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. |