National Institute of Child Health and Human Development and NFFE Local 1967 (Authority decision, July 21, 1982)

Final FLRA representation decision. The Authority directly decided an appropriate-unit petition. This unit determination is excluded from the 60-day judicial-review provision by 5 U.S.C. § 7123(a)(2).

Plain-English summary

NFFE Local 1967 sought a separate unit for professional employees at the National Institute of Child Health and Human Development. The Authority found that these employees shared work conditions, personnel policies, and research collaboration with professionals across NIH. It held the proposed unit lacked a distinct community of interest and would not promote effective dealings or efficiency. This original representation petition had no Regional Director decision under review, so the outcome label is other.

Decision snapshot

• Authority: 5 U.S.C. § 7112(a)(1).
• Outcome: Petition dismissed; separate institute unit not approved.
• Key point: The proposed employees were not distinct enough from other NIH professionals.

Full text (FLRA public release)

[ v09 p526 ]

09:0526(61)RO

The decision of the Authority follows:

9 FLRA No. 61

NATIONAL INSTITUTE OF CHILD HEALTH
AND HUMAN DEVELOPMENT, NATIONAL
INSTITUTES OF HEALTH
Activity

and

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1967
Labor Organization/Petitioner

Case No. 3-RO 85

DECISION AND ORDER

UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
UNDER SECTION 7111(B)(1) OF THE FEDERAL SERVICE LABOR-MANAGEMENT
RELATIONS STATUTE (THE STATUTE), A HEARING WAS HELD BEFORE A HEARING
OFFICER OF THE AUTHORITY. /1/ 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, /2/ THE AUTHORITY FINDS: THE
PETITIONER, NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 1967, SEEKS
TO EXCLUSIVELY REPRESENT ALL PROFESSIONAL EMPLOYEES OF THE NATIONAL
INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT (ACTIVITY) AT BETHESDA,
MARYLAND. THE ACTIVITY IS PART OF THE NATIONAL INSTITUTES OF HEALTH
(NIH) WHICH CONSISTS OF VARIOUS INSTITUTES, BUREAUS AND DIVISIONS, THE
NATIONAL LIBRARY OF MEDICINE, AND THE CLINICAL CENTER. NIH HAS
APPROXIMATELY 1,398 PROFESSIONAL EMPLOYEES, MOST OF WHOM ARE LOCATED IN
BETHESDA, MARYLAND. THE PETITIONER SEEKS TO REPRESENT APPROXIMATELY 118
OF THESE EMPLOYEES, ALL EMPLOYED IN BETHESDA. THERE ARE NO EXCLUSIVELY
REPRESENTED UNITS OF PROFESSIONAL EMPLOYEES IN BETHESDA. /3/

EACH OF THE DIVISIONS WITHIN NIH SHARES THE OVERALL NIH MISSION OF
IMPROVING THE HEALTH OF THE NATION. THE SPECIFIC MISSION OF THE
ACTIVITY INVOLVES POPULATION RESEARCH AND THE SPECIAL PROBLEMS OF
MOTHERS, CHILDREN AND FAMILIES. AS WITH MOST OF THE NIH RESEARCH
INSTITUTES, THE ACTIVITY PERFORMS LABORATORY AND CLINICAL RESEARCH, AND
IS ALSO RESPONSIBLE FOR ADMINISTERING A SYSTEM OF GRANTS AND CONTRACTS
WHICH SUPPORT OUTSIDE RESEARCH.

THE ACTIVITY CONTENDS THAT THE PETITIONED FOR UNIT IS NOT APPROPRIATE
UNDER THE CRITERIA OF SECTION 7112(A)(1) OF THE STATUTE, /4/ AS THE
EMPLOYEES SOUGHT DO NOT SHARE A COMMUNITY OF INTEREST SEPARATE AND
DISTINCT FROM PROFESSIONAL EMPLOYEES AT THE VARIOUS BUREAUS, INSTITUTES
AND DIVISIONS WHICH COMPRISE NIH, AND THAT THE ONLY APPROPRIATE UNIT
WOULD BE A RESIDUAL UNIT OF ALL UNREPRESENTED PROFESSIONAL EMPLOYEES.
IT FURTHER CONTENDS THAT THE UNIT SOUGHT WOULD RESULT IN FRAGMENTATION
AND PROLIFERATION OF UNITS AT NIH RESULTING IN AN ADVERSE IMPACT ON
EFFECTIVE DEALINGS AND EFFICIENCY OF AGENCY OPERATIONS.

THE RECORD REVEALS THAT THE PROFESSIONAL EMPLOYEES SOUGHT HAVE JOB
CLASSIFICATIONS WHICH ARE COMMON TO THOSE IN THE OTHER COMPONENTS OF
NIH, AND ARE REGULARLY REASSIGNED AND OCCASIONALLY DETAILED TO OTHER
SEGMENTS OF THE AGENCY. PROFESSIONAL EMPLOYEES OF THE VARIOUS BUREAUS,
INSTITUTES AND DIVISIONS OF NIH FREQUENTLY COLLABORATE WITH EACH OTHER
IN THEIR RESPECTIVE AREAS OF EXPERTISE. THE EMPLOYEES SOUGHT SHARE THE
SAME WORKING CONDITIONS AND ARE COVERED BY THE SAME PERSONNEL POLICIES
AND PRACTICES AS ALL OTHER PROFESSIONAL EMPLOYEES AT NIH. THUS, ALL
PROFESSIONAL EMPLOYEES AT NIH ARE IN THE SAME AREA OF CONSIDERATION FOR
REDUCTIONS IN FORCE, RETENTION RIGHTS AND PROMOTION ACTIONS, AND ALL ARE
COVERED BY THE SAME EMPLOYEE GRIEVANCE PROCEDURE, CAREER LADDER, MERIT
PROMOTION PLAN, ADVERSE ACTION POLICY AND AWARD PROGRAM. MOREOVER,
ALTHOUGH EACH COMPONENT OF NIH HAS ITS OWN PERSONNEL OFFICE TO HANDLE
DAY-TO-DAY OPERATIONS, THE NIH CENTRAL PERSONNEL OFFICE IS RESPONSIBLE
FOR THE OVERALL POLICY DEVELOPMENT AND PROGRAM EVALUATION OF ALL
COMPONENTS OF NIH INCLUDING THE ADMINISTRATION OF ALL LABOR-MANAGEMENT
RELATIONS FUNCTIONS, WHICH FUNCTIONS ARE CENTRALIZED IN ITS
LABOR-MANAGEMENT BRANCH.

IN VIEW OF THE FOREGOING, THE AUTHORITY FINDS THAT THE UNIT WHICH THE
PETITIONER SEEKS TO REPRESENT IS NOT APPROPRIATE FOR EXCLUSIVE
RECOGNITION UNDER SECTION 7112(A)(1) OF THE STATUTE SINCE THE EMPLOYEES
SOUGHT DO NOT HAVE A CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST
SEPARATE AND DISTINCT FROM THE OTHER PROFESSIONAL EMPLOYEES IN THE
BUREAUS, INSTITUTES AND DIVISIONS OF NIH. MOREOVER, IN AGREEMENT WITH
THE ACTIVITY, IT IS CONCLUDED THAT THE SEPARATE UNIT SOUGHT WOULD NOT
PROMOTE EFFECTIVE DEALINGS OR EFFICIENCY OF AGENCY OPERATIONS. SEE
LOCAL NO. 3 INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL
ENGINEERS, AFL-CIO-CLC AND NAVAL SEA SUPPORT CENTER, ATLANTA DETACHMENT,
7 FLRA NO. 99 (1982).

BASED UPON THE FOREGOING, THE AUTHORITY SHALL DISMISS THE PETITION.

ORDER

IT IS HEREBY ORDERED THAT THE PETITION IN CASE NO. 3-RO-85 BE, AND IT
HEREBY IS, DISMISSED. ISSUED, WASHINGTON, D.C., JULY 21, 1982

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY

--------------- FOOTNOTES$ ---------------

/1/ THE ACTIVITY'S UNOPPOSED MOTION TO CORRECT THE TRANSCRIPT IS
HEREBY GRANTED.

/2/ THE ACTIVITY'S UNTIMELY BRIEF WAS NOT CONSIDERED BY THE
AUTHORITY.

/3/ THE RECORD REVEALS THAT OF THE 17 RECOGNIZED BARGAINING UNITS AT
NIH, THERE ARE 11 NON-PROFESSIONAL UNITS IN BETHESDA, AND FOUR
NON-PROFESSIONAL, ONE PROFESSIONAL AND ONE MIXED
PROFESSIONAL-NON-PROFESSIONAL UNIT ELSEWHERE.

/4/ SECTION 7112(A)(1) PROVIDES IN PERTINENT PART:

SEC. 7112. DETERMINATION OF APPROPRIATE UNITS FOR LABOR ORGANIZATION
REPRESENTATION.

(A)(1) 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.