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Leon B. Applewhaite, Member of the Federal Labor Relations Authority, has been active in labor-management affairs since he began his general legal practice in 1951. Very broadly experienced in dispute resolution and third-party administration in labor relations in the private and the public sectors, from 1964 to 1967, Mr. Applewhaite has served as an arbitrator and a mediator for the New York State Board of Mediation. In this work his experience included approximately 750 arbitrations and over 100 mediations that encompassed all segments of the private sector. From 1968 to 1979, he served as Regional Representative and Chief Regional Mediator for the New York State Public Employment Relations Board, participating as a full-time mediator in over 450 mediations and factfinding panels involving all segments of the public sector in New York. Since 1967, Mr. Applewhaite has also served as an arbitrator and a mediator in some 250 private and public sector cases nationally.

Mr.Applewhaite served in the U.S. Army from 1952 to 1954. In addition to having been an attorney in general private practice for many years, he served as a claims authorizer for the Social Security Administration, from 1955 to 1959, and as legal secretary to Justice Francis E. Rivers, from 1959 to 1963. He was a member of the New York State Commission for Human Rights from 1963 to 1964.

Mr.Applewhaite holds a B.A. degree from New York University, a J.D. degree from the Brooklyn Law School, and an LL.M. from the Brooklyn Graduate Law School. He has taught as an Adjunct Professor at the New York State School of Industrial and Labor Relations, at Cornell University, the Labor College of the State University of New York, Hofstra University and Pace University, and as Professor at the State University of New York at Farmingdale.

Mr. Applewhaite is a member of the National Academy of Arbitrators, the American Arbitration Association, the New Jersey State Board of Mediation, the New York County Lawyers Association, the Association of the Bar of the City of New York, the Harlem Lawyers Association, and the Industrial Relations Research Association. He is also a member of the American Bar Association, the Federal Bar Association, the National Bar Association, the Capitol Hill Club, the Lawyer's Club, and the NAACP.

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Mr. H. Stephan Gordon was born in Vienna, Austria on December 4, 1922. He came to the United States at age 16. Mr. Gordon served with the U.S. Army in the European Theater from 1942 to 1945. He received his A.B. degree from Indiana University in 1946 and his J.D. degree from the George Washington University in 1949. From 1949 to 1971 Mr. Gordon was employed by the National Labor Relations Board in various capacities, including Trial Attorney, Chief Law Officer in the Atlanta Regional Office, Director of Appeals, Assistant General Counsel in charge of the General Counsel's legal policy branch, and from 1961 to 1971 as Associate General Counsel in charge of the NLRB's field operation.

In September 1971, Mr. Gordon was appointed to the position of Chief Administrative Law Judge of the Department of Labor, where he also served as Chairman of the Department's Board of Contract Appeals and as Chairman of the National Review Panel. He was appointed as a Member of the Administrative Conference of the United States in July 1978. Mr. Gordon was appointed by President Carter and confirmed by the U.S. Senate in his present position of General Counsel of the Federal Labor Relations Authority in July 1979.

BACKGROUND STATEMENT FOR SAMUEL A. CHAITOVITZ

The Federal Labor Relations Authority appointed "Sandy" Chaitovitz to be Executive Director of the Authority on December 16, 1979.

As Executive Director, Chaitovitz has broad responsibility for the management and operation of the agency in carrying out its functions to administer the Federal Labor-Management Relations Statute (Chapter 71, Title 5, U.S. Code). He had served as Chief of the Authority's Representation and Unfair Labor Practice Division. Chaitovitz joined the Authority as an Administrative Law Judge, a position he had held with the Department of Labor since 1972. Previously, he had worked with the National Labor Relations Board here and in the field, including service as its Deputy Assistant General Counsel, and was engaged in the private practice of law in New York City.

He is a member of the American Bar Association and the Federal Bar Association. Chaitovitz is a graduate of Amherst College and received his J.D. from Harvard Law School.

BACKGROUND STATEMENT FOR HAROLD D. KESSLER

Harold Kessler serves as the Deputy Executive Director of the Federal Labor Relations Authority. Before the creation of the Authority, Mr. Kessler served as Deputy Executive Director of the Federal Labor Relations Council and, before that, Chief of the Program Division at the Council. Before joining the Council, he had been a Federal Labor-Management Relations Specialist with the Department of Labor's Office of Federal Labor-Management Relations. He has also had extensive experience with the National Labor Relations Board, first as a Field Examiner and, subsequently, as a Group Supervisor in the Board's Seattle and St. Louis Regional Offices. Mr. Kessler was an instructor in Labor Economics and Collective Bargaining at St. Louis University. Mr. Kessler has served as Secretary and as an Executive Board member of the Society for Federal Labor Relations Professionals.

Mr. Kessler holds a B.S. in General Business Administration-Economics from Indiana University and an M.A. in Labor and Industrial Relations from the University of Illinois.

BACKGROUND STATEMENT FOR S. JESSE REUBEN

S. Jesse Reuben was appointed Deputy General Counsel of the Federal Labor Relations Authority effective August 6, 1979. On January 1, 1979, he was named Associate General Counsel of the Authority. In August 1973 he became Deputy Director of the Office of Federal Labor-Management Relations (FLMR), U.S. Department of Labor, having served as Assistant Director, Division of Operations since March 1972. From August 1970 to March 1972, Mr. Reuben was Chief of the Branch of Unit Determinations, FLMR.

From January 1966 to March 1970, Mr. Reuben was a Supervisory Attorney in the Office of the General Counsel, National Labor Relations Board (NLRB), Washington, D.C. Prior to this period, he served as a General Attorney in the Office of the General Counsel (NLRB) from May 1962 to January 1966.

Mr. Reuben received a bachelor degree from the George Washington University, Washington, D.C., in 1958 and an LL.B from the George Washington University Law School, Washington, D.C., in 1961.

A member of the Virginia and District of Columbia bars, Mr. Reuben is married, has three children and lives in Potomac, Maryland.

BACKGROUND STATEMENT FOR JOHN H. FENTON

John H. Fenton was appointed Chief Administrative Law Judge of the Authority on May 7, 1979. He came to the Authority from the United States Department of Labor, where he had been Associate Chief Administrative Law Judge since 1972. During that period the Department administered Executive Order 11491, which governed labor-management relations in the federal service until that program was replaced by Title VII of the Civil Service Reform Act of 1978.

Judge Fenton was born in Boston, Massachusetts, on August 11, 1927. He received his B.S. degree from Georgetown University in 1948 and his LL.B from its Law Center in 1952. He entered federal service in 1948 with the National Labor Relations Board and was appointed as an attorney on the General Counsel's staff in 1952. He thereafter served as a trial attorney and supervisory trial attorney in

Atlanta and as a supervisor in the Advice Branch of the General Counsel in Washington, D.C. In 1963 he was appointed as Assistant General Counsel in the Division of Operations where, until 1972, he supervised a number of Regional Offices.

Judge Fenton resides in Bethesda, Maryland, with his wife, three sons and one daughter.

BACKGROUND STATEMENT FOR RONALD M. SENDAK

Mr. Sendak came to the position of Director of Administration for the Federal Labor Relations Authority after 17 years of management experience in the Federal government.

A graduate of Harvard College (A.B. cum laude in economics, class of 1951) and of Harvard Graduate School of Business Administration (M.B.A. 1953), Mr. Sendak has completed 75 credit hours of pre-doctoral graduate study recently in management, economics, and public administration.

He has been Deputy Director of the Budget in the Department of Labor, and has, among other assignments, served as Director of Administration of the D.C. Government's Department of Environmental Services.

During many years in the Department of Labor, Mr. Sendak obtained three "loan" assignments to local governments under the Intergovernmental Personnel Act, in various management consulting capacities, and headed a Department of Labor task force to trouble shoot problems for technical assistance programs in Iran and Saudia Arabia.

Prior to his Federal experience, Mr. Sendak managed family contracting businesses in Indiana and Florida. He has published internationally syndicated business columns for the North American Newspaper Alliance Syndicate, and holds patents in several nations on a number of consumer products. Mr. Sendak resides in Annandale, Virginia.

BACKGROUND STATEMENT FOR RICHARD D. ARNOLD II

Mr. Arnold, Financial Manager of the Federal Labor Relations Authority, came to his position with 11 years of previous Federal financial and administrative experi

ence.

Mr. Arnold holds a B.B.A. degree from the George Washington University and is presently pursuing an M.P.A. degree with the University of Southern California. He served as Administrative Officer for the Federal Labor Relations Council for four years, prior to the Reorganization. Previous service included accounting, auditing and budget positions with the Department of the Interior and the Civil Service Commission.

He is married, with four children, and resides in Manassas, Virginia.

BACKGROUND STATEMENT OF GEORGE B. BAILY, JR., SPECIAL ASSISTANT TO THE GENERAL COUNSEL, OFFICE OF THE GENERAL COUNSEL, FEDERAL LABOR RELATIONS AUTHORITY

George Baily has been the special assistant to the General Counsel for the FLRA since September, 1979. He is responsible for the design and implementation of a uniform case tracking and statistical reporting system in the Office of the General Counsel and for all budget issues related to the Office of the General Counsel. From May, 1977, through September, 1979, Mr. Baily was assigned to the Office of Financial Service (OFS) in the Office of the Secretary of the U.S. Department of Labor. While primarily responsible for directing formulation of the Salaries and Expenses appropriation, he held a number of positions of OFS, and was the Acting Director of the Office prior to his departure.

In June, 1974, Mr. Baily joined the Employment and Training Administration of the U.S. Department of Labor, where he was principally responsible for the budget execution functions of the Agency. In addition he participated in the design and implementation of an automated position control system. From August 1976, through April 1977, he coordinated adapting and implementing this system throughout the Department of Labor.

Prior to joining the Department of Labor, Mr. Baily served as a navigator for five years in the Strategic Air Command of the United States Air Force. He saw action in the Southeast Asian conflict, and was awarded the Distinguished Flying Cross for his performance during that period.

Mr. Baily is a life-long resident of Silver Spring, Maryland. He attended Washington College and was a graduate assistant in mathematics at the University of Maryland. He has also done graduate work at Central Michigan University and at the George Washington University. Currently Mr. Baily serves as the volunteer chairman of the citizen's Advisory Board to the Montgomery County Department of Recreation. He has received numerous academic, civic and professional awards.

FISCAL YEAR 1981 BUDGET REQUEST

Mr. HAUGHTON. We are requesting $14,744,000 with 424 fulltime permanent positions for 1981. This is a slight increase over the previous year. This past fiscal year was our first year of operation. We had the privilege of appearing before you when we were just getting started. We needed help on space. At the time we came in last year your staff was very helpful to us and we are grateful for that.

During this first year, we have been able to dispose of an inherited backlog from the Federal Labor Council activities of approximately 1 year's work. We have set up nine regional offices with regional attorneys, regional directors, Mr. Stephan Gordon has hired a staff of attorneys and labor relations specialists. We are functional throughout the country and have new jurisdiction as a result of the Panama Canal Senate treaty. We have new duties in Panama. We have hired an extra person, a bilingual grade 14 Hispanic to work out of our Dallas office primarily on problems in Panama. We are on board with those problems, we feel.

INCREASING WORKLOADS

The unfair labor practice caseload last year increased from something like 1,000 under the old council, to 2,000 in fiscal year 1979. It will be 5,500 this fiscal year of 1980, and it will be about 7,000 unfair labor practice cases in the following year. My associate Steve Gordon may have more to say about these figures.

Mr. STEED. What do you think causes that? Is that because you have become more well known in your operations, or is this an actual increase over what the cases were?

Mr. HAUGHTON. You have put your finger on it. I think the law has been widely publicized as making Federal labor relations first class. It tracks the National Labor Relations Act which gave certain rights of collective bargaining 40 years ago. It has been publicized. Probably one of the most important things, under the executive order people and agencies had to process and really pay for their own unfair labor practice case prosecution. With the NLRB, the Government prosecutes just as the Government prosecutes a murder case as a prosecuting attorney. We have been given that responsibility and duty now. If you were cynical you could say somebody could now file a case and try it out for size. But in looking at them we do not think these are capricious cases. People now are filing cases that were too complicated for them to prosecute themselves.

Mr. STEED. Is this the type of thing that will peak out and level off?

Mr. HAUGHTON. We have already agreed we will not impose on your time by reading a lot of statements to you but I would like General Counsel Gordon to answer that question.

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