GAO, union group still at odds on make-up of bargaining unit

The Government Accountability Office failed to provide relevant information or share data with union-organizing representatives at a meeting held before a Personnel Appeals Board (PAB) judge last week, according to a newsletter published by the International Federation of Professional and Technical Engineers (IFPTE), the group representing employees in the union-organization process.

“The Judge was surprised that GAO management has yet to share any relevant information with IFPTE,” according to a July 3 GAO Analysts Newsletter. “The Judge further observed that no documents were produced by the agency at the pre-hearing meeting.”

{mosads}The meeting in question was held last week before PAB Chairman Michael Doheny, who served as the administrative judge for the hearing to determine the fate of what could be the agency’s first union.

In May, more than half of the agency’s 1,500 analysts signed a petition to hold a union-organizing election. Union officials expected the election to take place sometime this summer, but GAO and IFPTE officials have argued about the eligibility of many of the analysts. The agency says they are not eligible for representation because they are supervisors.  

But the parties did agree that the principal dispute was the status of Band IIB employees, who earn more than analysts in the Band IIA group.

“The administrative judge also reminded the parties that the burden is on GAO management to prove their contention that Band IIB employees are supervisory,” the newsletter reads.

GAO head David Walker, the U.S. Comptroller General, said in an e-mail to The Hill that the GAO is “committed to resolving the composition of the bargaining unit in a fair, reasonable and timely manner consistent with any schedule that the PAB adopts.”

He added: “GAO intends to cooperate fully with the PAB in holding as fair and as timely an election as possible.”

Walker also noted that Band IIB employees satisfy at least one statutory criterion in U.S. Code.

“Having recurring responsibilities for leading audit engagements, including supervision of staff, was one of the basic criteria for placing GAO non-specialist analysts into Band IIB,” Walker said.

Last month, the IFPTE filed an unfair labor practice charge, saying Walker has made several inappropriate comments about the unionization effort and has not remained neutral.

Doheny authorized the IFPTE to interview any Band II employee, without the presence of GAO management, during employee work hours. He also ruled that GAO management and its attorneys would not be allowed to interview Band II employees about issues raised by the IFPTE’s union petition, according to the newsletter.

But Walker contested this point.

“[The] PAB did not preclude GAO and our attorneys from interviewing Band II employees,” he said. “Rather, it stated that the union must be present if we interview certain Band II employees about their duties and responsibilities.”

The GAO is represented by Venable LLP. Julie Clark, the general counsel for the union, and Joseph Swerdzewski, former
general counsel to the Federal Labor Relations Authority, are representing the IFPTE in the case.

“IFPTE hopes to have the best hearing possible by providing adequate time to ensure that all important evidence is gathered and made available to the judge,” said the update.

The parties agreed to hold a pre-hearing conference on July 24 to discuss stipulations and witnesses, followed by another pre-hearing conference on Aug. 22. The hearing will be held on Aug. 27.