CRS EMPLOYEES ARE USUALLY MEDIATORS,
 MOSTLY NON-ATTORNEYS, WORK ON TWENTY-FOUR HOURS CALL, TRAVEL OVER FORTY
 PERCENT OF THEIR WORK TIME, ARE SUBJECT TO LIMITED SUPERVISION AND ARE
 EXPECTED TO DEVELOP THEIR OWN WORK CONTACTS.  ALSO, CRS EMPLOYEES OFTEN
 WORK UNDER HAZARDOUS CONDITIONS, HAVE SPECIALIZED JOB DESCRIPTIONS, AND
 HAVE UNIQUE , BACKGROUNDS IN DISPUTE RESOLUTION WHICH IS DISSIMILAR FROM
 MOST EMPLOYEES OF THE OBDS AND ELSEWHERE IN THE DOJ.  CRS EMPLOYEES
 SELDOM INTERFERE WITH THE DOJ STAFF AND HAVE SEPARATE COMPETITIVE AREAS
 FOR REDUCTIONS-IN-FORCE.  THUS, THE AUTHORITY CONCLUDES THAT THE
 PETITIONED FOR EMPLOYEES SHARE A CLEAR AND IDENTIFIABLE COMMUNITY OF
 INTEREST SEPARATE AND DISTINCT FROM OTHER EMPLOYEES OF THE OBDS AND THE
 DOJ.  FURTHER, THE PROPOSED UNIT OF ALL EMPLOYEES OF THE CRS, INCLUDING
 THOSE IN THE HEADQUARTERS IN WASHINGTON, D.C., WHICH IS THE LOCUS OF
 PERSONNEL AUTHORITY OF THE DOJ, WILL PROMOTE EFFECTIVE DEALINGS.  SUCH A
 UNIT, AS NOTED ABOVE IN CONNECTION WITH THE OMF UNIT, IS CONSISTENT WITE
 THE ESTABLISHED BARGAINING HISTORY AMONG OBDS AT THE AGENCY.  MOREOVER,
 THE ESTABLISHMENT OF THIS UNIT WILL FURTHER EFFICIENCY OF AGENCY
 OPERATIONS AS IT FOLLOWS THE ORGANIZATIONAL AND OPERATIONAL STRUCTURE OF
 THE AGENCY AND PREVENTS FRAGMENTATION OF THE CRS INTO POSSIBLE
 HEADQUARTERS AND REGIONAL UNITS.  /6/
 
    BASED ON THE FOREGOING, THE AUTHORITY FINDS THAT IN CASE NO.
 22-09043(RO) THE FOLLOWING EMPLOYEES CONSTITUTE A UNIT APPROPRIATE FOR
 THE PURPOSE OF EXCLUSIVE RECOGNITION UNDER EXECUTIVE ORDER 11491, AS
 AMENDED:
 
    ALL PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES OF THE UNITED STATES
 DEPARTMENT OF JUSTICE,
 
    OFFICE OF MANAGEMENT AND FINANCE, EMPLOYED IN THE WASHINGTON, D.C.,
 METROPOLITAN AREA,
 
    EXCLUDING MANAGEMENT OFFICIALS, CONFIDENTIAL EMPLOYEES, EMPLOYEES
 ENGAGED IN FEDERAL PERSONNEL
 
    WORK IN OTHER THAN A PURELY CLERICAL CAPACITY, AND SUPERVISORS AS
 DEFINED IN EXECUTIVE ORDER
 
    11491, AS AMENDED.
 
    AS STATED ABOVE, THE UNIT FOUND APPROPRIATE INCLUDES PROFESSIONAL
 EMPLOYEES.  HOWEVER, THE AUTHORITY IS PROHIBITED BY SECTION 10(B)(4) OF
 THE ORDER FROM INCLUDING PROFESSIONAL EMPLOYEES IN A UNIT WITH
 NONPROFESSIONAL EMPLOYEES UNLESS A MAJORITY OF THE PROFESSIONAL
 EMPLOYEES VOTES FOR INCLUSION IN SUCH A UNIT.  ACCORDINGLY, THE DESIRES
 OF THE PROFESSIONAL EMPLOYEES AS TO THEIR INCLUSION IN A UNIT WITH
 NONPROFESSIONAL EMPLOYEES MUST BE ASCERTAINED, AND THE AUTHORITY WILL
 DIRECT THAT SEPARATE ELECTIONS BE CONDUCTED IN THE FOLLOWING VOTING
 GROUPS:
 
    VOTING GROUP (A):  ALL PROFESSIONAL EMPLOYEES OF THE UNITED STATES
 DEPARTMENT OF JUSTICE, OFFICE OF MANAGEMENT AND FINANCE, EMPLOYED IN THE
 WASHINGTON, D.C.  METROPOLITAN AREA, EXCLUDING ALL NONPROFESSIONAL
 EMPLOYEES, MANAGEMENT OFFICIALS, CONFIDENTIAL EMPLOYEES, EMPLOYEES
 ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL
 CAPACITY, AND SUPERVISORS AS DEFINED IN EXECUTIVE ORDER 11491, AS
 AMENDED.
 
    VOTING GROUP (B):  ALL NONPROFESSIONAL EMPLOYEES OF THE UNITED STATES
 DEPARTMENT OF JUSTICE, OFFICE OF MANAGEMENT AND FINANCE, EMPLOYED IN THE
 WASHINGTON, D.C.  METROPOLITAN AREA, EXCLUDING ALL PROFESSIONAL
 EMPLOYEES, MANAGEMENT OFFICIALS, CONFIDENTIAL EMPLOYEES, EMPLOYEES
 ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL
 CAPACITY, AND SUPERVISORS AS DEFINED IN EXECUTIVE ORDER 11491, AS
 AMENDED.
 
    THE EMPLOYEES IN THE NONPROFESSIONAL VOTING GROUP (B) WILL BE POLLED
 WHETHER THEY DESIRE TO BE REPRESENTED BY THE AMERICAN FEDERATION OF
 STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, CAPITOL AREA COUNCIL OF
 FEDERAL EMPLOYEES, NO. 26.
 
    THE EMPLOYEES IN THE PROFESSIONAL VOTING GROUP (A) WILL BE ASKED TWO
 QUESTIONS ON THEIR BALLOT:  (1) WHETHER THEY WISHED TO BE INCLUDED WITH
 THE NONPROFESSIONAL EMPLOYEES FOR THE PURPOSE OF EXCLUSIVE RECOGNITION;
 AND (2) WHETHER THEY WISH TO BE REPRESENTED FOR THE PURPOSE OF EXCLUSIVE
 RECOGNITION BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
 EMPLOYEES, AFL-CIO, CAPITOL AREA COUNCIL OF FEDERAL EMPLOYEES, NO. 26.
 IN THE EVENT THAT A MAJORITY OF THE VALID VOTES OF VOTING GROUP (A) IS
 CAST IN FAVOR OF INCLUSION IN THE SAME UNIT AS THE NONPROFESSIONAL
 EMPLOYEES, THE BALLOTS OF VOTING GROUP (A) SHALL BE COMBINED WITH THOSE
 OF VOTING GROUP (B).
 
    UNLESS A MAJORITY OF THE VALID VOTES OF VOTING GROUP (A) IS CAST FOR
 INCLUSION IN THE SAME UNIT AS THE NONPROFESSIONAL EMPLOYEES, THEY WILL
 BE TAKEN TO HAVE INDICATED THEIR DESIRE TO CONSTITUTE A SEPARATE UNIT,
 AND AN APPROPRIATE CERTIFICATION WILL BE ISSUED BY THE APPROPRIATE
 REGIONAL DIRECTOR INDICATING WHETHER THE AMERICAN FEDERATION OF STATE,
 COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, CAPITOL AREA COUNCIL OF FEDERAL
 EMPLOYEES, NO. 26, WAS SELECTED BY THE PROFESSIONAL EMPLOYEE UNIT.
 
    THE UNIT DETERMINATION IN THE SUBJECT CASE IS BASED, IN PART, THEN,
 UPON THE RESULTS OF THE ELECTION AMONG THE PROFESSIONAL EMPLOYEES.
 HOWEVER, THE AUTHORITY WILL NOW MAKE THE FOLLOWING FINDINGS IN REGARD TO
 THE APPROPRIATE UNIT:
 
    1.  IF A MAJORITY OF THE PROFESSIONAL EMPLOYEES VOTED FOR INCLUSION
 IN THE SAME UNIT AS THE NONPROFESSIONAL EMPLOYEES, THE AUTHORITY FINDS
 THAT THE FOLLOWING EMPLOYEES WILL CONSTITUTE A UNIT APPROPRIATE FOR THE
 PURPOSE OF EXCLUSIVE RECOGNITION UNDER EXECUTIVE ORDER 11491, AS
 AMENDED.
 
    ALL PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES OF THE UNITED STATES
 DEPARTMENT OF JUSTICE,
 
    OFFICE OF MANAGEMENT AND FINANCE, EMPLOYED IN THE WASHINGTON, D.C.
 METROPOLITAN AREA,
 
    EXCLUDING ALL MANAGEMENT OFFICIALS, CONFIDENTIAL EMPLOYEES, EMPLOYEES
 ENGAGED IN FEDERAL
 
    PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY, AND
 SUPERVISORS AS DEFINED IN
 
    EXECUTIVE ORDER 11491, AS AMENDED.
 
    2.  IF A MAJORITY OF THE PROFESSIONAL EMPLOYEES DOES NOT VOTE FOR
 INCLUSION IN THE SAME UNIT AS THE NONPROFESSIONAL EMPLOYEES, THE
 AUTHORITY FINDS THAT THE FOLLOWING TWO GROUPS OF EMPLOYEES WILL
 CONSTITUTE SEPARATE UNITS APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE
 RECOGNITION UNDER EXECUTIVE ORDER 11491, AS AMENDED:
 
    (A) ALL EMPLOYEES OF THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE
 OF MANAGEMENT AND
 
    FINANCE, EMPLOYED IN THE WASHINGTON, D.C. METROPOLITAN AREA,
 EXCLUDING ALL PROFESSIONAL
 
    EMPLOYEES, MANAGEMENT OFFICIALS, CONFIDENTIAL EMPLOYEES, EMPLOYEES
 ENGAGED IN FEDERAL
 
    PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY, AND
 SUPERVISORS AS DEFINED IN
 
    EXECUTIVE ORDER 11491, AS AMENDED.
 
    (B) ALL PROFESSIONAL EMPLOYEES OF THE UNITED STATES DEPARTMENT OF
 JUSTICE, OFFICE OF
 
    MANAGEMENT AND FINANCE, EMPLOYED IN THE WASHINGTON, D.C.
 METROPOLITAN AREA, EXCLUDING ALL
 
    NONPROFESSIONAL EMPLOYEES, MANAGEMENT OFFICIALS, CONFIDENTIAL
 EMPLOYEES, EMPLOYEES ENGAGED IN
 
    FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY, AND
 SUPERVISORS AS DEFINED IN
 
    EXECUTIVE ORDER 11491, AS AMENDED.
 
    SIMILARLY, THE AUTHORITY FINDS THAT IN CASE NO. 22-09093(RO) THE
 FOLLOWING EMPLOYEES CONSTITUTE A UNIT APPROPRIATE FOR THE PURPOSE OF
 EXCLUSIVE RECOGNITION UNDER EXECUTIVE ORDER 11491, AS AMENDED:
 
    ALL PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES OF THE UNITED STATES
 DEPARTMENT OF JUSTICE,
 
    COMMUNITY RELATIONS SERVICE, EXCLUDING ALL MANAGEMENT OFFICIALS,
 CONFIDENTIAL EMPLOYEES,
 
    EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY
 CLERICAL CAPACITY, AND
 
    SUPERVISORS AS DEFINED IN EXECUTIVE ORDER 11491, AS AMENDED.
 
    AS STATED ABOVE, THE UNIT FOUND APPROPRIATE INCLUDES PROFESSIONAL
 EMPLOYEES, AND, THEREFORE, THE DESIRES OF THE PROFESSIONAL EMPLOYEES AS
 TO INCLUSION IN A UNIT WITH NONPROFESSIONAL EMPLOYEES MUST BE
 ASCERTAINED, AND THE AUTHORITY WILL DIRECT THAT SEPARATE ELECTIONS IN
 THE FOLLOWING GROUPS.
 
    VOTING GROUP (A):  ALL PROFESSIONAL EMPLOYEES OF THE UNITED STATES
 DEPARTMENT OF JUSTICE, COMMUNITY RELATIONS SERVICE, EXCLUDING ALL
 NONPROFESSIONAL EMPLOYEES, MANAGEMENT OFFICIALS, CONFIDENTIAL EMPLOYEES,
 EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY
 CLERICAL CAPACITY, AND SUPERVISORS AS DEFINED IN EXECUTIVE ORDER 11491,
 AS AMENDED.
 
    VOTING GROUP (B):  ALL NONPROFESSIONAL EMPLOYEES OF THE UNITED STATES
 DEPARTMENT OF JUSTICE, COMMUNITY RELATIONS SERVICE, EXCLUDING ALL
 PROFESSIONAL EMPLOYEES, MANAGEMENT OFFICIALS, CONFIDENTIAL EMPLOYEES,
 EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY
 CLERICAL CAPACITY, AND SUPERVISORS AS DEFINED IN EXECUTIVE ORDER 11491,
 AS AMENDED.
 
    THE EMPLOYEES IN THE NONPROFESSIONAL VOTING GROUP (B) WILL BE POLLED
 WHETHER THEY DESIRE TO BE REPRESENTED BY THE AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO
 
    THE EMPLOYEES IN THE PROFESSIONAL VOTING GROUP (A) WILL BE ASKED TWO
 QUESTIONS ON THEIR BALLOT:  (1) WHETHER THEY WISHED TO BE INCLUDED WITH
 THE NONPROFESSIONAL EMPLOYEES FOR THE PURPOSE OF EXCLUSIVE RECOGNITION;
 AND (2) WHETHER THEY WISH TO BE REPRESENTED FOR THE PURPOSE OF EXCLUSIVE
 RECOGNITION BY THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO.
  IN THE EVENT THAT A MAJORITY OF THE VALID VOTES OF VOTING GROUP (A) IS
 CAST IN FAVOR OF INCLUSION IN THE SAME UNIT AS THE NONPROFESSIONAL
 EMPLOYEES, THE BALLOTS OF VOTING GROUP (A) SHALL BE COMBINED WITH THOSE
 OF VOTING GROUP (B).
 
    UNLESS A MAJORITY OF THE VALID VOTES OF VOTING GROUP (A) IS CAST FOR
 INCLUSION IN THE SAME UNIT AS THE NONPROFESSIONAL EMPLOYEES, THEY WILL
 BE TAKEN TO HAVE INDICATED THEIR DESIRE TO CONSTITUTE A SEPARATE UNIT,
 AND AN APPROPRIATE CERTIFICATION WILL BE ISSUED BY THE APPROPRIATE
 REGIONAL DIRECTOR INDICATING WHETHER THE AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO, WAS SELECTED BY THE PROFESSIONAL EMPLOYEE
 UNIT.
 
    THE UNIT DETERMINATION IN THE SUBJECT CASE IS BASED, IN PART, THEN,
 UPON THE RESULTS OF THE ELECTION AMONG THE PROFESSIONAL EMPLOYEES.
 HOWEVER, THE AUTHORITY WILL NOW MAKE THE FOLLOWING FINDINGS IN REGARD TO
 THE APPROPRIATE UNIT:
 
    1.  IF A MAJORITY OF THE PROFESSIONAL EMPLOYEES VOTED FOR INCLUSION
 IN THE SAME UNIT AS THE NONPROFESSIONAL EMPLOYEES, THE AUTHORITY FINDS
 THAT THE FOLLOWING EMPLOYEES WILL CONSTITUTE A UNIT APPROPRIATE FOR THE
 PURPOSE OF EXCLUSIVE RECOGNITION UNDER EXECUTIVE ORDER 11491, AS
 AMENDED.
 
    ALL PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES OF THE UNITED STATES
 DEPARTMENT OF JUSTICE,
 
    COMMUNITY RELATIONS SERVICE, EXCLUDING ALL MANAGEMENT OFFICIALS,
 CONFIDENTIAL EMPLOYEES,
 
    EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY
 CLERICAL CAPACITY, AND
 
    SUPERVISORS AS DEFINED IN EXECUTIVE ORDER 11491, AS AMENDED.
 
    2.  IF A MAJORITY OF THE PROFESSIONAL EMPLOYEES DOES NOT VOTE FOR
 INCLUSION IN THE SAME UNIT AS THE NONPROFESSIONAL EMPLOYEES, THE
 AUTHORITY FINDS THAT THE FOLLOWING TWO GROUPS OF EMPLOYEES WILL
 CONSTITUTE SEPARATE UNITS APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE
 RECOGNITION UNDER EXECUTIVE ORDER 11491, AS AMENDED:
 
    (A) ALL EMPLOYEES OF THE UNITED STATES DEPARTMENT OF JUSTICE,
 COMMUNITY RELATIONS SERVICE,
 
    EXCLUDING ALL PROFESSIONAL EMPLOYEES, MANAGEMENT OFFICIALS,
 CONFIDENTIAL EMPLOYEES, EMPLOYEES
 
    ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL
 CAPACITY, AND SUPERVISORS AS
 
    DEFINED IN EXECUTIVE ORDER 11491, AS AMENDED.
 
    (B) ALL PROFESSIONAL EMPLOYEES OF THE UNITED STATES DEPARTMENT OF
 JUSTICE, COMMUNITY
 
    RELATIONS SERVICE, EXCLUDING ALL NONPROFESSIONAL EMPLOYEES,
 MANAGEMENT OFFICIALS, CONFIDENTIAL
 
    EMPLOYEES, EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN
 A PURELY CLERICAL
 
    CAPACITY, AND SUPERVISORS AS DEFINED IN EXECUTIVE ORDER 11491, AS
 AMENDED.
 
                        DIRECTION OF ELECTIONS /7/
 
    ELECTIONS BY SECRET BALLOT SHALL BE CONDUCTED AMONG THE EMPLOYEES IN
 THE UNITS FOUND APPROPRIATE AS EARLY AS POSSIBLE, BUT NOT LATER THAN 60
 DAYS FROM THE DATE BELOW.  THE APPROPRIATE REGIONAL DIRECTOR SHALL
 SUPERVISE THE ELECTIONS, SUBJECT TO THE AUTEORITY'S REGULATIONS.
 ELIGIBLE TO VOTE ARE THOSE IN THE UNITS WHO WERE EMPLOYED DURING THE
 PAYROLL PERIOD IMMEDIATELY PRECEDING THE DATE BLOW, INCLUDING EMPLOYEES
 WHO DID NOT WORK DURING THAT PERIOD BECAUSE THEY WERE OUT ILL, OR ON
 VACATION OR ON FURLOUGH, INCLUDING THOSE IN THE MILITARY SERVICE WHO
 APPEAR IN PERSON AT THE POLLS.  INELIGIBLE TO VOTE ARE ALL EMPLOYEES WHO
 QUIT OR WERE DISCHARGED FOR CAUSE SINCE THE DESIGNATED PAYROLL PERIOD
 AND WHO HAVE NOT BEEN REHIRED OR REINSTATED BEFORE THE ELECTION DATE.
 THOSE ELIGIBLE SHALL VOTE WHETHER THEY DESIRE TO BE REPRESENTED FOR THE
 PURPOSE OF EXCLUSIVE RECOGNITION, IN CASE NO. 22-09043(RO) BY THE
 AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO,
 CAPITOL AREA COUNCIL OF FEDERAL EMPLOYEES, NO. 26, AND IN CASE NO.
 22-09093(RO) BY THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 AFL-CIO, RESPECTIVELY.
 
    ISSUED, WASHINGTON, D.C., JUNE 20, 1979
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
    /1/ AFTER THE HEARING THE AGENCY, THE DEPARTMENT OF JUSTICE (DOJ),
 MOVED TO REOPEN THE RECORD TO "CORRECT" THE TESTIMONY OF A WITNESS
 CONCERNING HIS OPINION OF THE NUMBER OF STAFF EMPLOYEES WHICH MIGHT BE
 NEEDED IF IN THE FUTURE ADDITIONAL RECOGNIZED UNITS WERE FOUND
 APPROPRIATE.  THE AFSCME AND THE AFGE FILED OPPOSITIONS TO THE MOTION.
 UNDER ALL THE CIRCUMSTANCES, AND NOTING THAT THE PROPOSED MODIFICATION
 CONCERNS ONLY OPINION BASED ON A SPECULATIVE SET OF FACTS, THE MOTION IS
 HEREBY GRANTED.
 
    /2/ THE RECORD REVEALS THAT IN PROVIDING DIRECT ADMINISTRATIVE
 ASSISTANCE TO THE OBDS, THE AAG/A'S RESPONSIBILITIES ARE LARGELY OF A
 SUPPORT NATURE TO THE OBD DIRECTORS AND HEADS WITH RESPECT TO PERSONNEL
 ACTIONS, BUT THAT THEY RETAIN CONSIDERABLE DISCRETION IN IMPLEMENTING
 PERSONNEL AND ADMINISTRATIVE POLICIES.
 
    /3/ THE RECORD REFLECTS THAT ASIDE FROM A SMALL AUDIT UNIT IN
 BURLINGAME, CALIFORNIA, WHICH IS NOT INCLUDED IN THE PETITIONED FOR
 UNIT, ALL OF THE OMF EMPLOYEES ARE LOCATED AT THE WASHINGTON, D.C.
 HEADQUARTERS OF THE DOJ.
 
    /4/ THE NEGOTIATED AGREEMENT WITH THE BIA ORIGINALLY EFFECTIVE IN
 1976 AND SINCE RENEWED, COVERS AMONG OTHER THINGS, MANAGEMENT RIGHTS,
 EMPLOYEE RIGHTS, UNION RIGHTS AND REPRESENTATION, USE OF OFFICIAL
 FACILITIES AND SERVICES, GRIEVANCE PROCEDURES, ARBITRATION, DISCIPLINARY
 ACTIONS, OVERTIME, LEAVE, SAFETY AND HEALTH, PROMOTIONS, WORK DETAILS,
 EQUAL EMPLOYMENT OPPORTUNITY, REDUCTIONS-IN-FORCE, DUES WITHHOLDING,
 POSITION DESCRIPTIONS, PERFORMANCE EVALUATIONS, HOURS OF WORK, ETC.
 
    /5/ AS PREVIOUSLY NOTED THE VARIOUS OBDS REPORT ORGANIZATIONALLY AND
 ADMINISTRATIVELY THROUGH DIFFERENT CHANNELS.
 
    /6/ IN THE INSTANT PROCEEDING THE AUTHORITY FINDS ONLY THAT THE
 PETITIONED FOR UNITS ARE APPROPRIATE.  THE CONCLUSIONS HEREIN ARE NOT TO
 BE CONSTRUED AS INFERRING THAT ANY OTHER OBD, BUREAU, OR OTHER
 ADMINISTRATIVE UNIT OF THE DOJ, OR COMBINATION THEREOF, IS APPROPRIATE,
 OR INAPPROPRIATE, FOR THE PURPOSES OF EXCLUSIVE RECOGNITION.
 
    /7/ IN CONFORMITY WITH SECTION 902(B) OF THE CIVIL SERVICE REFORM ACT
 OF 1978 (92 STAT. 1224), THE INSTANT CASE WAS DECIDED SOLELY ON THE
 BASIS OF E.O. 11491, AS AMENDED, AND AS IF THE NEW FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE (92 STAT. 1191) HAD NOT BEEN ENACTED.
  THE DECISION DOES NOT PREJUDGE IN AN