Army Communications Systems Agency, Fort Monmouth, New Jersey (Activity) and National Federation of Federal Employees, Local 476 (Petitioner) and American Federation of Government Employees, Local 1904, AFL-CIO (Intervenor)
[ v04 p627 ]
04:0627(83)RO
The decision of the Authority follows:
4 FLRA No. 83 U.S. ARMY COMMUNICATIONS SYSTEMS AGENCY, FORT MONMOUTH, NEW JERSEY Activity and NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 476 Petitioner and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1904 Intervenor Case No. 2-RO-14 DECISION AND DIRECTION OF ELECTION UPON A PETITION DULY FILED UNDER SECTION 7111(B)(1)(B) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, 5 U.S.C. 7105-7135 (THE STATUTE), A HEARING WAS HELD BEFORE A HEARING OFFICER OF THE AUTHORITY. THE AUTHORITY HAS REVIEWED THE HEARING OFFICER'S RULINGS MADE AT THE HEARING AND FINDS THAT THEY ARE FREE FROM PREJUDICIAL ERROR. THE RULINGS ARE HEREBY AFFIRMED. UPON THE ENTIRE RECORD IN THIS CASE, INCLUDING BRIEFS FILED BY THE PARTIES, THE AUTHORITY FINDS: THE NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 476 (NFFE) SEEKS TO REPRESENT EXCLUSIVELY EMPLOYEES OF THE U.S. ARMY COMMUNICATIONS SYSTEMS AGENCY (ACTIVITY) IN A UNIT CURRENTLY EXCLUSIVELY REPRESENTED BY THE INTERVENOR, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1904 (AFGE). THE AFGE HAS BEEN THE EXCLUSIVE REPRESENTATIVE OF THE UNIT SOUGHT SINCE NOVEMBER 7, 1972. THE PARTIES STIPULATED THERE IS NO BAR TO AN ELECTION HEREIN, AND THAT THE FOLLOWING CONSTITUTES AN APPROPRIATE UNIT WITHIN THE MEANING OF THE STATUTE: ALL PROFESSIONAL AND NON-PROFESSIONAL EMPLOYEES OF THE U.S. ARMY COMMUNICATIONS SYSTEMS AGENCY (U.S.A.C.S.A.) WITH DUTY STATION AT FORT MONMOUTH, NEW JERSEY; EXCLUDED: MANAGEMENT OFFICIALS (AS DEFINED IN THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE), SUPERVISORS, EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN (A) PURELY CLERICAL CAPACITY, CONFIDENTIAL EMPLOYEES AND TEMPORARY EMPLOYEES WITH APPOINTMENTS OF 180 DAYS OR LESS. AT ISSUE HEREIN ARE EIGHTEEN POSITIONS (OCCUPIED BY FORTY-FOUR EMPLOYEES) WHICH THE ACTIVITY SEEKS TO EXCLUDE FROM THE BARGAINING UNIT AS "MANAGEMENT OFFICIALS," AND THIRTEEN EMPLOYEES WHOM THE ACTIVITY SEEKS TO EXCLUDE FROM THE UNIT AS "CONFIDENTIAL EMPLOYEES." THE PARTIES STIPULATED THAT: THE ACTIVITY IS A TENANT ACTIVITY AT FORT MONMOUTH, NEW JERSEY, AND IS A MAJOR SUBORDINATE COMMAND OF THE U.S. ARMY COMMUNICATION COMMAND, FORT HUACHUCA, ARIZONA. THE ACTIVITY IS ENGAGED IN THE PROJECT MANAGEMENT OF THE DEVELOPMENT, ENGINEERING, AND ACQUISITION OF THE C.S. ARMY SYSTEMS. MANAGEMENT OFFICIALS SECTION 7103(A)(11) OF THE STATUTE DEFINES "MANAGEMENT OFFICIAL" AS: . . . AN INDIVIDUAL EMPLOYED BY AN AGENCY IN A POSITION THE DUTIES AND RESPONSIBILITIES OF WHICH REQUIRE OR AUTHORIZE THE INDIVIDUAL TO FORMULATE, DETERMINE, OR INFLUENCE THE POLICIES OF THE AGENCY(.) THE PARTIES STIPULATED THAT DETERMINATIONS WITH RESPECT TO THOSE INDIVIDUALS DESIGNATED AS "MANAGEMENT OFFICIALS" WOULD BE MADE BY EXAMINATION OF THE DUTIES OF THE POSITION, RATHER THAN BY THE DUTIES OF EACH INCUMBENT. THE ACTIVITY SEEKS TO EXCLUDE THE FOLLOWING POSITIONS FROM THE BARGAINING UNIT AS "MANAGEMENT OFFICIALS:" JOB NUMBER 77-878, ELECTRONICS ENGINEER, GS-855-15 THE RECORD ESTABLISHES THE INCUMBENT IN THIS POSITION SERVES AS THE ACTIVITY'S TECHNICAL DIRECTOR. HE IS THE SENIOR CIVILIAN EMPLOYEE OF THE ACTIVITY AND IS A MEMBER OF THE ACTIVITY'S "COMMAND GROUP." HE REPORTS DIRECTLY TO THE COMMANDING GENERAL (CG) (WHO IS ALSO THE PROJECT MANAGER). AS THE ACTIVITY'S TECHNICAL DIRECTOR, THE INCUMBENT PROVIDES COMMAND LEVEL CIVILIAN CONTINUITY TO COVER THE REGULAR OR RECURRING CHANGES OF BOTH THE COMMANDER AND THE DEPUTY COMMANDER. HE IS DESIGNATED AS THE THIRD IN LINE TO THE PROJECT MANAGER AND IS AUTHORIZED TO ACT FOR HIM IN ALL MATTERS. THE TECHNICAL DIRECTOR IS THE ACTIVITY'S CHIEF TECHNICAL ADVISOR, PROVIDING EXPERT TECHNICAL ADVICE TO THE CG, DEPUTY COMMANDER AND TO THE DEPUTY PROJECT MANAGERS. HE ALSO WORKS ACROSS THE BOARD IN RELIEVING THE CG OF A CONSIDERABLE PORTION OF HIS DIRECTIVE RESPONSIBILITY. ANY COMPLEX PROPOSAL, OR DEVIATION FROM THE NORM IN THE INCUMBENT'S AREA OF EXPERTISE REQUIRES THE APPROVAL OF THE TECHNICAL DIRECTOR BEFORE BEING PRESENTED TO THE CG. THE INCUMBENT ALSO IS AN ADVISOR ON CIVILIAN MATTERS. THUS, HE IS THE CAREER ADVISOR FOR THE ENGINEERS AND SCIENTISTS AND IS AN ADVISOR TO THE CG ON ALL CAREER PROGRAM MANAGEMENT MATTERS; HE REVIEWS INDIVIDUAL CAREER APPRAISALS, AND ADVISES EMPLOYEES AND THEIR SUPERVISORS AS TO THE ADEQUACY AND SUFFICIENCY OF CAREER PLANNING, AND ASSISTS THEM IN IMPLEMENTING PLANS. THE INCUMBENT GENERALLY OVERSEES THE CAREER PLANNING AND DEVELOPMENT OF THE ACTIVITY'S CIVILIAN EMPLOYEES. THE AUTHORITY FINDS THE ACTIVITY'S TECHNICAL DIRECTOR IS A "MANAGEMENT OFFICIAL" WITHIN THE MEANING OF SECTION 7103(A)(11) OF THE STATUTE AS THE RECORD INDICATES HIS RESPONSIBILITIES REQUIRE HIM TO INFLUENCE THE POLICIES OF THE ACTIVITY. THUS, HIS ROLE EXTENDS BEYOND THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION OR RECOMMENDATIONS WITH RESPECT TO POLICIES, TO THE POINT OF ACTIVE PARTICIPATION IN THE ULTIMATE DETERMINATION AS TO WHAT THE POLICY IN FACT WILL BE, AS, IN ADDITION TO WORKING ACROSS THE BOARD IN RELIEVING THE CG OF A CONSIDERABLE PORTION OF HIS DIRECTIVE RESPONSIBILITY, HE IS THE COMMANDER'S CHIEF ADVISOR ON TECHNICAL AND CIVILIAN MATTERS. HE IS DESIGNATED AS THE THIRD IN LINE TO THE PROJECT MANAGER (CG) AND IS AUTHORIZED TO ACT FOR HIM IN ALL SUCH MATTERS. THUS, THE AUTHORITY SHALL ORDER JOB NUMBER 77-878, ELECTRONICS ENGINEER, GS-855-15, BE EXCLUDED FROM THE EXCLUSIVELY RECOGNIZED UNIT. JOB NUMBER 79-34, OPERATIONS RESEARCH ANALYST, GS-1515-14 THE INCUMBENT IS THE CHIEF OF THE COST ANALYSIS OFFICE AND AS SUCH IS THE ACTIVITY'S COST ANALYSIS EXPERT. THE DEPUTY PROJECT MANAGERS (DPM'S) GO TO THE INCUMBENT FOR COST ANALYSIS ON ALTERNATIVE PROJECT OR PROGRAM PLANS. HE MAKES RECOMMENDATIONS TO THE DPM'S BASED UPON HIS EXPERTISE IN COST ANALYSIS METHODS AND UPON SPECIFIC DATA. THE DPM'S USE THE INFORMATION THEY OBTAIN FROM THE CHIEF COST ANALYST PLUS WHATEVER ELSE THEY NEED IN DETERMINING WHAT ACTION TO TAKE. THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT OFFICIAL," BUT RATHER THE ROLE OF THE INDIVIDUAL IN THIS POSITION, AS NOTED ABOVE, IS THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION OR RECOMMENDATIONS. THUS, THE AUTHORITY CONCLUDES THAT JOB NUMBER 79-34, OPERATIONS RESEARCH ANALYST, GS-1515-14, SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT. JOB NUMBER 75-846, DATA MANAGEMENT OFFICER, GS-301-13 THE RECORD SHOWS THE DATA MANAGEMENT OFFICER IS A MEMBER OF THE PROCUREMENT SERVICES DIVISION OF THE PROCUREMENT AND PRODUCT CONTROL DIRECTORATE OF THE ACTIVITY. THE INCUMBENT IS THE ACTIVITY'S EXPERT ON THE ACQUISITION OF DATA. HE MAKES RECOMMENDATIONS IN THAT RESPECT NOT ONLY TO DPM'S BUT TO THE DIRECTOR, DEPUTY COMMANDER AND COMMANDER. THE INCUMBENT WORKS WITHIN VERY BROAD POLICIES AND DIRECTIVES SET AT HIGHER LEVELS, BUT RULES GOVERNING DATA ARE SUCH THAT THEY ARE STILL BEING DEVELOPED AND THE INCUMBENT GENERATES MANY HIMSELF. THE INCUMBENT HAS DEVELOPED AN ACTIVITY REGULATION TO GUIDE THE DPM'S AND ACTION OFFICERS IN THE ACQUISITION OF DATA. THE REGULATION SETS UP THE PARAMETERS WITHIN WHICH THE DPM'S AND ACTION OFFICERS MUST WORK. THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT OFFICIAL," BUT RATHER THE ROLE OF THE INDIVIDUAL IN THIS POSITION IS THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION OR RECOMMENDATIONS. THUS, ALTHOUGH THE INCUMBENT IN THIS POSITION DEVELOPED AN ACTIVITY REGULATION TO GUIDE THE DPM'S AND ACTION OFFICERS IN THE ACQUISITION OF DATA, HIS ROLE REMAINS THAT OF AN EXPERT OR PROFESSIONAL, RENDERING RESOURCE INFORMATION OR RECOMMENDATIONS, IN THIS CASE, IN THE FORM OF A WRITTEN GUIDELINE. THE INCUMBENT'S ROLE DOES NOT EXTEND TO THE POINT OF ACTIVE PARTICIPATION IN THE ULTIMATE DETERMINATION AS TO WHAT POLICY WILL BE. THEREFORE, THE AUTHORITY CONCLUDES THAT JOB NUMBER 75-846, DATA MANAGEMENT OFFICER, GS-301-13, SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT. JOB NUMBER 79-69, PROCUREMENT ANALYST, GS-1102-13 THE PROCUREMENT ANALYST IS A MEMBER OF THE PROCUREMENT SERVICES DIVISION OF THE PROCUREMENT AND PRODUCT CONTROL DIRECTORATE. THE PROCUREMENT ANALYST GIVES ADVICE, ASSISTANCE AND GUIDANCE TO THE DPM'S AND THEIR ACTION OFFICERS WHO INVOLVE THEMSELVES IN ACQUISITION REQUIREMENT PACKAGES. AFTER LEARNING THE FORMULATION OF A SPECIFICATION, THE FORMULATION OF CONTRACT LINE ITEMS, AND THE COMPLEXITY OF PROCUREMENT, THE INCUMBENT MAKES A RECOMMENDATION AS TO THE TYPE OF CONTRACT TO BE USED. HE REVIEWS THE WORK OF OTHERS FROM A PROCUREMENT STANDPOINT, MAKES RECOMMENDATIONS, AND COORDINATES WITH VARIOUS LEVELS TO GIVE PROCUREMENT GUIDANCE. THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT OFFICIAL," AS THE RECORD DOES NOT ESTABLISH THAT THE INCUMBENT FORMULATES, DETERMINES OR INFLUENCES THE POLICIES OF THE ACTIVITY WITHIN THE MEANING OF THE STATUTE, BUT RATHER THE ROLE OF THE INDIVIDUAL IN THIS POSITION IS THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION OR RECOMMENDATIONS. THUS, TEE AUTHORITY CONCLUDES THAT JOB NUMBER 79-69, PROCUREMENT ANALYST, GS-1102-13, SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT. JOB NUMBER 79-15, COMMUNICATION SPECIALIST, GS-393-13 ACCORDING TO THE RECORD, THIS POSITION IS LOCATED IN THE "USASATCOMA LIAISON OFFICE," WHICH IS A ONE-PERSON OPERATION WITH A SECRETARY. THE INCUMBENT'S MAIN DUTIES INVOLVE REPRESENTING THE ARMY COMMUNICATIONS COMMITTEE (ACC) IN ALL RELATIONSHIPS TO SATELLITE COMMUNICATIONS. HE ATTENDS MEETINGS, AND HE REPRESENTS THE COMMANDER AND THE COMMANDER'S POSITION. THE RECORD INDICATES THAT HE WOULD IMPLEMENT POLICY PROCEDURES WITH THE COMMANDER OF THE ACC. THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT OFFICIAL," AS THE EVIDENCE DISCLOSES THAT THE INCUMBENT DOES NO MORE THAN REPRESENT THE COMMANDER AND HIS POSITION OR IMPLEMENT POLICY PROCEDURES ALREADY DETERMINED BY HIGHER MANAGEMENT AUTHORITY. THUS, THE AUTHORITY CONCLUDES THAT JOB NUMBER 79-15, COMMUNICATION SPECIALIST, GS-393-13, SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT. JOB NUMBER 80-84, PUBLIC INFORMATION OFFICER, GS-1081-12 THE INCUMBENT IN THIS POSITION IS THE PUBLIC AFFAIRS OFFICER (PAO) OF THE ACTIVITY WHO WORKS OUT OF THE OFFICE OF THE COMMANDER. THE PAO COORDINATES CONTROVERSIAL AFFAIRS AND WRITES SPEECHES FOR THE CG. HE COORDINATES RELATIONS WITH OTHER HEADS OF COMMUNICATIONS AGENCIES SUCH AS THE ARMY COMMUNICATIONS COMMITTEE. THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT OFFICIAL" WITHIN THE MEANING OF THE STATUTE BECAUSE THE ROLE OF THE INDIVIDUAL IN THIS POSITION IS THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION OR RECOMMENDATIONS RATHER THAN ONE OF FORMULATING, DETERMINING OR INFLUENCING THE POLICIES OF THE ACTIVITY WITHIN THE MEANING OF THE STATUTE. THUS, THE RECORD INDICATES HE IS MERELY USED AS AN EXPERT IN PUBLIC AFFAIRS AND SPEECH WRITING AND THAT HIS ROLE DOES NOT EXTEND BEYOND THIS TO THE POINT OF ACTIVE PARTICIPATION IN THE ULTIMATE DETERMINATION AS TO WHAT A POLICY WILL BE. THUS, THE AUTHORITY CONCLUDES THAT JOB NUMBER 80-84, PUBLIC INFORMATION OFFICER, GS-1081-12, SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT. JOB NUMBER 78-511, AUDITOR, GS-501-13 THE INCUMBENT WORKS DIRECTLY FOR THE DEPUTY COMMANDER AND IS CHIEF OF THE INTERNAL REVIEW OFFICE, AND THE PRINCIPAL AUDITOR TO THE CG. HE PLANS, DEVELOPS AND CONDUCTS REGULARLY SCHEDULED OR SPECIAL AUDITS INCLUDING INTERNAL AND REGULATORY REVIEWS OF FINANCIAL MANAGEMENT, PROCUREMENT, LOGISTICAL AND OTHER RELATED OPERATING AND FUNCTIONAL MANAGEMENT RESPONSIBILITIES. THE DEPUTY COMMANDER ASSIGNS, THROUGH AGREEMENT WITH THE INCUMBENT, THE REVIEW OBJECTIVES FOR THE YEAR. THE INCUMBENT SUBMITS A LIST OF OBJECTIVES WHICH THE DEPUTY COMMANDER REVIEWS AND ADJUSTS AS TO PRIORITY. THE INCUMBENT ALSO REVIEWS CERTAIN INTERNAL PROCEDURES, AND MAKES RECOMMENDATIONS AS TO POLICY CHANGES. WHEN AN INSPECTOR GENERAL (IG) COMPLAINT IS FILED IN CSA, THE INCUMBENT EITHER RESPONDS IN THOSE AREAS OF HIS EXPERTISE OR COORDINATES A RESPONSE WITH OTHER EXPERTS IN THE ORGANIZATION. HE HAS TOTAL RESPONSIBILITY FOR IG REPORTS. IF HE DETERMINES, BASED ON HIS PROFESSIONAL JUDGMENT, THAT AN AUDIT IS NECESSARY IN A GIVEN AREA, FOR A GIVEN PROJECT, HE IS THE ONE, AFTER THE DEPUTY COMMANDER'S APPROVAL, WHO SETS UP THE PROCEDURES AND DECIDES WHEN THE AUDIT IS SATISFACTORY. THE AUTHORITY FINDS THIS POSITION IS THAT OF A "MANAGEMENT OFFICIAL" WITHIN THE MEANING OF SECTION 7103(A)(11) OF THE STATUTE AS THE INDIVIDUAL IN THIS POSITION TAKES AN ACTIVE ROLE IN INFLUENCING AND IN DETERMINING THE INTERNAL REVIEW OBJECTIVES OF THE ACTIVITY. THUS, THE ROLE OF THE INDIVIDUAL IN THIS POSITION EXTENDS BEYOND THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION OR RECOMMENDATIONS TO THE POINT OF ACTIVE PARTICIPATION IN THE ULTIMATE DETERMINATION AS TO WHAT THE POLICY IN FACT WILL BE. THEREFORE, THE AUTHORITY SHALL ORDER JOB NUMBER 78-511, AUDITOR, GS-501-13, BE EXCLUDED FROM THE EXCLUSIVELY RECOGNIZED UNIT. JOB NUMBER 79-16, PROJECT OFFICER, GS-301-14 THE PARTIES STIPULATED THAT THE INCUMBENT IN THIS POSITION IS A "MANAGEMENT OFFICIAL" WHO ACTS AS THE CHIEF MANAGEMENT NEGOTIATOR IN LABOR-MANAGEMENT NEGOTIATIONS. BASED ON THE PARTIES' STIPULATION, WHICH IS SUPPORTED BY THE RECORD, THE AUTHORITY FINDS THIS POSITION IS THAT OF A "MANAGEMENT OFFICIAL" WITHIN THE MEANING OF SECTION 7103(A)(11) OF THE STATUTE. THUS, THE AUTHORITY SHALL ORDER JOB NUMBER 79-16, PROJECT OFFICER, GS-301-14, BE EXCLUDED FROM THE EXCLUSIVELY RECOGNIZED UNIT. JOB NUMBER 79-78, PROGRAM ANALYST, GS-345-13 THE TWO INCUMBENTS IN THIS POSITION ARE SENIOR ANALYSTS IN THE PROGRAM BUDGET DIVISION OF THE COMPTROLLER'S OFFICE WHICH IS RESPONSIBLE FOR ALL THE APPROPRIATIONS THAT THE ACTIVITY RECEIVES. EACH OF THE INCUMBENTS IS RESPONSIBLE FOR A PORTION OF THE OVERALL PROGRAM. THE PROGRAM ANALYST WORKS WITH DPM'S AND MANAGEMENT ACTION OFFICERS, IN PLANNING PROGRAM OPERATIONS AND FINANCIAL MANAGEMENT. THIS FUNCTION INCLUDES PLANNING THE PROCEDURES AND THE EXECUTION OF THOSE PROGRAMS WITH THE DPM'S, AND DEVELOPING THE FORECAST OF HOW THE APPROPRIATED MONEY IS GOING TO BE USED SO THAT THE DEPARTMENT OF ARMY CAN RELEASE THE MONEY TO THE ACTIVITY. THE INCUMBENTS PLAN PROCEDURES FOR PROGRAMS WHICH THE DPM'S FOLLOW. THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT OFFICIAL," BUT RATHER THE ROLE OF THE INDIVIDUALS IN THIS POSITION IS THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION OR RECOMMENDATIONS. IN THIS REGARD, THE ROLE OF THE INCUMBENTS IS LIMITED TO PLANNING PROCEDURES FOR THE RELEASE OF APPROPRIATED MONEY AND DOES NOT EXTEND BEYOND THAT TO A POINT OF ACTIVE PARTICIPATION IN THE ULTIMATE DETERMINATION OF POLICY. THUS, THE AUTHORITY CONCLUDES THAT JOB NUMBER 79-78, PROGRAM ANALYST, GS-345-13, SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT. JOB NUMBER 71-898, FINANCIAL MANAGEMENT OFFICER, GS-501-13 THIS POSITION ALSO IS LOCATED IN THE COMPTROLLER'S OFFICE, AND THE INCUMBENT IS RESPONSIBLE FOR PREPARING THE OPERATION OF THE MAINTENANCE PROGRAMS. THIS JOB INVOLVES DEVELOPING CERTAIN ASPECTS OF THE ACTIVITY'S OFFICIAL BUDGET. THE INCUMBENT INSURES THAT THE ACTIVITY DOES NOT OVER-OBLIGATE ITSELF IN BUDGETARY AREAS OF HIS RESPONSIBILITY, AND HE COORDINATES BUDGET OBLIGATIONS WITH OTHER AGENCIES. WHEN THE INCUMBENT GOES TO A PROJECT SITE TO SOLVE A PROBLEM OR TO DEVELOP PROCEDURES RELATING TO CASH FLOW, HE IS THE COMPTROLLER'S REPRESENTATIVE AND HAS HIS AUTHORITY. ALL RECOMMENDATIONS THAT THE FINANCIAL MANAGEMENT OFFICER DEVELOPS ARE REVIEWED BY HIS DIVISION CHIEF. THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT OFFICIAL," BUT RATHER THE ROLE OF THE INDIVIDUAL IN THIS POSITION IS THAT OF A RESOURCE PROFESSIONAL. THE ROLE OF THE INCUMBENT IS LIMITED TO COORDINATING AND TROUBLESHOOTING THE ACTIVITY'S BUDGET OBLIGATIONS. THUS, THE AUTHORITY CONCLUDES THAT JOB NUMBER 71-898, FINANCIAL MANAGEMENT OFFICER, GS-501-13, SHOULD BE INCLUDED IN THE UNIT. JOB NUMBER 79-36, ELECTRONICS ENGINEER, GS-855-13 THIS POSITION IS LOCATED UNDER THE COMPTROLLER IN THE COST ANALYSIS OFFICE. THE INCUMBENT PROVIDES THE COST ANALYSIS OFFICE ENGINEERING EXPERTISE IN THE DEVELOPMENT OF VARIOUS COST STUDIES ASSIGNED. THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT OFFICIAL," AS IT DOES NOT APPEAR THAT THE INCUMBENT FORMULATES, DETERMINES OR INFLUENCES AGENCY POLICY WITHIN THE MEANING OF THE STATUTE, BUT RATHER, THE ROLE OF THE INDIVIDUAL IN THIS POSITION IS THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION OR RECOMMENDATIONS IN THE DEVELOPMENT OF COST STUDIES. THEREFORE, THE AUTHORITY CONCLUDES THAT JOB NUMBER 79-36, ELECTRONICS ENGINEER, GS-855-13, SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT. JOB NUMBER 76-968, COMMUNICATIONS MANAGEMENT SPECIALIST, GS-391-13 THE RECORD ESTABLISHES THAT THE INDIVIDUALS IN THIS POSITION SERVE AS PROJECT OFFICERS ON MAJOR DEFENSE COMMUNICATIONS ACQUISITION PROJECTS. THEIR JOB IS TO MANAGE AND OVERSEE A PROJECT FROM AN IMPLEMENTATION AND OPERATIONAL STANDPOINT. THE INCUMBENTS REVIEW ALL THE REQUIREMENTS OF A PROJECT AND CAN ALTER THOSE REQUIREMENTS FOR THE EFFICIENT EXECUTION OF THE PROJECT. A PROJECT OFFICER IS RESPONSIBLE FOR ACQUIRING EQUIPMENT AND VISITING THE PROJECT SITE TO INVESTIGATE AND COORDINATE ACTION IN PROBLEM AREAS WITH OTHER RESOURCE PEOPLE. HE WOULD HAVE THE AUTHORITY TO MAKE CERTAIN DECISIONS, BASED ON HIS ROLE AND THE PARTICULAR CIRCUMSTANCES, TO MEET THE TIME AND BUDGET REQUIREMENTS. THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT OFFICIAL" WITHIN THE MEANING OF THE STATUTE, AS IT DOES NOT REQUIRE INCUMBENTS TO FORMULATE, DETERMINE OR INFLUENCE AGENCY POLICY. RATHER, THE ROLE OF THE INDIVIDUALS IN THIS POSITION IS THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION OR RECOMMENDATIONS. IN THIS REGARD, THE INCUMBENTS MANAGE AND OVERSEE A PROJECT FROM AN IMPLEMENTATION AND OPERATIONAL STANDPOINT. THEY DO NOT SET OR ESTABLISH THE DIFFERENT REQUIREMENTS OF A PROJECT. THEY REVIEW THOSE REQUIREMENTS FROM A PROJECT MANAGEMENT STANDPOINT, AND ALTHOUGH THE INCUMBENTS HAVE THE AUTHORITY TO MAKE CERTAIN DECISIONS WITH REGARD TO A PROJECT, THOSE DECISIONS ARE LIMITED IN SCOPE AND DO NOT EXTEND THE ROLE OF THE INCUMBENTS TO THE POINT OF ACTIVE PARTICIPATION IN THE ULTIMATE DETERMINATION AS TO POLICY WITHIN THE MEANING OF THE STATUTE. THUS, THE AUTHORITY CONCLUDES THAT JOB NUMBER 76-968, COMMUNICATIONS MANAGEMENT SPECIALIST, GS-391-13, SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT. JOB NUMBER 75-507, GENERAL ENGINEER, GS-801-13 THIS POSITION IS LOCATED IN THE CONFIGURATION MANAGEMENT DIVISION OF THE PROCUREMENT AND PRODUCT CONTROL DIRECTORATE. THE INCUMBENT SERVES AS THE VALUE ENGINEERING PROGRAM MANAGER OF THE ACTIVITY, WHO OVERSEES AND MONITORS ALL IN-HOUSE AND CONTRACT PROGRAMS FOR COST CONSCIOUSNESS. THE INCUMBENT IS GUIDED BY REGULATIONS CONCERNING THE APPLICATION OF VALUE ENGINEERING PRINCIPLES. HOWEVER, HE CAN DEVIATE FROM THESE REGULATIONS BASED UPON SPECIFIC CIRCUMSTANCES AND HIS EXPERTISE. HE MAKES RECOMMENDATIONS FOR CHANGE BOTH IN TECHNICAL AREAS AND IN PHILOSOPHY OR MANAGEMENT APPLICATION WHICH WOULD OR COULD SAVE MONEY. THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT OFFICIAL," BUT RATHER THE ROLE OF THE INDIVIDUAL IN THIS POSITION IS THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION OR RECOMMENDATIONS. THE ROLE OF THE INCUMBENT IS TO PROVIDE VALUE ENGINEERING EXPERTISE TO THE ACTIVITY'S PROGRAMS AND MAKE RECOMMENDATIONS IN THAT REGARD. HE IS ONE OF MANY EXPERTS OR PROFESSIONALS RENDERING RESOURCE INFORMATION OR RECOMMENDATIONS ON AN ACTIVITY PROJECT, AND IT THUS DOES NOT APPEAR THAT THE INCUMBENT FORMULATES, DETERMINES OR INFLUENCES AGENCY POLICY WITHIN THE MEANING OF THE STATUTE. THEREFORE, THE AUTHORITY CONCLUDES THAT JOB NUMBER 75-507, GENERAL ENGINEER, GS-801-13, SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT. JOB NUMBER 79-67, GENERAL ENGINEER, GS-801-13 THE RECORD SHOWS THAT THIS POSITION IS LOCATED IN THE PRODUCT ASSURANCE DIVISION OF THE PROCUREMENT AND CONTROL DIRECTORATE. THE INDIVIDUAL IN THIS POSITION IS AN ENGINEER WHO ANALYZES AND OVERSEES THE PRODUCT ASSURANCE OF MATERIALS BOUGHT BY THE ACTIVITY. WHEN THE ACTIVITY IS DEVELOPING PROCUREMENT REQUIREMENT PACKAGES, THE INCUMBENT IS ASSIGNED TO PARTICIPATE IN THE DEVELOPMENT OF THE PACKAGE. HE HAS TO KNOW THE TECHNICAL REQUIREMENTS OF THE PRODUCTS, SERVICES OR SYSTEMS THE ACTIVITY IS BUYING. AFTER ANALYSIS, HE MAKES A PROFESSIONAL RECOMMENDATION TO THE DPM AS TO THE PRODUCT ASSURANCE REQUIREMENTS, TESTING ACCEPTANCE, AND OTHER TECHNICAL REQUIREMENTS. AFTER THE CONTRACT IS SIGNED AND UNDERWAY, THE INCUMBENT TRAVELS TO THE CONTRACTOR'S PLANT AND OBSERVES THE PRODUCT ASSURANCE ACTIVITIES THAT ARE GOING ON IN CONJUNCTION WITH OTHER PRODUCT ASSURANCE AND QUALITY ASSURANCE PERSONNEL, AND NOTES AND OBSERVES DEFICIENCIES OR PLACES WHERE CHANGES SHOULD BE MADE. WHEN HE OBSERVES DEFICIENCIES HE RECOMMENDS TO THE DPM CERTAIN ADDITIONS OR DELETIONS FROM THE ACQUISITION. HE HAS THE AUTHORITY, BASED ON HIS EXPERTISE, TO TAKE IMMEDIATE ACTION TO MAKE AN ON-THE-SPOT CURE. THOUGH GUIDED BY PRODUCT ASSURANCE STANDARDS, THE INCUMBENT HAS LATITUDE IN DEVIATING OR MODIFYING THOSE STANDARDS BASED ON THE CIRCUMSTANCES. THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT OFFICIAL," BUT RATHER THE ROLE OF THE INDIVIDUAL IN THIS POSITION IS THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION OR RECOMMENDATIONS. THUS, AS NOTED ABOVE, THE INCUMBENT IS THE ACTIVITY'S PRODUCT ASSURANCE EXPERT, AND ALTHOUGH HE HAS THE AUTHORITY, BASED ON THIS EXPERTISE, TO TAKE IMMEDIATE ACTION TO MAKE AN ON-THE-SPOT CURE OF A PROBLEM, THIS AUTHORITY DOES NOT EXTEND HIS ROLE TO THAT OF A "MANAGEMENT OFFICIAL" AS HE DOES NOT FORMULATE, DETERMINE OR INFLUENCE AGENCY POLICY WITHIN THE MEANING OF THE STATUTE. THEREFORE, THE AUTHORITY CONCLUDES THAT JOB NUMBER 79-67, GENERAL ENGINEER, GS-801-13, SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT. JOB NUMBER 79-47, GENERAL ENGINEER, GS-801-13 THIS POSITION IS LOCATED IN THE CONFIGURATION MANAGEMENT DIVISION OF THE PROCUREMENT AND PRODUCT CONTROL DIRECTORATE. THE INDIVIDUALS FILLING THIS POSITION CONTROL THE SPECIFICATIONS OF EQUIPMENT THE ACTIVITY BUYS TO ENSURE STANDARDIZATION AND INTERCHANGEABILITY. THE INCUMBENTS RECEIVE GUIDANCE FROM THE CHIEF OF THE DIVISION AND FROM CONFIGURATION MANAGEMENT REGULATIONS. FOR EACH PRODUCT THE ACTIVITY BUYS, OR EACH ACQUISITION IT RECEIVES, A CONFIGURATION MANAGEMENT PLAN IS PREPARED. THE INCUMBENTS ANALYZE THE ACQUISITION AND THEN DEVELOP A CONFIGURATION MANAGEMENT PLAN WHICH IS A BOOK THAT PEOPLE AROUND THE WORLD ARE TO FOLLOW WITH RESPECT TO THE MANAGEMENT CONTROL OF THAT PARTICULAR ACQUISITION. THAT BOOK IS MADE TO CONFORM WITH BROAD CONFIGURATION MANAGEMENT GUIDELINES WITHIN THE GSA REGULATIONS OF CONFIGURATION MANAGEMENT. HOWEVER, EACH ACQUISITION IS DIFFERENT AND THE CONFIGURATION MANAGEMENT PERSON FILLING THIS POSITION STRUCTURES THE PLAN AS HE SEES FIT, BASED ON THE SPECIFIC FACTUAL SITUATION. FURTHER, HE CONSTANTLY MONITORS THE PLAN TO SEE THAT PEOPLE ARE LIVING UP TO THE PLAN'S GOALS AND BRINGS TO MANAGEMENT'S ATTENTION ANY PROBLEMS. HE RECOMMENDS CHANGES TO CORRECT THESE PROBLEMS. THE AUTHORITY FINDS THIS POSITION NOT TO BE THAT OF A "MANAGEMENT OFFICIAL," BUT RATHER THE ROLE OF THE INDIVIDUALS IN THIS POSITION IS THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION OR RECOMMENDATIONS. IN THIS REGARD, THE INCUMBENTS' ROLE IS TO PROVIDE CONFIGURATION EXPERTISE TO PROJECTS BEING MANAGED BY THE ACTIVITY, BUT THEY DO NOT FORMULATE, DETERMINE OR INFLUENCE AGENCY POLICY WITHIN THE MEANING OF THE STATUTE. THUS, THE AUTHORITY CONCLUDES THAT JOB NUMBER 79-47, GENERAL ENGINEER, GS-801-13, SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT. JOB NUMBER 79-90, ELECTRONICS ENGINEER, GS-855-13 THE RECORD SHOWS THAT THE INCUMBENTS IN THIS POSITION ARE ACTION OFFICERS IN THE OFFICE OF THE DPM FOR RESEARCH AND DEVELOPMENT (R&D) SYSTEMS WITH RESPONSIBILITY FOR PLANNING, PROGRAMMING, ORGANIZING, DIRECTING AND EXECUTING ASSIGNED TASKS IN SUPPORT OF THE R&D MISSION. THE INCUMBENTS OPERATE UNDER BROAD ARMY AND DARCOM REGULATION AS THEY PERTAIN TO R&D. HOWEVER, THERE IS CONSIDERABLE DISCRETION WITHIN THESE REGULATIONS WITH REGARD TO CONTRACTING, PROGRAMMING AND PLANNING. THEY RECEIVE OVERALL REQUIREMENTS ON A PROJECT FROM THE DPM, AND THE DPM REVIEWS THE PROCEDURES USED BY THE ACTION OFFICERS TO MAKE SURE THEY ARE NOT ILLEGAL AND ARE BUDGETARILY SUFFICIENT. THE ACTION OFFICERS APPLY BOTH TECHNICAL AND ADMINISTRATIVE KNOWLEDGE AND EXPERTISE TO THE PROJECTS THEY OVERSEE AND HAVE TOTAL ORGANIZATIONAL RESPONSIBILITY OF THE PROJECT. THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT OFFICIAL," BUT RATHER THE ROLE OF THE INDIVIDUALS IN THIS POSITION IS THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION OR RECOMMENDATIONS. IN THIS REGARD, THE INCUMBENTS IN THIS POSITION ARE RESPONSIBLE FOR THE PLANNING, PROGRAMMING, ORGANIZING, DIRECTION AND EXECUTION OF ASSIGNED TASKS IN SUPPORT OF THE ACTIVITY'S R&D MISSION. THEY DO NOT DETERMINE WHAT THE R&D MISSION IS, NOR THE ASSIGNMENT OF TASKS. THEY ARE EXPERTS OR PROFESSIONALS APPLYING TECHNICAL AND ADMINISTRATIVE KNOWLEDGE AND EXPERTISE TO A PROJECT THEY OVERSEE AND HAVE ORGANIZATIONAL RESPONSIBILITY FOR THE PROJECT. THEIR ROLE IS LIMITED AS SUCH TO THE CIRCUMSTANCES OF A PARTICULAR PROJECT AND DOES NOT EXTEND TO THE POINT OF ACTIVE PARTICIPATION IN THE ULTIMATE DETERMINATION AS TO POLICY WITHIN THE MEANING OF THE STATUTE. THUS, THE AUTHORITY CONCLUDES THAT JOB NUMBER 79-90, ELECTRONICS, ENGINEER, GS-855-13, SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT. JOB NUMBER 74-363, TRAFFIC MANAGER, GS-2130-13 THE INCUMBENT IN THIS POSITION IS LOCATED UNDER THE DIRECTOR OF LOGISTICS, AND IS RESPONSIBLE FOR THE TRANSPORTATION AND TRAFFIC MANAGEMENT OF ITEMS THE ACTIVITY BUYS OR ACQUIRES. ALTHOUGH THE INCUMBENT CANNOT CHANGE ESTABLISHED DOD POLICY IN THIS REGARD, HE CAN, WITHIN THE LATITUDE OF THAT POLICY, DETERMINE THE BEST METHOD TO SHIP AN ITEM. THIS INDIVIDUAL IS THE ACTIVITY'S EXPERT IN THIS PARTICULAR AREA AND HIS RECOMMENDATIONS IN THESE MATTERS ARE USUALLY FOLLOWED. THE AUTHORITY FINDS THIS POSITION NOT TO BE THAT OF A "MANAGEMENT OFFICIAL," BUT RATHER THE ROLE OF THE INDIVIDUAL IN THIS POSITION IS THAT OF AN EXPERT OR PROFESSIONAL IN THE FIELD OF TRAFFIC MANAGEMENT RENDERING INFORMATION AND RECOMMENDATIONS IN THAT REGARD. HE IS A TECHNICIAN WHOSE ROLE DOES NOT EXTEND TO THE POINT OF ACTIVE PARTICIPATION IN THE ULTIMATE DETERMINATION AS TO WHAT A POLICY IN FACT WILL BE. THUS, THE AUTHORITY CONCLUDES THAT JOB NUMBER 74-363, TRAFFIC MANAGER, GS-2130-13, SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT. JOB NUMBER 78-512, AUDITOR, GS-510-12 THE INCUMBENT IN THIS POSITION WORKS UNDER THE GENERAL SUPERVISION OF THE CHIEF OF THE INTERNAL REVIEW OFFICE AND HANDLES FUNCTIONS AGREED UPON BY THE COMMANDER AND THE CHIEF OF THE INTERNAL REVIEW OFFICE. HE IMPLEMENTS POLICIES THAT HAVE BEEN ESTABLISHED BY THE ACTIVITY, AND MAKES RECOMMENDATIONS FOR POLICY CHANGES AND OTHER RECOMMENDATIONS AS A RESULT OF THE AUDITS HE PERFORMS. THE AUTHORITY FINDS THIS POSITION NOT TO BE THAT OF A "MANAGEMENT OFFICIAL," BUT RATHER THE ROLE OF THE INDIVIDUAL IN THIS POSITION IS THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION OR RECOMMENDATIONS. THUS, AS NOTED ABOVE, THE INCUMBENT IMPLEMENTS POLICIES THAT HAVE BEEN ESTABLISHED BY HIGHER MANAGEMENT AND MAKES RECOMMENDATIONS AS A RESULT OF AUDITS HE PERFORMS. HIS ROLE DOES NOT EXTEND TO THE POINT OF ACTIVE PARTICIPATION IN THE ULTIMATE DETERMINATION AS TO WHAT A POLICY WILL BE. THEREFORE, THE AUTHORITY FINDS THAT JOB NUMBER 78-512, AUDITOR, GS-510-12, SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT. CONFIDENTIAL EMPLOYEES SECTION 7103(A)(13) OF THE STATUE DEFINES A "CONFIDENTIAL EMPLOYEE" AS: . . . AN EMPLOYEE WHO ACTS IN A CONFIDENTIAL CAPACITY WITH RESPECT TO AN INDIVIDUAL WHO FORMULATES OR EFFECTUATES MANAGEMENT POLICIES IN THE FIELD OF LABOR-MANAGEMENT RELATIONS; THE ACTIVITY SEEKS TO EXCLUDE THE FOLLOWING POSITIONS FROM THE BARGAINING UNIT AS CONFIDENTIAL EMPLOYEES: JOB NUMBERS: 78-509, SECRETARY, GS-319-08; 75-295, SECRETARY, GS-318-07; AND 75-727, SECRETARY, GS-318-05 THE INCUMBENTS IN TEE ABOVE JOB POSITIONS ARE THE SECRETARIES FOR THE CG, DEPUTY COMMANDER, AND EXECUTIVE OFFICER (XO), RESPECTIVELY. EACH OF THESE OFFICIALS SPENDS APPROXIMATELY 5% OF HIS TIME INVOLVED IN LABOR RELATIONS MATTERS. THE XO IS RESPONSIBLE FOR EFFECTUATING THE POLICIES, PROCEDURES AND DICTATES OF THE CG AND DEPUTY COMMANDER. THE SECRETARIES INVOLVED DO ALL THE TYPING AND FILING FOR THESE INDIVIDUALS, INCLUDING ON MATTERS CONCERNING DISCIPLINARY ACTIONS, GRIEVANCES AND EMPLOYEE APPRAISALS. THEY ALSO SCREEN ALL CORRESPONDENCE RECEIVED BY THEIR SUPERIORS, AND ATTEND MANAGEMENT MEETINGS. THE AUTHORITY FINDS THESE POSITIONS ARE THOSE OF "CONFIDENTIAL EMPLOYEES" WITHIN THE MEANING OF SECTION 7103(A)(13) OF THE STATUTE. THE INDIVIDUALS IN JOB NUMBERS 78-509 AND 75-295 ARE THE PERSONAL SECRETARIES TO THE ACTIVITY'S POLICY FORMULATORS. THE INDIVIDUAL IN THE JOB NUMBER 75-727 IS THE PERSONAL SECRETARY TO THE INDIVIDUAL WHO IS RESPONSIBLE FOR EFFECTUATING THOSE POLICIES, PROCEDURES AND DICTATES. ALL THE INCUMBENTS SCREEN THEIR SUPERVISORS' CORRESPONDENCE AND CALLS AND ATTEND MANAGEMENT MEETINGS. THUS, THE RECORD ESTABLISHES THAT THEY EACH SERVE IN A CONFIDENTIAL CAPACITY WITH RESPECT TO AN INDIVIDUAL WHO FORMULATES OR EFFECTUATES MANAGEMENT POLICIES IN THE FIELD OF LABOR-MANAGEMENT RELATIONS AND IT IS HEREBY CONCLUDED THAT THE FOLLOWING POSITIONS SHALL BE EXCLUDED FROM THE EXCLUSIVELY RECOGNIZED UNIT: JOB NUMBER 78-509, SECRETARY, GS-319-08; JOB NUMBER 75-295, SECRETARY, GS-318-07; AND JOB NUMBER 75-727, SECRETARY, GS-318-05. JOB NUMBER 75-503, SECRETARY, GS-318-06 THE INCUMBENT IN THIS POSITION IS THE TECHNICAL DIRECTORS' SECRETARY. THE TECHNICAL DIRECTOR'S DUTIES AND RESPONSIBILITIES ARE SET OUT IN DETAIL ABOVE. HE IS THE ACTIVITY'S TOP TECHNICAL ADVISOR AND HEADS THE ACTIVITY'S CAREER MANAGEMENT PROGRAM. IN HIS LATTER ROLE, HE HAS ACCESS TO PERSONNEL RECORDS. THE TECHNICAL DIRECTOR'S OFFICE IS A ONE-MAN OPERATION, AND HIS SECRETARY ACTS AS HIS ADMINISTRATIVE ASSISTANT AS WELL AS BEING HIS SECRETARY. SHE ALSO DOES THE SECRETARIAL WORK FOR THE CHIEF OF THE MANAGEMENT NEGOTIATING TEAM WHO DOES NOT HAVE HIS OWN SECRETARY. THE INCUMBENT HAS ACCESS TO AND MAINTAINS BOTH THEIR FILES. THE AUTHORITY FINDS THIS POSITION TO BE THAT OF A "CONFIDENTIAL EMPLOYEE" WITHIN THE MEANING OF SECTION 7103(A)(13) OF THE STATUTE. THE INDIVIDUAL IN THIS POSITION PERFORMS ADMINISTRATIVE DUTIES AND THE SECRETARIAL WORK OF, AND ACTS IN A CONFIDENTIAL CAPACITY TO, THE PERSON WHO AS CHIEF MANAGEMENT NEGOTIATOR FORMULATES AND EFFECTUATES THE ACTIVITY'S MANAGEMENT POLICIES IN THE FIELD OF LABOR-MANAGEMENT RELATIONS. THUS, THE AUTHORITY CONCLUDES THE JOB NUMBER 75-503, SECRETARY, GS-318-06, SHALL BE EXCLUDED FROM THE EXCLUSIVELY RECOGNIZED UNIT. JOB NUMBERS: 78-152, SECRETARY, GS-318-06; 78-153, SECRETARY, GS-318-06; 78-151, SECRETARY, GS-318-06; AND 78-124, SECRETARY, GS-318-06 THE INCUMBENTS ARE THE SECRETARIES OF THE DEPUTY PROJECT MANAGERS (DPM'S). THE DPM'S ARE NOT THE POINT OF CONTACT WITH THE UNION AND ARE NOT INVOLVED IN NEGOTIATIONS. THE DPM'S ARE INVOLVED WITH LABOR-MANAGEMENT RELATIONS MATTERS ONLY IN RELATION TO THE OVER-ALL MISSION OF IMPLEMENTING THEIR PROJECTS. THIS ON OCCASION REQUIRES THE EMPLOYEES IMMEDIATELY AT ISSUE TO TYPE OR HAVE ACCESS TO MATERIALS RELATING TO DISCIPLINARY ACTIONS, GRIEVANCES, AND EMPLOYEE APPRAISALS. THE AUTHORITY FINDS THESE POSITIONS NOT TO BE THOSE OF "CONFIDENTIAL EMPLOYEES." THUS, ALTHOUGH THESE INDIVIDUALS OCCASIONALLY TYPE AND HAVE ACCESS TO MATERIALS RELATING TO DISCIPLINARY ACTIONS, GRIEVANCES, AND EMPLOYEE APPRAISALS, MERE ACCESS TO, AND TYPING OF SUCH MATERIALS DOES NOT WARRANT THE EXCLUSION OF AN EMPLOYEE FROM AN EXCLUSIVELY RECOGNIZED UNIT. RED RIVER ARMY DEPOT, TEXARKANA, TEXAS, 2 FLRA NO. 82. AS THE RECORD DOES NOT OTHERWISE ESTABLISH THAT THESE EMPLOYEES ACT IN A CONFIDENTIAL CAPACITY WITH RESPECT TO THE DPM'S WITHIN THE MEANING OF THE STATUTE, THE AUTHORITY CONCLUDES THAT THE FOLLOWING POSITIONS SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT: JOB NUMBER 78-152, SECRETARY, GS-318-06; JOB NUMBER 78-153, SECRETARY, GS-318-06; JOB NUMBER 78-151, SECRETARY, GS-318-06; AND JOB NUMBER 78-124, SECRETARY, GS-318-06. JOB NUMBER 71-783, CLERK-STENO, GS-312-5 THIS INDIVIDUAL IS THE SECRETARY TO THE DPM OF RESEARCH AND DEVELOPMENT. INTERMITTENTLY THE DPM IS INVOLVED IN MATTERS SUCH AS GRIEVANCES, EMPLOYEE APPRAISALS, AND DISCIPLINARY ACTIONS. LAST YEAR HE WAS INVOLVED IN TWO GRIEVANCES. HIS SECRETARY DOES ALL HIS TYPING AND MAINTAINS HIS FILES. THE AUTHORITY FINDS THIS POSITION NOT TO BE THAT OF A "CONFIDENTIAL EMPLOYEE." MERE ACCESS TO, AND TYPING OF EMPLOYEE PERSONNEL ACTIONS DOES NOT WARRANT THE EXCLUSION OF AN EMPLOYEE FROM AN EXCLUSIVELY RECOGNIZED UNIT, AND THE RECORD DOES NOT OTHERWISE INDICATE THAT THE INCUMBENT ACTS IN A CONFIDENTIAL CAPACITY TO THE DPM INVOLVED HEREIN. THUS, THE AUTHORITY FINDS JOB NUMBER 71-783, CLERK-STENO, GS-312-5, SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT. JOB NUMBERS: 77-1704, SECRETARY, GS-318-06; 71-501, SECRETARY, GS-318-06; AND 77-1127, SECRETARY, GS-318-06 THE INCUMBENTS IN THESE POSITIONS ARE THE SECRETARIES TO THE DIRECTOR OF LOGISTICS, THE DIRECTOR OF PROCUREMENT, AND THE COMPTROLLER, RESPECTIVELY. THE DIRECTORS AND THE COMPTROLLER HAVE A SUBSTANTIAL GROUP OF EMPLOYEES UNDER THEM. THEY ARE OCCASIONALLY INVOLVED WITH GRIEVANCES, EMPLOYEE APPRAISALS AND DISCIPLINARY PROBLEMS. NORMALLY THEY DO NOT HAVE CONTACT WITH THE UNION. THE DIRECTOR OF PROCUREMENT IS A MEMBER OF THE ACTIVITY'S MANAGEMENT NEGOTIATING TEAM, AND WHILE THE DIRECTOR OF LOGISTICS AND THE COMPTROLLER ARE NOT MEMBERS, THEY HAVE INDIVIDUALS UNDER THEM WHO ARE MEMBERS OF THAT TEAM. HOWEVER, MANAGEMENT'S PROPOSALS NORMALLY ARE PREPARED IN THE CHIEF NEGOTIATOR'S OFFICE, BY HIS SECRETARY. THERE HAVE NOT BEEN ANY LABOR-MANAGEMENT NEGOTIATIONS SINCE THE DIRECTOR OF PROCUREMENT HAS BEEN A MEMBER OF THE MANAGEMENT NEGOTIATING TEAM. THE AUTHORITY FINDS THE POSITIONS AT ISSUE NOT TO BE THOSE OF "CONFIDENTIAL EMPLOYEES." ALTHOUGH THE INDIVIDUALS IN THESE POSITIONS TYPE AND HAVE ACCESS TO MATERIAL OF A LABOR-MANAGEMENT NATURE, AS NOTED ABOVE, MERE ACCESS TO, AND TYPING OF OCCASIONAL LABOR-MANAGEMENT MATERIALS DOES NOT WARRANT THE EXCLUSION OF AN EMPLOYEE FROM AN EXCLUSIVELY RECOGNIZED UNIT. RED RIVER ARMY DEPOT, TEXARKANA, TEXAS, 2 FLRA NO. 82. WITH RESPECT TO THE SECRETARY OF THE DIRECTOR OF PROCUREMENT, WHO IS ON THE ACTIVITY'S LABOR-MANAGEMENT TEAM, THE EVIDENCE ESTABLISHES THE SECRETARY OF THE CHIEF NEGOTIATOR DOES TYPING NECESSARY TO THOSE FUNCTIONS, AND MAINTAINS THE TEAM'S FILES IN THAT REGARD. THUS, THE AUTHORITY CONCLUDES THAT THE FOLLOWING POSITIONS SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT: JOB NUMBER 77-1704, SECRETARY, GS-318-06; JOB NUMBER 71-501, SECRETARY, GS-318-06, AND JOB NUMBER 77-1127, SECRETARY, GS-318-06. JOB NUMBER 71-745, ADMINISTRATIVE CLERK, GS-301-06 THE INDIVIDUAL IN THIS POSITION WORKS UNDER THE EXECUTIVE OFFICER. THE INCUMBENT SERVICES AS THE CIVILIAN PERSONNEL COORDINATOR FOR THE ACTIVITY. AS THE COORDINATOR, THE INCUMBENT IS THE OFFICIAL CONTACT BETWEEN THE ACTIVITY AND THE SERVICING CIVILIAN PERSONNEL OFFICE. THE INCUMBENT IS PRIVY TO ALL PERSONNEL MANAGEMENT ACTIONS WHICH INCLUDE SOME LABOR RELATIONS ACTIONS IN THE AREA OF REDUCTIONS, REMOVALS, GRIEVANCES, TRANSFERS, LATERAL APPOINTMENT, PROMOTIONS AND AWARDS. SHE ALSO IS CALLED UPON TO RENDER ADVICE TO THE DEPUTY COMMANDER. SHE HAS ACCESS TO THE EXECUTIVE OFFICER'S FILES. THE AUTHORITY FINDS THIS POSITION IS THAT OF AN EMPLOYEE ENGAGED IN PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY. IN THIS REGARD, THE INCUMBENT SERVES AS THE CIVILIAN PERSONNEL COORDINATOR FOR THE ACTIVITY. IN THIS ROLE, SHE IS THE OFFICIAL CONTACT BETWEEN THE ACTIVITY AND THE SERVICING CIVILIAN PERSONNEL OFFICE AND PROVIDES ADVICE TO THE DEPUTY COMMANDER. THUS, PURSUANT TO SECTION 7112(B)(3) OF THE STATUTE, THE AUTHORITY SHALL ORDER THAT JOB NUMBER 77-745, ADMINISTRATIVE CLERK, GS-301-06, BE EXCLUDED FROM THE EXCLUSIVELY RECOGNIZED UNIT. DIRECTION OF ELECTION THE AUTHORITY FINDS THE FOLLOWING UNIT, AS STIPULATED BY THE PARTIES, TO BE APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION UNDER THE STATUTE: ALL PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES OF THE U.S. ARMY COMMUNICATIONS SYSTEMS AGENCY (U.S.A.C.S.A.) WITH DUTY STATION AT FORT MONMOUTH, NEW JERSEY, EXCLUDING ALL MANAGEMENT OFFICIALS, SUPERVISORS, EMPLOYEES DESCRIBED IN 5 U.S.C. 7112(B)(2), (3), (4), (6) AND (7) AND TEMPORARY EMPLOYEES WITH APPOINTMENTS OF 180 DAYS OR LESS. IT IS NOTED THAT THE UNIT FOUND APPROPRIATE INCLUDES PROFESSIONAL EMPLOYEES AND THAT THE AUTHORITY IS PROHIBITED BY SECTION 7112(B)(5) OF THE STATUTE FROM INCLUDING PROFESSIONAL EMPLOYEES IN THE UNIT WITH EMPLOYEES WHO ARE NOT PROFESSIONALS UNLESS A MAJORITY OF THE PROFESSIONAL EMPLOYEES VOTES FOR INCLUSION IN SUCH A UNIT. ACCORDINGLY, THE DESIRES OF THE PROFESSIONAL EMPLOYEES AS TO INCLUSION IN THE UNIT WITH NONPROFESSIONAL EMPLOYEES MUST BE ASCERTAINED. THE AUTHORITY, THEREFORE, DIRECTS SEPARATE ELECTIONS IN THE FOLLOWING GROUPS: VOTING GROUP (A): ALL PROFESSIONAL EMPLOYEES OF THE U.S. ARMY COMMUNICATIONS SYSTEMS AGENCY (U.S.A.C.S.A.) WITH DUTY STATION AT FORT MONMOUTH, NEW JERSEY, EXCLUDING ALL MANAGEMENT OFFICIALS, SUPERVISORS, EMPLOYEES DESCRIBED IN 5 U.S.C. 7112(B)(2), (3), (4), (6) AND (7) AND TEMPORARY EMPLOYEES WITH APPOINTMENTS OF 180 DAYS OR LESS. VOTING GROUP (B): ALL NONPROFESSIONAL EMPLOYEES OF THE U.S. ARMY COMMUNICATIONS SYSTEMS AGENCY (U.S.A.C.S.A.) WITH DUTY STATION AT FORT MONMOUTH, NEW JERSEY, EXCLUDING ALL MANAGEMENT OFFICIALS, SUPERVISORS, EMPLOYEES DESCRIBED IN 5 U.S.C. 7112(B)(2), (3), (4), (6) AND (7) AND TEMPORARY EMPLOYEES WITH APPOINTMENTS OF 180 DAYS OR LESS. THE EMPLOYEES IN THE NONPROFESSIONAL VOTING GROUP (B) WILL BE POLLED AS TO WHETHER OR NOT THEY DESIRE TO BE REPRESENTED BY THE AFGE, BY THE NFFE OR BY NEITHER. THE EMPLOYEES IN THE PROFESSIONAL VOTING GROUP (A) WILL BE ASKED TWO QUESTIONS ON THEIR BALLOTS: (1) WHETHER OR NOT THEY WISH TO BE INCLUDED WITH THE NONPROFESSIONAL EMPLOYEES FOR THE PURPOSE OF EXCLUSIVE RECOGNITION, AND (2) WHETHER OR NOT THEY WISH TO BE REPRESENTED FOR THE PURPOSE OF EXCLUSIVE RECOGNITION BY THE AFGE, BY THE NFFE OR BY NEITHER. IN THE EVENT THAT A MAJORITY OF THE VALID VOTES OF VOTING GROUP (A) IS CAST IN FAVOR OR INCLUSION IN THE SAME UNIT AS THE NONPROFESSIONAL EMPLOYEES, THE BALLOTS OF VOTING GROUP (A) SHALL BE COMBINED WITH THOSE OF VOTING GROUP (B). UNLESS A MAJORITY OF THE VOTES OF VOTING GROUP (A) IS CAST FOR INCLUSION IN THE SAME UNIT AS THE NONPROFESSIONAL EMPLOYEES, THEY WILL BE TAKEN TO HAVE INDICATED THEIR DESIRE TO CONSTITUTE A SEPARATE UNIT, AND AN APPROPRIATE CERTIFICATION WILL BE ISSUED INDICATING WHETHER THE AFGE, THE NFFE OR NEITHER WAS SELECTED BY THE PROFESSIONAL EMPLOYEES UNIT. THE UNIT DETERMINATION IN THE SUBJECT CASE THUS IS BASED IN PART UPON THE RESULTS OF THE ELECTION AMONG THE PROFESSIONAL EMPLOYEES. HOWEVER, THE AUTHORITY MAKES THE FOLLOWING FINDINGS IN REGARD TO THE APPROPRIATE UNIT: 1. IF A MAJORITY OF THE PROFESSIONAL EMPLOYEES VOTES FOR INCLUSION IN THE SAME UNIT AS THE NONPROFESSIONAL EMPLOYEES, THE AUTHORITY FINDS THAT THE FOLLOWING EMPLOYEES CONSTITUTE A UNIT APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION WITHIN THE MEANING OF SECTION 7112 OF THE STATUTE: ALL PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES OF THE U.S. ARMY COMMUNICATIONS SYSTEMS AGENCY (U.S.A.C.S.A.) WITH DUTY STATION AT FORT MONMOUTH, NEW JERSEY, EXCLUDING ALL MANAGEMENT OFFICIALS, SUPERVISORS, EMPLOYEES DESCRIBED IN 5 U.S.C. 7112(B)(2), (3), (4), (6) AND (7) AND TEMPORARY EMPLOYEES WITH APPOINTMENTS OF 180 DAYS OR LESS. 2. IF A MAJORITY OF THE PROFESSIONAL EMPLOYEES DOES NOT VOTE FOR INCLUSION IN THE SAME UNIT AS THE NONPROFESSIONAL EMPLOYEES, THE AUTHORITY FINDS THAT THE FOLLOWING TWO GROUPS OF EMPLOYEES CONSTITUTE SEPARATE UNITS APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION WITHIN TEE MEANING OF SECTION 7112 OF THE STATUTE: (A) ALL PROFESSIONAL EMPLOYEES OF THE U.S. ARMY COMMUNICATIONS SYSTEMS AGENCY (U.S.A.C.S.A.) WITH DUTY STATION AT FORT MONMOUTH, NEW JERSEY, EXCLUDING ALL MANAGEMENT OFFICIALS, SUPERVISORS, EMPLOYEES DESCRIBED IN 5 U.S.C. 7112(B)(2), (3), (4), (6) AND (7) AND TEMPORARY EMPLOYEES WITH APPOINTMENTS OF 180 DAYS OR LESS. (B) ALL NONPROFESSIONAL EMPLOYEES OF THE U.S. ARMY COMMUNICATIONS SYSTEMS AGENCY (U.S.A.C.S.A.) WITH DUTY STATION AT FORT MONMOUTH, NEW JERSEY, EXCLUDING ALL MANAGEMENT OFFICIALS, SUPERVISORS, EMPLOYEES DESCRIBED IN 5 U.S.C. 7112(B)(2), (3), (4), (6) AND (7) AND TEMPORARY EMPLOYEES WITH APPOINTMENTS OF 180 DAYS OR LESS. DIRECTION OF ELECTION ELECTIONS BY SECRET BALLOT SHALL BE CONDUCTED AMONG EMPLOYEES IN THE VOTING GROUPS DESCRIBED ABOVE, AS EARLY AS POSSIBLE, BUT NOT LATER THAN 60 DAYS FROM THE DATE BELOW. THE APPROPRIATE REGIONAL DIRECTOR SHALL SUPERVISE THE ELECTION, SUBJECT TO THE AUTHORITY'S RULES AND REGULATIONS. ELIGIBLE TO VOTE ARE THOSE IN THE VOTING GROUPS WHO WERE EMPLOYED DURING THE PAYROLL PERIOD IMMEDIATELY PRECEDING THE DATE BELOW, INCLUDING EMPLOYEES WHO DID NOT WORK DURING THAT PERIOD BECAUSE THEY WERE OUT ILL, OR ON VACATION OR ON FURLOUGH, INCLUDING THOSE IN THE MILITARY SERVICE WHO APPEAR IN PERSON AT THE POLLS. INELIGIBLE TO VOTE ARE EMPLOYEES WHO HAVE QUIT OR WERE DISCHARGED FOR CAUSE SINCE THE DESIGNATED PAYROLL PERIOD AND WHO HAVE NOT BEEN REHIRED OR REINSTATED BEFORE THE ELECTION DATE. THOSE ELIGIBLE SHALL VOTE WHETHER THEY DESIRE TO BE REPRESENTED FOR THE PURPOSE OF EXCLUSIVE RECOGNITION BY THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1904, AFL-CIO; BY THE NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 476; OR BY NEITHER. ISSUED, WASHINGTON, D.C., NOVEMBER 12, 1980 RONALD W. HAUGHTON, CHAIRMAN HENRY B. FRAZIER III, MEMBER LEON B. APPLEWHAITE, MEMBER FEDERAL LABOR RELATIONS AUTHORITY CERTIFICATE OF SERVICE COPIES OF THE DECISION AND DIRECTION OF ELECTION OF THE FEDERAL LABOR RELATIONS AUTHORITY IN THE SUBJECT PROCEEDING HAVE THIS DAY BEEN MAILED TO THE PARTIES LISTED: KEVIN M. GRILE, ESQ. STAFF COUNSEL AFGE, AFL-CIO 1325 MASS. AVE., N.W. WASHINGTON, D.C. 20005 JAMES R. ROSA, ESQ. GENERAL COUNSEL AFGE, AFL-CIO 1325 MASS. AVE., N.W. WASHINGTON, D.C. 20005 CAPTAIN GREGORY TAYLOR OFFICE OF THE STAFF JUDGE ADVOCATE US ARMY COMMUNICATIONS AND ELECTRONICS MATERIEL READINESS COMMAND DRSEL-LG-JAA FORT MONMOUTH, NEW JERSEY 07703 CATHERINE WAELDER, ESQ. ASSOCIATED GENERAL COUNSEL NATIONAL FEDERATION OF FEDERAL EMPLOYEES 1016 16TH STREET, N.W. WASHINGTON, D.C. 20036 MR. KENNETH BOYTER PRESIDENT, LOCAL 1904 AFGE, AFL-CIO P.O. BOX 231 EATONTOWN, NEW JERSEY 07724 MRS. ELOISE MANIFOLD CIVILIAN PERSONNEL OFFICER DEPARTMENT OF THE ARMY-CERCOM DRSEL-PT-MER FORT MONMOUTH, NEW JERSEY 07703 HERBERT CAHN, PRESIDENT NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 476 P.O. BOX 65 LITTLE RIVER, NEW JERSEY 07739 RONALD T. SMITH REGIONAL DIRECTOR ROOM 241, 26 FEDERAL PLAZA NEW YORK, N.Y. 10278