LETTER TO JOHN A. MCCONE FROM ARTHUR J. GOLDBERG

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80B01676R002900060003-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 12, 2016
• Document Release Date: April 10, 2002
• Sequence Number: 3
• Publication Date: August 28, 1962
• Content Type: LETTER

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U. S. DEPARTMENT OF LABOR
OFFICE OF THE SECRETARY
WASHINGTON
JlrC (< 3 - Gyp_
y f~ Lt, .1
Honorable John A. McCone
Director of Central Intelligence
Central Intelligence Agency
Washington 25, D. C.
As you know, section 11 of Executive Order No. 10988 establishes
a procedure for the nomination of arbitrators by the Secretary of Labor
to make advisory determinations or decisions in certain cases involving
the exclusive representation of Federal employees by employee organi-
zations. These nominations are made upon the request of an agency or
an employee organization which has been accorded or which has qualified
for formal recognition, subject, however, to such necessary rules as
the Secretary of Labor may prescribe.
Many agencies have only recently issued their own regulations
for the implementation of the Executive Order, and it is impossible at
this time to predict either the volume or precise character of the re-
quests for nominations that will be received under section 11. In view
of these considerations, we believe that any rules issued at this time
will necessarily be temporary and subject to such modification as may
be suggested by experience. We are, however, enclosing for your
comments a copy of rules governing the submission of requests for nom-
inations which constitute the procedures which the Department of Labor
proposes to follow, at least initially, in carrying out its responsi-
bilities under section 11. We hope that these rules will provide the
basis for permanent regulations to be promulgated in the near future.
The enclosed rules are, it may be noted, predicated upon the
view that the special procedures provided under section 11 of the Order
do not represent a substitute for regular agency procedures for reso-
lution of unit and majority status problems but rather are intended as
a supplement to such procedures for use in dealing with matters invol-
ving special problems. When, for example, an agency has agreed to
conduct an election among employees in an agreed upon unit, and the
employee organization or organizations concerned do not object to the IL L E GIB
adequacy of the election procedures to be followed, there would in our
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opinion be no issue or problem such as would justify resort to the
section 11 procedures. This view of section 11 also, of course, sug-
gests the necessity for efforts by the party or parties submitting a
request to resolve in advance as many issues as possible. Thus, if a
request contemplates conduct or supervision of an election, efforts
should be made to formulate, so far as possible, mutually acceptable
election procedures covering such matters as eligibility to vote,
form of ballots and runoff elections. In connection with its duties
under section 11, the Department will endeavor to provide assistance
with respect to such matters, although reference may also be made to
other sources, such as the election procedures followed by the Nation-
al Labor Relations Board.
Attention is also invited to the fact that, under the enclosed
rules, an employee organization submitting an initial request for a
nomination is expected to make a prima facie showing that it repre-
sents a substantial number of employees in the unit or alleged unit
designated in the request. A requirement of this kind is considered
necessary so as to avoid the time and expense involved in dealing
with cases where the employee organization making the request has no
reasonable prospect of obtaining the exclusive recognition which it
seeks. While the "substantial" showing requirement should be viewed
in the light of the 30 percent rule applied by the National Labor Re-
lations Board, we have not included a specific percentage figure in
the procedures so as to retain, at this stage, some flexibility with
respect to any special problems or variations that may be encountered
in the various Federal agencies.
I would appreciate receiving any comments you may have concern-
ing these regulations by September 15, 1962.
Yours sincerely,
Secretary o
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RULES FOR NOMINATION OF ARBITRATORS
TO RENDER ADVISORY DECISIONS RELATING TO
REPRESENTATION OF FEDERAL EMPLOYEES
Section 1. Purpose and Scope. These procedures govern the nomina-
tion of arbitrators by the Secretary to perform the advisory functions
specified under section 11 of Executive Order 10988. Any arbitrators so
nominated will be available for either or both of the following purposes:
(a) to investigate the facts and issue an advisory decision with respect
to the appropriateness of a unit of Federal employees for the purpose of
exclusive recognition; or (b) to determine advisorily whether an employee
organization represents a majority of employees in an appropriate unit by
conducting or supervising an election or by other appropriate means. A
request for a nomination will be considered as contemplating performance
of functions within the above categories if it specifies as a purpose
obtaining an advisory decision on one or more questions involved in a unit
determination or determination of majority status, such as an advisory
decision on the eligibility of voters arising in connection with an elec-
tion to be held or on a question relating to the conduct of an election
already held which could not reasonably have been made the subject of a
prior request. Subject only to compliance with these procedures, a
nomination will be made by the Secretary whenever he is so requested by
an agency or by an employee organization which is seeking recognition as
the exclusive representative of Federal employees in an appropriate unit
and which has either been accorded formal recognition or meets all the
prerequisites for such recognition.
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Section 2. Definitions.
When used in these procedures
(a) "Order" means Executive Order No. 10988;
(b) "Agency" has the same meaning as in the order;
(c) "Employee organization" has the same meaning as that prescribed
in the order;
(d) "Recognition" when used with respect to any form of recognition
means recognition of the kind described which is or may be accorded to an
employee organization pursuant to the provisions of the Order;
(e) "Secretary" means the Secretary of Labor.
Section 3. Requests for Nominations of Arbitrator: Filing; Disputes;
Parties, Time.
(a) Requests for nominations should be filed only where there exists
some significant dispute or problem which cannot more appropriately be
resolved through regular agency procedures. Parties are, accordingly,
expected to limit requests for nominations so as to eliminate matters not
necessary to the resolution of such dispute or problem and to use their
best efforts to secure agreement, prior to making a request, on as many
issues as possible, including election procedures in requests contemplating
conduct or supervision of an election.
(b) Requests for nominations may be filed either by an agency, or
by an employee organization as described in section 1, or jointly by an
agency and one or more employee organizations. Joint requests are encouraged
and, so far as practicable, will be accorded priority over requests which
are not made upon a basis previously agreed to by those concerned.
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(c) Subject to the provisions of subsection (a) of this section,
a request for nomination may be filed by an agency at any time. A request
by an employee organization, if not a joint request, may be filed after
an appropriate determination by the agency, or responsible officials
thereof, of the representation matter or matters in dispute and within
30 days of receipt of such determination by the employee organization.
(d) No request contemplating an advisory determination as to
whether an employee organization should become or continue to be recog-
nized as the exclusive representative of employees in any unit will be
entertained if the request is filed within 12 months after a prior
determination of exclusive status has been made, pursuant to the order,
with respect to such unit unless the request is made or supported by
the agency or follows an agency decision setting aside such prior
determination.
Section 4. Contents of Requests; Service on Other Parties; Answer.
(a) Requests for nominations shall contain the following
information:
(1) The name of the agency and the name and address of any
office or branch of the agency below the national level that may be involved;
(2) A description of the unit appropriate for exclusive
representation or claimed to be appropriate for such representation (if
the unit includes both professional and nonprofessional employees, indication
should be made as to whether or not a majority of the professional employees
have voted for inclusion in the unit.)
(3) The number of employees in the appropriate unit or any
alleged appropriate unit;
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(c) Within fifteen (15) days following the receipt of a copy of
any request for a nomination filed with the Secretary, the agency or any
employee organization may file a response thereto with the Secretary,
raising any matter which is relevant to the request under terms of the
Order or these procedures. A copy of any response shall be furnished
to other parties and organizations listed in the request, in the manner
provided in subsection (b).
Section 5. Action To Be Taken By The Secretary; Nomination And
Selection.
(a) Upon receipt of a request and the responses, if any, the
Secretary shall make such further inquiries as may be necessary to
determine his authority under the Order and these procedures or for the
purpose of obtaining a further specification of the issues or matters to
be submitted for an advisory decision or determination, or assisting or
advising the persons nominated or considered for nomination, or otherwise
facilitating submission of the matter to such person or persons in a
manner that will permit an expeditious decision or determination.
(b) Unless the Secretary determines that selection of a panel
would be appropriate, he shall, in acting on a request, select a single
arbitrator from the roster maintained by the Federal Mediation and
Conciliation Service.
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OFFICIAL ROUTING SLIP
CENTRAL INTELLIGENCE AGENCY
VMr..1
Asst. to the DCI
The attached correspondence is returned to
you as per our telephone conversation of last
week. The Agency is exempted from the terms
of Executive Order No. 10988 and by Oinformal
ffice of
agreement betwee
Personnel and Mr. Moynahan of the Office of the
Secretary of Labor, this letter requires no
reply.
STAT
EA-DD/S -
0
FOLD HERE TO RETURN TO SENDER
N0, n37 Replaces Form 30-4
FOIRM RM 55 L which may be used.
APR
9/17/62
D I 0060003-4
(40)
{7 U. S. GOVERNMENT PRINTING OFFICE : 1955-0- 342531
INITIALS