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.