DECISION AND DIRECTION OF ELECTION
I.
The National Association of Broadcast Employees and Technicians, Communications Workers of America, AFL-CIO, (“Petitioner”) has duly filed with the Board of Directors of the Office of Compliance (the “Board”) a petition to represent employees of the Office of Communications Media (“OCM”), Office of the Chief Administrative Officer (the “Employing Office”). In response to the petition, the Board, acting pursuant to its authorities under Chapter 71 of title 5 of the United States Code, as applied by section 220(c)(1) of the Congressional Accountability Act of 1995 (the “CAA”), 2 U.S.C. § 1351(c)(1), and the Board’s regulations, has investigated the petition and found that there was a question concerning representation. The Board accordingly held a pre-election investigatory hearing to develop a record upon which to make a decision as to disputed representation issues. In addition, the Employing Office has raised several collateral issues relating to the conduct of the hearing, which the Board also disposes of here.
II.
A. Appropriate Unit
The parties agree that a functional unit consisting of the skilled employees of the OCM, except those excluded by statute, is an appropriate unit, and have stipulated that the three supervisory positions, the current incumbents of which are Michael Allen, Gary Dennick, and Alex Cusati, and the non-supervisory position of staff assistant, the current incumbent of which is Patrick Kenealy, should be excluded from this unit.
However, the parties disagree as to whether four part-time, temporary positions, all of which were vacant at the time of the hearing, are properly included in the unit. Despite the fact that the disputed positions are vacant, Petitioner asks the Board to decide the issue now. Petitioner Brief at 20-22. Petitioner argues that the temporary employees are part of an appropriate unit because they have a reasonable expectation of continued employment and otherwise share a community of interest with the other skilled employees in the OCM. Id. at 17- 20.
