[ v02 p225 ]
02:0225(25)CU
The decision of the Authority follows:
2 FLRA No. 25
VETERANS ADMINISTRATION
and
NATIONAL ASSOCIATION OF
GOVERNMENT EMPLOYEES
A/SLMR No. 1016
FLRC No. 78A-123
DECISION ON APPEAL FROM
ASSISTANT SECRETARY'S DECISION
BACKGROUND OF CASE
THIS CASE IS BEFORE THE AUTHORITY ON THE AGENCY'S PETITION FOR REVIEW
OF THE ASSISTANT SECRETARY'S DECISION IN A/SLMR NO. 1016. /1/ IN HIS
DECISION, THE ASSISTANT SECRETARY FOUND APPROPRIATE A CONSOLIDATED UNIT
CONSISTING OF ALL EMPLOYEES IN THE UNITS EXCLUSIVELY REPRESENTED BY THE
NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES (NAGE) IN THE DEPARTMENT OF
MEDICINE AND SURGERY OF THE VETERANS ADMINISTRATION (VA).
MORE PARTICULARLY, THE ASSISTANT SECRETARY FOUND THAT THE
CONSOLIDATED UNIT SOUGHT BY NAGE IS APPROPRIATE FOR THE PURPOSE OF
EXCLUSIVE RECOGNITION UNDER THE THREE CRITERIA SET FORTH IN SECTION
10(B) OF THE ORDER. IN SO FINDING, THE ASSISTANT SECRETARY NOTED THAT
THE PROPOSED CONSOLIDATED UNIT CONSTITUTES ALL OF THE UNITS EXCLUSIVELY
REPRESENTED BY NAGE WITHIN THE DEPARTMENT OF MEDICINE AND SURGERY, ONE
OF THE THREE MAJOR DEPARTMENTS WITHIN THE VA, WHICH PROVIDES MEDICAL
CARE AND TREATMENT FOR VETERANS. THE ASSISTANT SECRETARY FURTHER NOTED
AND RELIED ON SEVERAL COUNCIL DECISIONS INVOLVING THE CONSOLIDATION OF
UNITS IN WHICH THE COUNCIL CONSTRUED THE ASSISTANT SECRETARY'S
ESTABLISHMENT OF A PRESUMPTION IN FAVOR OF CONSOLIDATIONS " . . . AS A
RECOGNITION AND AFFIRMATION OF THE STRONG POLICY IN THE FEDERAL
LABOR-MANAGEMENT RELATIONS PROGRAM OF FACILITATING CONSOLIDATION . . . .
/2/ HE ALSO NOTED THE COUNCIL'S INDICATION, IN THOSE DECISIONS, THAT
SUCH AFFIRMATION ACCURATELY REFLECTS THE COUNCIL'S 1975 REPORT AND
RECOMMENDATIONS TO THE EFFECT THAT THE ASSISTANT SECRETARY SHOULD BE
MINDFUL OF FACILITATING THE CONSOLIDATION OF EXISTING UNITS WHICH
CONFORM TO THE APPROPRIATE UNIT CRITERIA OF SECTION 10(B) OF THE ORDER.
BASED UPON THE FOREGOING POLICY CONSIDERATIONS AND THE PARTICULAR
FACTS OF THE INSTANT CASE, THE ASSISTANT SECRETARY CONCLUDED THAT THE
PROPOSED CONSOLIDATED UNIT IS APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE
RECOGNITION UNDER THE ORDER. IN THIS REGARD HE STATED:
THUS, AS INDICATED ABOVE, THE UNIT SOUGHT ENCOMPASSES ALL THE
EMPLOYEES WITHIN THE
DEPARTMENT OF MEDICINE AND SURGERY REPRESENTED BY THE NAGE WHICH, IN
EFFECT, INCLUDES
ESSENTIALLY ALL THE NONPROFESSIONAL EMPLOYEES AT THE VARIOUS
HOSPITALS INVOLVED. ALL THE
EMPLOYEES WITHIN THE PETITIONED FOR CONSOLIDATED UNIT SHARE A COMMON
MISSION, ESSENTIALLY
SIMILAR JOB CLASSIFICATIONS AND WORKING CONDITIONS, AND SIMILAR LABOR
RELATIONS PRACTICES IN
ACCORDANCE WITH THE VA'S DELEGATION OF AUTHORITY. MOREOVER, ALTHOUGH
THE RECORD SHOWS THAT
THE VA AND THE NAGE NEGOTIATED SEPARATE AGREEMENTS COVERING THE
VARIOUS UNITS AT THE
INDIVIDUAL ACTIVITIES INVOLVED HEREIN, MANY OF THE SUBJECTS INCLUDED
IN SUCH AGREEMENTS ARE
DEALT WITH UNIFORMLY, INCLUDING, AMONG OTHERS, SUCH SUBJECTS AS
EVALUATION OF PERFORMANCE,
ANNUAL RATINGS, TRAINING, POSITION CLASSIFICATION, EQUAL EMPLOYMENT
OPPORTUNITY, LEAVE, HEALTH
AND SAFETY.
UNDER ALL OF THESE CIRCUMSTANCES, I FIND THAT THE EMPLOYEES IN THE
PETITIONED FOR
CONSOLIDATED UNIT, WHICH INCLUDES ESSENTIALLY ALL THE NONPROFESSIONAL
EMPLOYEES AT THE
PARTICULAR FACILITIES INVOLVED, SHARE A COMMUNITY OF INTEREST.
I FIND FURTHER THAT THE PETITIONED FOR CONSOLIDATED UNIT WILL PROMOTE
EFFECTIVE DEALINGS
AND EFFICIENCY OF AGENCY OPERATIONS. THUS, THE RECORD REFLECTS THAT
ALL PERSONNEL AND
ADMINISTRATIVE AUTHORITY FOR THE VA LIES WITH THE ADMINISTRATOR OF
THE VA. IN THIS
CONNECTION, THE AGENCY'S CENTRAL PERSONNEL OFFICE (CPO) DEVELOPS
AGENCY POLICY ON MATTERS
RELATING TO PERSONNEL, WHICH IS SET FORTH IN THE VA PERSONNEL MANUAL
AND WHICH IS DISSEMINATED
TO THE FIELD, AND THE VARIOUS FACILITIES MUST IMPLEMENT THOSE
POLICIES LOCALLY WITHIN THAT
FRAMEWORK. THE CPO ALSO ADVISES THE FIELD FACILITIES ON RECRUITMENT
AND PLACEMENT OF
INDIVIDUALS IN CATEGORIES DIFFICULT TO RECRUIT AND HAS PREPARED
RECRUITMENT BULLETINS OR
ADVERTISING TO BE PLACED IN PUBLICATIONS. IT ALSO PROVIDES ADVICE ON
THE ADMINISTRATION OF
THE WAGE PROGRAMS AND SALARY. WITH RESPECT TO LABOR-MANAGEMENT
RELATIONS, THE RECORD REVEALS
THAT THE LABOR RELATIONS OPERATIONS DIVISION OF THE CPO INCLUDES
APPROXIMATELY SIX LABOR
RELATIONS SPECIALISTS. IT ADVISES THE FIELD FACILITIES ON LABOR
RELATIONS MATTERS AND ALSO
PROVIDES ADVICE TO THE CHIEF MEDICAL DIRECTOR OF THE DEPARTMENT OF
MEDICINE AND SURGERY IN
CONNECTION WITH APPROVAL OF NEGOTIATED AGREEMENTS. ALTHOUGH THE COP
HAS ONLY OCCASIONALLY
BECOME DIRECTLY INVOLVED IN LOCAL NEGOTIATIONS, THE RECORD REVEALS
THAT WHEN ITS INVOLVEMENT
HAS BECOME NECESSARY AND IT HAS BEEN CALLED UPON, THE STAFF HAS
ENTERED INTO LOCAL
NEGOTIATIONS.
THE EVIDENCE ESTABLISHES THAT LOCALLY NEGOTIATED AGREEMENTS OR
AMENDMENTS TO ORIGINAL
AGREEMENTS ARE SENT TO THE LABOR RELATIONS OPERATIONS DIVISION OF THE
COP FOR REVIEW, AND THE
LATTER, IN TURN, FORWARDS THE AGREEMENTS TO THE VARIOUS SPECIALTY
AREAS WHICH RETURN THE
AGREEMENTS WITH THEIR COMMENTS. THE LABOR RELATIONS OPERATIONS
DIVISION THEN PREPARES
MEMORANDA EITHER APPROVING OR DISAPPROVING THE AGREEMENT INVOLVED, OR
APPROVING WITH
EXCEPTIONS TO CERTAIN AGREEMENT PROVISIONS. THE FINAL APPROVAL
NEGOTIATED AGREEMENTS FOR THE
DEPARTMENT OF MEDICINE AND SURGERY IS MADE BY THE CHIEF MEDICAL
DIRECTOR. FURTHER, FIELD
ACTIVITIES MUST PROMPTLY NOTIFY THE COP WHEN REQUESTS ARE MADE TO
NEGOTIATE NEW AGREEMENTS, OR
TO CHANGE EXISTING ONES; WHEN REQUESTS ARE MADE TO USE THE SERVICES
OF THE FEDERAL MEDIATION
AND CONCILIATION SERVICE OR THE FEDERAL SERVICE IMPASSES PANEL; WHEN
NEGOTIABILITY APPEALS
ARE TO BE MADE TO THE COUNCIL; OR WHEN QUESTIONS OF GRIEVABILITY ARE
RAISED WITH THE ASSISTANT
SECRETARY. IN ADDITION, WHERE NEGOTIATED AGREEMENTS PROVIDE FOR
AUTOMATIC RENEWAL UPON
NOTICE, SUCH NOTICES MAY NOT ISSUE WITHOUT THE APPROVAL OF THE CPO.
. . . .
BASED ON THESE FACTORS, INCLUDING PARTICULARLY THE CENTRALIZATION OF
PERSONNEL FUNCTIONS
AND POLICIES AT THE NATIONAL LEVEL, I FIND THAT THE PROPOSED
CONSOLIDATED UNIT WILL PROMOTE
EFFECTIVE DEALINGS. FURTHER, I FIND THAT AS THE PROPOSED CONSOLIDATED
UNIT, COVERING ALL THE
EMPLOYEES REPRESENTED BY THE NAGE IN THE DEPARTMENT OF MEDICINE AND
SURGERY, WILL PROVIDE FOR
BARGAINING IN A SINGLE UNIT RATHER THAN IN THE EXISTING 19 BARGAINING
UNITS, IT WILL PROMOTE A
MORE COMPREHENSIVE BARGAINING UNIT STRUCTURE AND WILL, THEREFORE,
PROMOTE THE EFFICIENCY OF
THE AGENCY'S OPERATIONS, AND IS CONSISTENT WITH THE POLICY OF THE
ORDER SET FORTH ABOVE.
ACCORDINGLY, THE ASSISTANT SECRETARY DIRECTED, PURSUANT TO SECTION
10(B)(4) OF THE ORDER, THAT ELECTIONS BE CONDUCTED IN A VOTING GROUP
COMPRISED OF ALL PROFESSIONAL EMPLOYEES IN THE UNIT FOUND APPROPRIATE,
AND IN A VOTING GROUP OF ALL NONPROFESSIONAL EMPLOYEES IN THAT UNIT.
/3/
UPON CONSIDERATION OF VA'S PETITION FOR REVIEW AND THE STATEMENT IN
SUPPORT THEREOF FILED BY THE DEPARTMENT OF DEFENSE AS AMICUS CURIAE
PURSUANT TO SECTION 2411.49 OF THE COUNCIL'S RULES, THE AUTHORITY
DETERMINED THAT THE ASSISTANT SECRETARY'S DECISION RAISES A MAJOR POLICY
ISSUE CONCERNING THE APPLICATION OF THE APPROPRIATE UNIT CRITERIA OF
SECTION 10(B) OF EXECUTIVE ORDER 11491, AS AMENDED, TO PROPOSED
CONSOLIDATIONS OF EXITING UNITS. THE AUTHORITY ALSO GRANTED THE VA'S
REQUEST FOR A STAY PURSUANT TO SECTION 2400.2 OF THEAUTHORITY'S
TRANSITION RULES WHICH INCORPORATES BY REFERENCE SECTION 2411.47(E) OF
THE COUNCIL'S RULES OF PROCEDURE. BOTH PARTIES FILED BRIEFS ON THE
MERITS, AS FURTHER PROVIDED IN SECTION 2400.2 OF THE AUTHORITY'S
TRANSITION RULES AND REGULATIONS WHICH INCORPORATES BY REFERENCE SECTION
2411.16(A) OF THE COUNCIL'S RULES. THE OFFICE OF PERSONNEL MANAGEMENT
AND THE GENERAL SERVICES ADMINISTRATION ALSO FILED BRIEFS ON THE MERITS
AS AMICI CURIAE. THE AUTHORITY HAS CAREFULLY CONSIDERED THESE DOCUMENTS
AS WELL AS THE ENTIRE RECORD IN THE CASE IN REACHING ITS DECISION
HEREIN.
OPINION
AS PREVIOUSLY INDICATED, THE ASSISTANT SECRETARY FOUND THAT A
CONSOLIDATED UNIT OF ALL EMPLOYEES IN THE 19 UNITS EXCLUSIVELY
REPRESENTED BY NAGE IN THE VAS'S DEPARTMENT OF MEDICINE AND SURGERY IS
APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION UNDER THE ORDER.
THE MAJOR POLICY ISSUE RAISED HEREIN CONCERNS THE APPLICATION OF THE
APPROPRIATE UNIT CRITERIA OF SECTION 10(B) OF THE ORDER TO PROPOSED
CONSOLIDATIONS OF EXISTING UNITS. MORE PARTICULARLY, THE QUESTION
PRESENTED HEREIN IS WHETHER THE INSTANT DECISION IS CONSISTENT WITH AND
PROMOTES THE PURPOSES AND POLICIES OF THE ORDER.
AFTER HAVING ACCEPTED THE INSTANT CASE ON THE FOREGOING MAJOR POLICY
ISSUE, THE AUTHORITY ISSUED ITS DECISION IN VETERANS ADMINISTRATION,
WASHINGTON, D.C., ASSISTANT SECRETARY CASE NO. 22-08518(UC), 1 FLRA NO.
55 (JUNE 12, 1979), REPORT NO. 8. IN THAT CASE, THE AUTHORITY
CONCLUDED, BASED UPON THE PARTICULAR FACTS AND CIRCUMSTANCES PRESENTED,
THAT A PROPOSED CONSOLIDATED UNIT CONSISTING OF ALL PROFESSIONAL AND
NONPROFESSIONAL EMPLOYEES WITHIN THE VA FOR WHICH THE AMERICAN
FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (AFGE) AND CERTAIN OF ITS
CONSTITUENT LOCALS ARE THE CURRENT EXCLUSIVE REPRESENTATIVES IS
APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION UNDER THE CRITERIA
OF SECTION 10(B) OF THE ORDER. IN SO CONCLUDING, THE AUTHORITY, AFTER
REVIEWING THE MISSION, FUNCTION, ORGANIZATION AND OPERATIONS OF THE VA,
STATED AS FOLLOWS:
IN 1975 EXECUTIVE ORDER 11491 WAS AMENDED BY EXECUTIVE ORDER 11838 TO
ESTABLISH A POLICY
WHICH WOULD FACILITATE THE CONSOLIDATION OF EXISTING EXCLUSIVE
BARGAINING UNITS. IN ITS
REPORT AND RECOMMENDATIONS WHICH ACCOMPANIED THE ISSUANCE OF
EXECUTIVE ORDER 11838, THE
FEDERAL LABOR RELATIONS COUNCIL EMPHASIZED THAT "THE CREATION OF MORE
COMPREHENSIVE UNITS IS A
NECESSARY EVOLUTIONARY STEP IN THE DEVELOPMENT OF A PROGRAM WHICH
MEETS THE NEEDS OF THE
PARTIES IN THE FEDERAL LABOR-MANAGEMENT RELATIONS PROGRAM AND BEST
SERVES THE PUBLIC
INTEREST." THE REPORT FURTHER STATED THAT A "CONSOLIDATED UNIT . . .
MUST STILL CONFORM TO
THE APPROPRIATE UNIT CRITERIA CONTAINED IN THE ORDER" AND THAT "(I)N
MAKING HIS DETERMINATION
ON THE APPROPRIATENESS OF (A) PROPOSED CONSOLIDATED UNIT, THE
ASSISTANT SECRETARY SHOULD BE
MINDFUL OF THE POLICY OF FACILITATING THE CONSOLIDATED OF EXISTING
BARGAINING
UNITS." (LABOR-MANAGEMENT RELATIONS IN THE FEDERAL SERVICE(1975), AT
35.) THEREAFTER, IN A
SERIES OF CASES INVOLVING THE ASSISTANT SECRETARY'S APPROVAL OF
PROPOSED CONSOLIDATED UNITS,
THE COUNCIL REAFFIRMED "THE STRONG POLICY IN THE FEDERAL
LABOR-MANAGEMENT RELATIONS PROGRAM OF
FACILITATING THE CONSOLIDATION OF EXISTING BARGAINING UNITS WHICH
STILL CONFORM TO THE THREE
APPROPRIATE UNIT CRITERIA CONTAINED IN SECTION 10(B) OF THE ORDER"
(SUPRA N.2). IN EACH CASE
THE COUNCIL DENIED REVIEW OF THE ASSISTANT SECRETARY'S DECISION,
NOTING THAT THE ASSISTANT
SECRETARY HAD AFFIRMATIVELY FOUND, BASED ON THE ENTIRE RECORD, THAT
THE PROPOSED CONSOLIDATED
UNIT AT ISSUE "SATISFI(D) EACH OF THE CRITERIA SPECIFIED IN SECTION
10(B) OF THE ORDER AND
(WOULD) PROMOTE A MORE COMPREHENSIVE BARGAINING UNIT STRUCTURE
CONSISTENT WITH THE PURPOSES OF
THE ORDER."
THE AUTHORITY WENT ON TO FIND THEREIN THAT THE UNIT SOUGHT,
ENCOMPASSING ALL THE EMPLOYEES WITHIN THE VA EXCLUSIVELY REPRESENTED BY
AFGE, SATISFIED THE APPROPRIATE UNIT CRITERIA OF SECTION 10(B) OF THE
ORDER. IN THIS REGARD, IT WAS FOUND THAT THE EMPLOYEES SHARE A CLEAR
AND IDENTIFIABLE COMMUNITY OF INTEREST IN THAT THEY SHARE A COMMON
MISSION, COMMON JOB CLASSIFICATIONS AND COMMON WORKING CONDITIONS, AND
WORK UNDER SIMILAR PERSONNEL AND LABOR RELATIONS POLICIES AS DELEGATED
BY THE VA ADMINISTRATOR; AND THAT THE PROPOSED CONSOLIDATED UNIT WILL
PROMOTE EFFECTIVE DEALINGS AND EFFICIENCY OF THE AGENCY'S OPERATIONS IN
VIEW OF THE CENTRALIZATION OF PERSONNEL AND LABOR RELATIONS FUNCTIONS
AND POLICIES AT THE NATIONAL LEVEL OF THE VA, THE ESTABLISHMENT OF BROAD
OPERATING POLICIES FOR THE VA AT THE NATIONAL LEVEL, AND THE REDUCTION
OF EXISTING BARGAINING UNITS, THEREBY REDUCING FRAGMENTATION AND
PROMOTING A MORE EFFECTIVE AND COMPREHENSIVE BARGAINING UNIT STRUCTURE.
IN THE INSTANT CASE, AS SET FORTH ABOVE (SUPRA P. 2), THE ASSISTANT
SECRETARY SIMILARLY CONCLUDED, BASED UPON THE FOREGOING POLICY
CONSIDERATIONS AND FACTS AND CIRCUMSTANCES PRESENTED, THAT THE PROPOSED
CONSOLIDATED UNIT CONSISTING OF ALL EMPLOYEES IN THE 19 UNITS
EXCLUSIVELY REPRESENTED BY NAGE WITHIN VA'S DEPARTMENT OF MEDICINE AND
SURGERY ALSO SATISFIES EACH OF THE THREE APPROPRIATE UNIT CRITERIA
CONTAINED IN SECTION 10(B) OF THE ORDER AND WILL PROMOTE A MORE
COMPREHENSIVE BARGAINING UNIT STRUCTURE CONSISTENT WITH THE PURPOSES AND
POLICIES OF THE ORDER. MORE SPECIFICALLY, AS PREVIOUSLY STATED, THE
ASSISTANT SECRETARY RELIED ON A SERIES OF DECISIONS (SUPRA N.2) IN WHICH
THE COUNCIL DENIED REVIEW OF FINDINGS THAT PROPOSED CONSOLIDATED UNITS
SIMILAR TO THE ONE INVOLVED HEREIN SATISFIED THE THREE CRITERIA OF
SECTION 10(B) AND WERE CONSISTENT WITH THE PURPOSES AND POLICIES OF THE
ORDER. IN LIGHT OF SUCH PRECEDENT AS WELL AS THE RECENT VETERANS
ADMINISTRATION DECISION (SUPRA P. 4) WHICH WAS ALSO ISSUED UNDER E.O.
11491, AS AMENDED, THE AUTHORITY IS CONSTRAINED TO CONCLUDE THAT THE
ASSISTANT SECRETARY'S FINDING THAT THE PROPOSED CONSOLIDATED UNIT IS
APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION IN THE
CIRCUMSTANCES PRESENTED IS CONSISTENT WITH THE PURPOSES AND POLICIES OF
THE ORDER /4/ AND THEREFORE MUST BE SUSTAINED. /5/
CONCLUSION
FOR THE REASONS SET FORTH ABOVE, AND PURSUANT TO SECTION 2400.2 OF
THE AUTHORITY'S TRANSITION RULES WHICH INCORPORATES BY REFERENCE SECTION
2411.18(B) OF THE COUNCIL'S RULES OF PROCEDURE, THE ASSISTANT
SECRETARY'S DECISION IS HEREBY SUSTAINED.
ISSUED, WASHINGTON, D.C., DECEMBER 7, 1979
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
/1/ THE AGENCY'S PETITION FOR REVIEW WAS FILED WITH THE FEDERAL LABOR
RELATIONS COUNCIL PURSUANT TO SECTION 4(C) OF EXECUTIVE ORDER 11491, AS
AMENDED, AND WAS PENDING BEFORE THE COUNCIL THEREUNDER ON DECEMBER 31,
1978. ON THAT DATE, THE FUNCTIONS OF THE COUNCIL UNDER EXECUTIVE ORDER
11491, AS AMENDED, WERE TRANSFERRED TO THE AUTHORITY UNDER SECTION 304
OF 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).
/2/ EDUCATION DIVISION, DEPARTMENT OF HEALTH, EDUCATION AND WELFARE,
WASHINGTON, D.C., A/SLMR NO. 822, FLRC NO. 77A-88 (MAR. 1, 1978), REPORT
NO. 145; INTERNAL REVENUE SERVICE, WASHINGTON, D.C. AND NATIONAL
TREASURY EMPLOYEES UNION, A/SLMR NO. 831, FLRC NO. 77A-112 (MAR. 1,
1978), REPORT NO. 145; AND BUREAU OF FIELD OPERATIONS, OFFICE OF
PROGRAM OPERATIONS, SOCIAL SECURITY ADMINISTRATION, DEPARTMENT OF
HEALTH, EDUCATION AND WELFARE, CHICAGO REGION V.A., A/SLMR NO. 876, FLRC
NO. 77A-136 (MAR. 1, 1978), REPORT NO. 145. SEE ALSO INTERNAL REVENUE
SERVICE, WASHINGTON, D.C., A/SLMR NO. 853, FLRC NO. 78A-12 (MAR. 12,
1978), REPORT NO. 150.
/3/ NAGE WAS THEREAFTER CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE OF
SEPARATE CONSOLIDATED UNITS OF PROFESSIONAL AND NONPROFESSIONAL
EMPLOYEES.
/4/ IN SO CONCLUDING, THE AUTHORITY IS AWARE THAT THE RECORD
DISCLOSES THAT NAGE EXCLUSIVELY REPRESENTS SOME 11,000 OR SUBSTANTIALLY
LESS THAN A MAJORITY OF THE EMPLOYEES IN THE DEPARTMENT OF MEDICINE AND
SURGERY OF VA IN THE UNITS SOUGHT TO BE CONSOLIDATED HEREIN. HOWEVER,
THE ASSISTANT SECRETARY AFFIRMATIVELY FOUND THAT THE PROPOSED
CONSOLIDATED UNIT MEETS EACH OF THE THREE APPROPRIATE UNIT CRITERIA
CONTAINED IN SECTION 10(B) AND FURTHER THAT SUCH UNIT WILL PROMOTE THE
PURPOSES AND POLICIES OF THE ORDER. IN SUSTAINING THAT FINDING, THE
AUTHORITY NOTES THAT NOTHING CONTAINED IN THE ORDER OR IN THE COUNCIL'S
1975 REPORT AND RECOMMENDATIONS REQUIRES THAT A LABOR ORGANIZATION MUST
EXCLUSIVELY REPRESENT A MAJORITY OF ALL EMPLOYEES WITHIN AN AGENCY OR
PRIMARY NATIONAL SUBDIVISION THEREOF IN ORDER TO CONSOLIDATE ITS
SEPARATELY REPRESENTED BARGAINING UNITS THEREIN. INDEED, SUCH A
REQUIREMENT WOULD SUBSTANTIALLY DEROGATE FROM THE POLICY OF FACILITATING
CONSOLIDATION, THEREBY REDUCING UNIT FRAGMENTATION AND PROMOTING
BROADER, MORE COMPREHENSIVE UNITS.
/5/ 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 ANY MANNER EITHER THE
MEANING OR APPLICATION OR RELATED PROVISIONS IN THE NEW STATUTE OR THE
RESULT WHICH WOULD BE REACHED BY THE AUTHORITY IF THE CASE HAD ARISEN
UNDER THE STATUTE RATHER THAN THE ORDER.