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Federal Labor Relations Authority Information
NCUA’s Application for Review denied by the Federal Labor Relations Authority
By a 2 to 1 decision issued April 26, 2004, the Federal Labor Relations Authority
(FLRA) denied NCUA’s application for review of the FLRA Regional Director’s determination
that NCUA examiners do not meet the statutory definition of “management officials”
and, thus, are not exempt from the bargaining unit of NCUA employees. NCUA and NTEU,
59 FLRA No.157 (April 26, 2004). With the bargaining unit eligibility of our employees
now decided, NCUA will work with the FLRA and the National Treasury Employees Union
to conduct an election to determine whether NTEU will be the exclusive representative
of the bargaining unit of NCUA employees.
FLRA Decision, April 26, 2004
- PDF
NCUA’s Application for Review submitted to
the Federal Labor Relations Authority
NCUA’s “Application for Review” of the Federal Labor Relations
Authority (“FLRA”) Regional Director’s “Decision and Order
and Direction of Election” issued December 29, 2003 has been filed. NCUA is
appealing the Regional Director’s ruling that its District and Principal Examiners
(CU-11 and CU-12) are not “management officials” as defined by law and,
therefore, are not excluded from the collective bargaining unit of NCUA employees
proposed by the National Treasury Employees Union (“the Union”). We
contend that the Regional Director failed to apply established law. NCUA’s
position on appeal is fully explained in the “Application for Review.”
Any opposition to NCUA’s position that the Union may file is expected to be
posted at www.NTEU.org.
Application for Review - PDF
Most Recent Decision
NCUA’s Post-Hearing Brief and an Errata Sheet submitted to the Federal Labor
Relations Authority
Following are NCUA’s Post-Hearing Brief
and an Errata Sheet submitted to the Federal
Labor Relations Authority (“FLRA”) in support of the Agency’s
position on the eligibility of certain employees to be included in the collective
bargaining unit proposed by the National Treasury Employees Union (“the Union”).
“Management officials” are excluded by law from a collective bargaining
unit of federal agency employees. NCUA maintains that District and Principal Examiners
(CU-11 and CU-12) meet the FLRA’s definition of a “management official”--an
employee who effectively influences an agency’s plans and courses of action--which
differs significantly from the dictionary definition of that term. NCUA believes
the facts demonstrate that District and Principal Examiners, through their exercise
of independent judgment in carrying out their daily duties and responsibilities,
effectively influence the Agency’s plans and course of supervisory action
to ensure the safety and soundness of the credit unions the agency oversees. The
rationale for this position is set forth at pages 38-47 of the brief. Briefly stated,
our position is that District and Principal Examiners (CU-11 and CU-12) meet the
FLRA’s definition of a “management official” because of :
(1) examiners’ independent decision-making authority;
(2) the degree of higher level approval required prior to carrying out key functions
of the job;
(3) the degree of higher level post-examination review involved;
(4) the authority to speak for the Agency; and
(5) examiners’ impact on the Agency’s courses of action by assigning
CAMEL codes and negotiating and issuing Documents of Resolution.
Although less numerically significant than the examiners, NCUA contends that various
other employees-- Problem Case Officers, Senior Financial Analysts, Risk/Loss Officers
and the Realty Specialist--also meet the FLRA’s definition of “management
official.”
An employee “engaged in personnel work in other than a clerical capacity,”
referred to as a “personnelist,” is excluded by law from a collective
bargaining unit of federal agency employees. The FLRA defines a personnelist an
employee who exercises independent discretion or judgment in performing personnel
work, and whose membership in the collective bargaining unit would present a conflict
of interest between his or her job and union representation. NCUA maintains the
Regional Management Assistants for Operations, the Employee Development Specialist,
the Realty Specialist and an Attorney-Advisor meet the FLRA’s definition of
a personnelist.
The Union opposes the NCUA’s positions on the unit eligibility of Agency employees;
the Union’s brief can be at found www.NTEU.org.