U.S. Department of Labor, Washington, DC (Activity) and American Federation of Government Employees, Local 12 , AFL-CIO (Labor Organization) and National Council of Field Labor Locals, American Federation of Government Employees, AFL-CIO (Labor Organization) (Authority decision, July 17, 1980)

Final FLRA representation decision. The Authority directly clarified a bargaining unit. Under 5 U.S.C. § 7123(a)(2), orders involving appropriate unit determinations under 5 U.S.C. § 7112 are excluded from judicial review.

Plain-English summary

AFGE Local 12 sought clarification of its Washington, D.C., Labor Department bargaining unit. The Authority found that eligible field office employees in the metropolitan area remained part of the Local 12 unit. It ordered the unit clarified to continue including those employees. It decided the unit petition directly, without reviewing a Regional Director decision.

Decision snapshot

• Authority: 5 U.S.C. § 7112, 5 U.S.C. § 7123(a)(2).
• Outcome: Unit clarified to include eligible metropolitan area field office employees.
• Key point: The existing recognition continued to cover those workers.

Full text (FLRA public release)

[ v03 p645 ]

03:0645(104)CU

The decision of the Authority follows:

3 FLRA No. 104

U.S. DEPARTMENT OF LABOR,
WASHINGTON, D.C.
Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 12, AFL-CIO
Labor Organization

and

NATIONAL COUNCIL OF FIELD LABOR
LOCALS, AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, AFL-CIO
Labor Organization

Case No. 3-CU-26

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, 5 U.S.C. 7101-7135, A HEARING WAS HELD BEFORE A
HEARING OFFICER OF THE AUTHORITY. THE AUTHORITY HAS REVIEWED THE HEARING
OFFICER'S RULINGS MADE AT THE HEARING AND FINDS THAT THEY ARE FREE FROM
PREJUDICIAL ERROR. THE RULINGS ARE HEREBY AFFIRMED.

UPON THE ENTIRE RECORD IN THIS CASE, INCLUDING BRIEFS FILED BY THE
ACTIVITY AND THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 12,
AFL-CIO (LOCAL 12), THE AUTHORITY FINDS: THE PETITIONER, THE U.S.
DEPARTMENT OF LABOR (ACTIVITY/DEPARTMENT), SEEKS THE CLARIFY TWO
EXISTING BARGAINING UNITS WITHIN THE DEPARTMENT. IT CONTENDS THAT THE
FIELD OFFICE EMPLOYEES IN THE WASHINGTON, D.C. AREA, THAT HAD PREVIOUSLY
BEEN INCLUDED IN A UNIT FOR WHICH LOCAL 12 WAS GRANTED RECOGNITION IN
1962, SHOULD NO LONGER BE INCLUDED IN THE UNIT. INSTEAD, IT CONTENDS
THAT THEY SHOULD NOW, BY CLARIFICATION, BE INCLUDED WITHIN ANOTHER UNIT
GRANTED RECOGNITION BY THE ACTIVITY IN 1965, WHICH UNIT CONSISTS OF ALL
FIELD OFFICE EMPLOYEES LOCATED OUTSIDE THE WASHINGTON, D.C. AREA,
REPRESENTED BY THE NATIONAL COUNCIL OF FIELD LABOR LOCALS, AMERICAN
FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (COUNCIL). IN THIS
CONNECTION, THE ACTIVITY ASSERTS THE PURPOSE OF THE INSTANT PETITION WAS
NOT TO CHANGE LOCAL 12S BARGAINING UNIT BUT MERELY TO HAVE IT ACCURATELY
REFLECT WHAT HAD BEEN A REALITY SINCE 1965,BROUGHT ABOUT BY A MEMORANDUM
OF UNDERSTANDING BETWEEN THE PARTIES. THE ACTIVITY SEEKS SUCH
CLARIFICATION ESSENTIALLY TO "INSURE THAT THE OFFICIAL UNIT DEFINITION
RECORDS OF THE FLRA REFLECT THE UNIT DEFINITION WHICH HAD BEEN CLARIFIED
IN DECEMBER 1965." SUCH MEMORANDUM, IT CONTENDED, INDICATES THAT AT THE
TIME, THE PARTIES AGREED THE D.C. METROPOLITAN FIELD OFFICE EMPLOYEES,
ALTHOUGH REPRESENTED FOR COLLECTIVE BARGAINING PURPOSES BY LOCAL 12,
WHICH FOR THOSE PURPOSES WAS AN AFFILIATED COUNCIL LODGE, WERE INCLUDED
WITHIN THE COUNCIL'S UNIT. THE ACTIVITY ARGUES SUCH CONTENTION IS
REINFORCED BY ITS SUBSEQUENT CHANGES IN ITS FIELD STRUCTURE, ITS 1973
LABOR AGREEMENT WITH LOCAL 12, AND ITS 1978 AGREEMENT WITH THE COUNCIL.
THE ACTIVITY CONTENDS THE INCLUSION OF SUCH FIELD OFFICE EMPLOYEES IN
THE COUNCIL UNIT WOULD PROMOTE EFFECTIVE DEALINGS AND EFFICIENCY OF
OPERATIONS.

LOCAL 12 OPPOSES THE INCLUSION OF THE FIELD EMPLOYEES IN QUESTION IN
ANY UNIT OTHER THAN ITS EXISTING UNIT. IN THIS REGARD, LOCAL 12 ASSERTS
NO CHANGES OF CONSEQUENCE HAVE BEEN MADE IN THE ACTIVITY'S FIELD
STRUCTURE SINCE 1962, WHICH WOULD WARRANT ACCRETING THESE EMPLOYEES
REPRESENTED SINCE 1962 BY LOCAL 12, INTO THE COUNCIL'S UNIT. IT ALSO
MAINTAINS THAT THE FIELD OFFICES IN QUESTION WERE IN EXISTENCE AT THE
TIME OF ITS ORIGINAL RECOGNITION AND THE 1965 EXCLUSIVE RECOGNITION
ACCORDED THE COUNCIL, SPECIFICALLY EXCLUDED THE FIELD EMPLOYEES IN
QUESTION BECAUSE THEY WERE ALREADY INCLUDED IN LOCAL 12'S 1962 EXCLUSIVE
RECOGNITION. LOCAL 12 REGARDS THE 1965 MEMORANDUM OF UNDERSTANDING AS
MERELY A REAFFIRMATION OF THAT REALITY, AND THE 1973 AGREEMENT BETWEEN
ITSELF AND THE ACTIVITY AS FURTHER UNDERSCORING THAT FACT. IT VIEWS THE
ACTIVITY'S 1978 AGREEMENT WITH THE COUNCIL AS AN ILLEGAL ATTEMPT TO
INCLUDE THE D.C. METROPOLITAN FIELD OFFICE EMPLOYEES PREVIOUSLY
INCLUDED WITHIN LOCAL 12'S 1962 RECOGNITION AND SPECIFICALLY EXCLUDED BY
THE COUNCIL'S 1965 RECOGNITION MENTIONED ABOVE, WHICH HAD NEVER BEEN
ALTERED BY A CLARIFICATION OF THE PARTIES OR ANY THIRD PARTY PROCEEDING.
THE COUNCIL TOOK NO POSITION AT THE HEARING OR BY SUBMISSION OF BRIEFS.

THERE ARE ROUGHLY 22,000 EMPLOYEES IN THE DEPARTMENT OF LABOR, WITH
APPROXIMATELY 9,000 IN THE WASHINGTON METROPOLITAN AREA, AND THE BALANCE
IN THE FIELD. THE COUNCIL HEREIN REPRESENTS OVER 6,000 EMPLOYEES IN A
DEPARTMENT-WIDE UNIT OUTSIDE THE WASHINGTON, D.C. AREA, WHILE LOCAL 12
REPRESENTS OVER 4,000 EMPLOYEES IN THE WASHINGTON, D.C. AREA. THE
NUMBER OF EMPLOYEES IN THE D.C. METROPOLITAN AREA SOUGHT TO BE CLARIFIED
OUT OF LOCAL 12'S UNIT IS ABOUT 226. IN 1962, PURSUANT TO A SECRET
BALLOT ELECTION, THE ACTIVITY GRANTED LOCAL 12 EXCLUSIVE RECOGNITION
UNDER EXECUTIVE ORDER 10988, FOR A UNIT CONSISTING OF EMPLOYEES OF THE
ACTIVITY LOCATED IN THE METROPOLITAN AREA OF WASHINGTON, D.C., WHICH
INCLUDED THE NATIONAL OFFICE AND CERTAIN FIELD OFFICES LOCATED IN THAT
AREA. IN 1965, AFTER AN ELECTION, THE ACTIVITY GRANTED EXCLUSIVE
RECOGNITION UNDER EXECUTIVE ORDER 10988, TO THE COUNCIL, FOR A UNIT OF
ALL ACTIVITY FIELD OFFICES OUTSIDE OF THE WASHINGTON, D.C. METROPOLITAN
AREA. BECAUSE OF SOME CONFUSION WITH RESPECT TO THE FOREGOING
RECOGNITIONS, THE PREVIOUSLY CITED MEMORANDUM OF UNDERSTANDING BETWEEN
THE PARTIES WAS EXECUTED IN 1965, WHICH APPEARS TO BE ONE OF THE MAJOR
REASONS FOR THE INSTANT PETITION. LOCAL 12 CONTENDS THAT SUCH DOCUMENT
CLARIFIED THE PREVIOUSLY GRANTED RECOGNITION BY REAFFIRMING LOCAL 12'S
INCLUSION OF WASHINGTON, D.C. FIELD EMPLOYEES IN ITS UNIT, AND THE
ACTIVITY CONTENDS THAT BY SUCH DOCUMENT THE ORIGINAL RECOGNITIONS WERE
MODIFIED TO INCLUDE THESE EMPLOYEES WITHIN THE COUNCIL'S UNIT. THE 1973
AGREEMENT BETWEEN LOCAL 12 AND THE ACTIVITY, ALSO CONTAINS SOME
AMBIGUITY. THUS, THE PREAMBLE OF THAT DOCUMENT, LOCAL 12 INSISTS, IS
SUPPORTIVE OF ITS UNIT CONTENTION BY VIRTUE OF THE LANGUAGE THEREIN, TO
WIT:" THIS AGREEMENT . . . SHALL BE APPLICABLE THROUGHOUT THE BARGAINING
UNIT IN THE DEPARTMENT IN THE WASHINGTON METROPOLITAN AREA, FOR WHICH
LOCAL 12 IS THE EXCLUSIVE REPRESENTATIVE." HOWEVER, THE UNIT DEFINITION
IN THAT AGREEMENT STATES IN PERTINENT PART: "THE UNIT INCLUDES ALL
EMPLOYEES IN THE NATIONAL OFFICE." THE ACTIVITY ASSERTS THAT THE LATTER
PROVISION RECOGNIZES AN ACCOMPLISHED FACT; NAMELY, THAT D.C.
METROPOLITAN AREA FIELD OFFICE EMPLOYEES WERE CLARIFIED OUT OF LOCAL
12'S UNIT BY THE 1965 MEMORANDUM OF UNDERSTANDING AND SO WERE PURPOSELY
NOT MENTIONED IN THE ABOVE UNIT DESCRIPTION. THIS VERITY IS BOLSTERED,
THE ACTIVITY WOULD URGE, BY THE 1978 CURRENT AGREEMENT BETWEEN ITSELF
AND THE COUNCIL. SECTION 2 OF THE 1978 AGREEMENT SPECIFICALLY INCLUDES
IN THE UNIT, FIELD DUTY STATIONS LOCATED WITHIN THE D.C. METROPOLITAN
AREA. WITH RESPECT TO A REGIONAL OFFICE ORGANIZED IN 1968 IN
PHILADELPHIA TO ENGAGE IN SOME DEALINGS WITH THE FIELD OFFICES LOCATED
IN THE D.C. AREA, THERE IS NO INDICATION THAT SUCH ORGANIZATION AFFECTED
ANY NOTICEABLE CHANGE IN THE FIELD OFFICES IN EXISTENCE AT THE TIME OR
TODAY.

UPON CONSIDERATION OF THE FOREGOING, IT IS THE AUTHORITY'S VIEW THE
UNIT OF RECOGNITION REPRESENTED BY LOCAL 12, INCLUDING THE FIELD OFFICE
EMPLOYEES LOCATED IN THE D.C. METROPOLITAN AREA, SOUGHT TO BE CLARIFIED
HEREIN BY ACCRETING SUCH FIELD EMPLOYEES INTO THE UNIT REPRESENTED BY
THE COUNCIL, HAS NOT CHANGED EITHER BY VOLUNTARY ACTION OF THE PARTIES,
OR BY REASON OF CHANGES IN THE ACTIVITY'S FIELD OFFICE STRUCTURE. IN
THIS REGARD, THE RECORD REVEALS THE 1962 LOCAL 12 RECOGNITION COVERED
ALL DEPARTMENT EMPLOYEES IN THE WASHINGTON METROPOLITAN AREA, WHICH
NECESSARILY INCLUDED FIELD EMPLOYEES. THE 1965 RECOGNITION ACCORDED THE
COUNCIL, RECOGNIZED THIS FACT BY LIMITING THE COUNCIL'S RECOGNITION TO
FIELD OFFICES OUTSIDE THE WASHINGTON METROPOLITAN AREA. THE 1965
MEMORANDUM OF UNDERSTANDING BETWEEN THE PARTIES ALLUDES TO THE EXCLUSIVE
REPRESENTATION OF THE WASHINGTON METROPOLITAN AREA BARGAINING UNIT
REPRESENTED EXCLUSIVELY BY LOCAL 12 IN 1962 WHICH INCLUDED THE EMPLOYEES
IN QUESTION. /1/ IT IS UNDISPUTED THAT SINCE 1962, WITH ONE
SPECIFICALLY PERMITTED EXCEPTION BY LOCAL 12, LOCAL 12 HAS HISTORICALLY
REPRESENTED THE EMPLOYEES SOUGHT IN THE PETITION, IN NUMEROUS
GRIEVANCES, PERSONNEL PROBLEMS, ARBITRATIONS AND OTHER COLLECTIVE
BARGAINING AREAS. DURING THIS TIME, THE ACTIVITY HAS DEALT WITH LOCAL
12 IN ITS CAPACITY AS EXCLUSIVE REPRESENTATIVE OF SUCH EMPLOYEES, AND
HAS ACQUIESCED IN THE ARRANGEMENT BETWEEN LOCAL 12 AND THE COUNCIL BY
WHICH LOCAL 12 ADMINISTERS THE COUNCIL'S AGREEMENT COVERING THE
EMPLOYEES IN QUESTION. IN THIS REGARD, IT SHOULD BE NOTED THAT EVEN
THOUGH THE LOCAL 12 UNIT AT ISSUE WAS ACCORDED EXCLUSIVE RECOGNITION
UNDER EXECUTIVE ORDER 10988, WHICH BECAME EFFECTIVE IN 1962, THE
AUTHORITY FINDS THAT SUCH UNITS CONTINUED TO BE RECOGNIZED BY THE
ASSISTANT SECRETARY UNDER EXECUTIVE ORDER 11491, AND ARE RECOGNIZED
UNDER THE PRESENT FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE IN
THE ABSENCE OF ANY EVENTS WARRANTING A CHANGE. ACCORDINGLY, THE
AUTHORITY WILL ORDER THE UNIT REPRESENTED BY LOCAL 12 BE CLARIFIED BY
CONTINUING TO INCLUDE FIELD OFFICE EMPLOYEES IN THE D.C. WASHINGTON
METROPOLITAN AREA.

ORDER

IT IS HEREBY ORDERED THAT THE UNIT OF EXCLUSIVE RECOGNITION GRANTED
TO THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 12, AFL-CIO
FOR A DEPARTMENT-WIDE UNIT IN WASHINGTON, D.C. BE AND IT HEREBY IS,
CLARIFIED BY CONTINUING TO INCLUDE ALL ELIGIBLE EMPLOYEES IN THE
DEPARTMENT OF LABOR FIELD OFFICES WITHIN THE WASHINGTON, D.C.
GEOGRAPHICAL AREA.

ISSUED, WASHINGTON, D.C., JULY 17, 1980

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

CERTIFICATE OF SERVICE

MR. RUSSELL BINION

PRESIDENT, LOCAL 12

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,

AFL-CIO

P.O. BOX 865

WASHINGTON, D.C. 20004

MR. HOWARD BUTLER

PRESIDENT, NATIONAL COUNCIL OF FIELD

LABOR LOCALS

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, AFL-CIO

1105 FEDERAL BUILDING

300 S. NEW STREET

DOVER, DELAWARE 19901

MR. RICHARD J. CLOUGHERTY

PRESIDENT, NATIONAL COUNCIL OF FIELD

LABOR LOCALS

LOCAL UNION 644

224 FIFTH AVENUE, ROOM 205

MCKEESPORT, PA. 15132

ROBERT E. PAUL, ESQ.

1925 NORTH LYNN STREET

ARLINGTON, VIRGINIA 22209

MR. ROBERT HASTINGS

DIRECTOR, OFFICE OF LABOR MANAGEMENT RELATIONS

U.S. DEPARTMENT OF LABOR

200 CONSTITUTION AVENUE, N.W.

WASHINGTON, D.C. 20210

ARLEAN LELAND, ESQ.

BARTON S. WIDOM, ESQ.

U. S. DEPARTMENT OF LABOR

OFFICE OF SOLICITOR

ROOM N2414

200 CONSTITUTION AVE., N.W.

WASHINGTON, D.C. 20210

/1/ THE 1965 MEMORANDUM OF UNDERSTANDING BETWEEN THE PARTIES STATES
IN PERTINENT PART:

"IN VIEW OF THE FACT THAT THE WASHINGTON AREA BARGAINING UNIT
REPRESENTED EXCLUSIVELY BY

LABOR LODGE 12, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, INCLUDES
CERTAIN FIELD SERVICE

OFFICES ENGAGED IN THE ADMINISTRATION OF NATIONWIDE PROGRAMS OF THE
FIELD ESTABLISHMENT OF

CERTAIN BUREAUS, OFFICES, OR ADMINISTRATION OF THE U.S. DEPARTMENT
OF LABOR.

IN VIEW OF THE FACT THAT THE GRANTING OF EXCLUSIVE RECOGNITION TO THE
NATIONAL COUNCIL OF

FIELD LABOR LODGES, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
PROVIDES AN APPROPRIATE

BARGAINING REPRESENTATIVE FOR ALL FIELD SERVICE EMPLOYEES OF THE
DEPARTMENT.

THEREFORE, IT IS AGREED BETWEEN THE MANAGEMENT OF THE DEPARTMENT OF
LABOR AND LABOR LODGE

12, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, IN SUCH FIELD
ORGANIZATIONAL UNITS IN THE

WASHINGTON METROPOLITAN AREA, LABOR LODGE 12 SHALL, FOR COLLECTIVE
BARGAINING PURPOSES, ACT AS

AN AFFILIATED LODGE THROUGH THE NATIONAL COUNCIL OF FIELD LABOR
LODGES, AMERICAN FEDERATION OF

GOVERNMENT EMPLOYEES, WHICH HAS EXCLUSIVE RECOGNITION STATUS FOR THE
FIELD SERVICE EMPLOYEES

OF THE DEPARTMENT, EXCLUSIVE OF THE METROPOLITAN AREA.

IT IS FURTHER AGREED THAT IN THE REPRESENTATION OF EMPLOYEES IN FIELD
ORGANIZATION UNITS IN

THE WASHINGTON METROPOLITAN AREA ON DAY-TO-DAY MATTERS OF PERSONNEL
POLICY, PRACTICE, AND

WORKING CONDITIONS, INCLUDING EMPLOYEE REPRESENTATION ON GRIEVANCES
AND ADVERSE ACTION APPEALS

AS DEFINED IN THE GENERAL AGREEMENT BETWEEN THE DEPARTMENT OF LABOR
AND LABOR LODGE 12, THE

UNION SHALL CONTINUE TO ACT FOR SUCH EMPLOYEES IN DIRECT CONSULTATION
WITH APPROPRIATE

MANAGEMENT REPRESENTATION IN ITS STATUS AS THEIR EXCLUSIVE
REPRESENTATIVE AS IT HAS SINCE THE

SIGNING OF THE GENERAL AGREEMENT ON JANUARY 30, 1963.