[ v05 p97 ]
05:0097(19)CU
The decision of the Authority follows:
5 FLRA No. 19
INTERNATIONAL COMMUNICATION AGENCY
Agency/Joint Petitioner
and
NATIONAL FEDERATION OF FEDERAL EMPLOYEES,
LOCAL 1418
Labor Organization/Joint Petitioner
Case No. 3-CU-32
INTERNATIONAL COMMUNICATION AGENCY
Agency/Joint Petitioner
and
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
LOCAL 1812
Labor Organization/Joint Petitioner
Case No. 3-CU-33
DECISION 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: THE LABOR ORGANIZATIONS INVOLVED CLAIM TO REPRESENT CERTAIN
EMPLOYEES OF THE AGENCY. BY MEANS OF THE CONSOLIDATED PETITIONS, THE
JOINT PETITIONERS SEEK TO SEVER FROM THE EXISTING NATIONWIDE UNIT
EXCLUSIVELY REPRESENTED BY LOCAL 1812, AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES (AFGE), THE NONSUPERVISORY RADIO BROADCAST TECHNICIANS, WHOSE
WORK LOCATION IS NEW YORK CITY, AND TO ACCRETE THESE EMPLOYEES TO THE
EXISTING UNIT OF RADIO BROADCAST TECHNICIANS IN WASHINGTON, D.C.,
REPRESENTED BY LOCAL 1418, NATIONAL FEDERATION OF FEDERAL EMPLOYEES
(NFFE). THE JOINT PETITIONERS CONTEND THAT THE PETITIONED-FOR SEVERANCE
AND ACCRETION WILL ELIMINATE AN UNFORTUNATE AND INEQUITABLE PAY
DIFFERENTIAL THAT CURRENTLY EXISTS BETWEEN THOSE RADIO BROADCAST
TECHNICIANS IN NEW YORK CITY AND THOSE IN WASHINGTON, D.C.
THE AGENCY, THE INTERNATIONAL COMMUNICATION AGENCY (ICA), IS ONE OF
THE FOREIGN SERVICE AGENCIES LINKED WITH THE DEPARTMENT OF STATE AND THE
AGENCY FOR INTERNATIONAL DEVELOPMENT. THE PRIMARY MISSION OF THE ICA IS
TO TELL THE PEOPLE OF THE WORLD ABOUT THE PEOPLE, CULTURE, AND POLICIES
OF THE UNITED STATES, AND TO TELL THE PEOPLE OF THE UNITED STATES ABOUT
THE WORLD. THE MOST IMPORTANT ASPECT OF THE ICA'S OPERATIONS IS ITS
OVERSEAS OPERATIONS, WITH ITS OPERATIONS IN WASHINGTON, D.C., SERVING A
SUPPORT FUNCTION. UNDER THE ICA'S OFFICE OF THE DIRECTOR, THE MAJOR
FUNCTIONS OF THE AGENCY ARE CARRIED OUT BY THE FOUR ASSOCIATE
DIRECTORATES FOR BROADCASTING, PROGRAMS, EDUCATIONAL AND CULTURAL
AFFAIRS, AND MANAGEMENT. IN ADDITION, THERE ARE FIVE DIRECTORATES OF
GEOGRAPHIC AREAS IN THE WORLD WHICH SUPERVISE THE ACTIVITIES OF THE
AGENCY'S FILED ORGANIZATION OF OVERSEAS POSTS IN OVER 100 COUNTRIES
THROUGHOUT THE WORLD. WITHIN THE CONTINENTAL UNITED STATES, THE ICA HAS
EMPLOYEES IN A NUMBER OF LOCATIONS; HOWEVER, THE MAIN BODY OF EMPLOYEES
IS LOCATED IN WASHINGTON, D.C.
THE RADIO BROADCAST TECHNICIANS WHO ARE THE SUBJECT OF THE INSTANT
CONSOLIDATED PETITIONS ARE ALL WAGE BOARD EMPLOYEES ASSIGNED TO THE
ASSOCIATE DIRECTORATE FOR BROADCASTING, ALSO KNOWN AS THE VOICE OF
AMERICA. THE VOICE OF AMERICA IS ORGANIZED INTO THREE MAJOR OFFICES:
ADMINISTRATION, PROGRAMS, AND ENGINEERING AND TECHNICAL OPERATIONS. IN
TURN, ENGINEERING AND TECHNICAL OPERATIONS IS MADE UP OF THREE MAJOR
DIVISIONS: FREQUENCY, SPECIAL PROJECTS, AND OPERATIONS. EXCEPT FOR
FOUR POSITIONS SLOTTED FOR NEW YORK CITY, ALL THE APPROXIMATELY 135
RADIO BROADCAST TECHNICIAN POSITIONS OF THE ICA ARE ASSIGNED TO THE
WASHINGTON PLANT BRANCH OF THE OPERATIONS DIVISION. THE WASHINGTON
PLANT BRANCH IS THE MAJOR TECHNICAL ELEMENT OF THE VOICE OF AMERICA IN
WASHINGTON, D.C. THE FOUR RADIO BROADCAST TECHNICIAN POSITIONS IN NEW
YORK CITY ARE ASSIGNED TO THE NEW YORK PROGRAM CENTER WHICH IS A
SATELLITE OF THE WASHINGTON-BASED VOICE OF AMERICA. ALTHOUGH THE NEW
YORK PROGRAM CENTER IS UNDER THE PROGRAMS OFFICE OF THE VOICE OF AMERICA
AND THE WASHINGTON PLANT BRANCH IS UNDER ENGINEERING AND TECHNICAL
OPERATIONS, THE RECORD SHOWS THE FUNCTIONS OF BOTH GROUPS OF RADIO
BROADCAST TECHNICIANS ARE ESSENTIALLY IDENTICAL.
AS A MATTER OF ORGANIZATIONAL AND BARGAINING HISTORY, PRIOR TO 1953,
THE VOICE OF AMERICA WAS PART OF THE DEPARTMENT OF STATE AND LOCATED IN
NEW YORK CITY WITH A VERY SMALL TOP ADMINISTRATIVE STAFF IN WASHINGTON,
D.C. IN 1953, THE VOICE OF AMERICA WAS TAKEN FROM THE DEPARTMENT OF
STATE AND PLACED IN A NEW ORGANIZATION CALLED THE UNITED STATES
INFORMATION AGENCY (USIA). AT THAT TIME, ALL 1,200 VOICE OF AMERICA
EMPLOYEES IN NEW YORK CITY, EXCEPT FOR A SMALL GROUP NUMBERING ABOUT 50
PEOPLE, WERE TRANSFERRED TO WASHINGTON, D.C. IN 1965, LOCAL 1418 OF THE
NATIONAL FEDERATION OF FEDERAL EMPLOYEES WAS CERTIFIED AS THE EXCLUSIVE
REPRESENTATIVE OF A UNIT OF WASHINGTON-BASED RADIO BROADCAST TECHNICIANS
WHICH HAD ITS DESCRIPTION AMENDED IN 1978 TO REFLECT A REORGANIZATION
AND THE AGENCY'S NAME CHANGE FROM USIA TO ICA: "ALL NON-SUPERVISORY
RADIO BROADCAST TECHNICIANS IN THE MASTER CONTROL, TRAFFIC, STUDIO,
RECORDING, AND TECHNICAL SUPPORT SECTIONS OF THE WASHINGTON PLANT
BRANCH." IN 1971, LOCAL 1812 OF THE AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES WAS CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE OF A UNIT WHICH
HAD ITS DESCRIPTION AMENDED AND CLARIFIED IN 1978 TO REFLECT A
REORGANIZATION AND THE AGENCY'S NAME CHANGE FROM USIA TO ICA:
INCLUDED: ALL NON-PROFESSIONAL AND PROFESSIONAL NON-SUPERVISORY
DOMESTIC GENERAL SCHEDULE
(GS & GG) AND WAGE SYSTEM EMPLOYEES OF THE INTERNATIONAL
COMMUNICATION AGENCY, NATIONWIDE.
EXCLUDED: MANAGEMENT OFFICIALS, SUPERVISORS, EMPLOYEES ENGAGED IN
FEDERAL PERSONNEL WORK
OTHER THAN A PURELY CLERICAL CAPACITY, GUARDS, AND THOSE EMPLOYEES
COVERED BY EXISTING
EXCLUSIVE RECOGNITION GRANTED TO ANOTHER LABOR ORGANIZATION
(NON-SUPERVISORY RADIO BROADCAST
TECHNICIANS IN WASHINGTON, D.C.) AND FOREIGN SERVICE EMPLOYEES.
OF THE APPROXIMATELY 1,850 CIVIL SERVICE EMPLOYEES INCLUDED IN THE
AFGE UNIT, 3 ARE RADIO BROADCAST TECHNICIANS (ONE OF THE 4 ESTABLISHED
POSITIONS IS VACANT) ASSIGNED TO THE NEW YORK PROGRAM CENTER. THE NFFE
UNIT CONSISTS ENTIRELY OF THE APPROXIMATELY 130 RADIO BROADCAST
TECHNICIANS ASSIGNED TO THE WASHINGTON PLANT BRANCH. BOTH UNITS ARE
COVERED BY NEGOTIATED AGREEMENTS WITH THE ICA. SINCE 1968, THE NFFE'S
NEGOTIATED AGREEMENTS HAVE ESTABLISHED A SYSTEM FOR SETTING THE HOURLY
RATES OF PAY FOR THE RADIO BROADCAST TECHNICIANS WHO CONSTITUTE ITS UNIT
AND WHO ARE ALL WAGE BOARD EMPLOYEES. THIS NEGOTIATED PAY SETTING
PROCEDURE WAS CONFIRMED BY THE COMPTROLLER GENERAL IN HIS DECISION
MATTER OF: UNITED STATES INFORMATION AGENCY-- ENTITLEMENT OF PREVAILING
RATE EMPLOYEES WHO NEGOTIATE THEIR WAGES, B-188094, FEBRUARY 11, 1977,
WHICH HELD IN ESSENCE THAT THE RADIO BROADCAST TECHNICIANS COVERED BY
NFFE'S NEGOTIATED AGREEMENTS ARE EXEMPTED BY THE TERMS OF SECTION 9(B)
OF PUB. L. 92-392 FROM THE PREVAILING RATE STATUTE, 5 U.S.C., SUBCHAPTER
IV, CHAPTER 53, BECAUSE THE NEGOTIATED AGREEMENT CONTAINED WAGE SETTING
PROVISIONS AND WAS IN EFFECT ON AUGUST 19, 1972. AN IMPORTANT
CONSEQUENCE OF NFFE'S CONTRACTUAL PAY SETTING PROVISIONS IS THAT RATES
OF PAY GENERATED THEREFROM CANNOT BE LIMITED BY LEGISLATIVE OR EXECUTIVE
PAY CAPS. PRIOR TO SEPTEMBER OF 1975, AFGE HAD REPRESENTATION ON AN
AGENCYWIDE WAGE COUNCIL AND THE WAGE RATES FOR RADIO BROADCAST
TECHNICIANS IN WASHINGTON, D.C., WERE APPLIED TO THE RADIO BROADCAST
TECHNICIANS IN NEW YORK CITY. WHEN THE AGENCYWIDE WAGE COUNCIL WAS
ABOLISHED IN 1975, AN ADMINISTRATIVE ARRANGEMENT WAS WORKED OUT SO THAT
THE WAGE RATES FOR RADIO BROADCAST TECHNICIANS IN WASHINGTON, D.C.,
WOULD CONTINUE TO BE APPLIED TO THE RADIO BROADCAST TECHNICIANS IN NEW
YORK CITY. HOWEVER, IT WAS LATER DETERMINED THAT SUCH AN ADMINISTRATIVE
ARRANGEMENT COULD NOT DEFEAT THE 1978 AND 1979 LEGISLATIVE AND EXECUTIVE
PAY CAPS VIS-A-VIS THE RADIO BROADCAST TECHNICIANS IN NEW YORK CITY
BECAUSE THEY WERE NOT PART OF THE NFFE BARGAINING UNIT AND, THEREFORE,
NOT COVERED BY THE NEGOTIATED AGREEMENT EXCEPTION TO THE PREVAILING RATE
STATUTE. AS A RESULT, FOR THE WAGE SCHEDULES EFFECTIVE JANUARY 27,
1980, A WG-2, STEP 3 RADIO BROADCAST TECHNICIAN AT THE WASHINGTON PLANT
BRANCH WILL EARN $14.87 PER HOUR WHILE A RADIO BROADCAST TECHNICIAN AT
THE SAME GRADE LEVEL AT THE NEW YORK PROGRAM CENTER WILL EARN $.41 LESS
FOR THE SAME WORK. THE JOINT PETITIONERS CONTEND THAT THE ONLY WAY TO
BRING THE NEW YORK RADIO BROADCAST TECHNICIANS WITHIN THE NEGOTIATED
AGREEMENT EXCEPTION TO THE PREVAILING RATE STATUTE IS THE PETITIONED-FOR
SEVERANCE AND ACCRETION.
SECTION 7112(A)(1) OF THE STATUTE CHARGES THE AUTHORITY WITH THE
RESPONSIBILITY TO DETERMINE THE APPROPRIATENESS OF ANY UNIT. WHEN
DECIDING QUESTIONS CONCERNING SEVERANCE OR ACCRETION, THE AUTHORITY IS
BOUND BY THE THREE CRITERIA FOR DETERMINING THE APPROPRIATENESS OF ANY
UNIT AS MANDATED BY SECTION 7112(A)(1); THAT IS, THE AUTHORITY SHALL
DETERMINE ANY UNIT TO BE AN APPROPRIATE UNIT ONLY IF THE DETERMINATION
WILL ENSURE A CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST AMONG THE
EMPLOYEES IN THE UNIT AND WILL PROMOTE EFFECTIVE DEALINGS WITH, AND
EFFICIENCY OF THE OPERATIONS OF, THE AGENCY INVOLVED.
THE MISSION OF THE WASHINGTON PLANT BRANCH AND THE RADIO BROADCAST
TECHNICIANS ASSIGNED TO THE NEW YORK PROGRAM CENTER IS IDENTICAL: BOTH
GROUPS PROVIDE TECHNICAL SUPPORT TO THE PROGRAMMING REQUIREMENTS OF THE
VOICE OF AMERICA. THE REASON WHY THE NEW YORK PROGRAM CENTER IS UNDER
THE DIRECTOR OF PROGRAMS INSTEAD OF THE DIRECTOR OF ENGINEERING AND
TECHNICAL OPERATIONS, AS IS THE WASHINGTON PLANT BRANCH, IS BECAUSE THE
SUPERVISORY HIERARCHY ABOVE THE RADIO BROADCAST TECHNICIANS IS
COMPRESSED AS A FUNCTION OF THE NEW YORK PROGRAM CENTER'S SMALL SIZE.
THE NEW YORK PROGRAM CENTER IS A MINI-VERSION OF THE ENTIRE VOICE OF
AMERICA OPERATION HEADQUARTERED IN WASHINGTON, D.C., AND EXISTS BECAUSE
THE NEW YORK CITY AREA REQUIRES A TREMENDOUS LEVEL OF PROGRAM COVERAGE,
WHICH OTHERWISE WOULD HAVE TO BE PROVIDED OUT OF WASHINGTON, D.C.
THE FIRST-LINE SUPERVISORY STRUCTURE OVER RADIO BROADCAST TECHNICIANS
WHETHER IN NEW YORK OR WASHINGTON IS THE SAME. THE SUPERVISORY RADIO
BROADCAST TECHNICIAN POSITION IN THE NEW YORK PROGRAM CENTER IS
CLASSIFIED AS A GS-12 (THE POSITION CURRENTLY IS VACANT) AND REPORTS
DIRECTLY TO THE CHIEF OF THE NEW YORK PROGRAM CENTER. THE WASHINGTON
PLANT BRANCH IS DIVIDED INTO FOUR MAJOR TECHNICAL SUBELEMENTS: STUDIOS
(TECHNICAL OPERATION OF BROADCAST STUDIOS); MASTER CONTROL (ALL THE
STUDIOS' BROADCASTING OUTPUT IS CHANNELED TOGETHER INTO ONE MASTER
CONTROL COMPLEX, WHICH IN TURN FEEDS IT TO THE VARIOUS RELAY STATION
NETWORKS AROUND THE WORLD); RECORDING (TAPE DUPLICATION); AND
TECHNICAL SUPPORT (MAINTENANCE AND FIELD COVERAGE). THE CHIEF OF THE
WASHINGTON PLANT BRANCH IS A GS-14 COMMUNICATIONS MANAGER. EACH OF THE
FOUR MAJOR TECHNICAL SUBELEMENTS IS HEADED BY A GS-13 RADIO BROADCAST
SUPERVISOR, AND THERE ARE 13 RADIO BROADCAST SHIFT SUPERVISORS AT THE
GS-12 LEVEL WHO ARE THE FIRST-LINE SUPERVISORS OF THE RADIO BROADCAST
TECHNICIANS IN THE TECHNICAL SUPPORT, STUDIOS, AND RECORDING OPERATIONS.
THE GS-13 IN CHARGE OF THE MASTER CONTROL OPERATION DIRECTLY SUPERVISES
A COMPLEMENT OF RADIO MASTER CONTROL TECHNICIANS WHO ARE NOT PART OF THE
NFFE UNIT.
ALL THE RADIO BROADCAST TECHNICIANS IN THE ICA ARE THE SUBJECT OF THE
INSTANT CONSOLIDATED PETITIONS. THE RECORD SHOWS THAT ALL THESE RADIO
BROADCAST TECHNICIANS HAVE IDENTICAL POSITION TITLES; ARE CLASSIFIED IN
THE SAME WAGE BOARD SERIES; HAVE ESSENTIALLY THE SAME POSITION
DESCRIPTIONS, IMMEDIATE WORK ENVIRONMENT REGARDLESS OF THEIR JOB
LOCATIONS, JOB CONTACTS WITH THE SAME TYPE OF OTHER EMPLOYEES; ARE
SUBJECT TO OVERTIME AND VARYING WORK SCHEDULES AND SHIFT ASSIGNMENTS AS
A FUNCTION OF THEIR PROGRAMMING SUPPORT RESPONSIBILITIES; HAVE THE SAME
DUTIES, RESPONSIBILITIES, QUALIFICATIONS; HAVE INTERCHANGED BETWEEN
TECHNICAL SUB-ELEMENTS AND JOB LOCATIONS; BUT ARE NOT INTERCHANGEABLE
WITH ICA EMPLOYEES IN ANY OTHER TECHNICAL JOB CLASSIFICATION.
ALL RADIO BROADCAST TECHNICIANS REGARDLESS OF LOCATION SPEND MOST OF
THEIR TIME PROVIDING TECHNICAL SUPPORT FOR THE RADIO BROADCAST STUDIO
OPERATIONS OF THE VOICE OF AMERICA. THE NEW YORK PROGRAM CENTER HAS 3
STUDIOS IN ONE BUILDING, AND THE WASHINGTON PLANT BRANCH HAS 26 STUDIOS
IN ONE BUILDING. ALL THE SUBJECT RADIO BROADCAST TECHNICIANS HAVE THE
SAME SKILL AND KNOWLEDGE FACTORS IN OPERATING AND MAINTAINING
SOPHISTICATED ELECTRONIC RECORDING AND BROADCASTING EQUIPMENT, AND IN
KNOWING RADIO PRODUCTION PRACTICES AND TECHNIQUES AND TECHNICAL RADIO
BROADCASTING OPERATIONS. THE RADIO BROADCAST TECHNICIANS WORK WITH
PROGRAM PRODUCERS AND ANNOUNCERS WHO ARE CONCERNED WITH PROGRAM
CONTENT.
RADIO BROADCAST TECHNICIANS ARE RESPONSIBLE FOR INSURING THAT THE
RECORDING OR BROADCAST OF THE PROGRAM IS OF ACCEPTABLE TECHNICAL
QUALITY. THEY WORK IN THE CONTROLLED ENVIRONMENT OF THE STUDIO CONTROL
ROOM WHERE THEY SIT BEHIND SOUND-INSULATED WINDOWS AND A CONTROL
CONSOLE, OPERATING AND MAINTAINING SOPHISTICATED RECORDING AND
BROADCASTING EQUIPMENT. ALSO, RADIO BROADCAST TECHNICIANS, WHETHER
BASED IN NEW YORK CITY OR WASHINGTON, D.C., ACCOMPANY PROGRAM
SPECIAL-EVENTS REPORTERS IN THE FIELD, CARRYING, OPERATING, AND
MAINTAINING NECESSARY PORTABLE RECORDING AND COMMUNICATIONS EQUIPMENT IN
ORDER TO PROVIDE LIVE COVERAGE OR TO RECORD PROGRAM MATERIAL FOR
SUBSEQUENT BROADCAST.
FURTHER, RADIO BROADCAST TECHNICIANS SHARE THE COMMON RESOURCE OF THE
MASTER CONTROL FUNCTION LOCATED IN THE BUILDING HOUSING THE WASHINGTON
PLANT BRANCH. THE RADIO MASTER CONTROL TECHNICIANS IN WASHINGTON, D.C.,
HAVE A DIRECT WORKING RELATIONSHIP WITH RADIO BROADCAST TECHNICIANS,
WHETHER BASED IN NEW YORK CITY OR WASHINGTON, D.C. THE PROGRAM MATERIAL
WHICH RADIO BROADCAST TECHNICIANS WORK WITH IS CHANNELED THROUGH THE
WASHINGTON PLANT BRANCH'S MASTER CONTROL FUNCTION. THE ONLY DISTINCTION
IS THAT WHILE THE TECHNICIAN COMMUNICATIONS LINK IS 200 MILES LONG FOR
THE NEW YORK RADIO BROADCAST TECHNICIANS, IT IS WITHIN THE SAME BUILDING
FOR THE WASHINGTON RADIO BROADCAST TECHNICIANS.
RADIO BROADCAST TECHNICIANS INTERCHANGE BACK AND FORTH BETWEEN NEW
YORK CITY AND WASHINGTON, D.C., NOT ONLY IN TERMS OF PERMANENT CHANGES
OF DUTY STATION, BUT ALSO IN TERMS OF TEMPORARY DUTY ASSIGNMENTS. FOR
EXAMPLE, WASHINGTON PLANT BRANCH RADIO BROADCAST TECHNICIANS WILL ASSIST
NEW YORK PROGRAM CENTER RADIO BROADCAST TECHNICIANS IN MAINTAINING
EQUIPMENT AND IN COVERING SPECIAL EVENTS.
SECTION 7112(A)(1) OF THE STATUTE STATES IN PART THAT "THE AUTHORITY
SHALL DETERMINE . . . WHETHER . . . THE APPROPRIATE UNIT SHOULD BE
ESTABLISHED ON AN AGENCY, PLANT, INSTALLATION, FUNCTIONAL, OR OTHER
BASIS . . . . " UNDER ALL THE FOREGOING CIRCUMSTANCES, THE AUTHORITY
FINDS THAT THE AGENCY'S RADIO BROADCAST TECHNICIANS SHARE A CLEAR AND
IDENTIFIABLE FUNCTIONAL COMMUNITY OF INTEREST.
THE AUTHORITY FINDS THAT A SINGLE UNIT OF ALL THE ICA'S RADIO
BROADCAST TECHNICIANS WILL PROMOTE EFFECTIVE DEALINGS WITH, AND
EFFICIENCY OF THE OPERATIONS OF, THE AGENCY. THE RECORD DISCLOSES THAT
ALL EMPLOYEES OF THE ICA ARE SUBJECT TO THE SAME PERSONNEL POLICIES AND
PRACTICES. THE ICA HAS CENTRALIZED ITS ADMINISTRATIVE, PERSONNEL, AND
LABOR RELATIONS SERVICES IN WASHINGTON, D.C. THE SAME SERVICES ARE
PROVIDED REGARDLESS OF WHERE AN EMPLOYEE IS PHYSICALLY LOCATED, WHETHER
IN WASHINGTON, D.C., ELSEWHERE IN THE UNITED STATES, OR OVERSEAS. THE
RECORD SHOWS THAT A SINGLE UNIT OF RADIO BROADCAST TECHNICIANS WILL
BETTER MELD WITH THE EXISTING ORGANIZATIONAL AND OPERATIONAL STRUCTURE
OF THE VOICE OF AMERICA THAN THE EXISTING TWO UNITS THAT REPRESENT RADIO
BROADCAST TECHNICIANS. FOR EXAMPLE, EVEN THOUGH THE RADIO BROADCAST
TECHNICIANS ASSIGNED TO THE NEW YORK PROGRAM CENTER ARE UNDER THE
DIRECTOR OF PROGRAMS, THEY MUST SECURE APPROVAL FROM THE CHIEF OF THE
WASHINGTON PLANT BRANCH FOR PROCUREMENT OF TECHNICAL BROADCAST SUPPLIES
AND EQUIPMENT. ADDITIONALLY, A SINGLE UNIT OF RADIO BROADCAST
TECHNICIANS SUBJECT TO THE WAGE SETTING PROVISIONS OF NFFE'S NEGOTIATED
AGREEMENT WOULD SAVE THE MANAGEMENT AND CLERICAL EXPENSE INVOLVED IN
ADMINISTERING TWO SEPARATE WAGE SCHEDULES FOR THE SAME EMPLOYEE
CLASSIFICATION, AND WOULD ELIMINATE THE DETRIMENTAL AFFECT ON THE
MORALE, STAFFING, AND RECRUITMENT OF RADIO BROADCAST TECHNICIANS CAUSED
BY DIFFERENT RATES OF PAY FOR THE SAME WORK AT THE SAME GRADE.
MOREOVER, THE CLARIFICATION OF UNITS SOUGHT BY THE JOINT PETITIONERS
WILL RESULT IN A SINGLE EXCLUSIVE REPRESENTATIVE (NFFE) REPRESENTING THE
UNIQUE INTERESTS AND CONCERNS REGARDING MATTERS THAT AFFECT THE TERMS
AND CONDITIONS OF EMPLOYMENT OF A SINGLE UNIT OF RADIO BROADCAST
TECHNICIANS AND THUS, WILL, IN THE OPINION OF THE AUTHORITY, PROMOTE
EFFECTIVE DEALINGS WITH THE AGENCY. /1/
UNDER ALL THE FOREGOING CIRCUMSTANCES, THE AUTHORITY FINDS THAT A
SINGLE UNIT OF ALL THE AGENCY'S RADIO BROADCAST TECHNICIANS IS
APPROPRIATE FOR EXCLUSIVE RECOGNITION WITHIN THE MEANING OF SECTION
7112(A)(1) OF THE STATUTE AS THE FACTS SHOW THAT SEVERANCE OF RADIO
BROADCAST TECHNICIANS ASSIGNED TO THE NEW YORK PROGRAM CENTER FROM THE
AFGE LOCAL 1812 UNIT AND ACCRETION OF THESE SAME EMPLOYEES TO THE NFFE
LOCAL 1418 UNIT WILL ENSURE A CLEAR AND IDENTIFIABLE FUNCTIONAL
COMMUNITY OF INTEREST AMONG THE EMPLOYEES IN THE NFFE LOCAL 1418 UNIT
AND WILL PROMOTE EFFECTIVE DEALINGS WITH, AND EFFICIENCY OF THE
OPERATIONS OF, THE AGENCY. ACCORDINGLY, THE PETITIONED-FOR
CLARIFICATION OF UNITS SOUGHT BY THE JOINT PETITIONERS SHALL BE SO
ORDERED BY THE AUTHORITY.
ORDER
IT IS HEREBY ORDERED THAT THE NATIONWIDE UNIT SOUGHT TO BE CLARIFIED
BY CASE NO. 3-CU-33 HEREIN, FOR WHICH THE AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, LOCAL 1812, WAS CERTIFIED ON AUGUST 30, 1978, BE,
AND IT HEREBY IS, CLARIFIED BY EXCLUDING FROM SAID UNIT ALL
NONSUPERVISORY RADIO BROADCAST TECHNICIANS ASSIGNED TO THE NEW YORK
PROGRAM CENTER.
IT IS HEREBY ORDERED THAT THE UNIT AT THE WASHINGTON PLANT BRANCH
SOUGHT TO BE CLARIFIED BY CASE NO. 3-CU-32 HEREIN, FOR WHICH THE
NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 1418, WAS CERTIFIED ON
AUGUST 9, 1978, BE, AND IT HEREBY IS, CLARIFIED BY INCLUDING IN SAID
UNIT ALL NONSUPERVISORY RADIO BROADCAST TECHNICIANS ASSIGNED TO THE NEW
YORK PROGRAM CENTER.
ISSUED, WASHINGTON, D.C., FEBRUARY 11, 1981
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
/1/ IN THIS REGARD, THE AUTHORITY NOTES THAT PRIOR TO OCTOBER 1974,
WHEN IT BECAME APPARENT THAT THE NEW YORK PROGRAM CENTER RADIO
BROADCAST
TECHNICIANS WERE, IN FACT, PART OF THE AFGE LOCAL 1812 UNIT, THESE
EMPLOYEES WERE ON DUES CHECK-OFF TO NFFE LOCAL 1418, WERE REPRESENTED BY
AN ELECTED NFFE SHOP STEWARD, AND ACTIVELY REPRESENTED BY NFFE.