Department of Energy, Oak Ridge Operations, Oak Ridge, Tennessee (Activity) and National Association of Government Employees, Local R5-181 (Petitioner) and Office and Professional Employees International Union, AFL-CIO (Intervenor)
[ v04 p644 ]
04:0644(85)RO
The decision of the Authority follows:
4 FLRA No. 85
DEPARTMENT OF ENERGY,
OAK RIDGE OPERATIONS,
OAK RIDGE, TENNESSEE
Activity
and
NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R5-181
Petitioner
and
OFFICE AND PROFESSIONAL EMPLOYEES
INTERNATIONAL UNION, AFL-CIO
Intervenor
Case No. 4-RO-39
DECISION ON CHALLENGED BALLOTS
THE ADMINISTRATIVE LAW JUDGE, IN THE ABOVE-ENTITLED PROCEEDING,
ISSUED HIS DECISION RECOMMENDING THAT THE CHALLENGES TO THE BALLOTS OF
37 EMPLOYEES OF THE ACTIVITY BE SUSTAINED AND THEIR BALLOTS NOT BE
OPENED AND COUNTED, THAT THE CHALLENGES TO THE BALLOTS OF SEVEN OTHER
EMPLOYEES BE OVERRULED AND THAT THEIR BALLOTS BE OPENED AND COUNTED, AND
THAT THE PARTIES' STIPULATION REGARDING FOUR OTHER CHALLENGED BALLOTS BE
ADOPTED. NO EXCEPTIONS WERE FILED TO THE ADMINISTRATIVE LAW JUDGE'S
DECISION.
THEREFORE, PURSUANT TO SECTION 2422.20(I)(1) OF THE AUTHORITY'S RULES
AND REGULATIONS (5 CFR 2422.20) AND SECTION 7111 OF THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7101-7135), THE AUTHORITY
HAS REVIEWED THE RULINGS OF THE ADMINISTRATIVE LAW JUDGE MADE AT THE
HEARING AND FINDS THAT NO PREJUDICIAL ERROR WAS COMMITTED. THE RULINGS
ARE HEREBY AFFIRMED. UPON CONSIDERATION OF THE ADMINISTRATIVE LAW
JUDGE'S DECISION, AND THE ENTIRE RECORD IN THE SUBJECT CASE, AND NOTING
PARTICULARLY THE ABSENCE OF EXCEPTIONS, THE AUTHORITY HEREBY ADOPTS THE
ADMINISTRATIVE LAW JUDGE'S FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS.
DIRECTION TO OPEN AND COUNT BALLOTS
IT IS HEREBY DIRECTED THAT THE BALLOTS OF CONNIE S. BOWLIN, LILA FAY
GREEN, CHARLOTTE HAMBY, SHIRLEY H. HENSON, LINDA B. JENNINGS, BETTY J.
LARSON, MICKEY M. MOORE, BETTY N. STAIR, AND IVY GAIL YOUNG BE OPENED
AND COUNTED, ONLY IF THEY AFFECT THE ULTIMATE RESULTS OF THE ELECTION,
AT A TIME AND PLACE DETERMINED BY THE APPROPRIATE REGIONAL DIRECTOR.
THE REGIONAL DIRECTOR SHALL HAVE A REVISED TALLY OF BALLOTS SERVED ON
THE PARTIES, AND TAKE SUCH ADDITIONAL STEPS AS ARE REQUIRED BY THE
AUTHORITY'S RULES AND REGULATIONS.
ISSUED, WASHINGTON, D.C., NOVEMBER 12, 1980
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
CERTIFICATION OF SERVICE
COPIES OF THE DECISION ON CHALLENGED BALLOTS OF THE FEDERAL LABOR
RELATIONS AUTHORITY IN THE SUBJECT PROCEEDING HAVE THIS DAY BEEN MAILED
TO THE PARTIES LISTED BELOW:
MR. PHILLIP KANNAN
DEPARTMENT OF ENERGY
OAK RIDGE OPERATIONS
P.O. BOX E
OAK RIDGE, TENNESSEE 37830
MR. DANIEL L. HURD
NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES
LOCAL R5-181
2139 WISCONSIN AVENUE, N.W.
WASHINGTON, D.C. 20007
MR. JOSEPH E. FINLEY
OPEIU
57 BROOKSTONE DRIVE
PRINCETON, NEW JERSEY 08540
MR. SEYMOUR X. ALSHER
REGIONAL DIRECTOR
FEDERAL LABOR RELATIONS AUTHORITY
1776 PEACHTREE STREET, N.W.
SUITE 501, NORTH WING
ATLANTA, GEORGIA 30309
PHILLIP M. KANNAN, ESQUIRE
FOR THE ACTIVITY
DANIEL L. HURD
ROBBIN FULNER
FOR THE PETITIONER
JOSEPH E. FINLEY, ESQUIRE
FOR THE INTERVENOR
BEFORE: GARVIN LEE OLIVER
ADMINISTRATIVE LAW JUDGE
DECISION
THIS PROCEEDING AROSE PURSUANT TO THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE, 92 STAT. 1191, 5 U.S.C. 7101 ET SEQ.
(THE STATUTE) PURSUANT TO A NOTICE OF HEARING ON CHALLENGED BALLOTS
ISSUED BY THE REGIONAL DIRECTOR, FEDERAL LABOR RELATIONS AUTHORITY,
ATLANTA REGION.
THE ISSUES HEREIN CONCERN THE ELIGIBILITY TO VOTE OF 48 EMPLOYEES.
THEIR BALLOTS WERE CHALLENGED BY THE ACTIVITY AT AN ELECTION, CONDUCTED
UNDER THE SUPERVISION OF THE REGIONAL DIRECTOR, ATLANTA, GEORGIA, HELD
AMONG A UNIT OF THE ACTIVITY'S EMPLOYEES ON MARCH 4, 1980.
A HEARING WAS HELD IN THIS MATTER BEFORE THE UNDERSIGNED IN OAK
RIDGE, TENNESSEE. ALL PARTIES WERE REPRESENTED AND AFFORDED FULL
OPPORTUNITY TO BE HEARD, TO ADDUCE RELEVANT EVIDENCE, EXAMINE AND
CROSS-EXAMINE WITNESSES, AND FILE POST-HEARING BRIEFS. THE ACTIVITY AND
THE OFFICE AND PROFESSIONAL EMPLOYEES INTERNATIONAL UNION, AFL-CIO
(INTERVENOR) FILED EXCELLENT BRIEFS WHICH WERE OF GREAT ASSISTANCE IN MY
RESEARCH AND DELIBERATIONS.
BASED ON THE ENTIRE RECORD HEREIN, INCLUDING MY OBSERVATION OF THE
WITNESSES AND THEIR DEMEANOR, THE EXHIBITS, AND THE BRIEFS, I MAKE THE
FOLLOWING FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATIONS.
ANY PROPOSED FINDING INCONSISTENT WITH THE FOLLOWING HAS BEEN CAREFULLY
CONSIDERED AND IS HEREBY REJECTED.
FINDINGS OF FACT AND CONCLUSIONS
I. BACKGROUND
PURSUANT TO THE PROVISIONS OF AN AGREEMENT FOR CONSENT OR DIRECTED
ELECTION APPROVED ON FEBRUARY 5, 1980, AN ELECTION BY SECRET BALLOT WAS
CONDUCTED UNDER THE SUPERVISION OF THE REGIONAL DIRECTOR, ATLANTA,
GEORGIA, ON MARCH 4, 1980. THE UNIT IN THE AGREEMENT FOR CONSENT OR
DIRECTED ELECTION READS AS FOLLOWS:
ALL PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES OF THE DEPARTMENT OF
ENERGY'S OAK RIDGE
OPERATIONS AND TECHNICAL INFORMATION CENTER EXCLUDING EMPLOYEES
REPRESENTED BY OTHER LABOR
ORGANIZATIONS IN EXCLUSIVE UNITS; MANAGEMENT OFFICIALS;
SUPERVISORS; AND EMPLOYEES DESCRIBED
IN 5 USC 7112(B)(2), (3), (4), (6), AND (7).
THE RESULTS OF THE ELECTION AS SET FORTH IN THE TALLY OF BALLOTS FOR
PROFESSIONAL EMPLOYEES
ARE AS FOLLOWS:
APPROXIMATE NUMBER OF ELIGIBLE VOTERS . . . . . 180
VOID BALLOTS . . . . . 3
VOTES CAST FOR INCLUSION IN THE NONPROFESSIONAL UNIT . . . . . 89
VOTES CAST FOR A SEPARATE PROFESSIONAL UNIT . . . . . 47
VALID VOTES COUNTED . . . . . 136
CHALLENGED BALLOTS . . . . . 2
VALID VOTES COUNTED PLUS CHALLENGED BALLOTS . . . . . 138
THE TALLY OF BALLOTS FOR THE PROFESSIONAL AND NONPROFESSIONAL
EMPLOYEES SHOWS THE
FOLLOWING:
APPROXIMATE NUMBER OF ELIGIBLE VOTERS . . . . . 493
VOTES CASE FOR NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES (NAGE) .
. . . . 126
VOTES CAST FOR OFFICE AND PROFESSIONAL EMPLOYEES INTERNATIONAL UNION,
AFL-CIO . . . . . 190
VOTES CAST AGAINST EXCLUSIVE RECOGNITION . . . . . 83
VALID VOTES COUNTED . . . . . 399
CHALLENGED BALLOTS (INCLUDING THE TWO LISTED IN TALLY OF BALLOTS FOR
PROFESSIONAL
EMPLOYEES) . . . . . 48
VALID VOTES COUNTED PLUS CHALLENGED BALLOTS . . . . . 447
THE CHALLENGED BALLOTS ARE SUFFICIENT IN NUMBER TO AFFECT THE RESULTS
OF THE ELECTION.
THE PETITIONER AND INTERVENOR TAKE THE POSITION THAT ALL INDIVIDUALS
WHO CAST CHALLENGED
BALLOTS WERE ELIGIBLE TO PARTICIPATE IN THE ELECTION.
THE REGIONAL DIRECTOR ISSUED HIS REPORT AND FINDINGS ON CHALLENGED
BALLOTS ON MARCH 18, 1980. HE CONCLUDED THAT A RELEVANT QUESTION OF
FACT EXISTS CONCERNING THE CHALLENGED BALLOTS AND ACCORDINGLY ISSUED THE
NOTICE OF HEARING.
II. STIPULATION
DURING THE COURSE OF THE HEARING THE PARTIES STIPULATED THAT THE
CHALLENGES TO THE BALLOTS OF KATHY L. DARNELL, SECRETARY (STENOGRAPHY),
GS-318-5, AND MARJORIE M. WHALEY WOULD BE ACCEPTED, AND THUS SUSTAINED,
AND THAT THE CHALLENGES TO THE BALLOTS OF CHARLOTTE HAMBY, PAYROLL
TECHNICIAN, GS-544-6, AND LILA FAY GREENE WOULD BE DROPPED, AND THUS
OVERRULED. (TR. 11).
THE ACTIVITY ALSO CORRECTED THE GROUNDS FOR SOME OF ITS CHALLENGES AS
SET OUT MORE FULLY HEREINAFTER. (TR. 11-12).
III. THE CHALLENGES
THE FINDINGS AND CONCLUSIONS WILL BE DIVIDED INTO FOUR PARTS
ACCORDING TO THE BASES OF THE ACTIVITY'S CHALLENGES: CONFIDENTIAL
EMPLOYEES, SUPERVISORS, EMPLOYEES ENGAGED IN PERSONNEL WORK IN OTHER
THAN A PURELY CLERICAL CAPACITY, AND EMPLOYEES ENGAGED IN SECURITY WORK
WHICH DIRECTLY AFFECTS NATIONAL SECURITY.
A. CONFIDENTIAL EMPLOYEES
1. BACKGROUND
THE ACTIVITY CHALLENGED THE BALLOTS OF THE EMPLOYEES LISTED BELOW ON
THE BASIS THAT EACH IS A "CONFIDENTIAL EMPLOYEE" WITHIN THE MEANING OF
SECTION 7103(A)(13) OF THE STATUTE. THE ACTIVITY ASSERTS THAT EACH IS
EMPLOYED AS THE PRINCIPAL CLERICAL ASSISTANT OR SECRETARY TO THE HEAD OF
A DIVISION OR OFFICE AT OAK RIDGE OPERATIONS OFFICE OR OF A BRANCH CHIEF
AT THE TECHNICAL INFORMATION CENTER:
MARY S. BAGWELL, SECRETARY (STENOGRAPHY), GS-318-6
JOYCE J. BAKER, MAIL AND FILE CLERK (TYPING), GS-305-7
FONDA B. BARNES, SECRETARY (STENOGRAPHY), GS-318-6
SHERRIA T. BROWN, SECRETARY (STENOGRAPHY), GS-318-4
TRILLA F. COOPER, CLERK-STENOGRAPHER, GS-312-3
ARLENE M. CORONA, SECRETARY (STENOGRAPHY), GS-318-4
MARY ELAINE DUNCAN, CLERK-STENOGRAPHER, GS-312-4
LENORA H. FLEISCHMAN, SECRETARY (STENOGRAPHY), GS-318-6
JANE M. HARMAN, SECRETARY (STENOGRAPHY), GS-318-5
VIOLET ISON, SECRETARY (STENOGRAPHY), GS-318-5
JOANN LEACH, SECRETARY (STENOGRAPHY), GS-318-4
PEGGY W. MCCONNELL, SECRETARY (STENOGRAPHY), GS-318-6
JEANETTE S. MILLER, SECRETARY (STENOGRAPHY), GS-318-7
JUDITH H. OSBORNE, CLERK-STENOGRAPHER, GS-312-3
SUSAN G. OXENDINE, SECRETARY (STENOGRAPHY), GS-318-5
MELDA J. RAFFERTY, SECRETARY (STENOGRAPHY), GS-318-5
MARY C. RABY, SECRETARY (STENOGRAPHY), GS-318-5
ROBIN Q. SPRADLEN, SECRETARY (STENOGRAPHY), GS-318-5
MARY C. STEWART, SECRETARY (STENOGRAPHY), GS-318-6
NAOMI D. WAGNER, SECRETARY (STENOGRAPHY), GS-318-6
VERA WARREN, PRINTING CLERK (TYPING), GS-351-6
REBA M. WILKEY, SECRETARY (STENOGRAPHY), GS-318-6
OPAL F. WILSON, SECRETARY (STENOGRAPHY), GS-318-6
2. FINDINGS
OAK RIDGE OPERATIONS HAS 630 FEDERAL EMPLOYEES. IT IS HEADED BY A
MANAGER. BELOW THE MANAGER AND HIS ADMINISTRATIVE STAFF ARE SEVEN
DEPUTY OR ASSISTANT MANAGERS. THE SEVEN DEPUTY OR ASSISTANT MANAGERS
GENERALLY HAVE BETWEEN TWO TO FIVE DIVISIONS EACH UNDER THEM. THERE ARE
A TOTAL OF APPROXIMATELY 29 DIVISIONS, EACH OF WHICH IS HEADED BY A
DIVISION DIRECTOR. THE DIVISION DIRECTOR IS AT THE THIRD LEVEL OF
MANAGEMENT. (TR. 19, 27; ACTIVITY EX. 3).
THE TECHNICAL INFORMATION CENTER HAS 245 EMPLOYEES AND ANOTHER 20
STUDENT AIDES. IT IS HEADED BY A MANGER. BELOW THE MANAGER AND HIS
ADMINISTRATIVE STAFF ARE THREE ASSISTANT MANAGERS. THE THREE ASSISTANT
MANAGERS EACH HAVE BETWEEN TWO TO FOUR BRANCHES UNDER THEM. THERE ARE A
TOTAL OF NINE BRANCHES, EACH OF WHICH IS HEADED BY A BRANCH CHIEF. THE
BRANCH CHIEF IS ALSO AT THE THIRD LEVEL OF MANAGEMENT. THE BRANCHES ARE
FURTHER ORGANIZED INTO SECTIONS. (TR. 70; ACTIVITY EX. 9B).
DIVISION DIRECTORS AND BRANCH CHIEFS HAVE BEEN DELEGATED CERTAIN
AUTHORITIES AND RESPONSIBILITIES TO BE CARRIED OUT FOR ALL EMPLOYEES
THEY SUPERVISE. THESE INCLUDE THE AUTHORITY TO:
1. WITH THE CONCURRENCE OF THE DIRECTOR, ORGANIZATION AND PERSONNEL
DIVISION,
A. SELECT EMPLOYEES FOR APPOINTMENT, REASSIGNMENT, TRANSFER
PROMOTION, AND OTHER PLACEMENT
ACTIONS UP TO AND INCLUDING GS-13, AND RECOMMEND SUCH ACTIONS FOR
GS-14 AND GS-15
POSITIONS; /1/
B. APPROVE DEVIATIONS FROM ESTABLISHED HOURS OF WORK;
C. RECOMMEND QUALITY INCREASES FOR GS-1 THROUGH -15 EMPLOYEES;
D. MAKE DETERMINATIONS CONCERNING LESS SEVERE ADVERSE ACTIONS, SUCH
AS REPRIMANDS AND
SUSPENSIONS FROM ONE TO 20 DAYS;
2. RECOMMEND ACTION CONCERNING THE MORE SEVERE ADVERSE ACTIONS, SUCH
AS DISCHARGE,
3. RESOLVE INFORMAL GRIEVANCES AND PROCESS FORMAL GRIEVANCES UNDER
THE AGENCY GRIEVANCE
PROCEDURE, /2/
4. DETERMINE POSITION MANAGEMENT ISSUES, INCLUDING ORGANIZATION OF
THE WORK UNIT,
ESTABLISHMENT AND ABOLITION OF POSITIONS, SPECIFIC FUNCTIONS TO BE
PERFORMED BY EACH POSITION,
RATING PANELS, AND TRAINING AND EMPLOYEE DEVELOPMENT MATTERS,
5. AUTHORIZE OVERTIME PAY AND NON-OVERTIME PREMIUM PAY. (ACTIVITY
EX 7; JOINT
EX. 1; TR. 37-43, 89-90.) DIVISION DIRECTORS AND BRANCH CHIEFS HAVE
EXERCISED THE AUTHORITY DELEGATED TO THEM. (JOINT EX. 1).
THE SECRETARIES OF THE DIVISION DIRECTORS AND SECTION CHIEFS (LISTED
ABOVE) ARE INVOLVED IN SUCH MATTERS ON A REGULAR BASIS BY THE CLERICAL
PREPARATION OF FORMAL ACTION REQUESTS AND BACKUP MATERIAL. THEY ARE
EXPECTED TO KEEP THESE MATTERS IN CONFIDENCE AND NOT DIVULGE THEIR
KNOWLEDGE OF SUCH ACTION TO OTHERS. (JOINT EX. 1).
DIVISION DIRECTORS AT OAK RIDGE OPERATIONS AND BRANCH CHIEFS AT THE
TECHNICAL INFORMATION CENTER WILL BE INVOLVED IN ESTABLISHING
PERFORMANCE STANDARDS FOR EMPLOYEES AND EVALUATING EMPLOYEES'
PERFORMANCE UNDER THOSE STANDARDS. (TR. 42-43; 89-90). IN ADDITION,
IF AN ACTIVITY-WIDE BARGAINING UNIT SHOULD BE CERTIFIED, THEIR
RESPONSIBILITIES WILL INCLUDE THE PROCESSING OF GRIEVANCES UNDER ANY
NEGOTIATED GRIEVANCE PROCEDURE AND PARTICIPATION IN THE FORMULATION OF
MANAGEMENT BARGAINING PROPOSALS AND THE ANALYSIS OF UNION PROPOSALS.
(TR. 41-42).
3. CONCLUSIONS CONCERNING CONFIDENTIAL EMPLOYEES,
SECTION 7112(B)(2) OF THE STATUTE PROVIDES THAT A UNIT WILL NOT BE
APPROPRIATE FOR LABOR ORGANIZATION REPRESENTATION IF IT INCLUDES A
CONFIDENTIAL EMPLOYEE. SECTION 7103(A)(13) OF THE STATUTE DEFINES A
"CONFIDENTIAL EMPLOYEE" AS ONE "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 ISSUES
PRESENTED ARE WHETHER THE DIVISION DIRECTORS AND BRANCH CHIEFS FORMULATE
OR EFFECTUATE MANAGEMENT POLICIES IN THE FIELD OF LABOR-MANAGEMENT
RELATIONS, AND, IF SO, WHETHER THE EMPLOYEES IN DISPUTE ACT IN A
CONFIDENTIAL CAPACITY TO SUCH OFFICIALS WHEN THEY ARE PERFORMING DUTIES
IN THE FIELD OF LABOR-MANAGEMENT RELATIONS.
THE DIVISION DIRECTORS AND BRANCH CHIEFS HAVE BROAD GENERAL
RESPONSIBILITIES IN SUCH AREAS AS GRIEVANCE PROCESSING, HIRING,
PERFORMANCE APPRAISALS, AWARDS, DISCIPLINARY ACTIONS, PROMOTIONS, AND
TRAINING. THUS, I CONCLUDE THAT THEY EFFECTUATE MANAGEMENT POLICIES IN
THE FIELD OF LABOR-MANAGEMENT RELATIONS, WITHIN THE MEANING OF SECTION
7103(A)(13) OF THE STATUTE.
THE SECRETARIES OF THE DIVISION DIRECTORS AND BRANCH CHIEFS ARE
INVOLVED IN GRIEVANCE PROCESSING AND SIGNIFICANT PERSONNEL ACTIONS ON A
REGULAR BASIS BY THE CLERICAL PREPARATION OF FORMAL ACTION REQUESTS AND
BACKUP MATERIAL. THEY ARE EXPECTED TO KEEP THEIR ADVANCE KNOWLEDGE OF
SUCH MATTERS IN CONFIDENCE AND NOT DIVULGE THIS INFORMATION TO OTHERS
PRIOR TO FORMAL ACTION BEING TAKEN. THUS, I CONCLUDE THAT EACH OF THE
DISPUTED EMPLOYEES ACTS IN A CONFIDENTIAL CAPACITY TO A DIVISION
DIRECTOR-- OR BRANCH CHIEF-- WHEN THE DIVISION DIRECTOR OR BRANCH CHIEF
IS PERFORMING DUTIES IN THE FIELD OF LABOR-MANAGEMENT RELATIONS AND THAT
EACH OF THE EMPLOYEES IN DISPUTE IS A CONFIDENTIAL EMPLOYEE WITHIN THE
MEANING OF THE STATUTE.
B. SUPERVISORY EMPLOYEES
1. BACKGROUND
THE ACTIVITY CHALLENGED THE BALLOTS OF PAULINE M. HORNE, BOB G.
JOHNSON, MARTHA A. LYLE, AND KATHRYN A. WALTER ON THE BASIS THAT EACH IS
A SUPERVISOR WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE STATUTE.
SECTION 7103(A)(10) DEFINES SUPERVISOR AS FOLLOWS:
"SUPERVISOR" MEANS AN INDIVIDUAL EMPLOYED BY AN AGENCY HAVING
AUTHORITY IN THE INTEREST OF
THE AGENCY TO HIRE, DIRECT, ASSIGN, PROMOTE, REWARD, TRANSFER,
FURLOUGH, LAYOFF, RECALL,
SUSPEND, DISCIPLINE, OR REMOVE EMPLOYEES, TO ADJUST THEIR GRIEVANCES,
OR TO EFFECTIVELY
RECOMMEND SUCH ACTION, IF THE EXERCISE OF THE AUTHORITY IS NOT MERELY
ROUTINE OR CLERICAL IN
NATURE BUT REQUIRES THE CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT,
EXCEPT THAT, WITH RESPECT
TO ANY UNIT WHICH INCLUDES FIREFIGHTERS OR NURSES, THE TERM
"SUPERVISOR" INCLUDES ONLY THOSE
INDIVIDUALS WHO DEVOTE A PREPONDERANCE OF THEIR EMPLOYMENT TIME TO
EXERCISING SUCH AUTHORITY;"
WHEN ASSESSING AN INDIVIDUAL'S PERFORMANCE IN REGARD TO TASKS
INDICATING SUPERVISORY AUTHORITY, THE EVIDENCE MUST ESTABLISH THE
EXERCISE BY THE EMPLOYEE OF INDEPENDENT JUDGMENT, AND IT MUST ESTABLISH
THAT INDEPENDENT JUDGEMENT IS A CONSISTENT FEATURE OF THE EMPLOYEE'S
PERFORMANCE OF SUCH TASKS. ARMY AND AIR FORCE EXCHANGE SERVICE, BASE
EXCHANGE, FORT CARSON, FORT CARSON, COLORADO, CASE NO. 7-CU-10, 3 FLRA
NO. 95 (1980).
2. FINDINGS
PAULINE M. HORNE, ADMINISTRATIVE OFFICER, GS-341-11
PAULINE M. HORNE IS AN ADMINISTRATIVE OFFICER, GS-11. SHE IS
RESPONSIBLE TO THE ASSISTANT MANAGER FOR CONSTRUCTION AND ENGINEERING.
SHE HAS NUMEROUS DUTIES RELATING TO CONTRACT ADMINISTRATION, BUDGET,
PERSONNEL, MANAGEMENT ANALYSIS, PROPERTY, TRAVEL, AND OFFICE SERVICES.
SHE SPENDS 75 PER CENT OF HER TIME ON HER OWN WORK. SHE HAS TWO FILE
CLERKS REPORTING TO HER AND SPENDS 25 PER CENT OF HER TIME DIRECTING AND
EVALUATING THEIR WORK. SHE RECENTLY INTERVIEWED APPLICANTS FOR THE
POSITION OF FILE CLERK AND EFFECTIVELY RECOMMENDED THE HIRING OF ONE
APPLICANT FOR THE POSITION. SHE ASSIGNS WORK, REVIEWS WORK
ACCOMPLISHMENTS, EVALUATES PERFORMANCE, COUNSELS THE EMPLOYEES, AND
MAKES EFFECTIVE RECOMMENDATIONS FOR PROMOTIONS AND DISCIPLINARY ACTION.
BASED ON THE FOREGOING, AND THE EVIDENCE OF THE CONSISTENT EXERCISE
OF INDEPENDENT JUDGEMENT, I FIND THAT THE EMPLOYEE IS A SUPERVISOR
WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE STATUTE.
BOB G. JOHNSON, SUPERVISORY LIBRARY TECHNICIAN, GS-1411-7
BOB G. JOHNSON IS CLASSIFIED AS A SUPERVISORY LIBRARY TECHNICIAN,
GS-7. HE IS IN CHARGE OF THE SECOND SHIFT FROM APPROXIMATELY 2:30 P.M.
TO 11 P.M. IN THE DESCRIPTIVE CATALOGING SECTION OF THE TECHNICAL
INFORMATION CENTER. HE REPORTS DIRECTLY TO THE SECTION CHIEF, WHO IS IN
CHARGE OF THE FIRST SHIFT UNTIL 3:30 P.M. JOHNSON IS RESPONSIBLE FOR
COMPLETION OF WORK ASSIGNED TO THE SECOND SHIFT. HE CONSISTENTLY
ASSIGNS AND DIRECTS THE WORK OF FROM 4 TO 6 LOWER GRADED EMPLOYEES. HE
DETERMINES WHO WILL PERFORM THE WORK, BASED UPON HIS EVALUATION OF THE
NATURE OF THE JOB AND THE EXPERTISE OF THE EMPLOYEES. HE ALSO
PARTICIPATES IN THE TRAINING OF THE EMPLOYEES.
JOHNSON IS EXPECTED TO RESOLVE MINOR PERSONNEL PROBLEMS, BUT DOES NOT
PROCESS FORMAL GRIEVANCES. HE REPORTS ON EMPLOYEE PERFORMANCE AND
DISCIPLINARY PROBLEMS TO THE SECTION CHIEF AND BRANCH CHIEF AND
PARTICIPATES IN DISCUSSIONS CONCERNING POSSIBLE ACTION. WHILE HIS VIEWS
ARE GIVEN WEIGHT, SUCH MATTERS ARE USUALLY INVESTIGATED INDEPENDENTLY BY
THE BRANCH CHIEF BEFORE FORMAL ACTION IS TAKEN.
AS THE RECORD ESTABLISHES THAT JOHNSON CONSISTENTLY EXERCISES
INDEPENDENT JUDGMENT IN EXERCISING THE AUTHORITY TO DIRECT AND ASSIGN
WORK, I FIND THAT HE IS A SUPERVISOR AS DEFINED BY SECTION 7103(A)(10)
OF THE STATUTE.
MARTHA A. LYLE, SUPERVISORY LEGAL TECHNICIAN, GS-986-08
INCUMBENT REPORTS TO THE CHIEF COUNSEL AND HAS SIX LOWER GRADED
EMPLOYEES REPORTING TO HER. SHE OVERSEES THE WORK OF THESE EMPLOYEES IN
THE WORD PROCESSING CENTER, LIBRARY, AND MAIL AND FILE ROOM, AND WORKS
INDEPENDENTLY ON CONTRACT DOCUMENTS, BUDGET, AND GENERAL ADMINISTRATIVE
SERVICES FOR THE OFFICE OF CHIEF COUNSEL.
INCUMBENT ASSIGNS AND REASSIGNS WORK BASED ON A CONSIDERATION OF
RESOURCES. SHE CAN SHIFT PERSONNEL FROM ONE TYPE OF OFFICE OPERATION TO
ANOTHER. THE NORMAL DAY-TO-DAY OPERATIONS ARE STANDARDIZED AND ROUTINE;
HOWEVER, SHE BECOMES INVOLVED WHEN PROBLEMS ARISE, ANSWERS QUESTIONS OF
EMPLOYEES, AND MAKES ASSIGNMENTS TO CORRECT DEFICIENCIES BASED ON
GENERAL POLICIES AND COMMITMENTS SET BY THE CHIEF COUNSEL. SHE APPROVES
LEAVE, EVALUATES THE EMPLOYEES REPORTING TO HER, AND EFFECTIVELY
RECOMMENDS FOR APPROVAL BY THE CHIEF COUNSEL THE SELECTION, PROMOTION,
OR DISCIPLINING OF EMPLOYEES. SHE HAS ISSUED REPRIMANDS.
BASED ON THE FOREGOING, AND THE EVIDENCE OF THE CONSISTENT EXERCISE
OF INDEPENDENT JUDGMENT IN DIRECTING, ASSIGNING, AND EFFECTIVELY
RECOMMENDING THE HIRING, PROMOTION, AND DISCIPLINING OF EMPLOYEES, I
CONCLUDE THAT MARTHA A. LYLE IS A SUPERVISOR AS DEFINED IN THE STATUTE.
KATHRYN A. WALTER, CLASSIFICATION OFFICER, GS-1301-13
AS A CLASSIFICATION OFFICER, KATHRYN A. WALTER'S PRIMARY DUTIES
INVOLVE PROVIDING SECURITY CLASSIFICATION AND DECLASSIFICATION GUIDANCE
FOR ALL OAK RIDGE OPERATIONS UNITS AND CONTRACTORS. SHE REPORTS TO THE
ASSISTANT MANAGER FOR MANUFACTURING AND SUPPORT AND HAS ONE SUBORDINATE
CLASSIFICATION SPECIALIST AND A SECRETARY REPORTING TO HER.
SHE SELECTED THE CLASSIFICATION SPECIALIST, EFFECTIVELY RECOMMENDED
THE SECRETARY FOR PROMOTION, ASSIGNS WORK TO THE TWO EMPLOYEES, AND
ATTENDS SUPERVISORY MEETINGS CALLED BY THE ASSISTANT MANAGER.
BASED ON THE FOREGOING, I CONCLUDE THAT KATHRYN A WALTER IS A
SUPERVISOR WITHIN THE MEANING OF THE STATUTE.
C. EMPLOYEES PERFORMING PERSONNEL WORK
THE ACTIVITY CHALLENGED THE BALLOTS OF MICKEY M. MOORE AND PATRICIA
SMITH /3/ ON THE GROUNDS THAT BOTH ARE "ENGAGED IN PERSONNEL WORK IN
OTHER THAN A PURELY CLERICAL CAPACITY" AND ARE EXCLUDED UNDER SECTION
7112(B)(3) OF THE STATUTE.
MS. MOORE IS THE CURRENT PART-TIME FEDERAL WOMENS' PROGRAM MANAGER
(FWPM). SHE HAS SERVED IN THIS POSITION SINCE AUGUST 1979. MS. SMITH
IS THE CURRENT PART-TIME ASSISTANT FWPM. AFTER AN INITIAL 18 MONTH
PERIOD AS ASSISTANT, SHE WILL BECOME THE FWPM, REPLACING MS. MOORE.
BOTH EMPLOYEES WERE SELECTED FOR THE POSITIONS UNDER MERIT SELECTION
PROCEDURES. DUTIES ARE OF THE SAME TYPE FOR BOTH POSITIONS. THESE
DUTIES ARE PERFORMED IN ADDITION TO THE EMPLOYEES' REGULARLY ASSIGNED
DUTIES AND OCCUPY APPROXIMATELY 20% OF THEIR TIME.
THE JANUARY 1974 CIVIL SERVICE COMMISSION PUBLICATION, "GUIDELINES
FOR FEDERAL WOMEN'S PROGRAM COORDINATORS," REFLECTS THE PURPOSE OF THE
DESIGNATION OF FEDERAL WOMEN'S PROGRAM COORDINATOR:
CIVIL SERVICE COMMISSION REGULATIONS IMPLEMENTING PUBLIC LAW 92-261,
THE EQUAL EMPLOYMENT
OPPORTUNITY ACT, REQUIRE THAT FEDERAL AGENCIES DESIGNATE A FEDERAL
WOMEN'S PROGRAM COORDINATOR
TO ADVISE THE DIRECTOR OF EEO ON MATTERS AFFECTING THE EMPLOYMENT AND
ADVANCEMENT OF WOMEN AND
TO ASSURE THAT NECESSARY SPECIFIC ACTIONS ARE TAKEN REGARDING EQUAL
OPPORTUNITY FOR
WOMEN. THE DESIGNATION OF AN FWP COORDINATOR IN NO WAY DIMINISHES
THE OVERALL RESPONSIBILITY
OF THE DIRECTOR OF EEO FOR AFFIRMATIVE ACTION FOR EQUAL OPPORTUNITY
FOR ALL PERSONS, OR THE
AFFIRMATIVE ACTION FOR EQUAL OPPORTUNITY FOR ALL PERSONS, OR THE
AGENCY HEAD'S RESPONSIBILITY
FOR THE TOTAL INTEGRATION OF EQUAL OPPORTUNITY INTO ALL FACETS OF
PERSONNEL
MANAGEMENT. RATHER, THE DESIGNATION OF A FWP COORDINATOR PROVIDES A
VITAL RESOURCE TO ASSIST
IN IDENTIFYING PROBLEM AREAS IMPEDING THE SELECTION AND ADVANCEMENT
OF WOMEN IN A PARTICULAR
AGENCY AS WELL AS WAYS AND MEANS OF OVERCOMING THESE BARRIERS. THE
PERSON SO DESIGNATED
SHOULD HAVE EMPATHY FOR AND UNDERSTANDING OF THE SPECIAL CONCERNS OF
WOMEN IN THE EMPLOYMENT
SITUATION AND BE ABLE TO COMMUNICATE EFFECTIVELY WITH TOP MANAGEMENT
OFFICIALS, COMMUNITY
REPRESENTATIVES, EMPLOYEE GROUPS AND ORGANIZATIONS, AND MALE AND
FEMALE EMPLOYEES OF THE
FEDERAL WORK FORCE. THE CIVIL SERVICE COMMISSION'S QUALIFICATIONS
STANDARDS FOR THE EQUAL
EMPLOYMENT OPPORTUNITY SERIES (GS-160) INCLUDE THE REQUIREMENTS FOR
BOTH FULL-TIME AND
PART-TIME FWP COORDINATORS. (ACTIVITY EX. 14A, P. 2).
IT IS NOTED THAT THE DESIGNATION OF A FWP COORDINATOR "IN NO WAY
DIMINISHES THE OVERALL RESPONSIBILITY OF THE DIRECTOR OF EEO FOR
AFFIRMATIVE ACTION FOR EQUAL OPPORTUNITY FOR ALL PERSONS, OR THE AGENCY
HEAD'S RESPONSIBILITY FOR THE TOTAL INTEGRATION OF EQUAL OPPORTUNITY
INTO ALL FACETS OF PERSONNEL MANAGEMENT. RATHER, THE DESIGNATION OF A
FWP COORDINATOR PROVIDES A VITAL RESOURCE TO ASSIST IN IDENTIFYING
PROBLEM AREAS IMPEDING THE SELECTION AND ADVANCEMENT OF WOMEN IN A
PARTICULAR AGENCY AS WELL AS WAYS AND MEANS OF OVERCOMING THESE
BARRIERS." AS ONE PART OF THE DUTY TO "IDENTIFY PROBLEM AREAS . . . AS
WELL AS WAYS AND MEANS OF OVERCOMING THESE BARRIERS," THE FWP
COORDINATOR IS DESIGNATED TO RECEIVE SEX DISCRIMINATION COMPLAINTS FOR
FORWARDING TO THE DIRECTOR OF EEO FOR PROCESSING UNDER CONTROLLING
REGULATIONS. THE FWPC MONITORS THE NUMBER, TYPE, AND SOURCE OF THE
COMPLAINTS, BUT DOES NOT BECOME INVOLVED IN THE ADJUDICATION PROCESS, OR
SERVE AS A REPRESENTATIVE OF EITHER THE COMPLAINANT OR THE AGENCY IN
INDIVIDUAL CASES. (ACTIVITY EX. 14 A, P.10).
THE PARTICULAR JOB DESCRIPTION OF THE FWPM AND ASSISTANT FWPM IN
QUESTION ALSO REFLECT THEIR PRINCIPLE ROLE IN IDENTIFYING FOR MANAGEMENT
PROBLEM AREAS IMPEDING THE SELECTION AND ADVANCEMENT OF WOMEN AND
POSSIBLE WAYS AND MEANS OF OVERCOMING THESE BARRIERS. THUS, THE FWPM
ANALYZES WORKFORCE COMPOSITION TO IDENTIFY AREAS OF UNDERREPRESENTATION
FOR CORRECTIVE ACTION; REVIEWS PERSONNEL POLICIES AND NOTICES TO
IDENTIFY PROCEDURAL BARRIERS; SERVES AS A MEMBER OF THE EEO ADVISORY
COMMITTEE AND PROVIDES INPUT FOR EEO PLANS; DISCUSSES PROBLEMS, WITH
EMPLOYEES, ACTING AS A BRIDGE BETWEEN MANAGEMENT AND EMPLOYEES TO
INFORMALLY RESOLVE COMPLAINTS, OR DIRECTING THEM TO PROPER CHANNELS FOR
RESOLUTION OF THEIR PROBLEMS; PROPOSES TO MANAGEMENT AND AGGRIEVED
EMPLOYEES SOLUTIONS, AND, WHEN, APPROPRIATE, SUBMITS WRITTEN REPORTS OF
COUNSELING AND STATES PROPOSED RESOLUTIONS. (ACTIVITY EX. 14 C AND D).
THE DUTIES PERFORMED BY THE FWPM AT OAK RIDGE OPERATIONS HAVE
INCLUDED PARTICIPATION IN RECRUITING TRIPS TO COLLEGES AND UNIVERSITIES
TO INTEREST WOMEN IN APPLYING FOR POSITIONS; ARRANGING FOR TRAINING
SESSIONS ON TOPICS OF INTEREST TO WOMEN, SUCH AS ESTATE PLANNING, CAREER
ENRICHMENT, ASSERTIVENESS TRAINING, AND PREPARING EFFECTIVE JOB
APPLICATIONS; COUNSELING WOMEN ON VARIOUS PROBLEMS; AND COMPLETING
TRAINING COURSES, WORKSHOPS, AND SEMINARS ON SUCH SUBJECTS AS
MANAGEMENT, EQUAL EMPLOYMENT, AND THE DEVELOPMENT OF WOMEN'S PROGRAMS.
(TR. 246-247; 334-335).
THE DUTIES AND RESPONSIBILITIES OF THE PART-TIME FWP MANAGER AND
ASSISTANT AT OAK RIDGE OPERATIONS REVEAL THAT THE INTENT OF THE CIVIL
SERVICE COMMISSION FOR THE POSITION HAS BEEN CARRIED OUT. THEY HAVE
BEEN ASSIGNED DUTIES PRIMARILY AS RESOURCE PERSONS OR ADVISORS. THEY
IDENTIFY BOTH PROBLEM AREAS IN THE UTILIZATION OF WOMEN AND POSSIBLE
REMEDIES FOR EEO, PERSONNEL, AND TOP MANAGEMENT. THE PART-TIME WORK OF
THIS NATURE DOES NOT SERVE TO IDENTIFY OR ASSOCIATE THESE EMPLOYEES WITH
MANAGEMENT OR THE PERSONNEL WORK FUNCTION TO SUCH A DEGREE AS TO REQUIRE
THAT THEY BE EXCLUDED FROM A BARGAINING UNIT. COMPARE FEDERAL DEPOSIT
INSURANCE CORPORATION, 2 FLRA NO. 61 (1980), WHERE THE CHARACTER AND
EXTENT OF PARTICIPATION IN PERSONNEL WORK IN OTHER THAN A PURELY
CLERICAL CAPACITY BY A FULL-TIME FEDERAL WOMEN'S PROGRAM MANAGER
EMPLOYED IN THE OFFICE OF EMPLOYEE RELATIONS REQUIRED THAT SHE BE
EXCLUDED FROM THE UNIT.
D. EMPLOYEES ENGAGED IN SECURITY WORK WHICH DIRECTLY AFFECTS
NATIONAL SECURITY
THE ACTIVITY CHALLENGED THE BALLOTS OF 16 EMPLOYEES ON THE BASIS THAT
THEY ARE EXCLUDED FROM THE UNIT UNDER SECTION 7112(B)(6) OF THE STATUTE
AS BEING "ENGAGED IN . . . SECURITY WORK WHICH DIRECTLY AFFECTS
NATIONAL SECURITY."
SECTION 7103(B)(1) OF THE STATUTE PERMITS THE PRESIDENT TO EXCLUDE
ANY AGENCY OR SUBDIVISION FROM COVERAGE OF THE STATUTE IF HE DETERMINES
THAT THE ORGANIZATION'S PRIMARY FUNCTION IS INTELLIGENCE, )
COUNTERINTELLIGENCE, INVESTIGATIVE, OR NATIONAL SECURITY WORK, AND THAT
THE PROVISIONS OF THE STATUTE CANNOT BE APPLIED TO THAT AGENCY OR
SUBDIVISION IN A MANNER CONSISTENT WITH NATIONAL SECURITY REQUIREMENTS
AND CONSIDERATIONS. NEITHER OF THESE CONDITIONS IS PRESENT IN SECTION
7112(B)(6) WHICH CONSIDERS NOT THE WORK OF AN AGENCY OR SUBDIVISION AS A
WHOLE, BUT THE WORK OF INDIVIDUAL CATEGORIES OF EMPLOYEES. MOREOVER,
SECTION 7112(B)(6) IS NOT LIMITED, AS IS SECTION 7112(B)(7), TO
INDIVIDUALS PRIMARILY ENGAGED IN THE EXCLUDED FUNCTIONS; NOR IS IT
LIMITED, AS IS SECTION 7112(B)(3), TO EMPLOYEES ENGAGED IN THESE
EXCLUDED FUNCTIONS IN OTHER THAN A PURELY CLERICAL CAPACITY.
UNDER SECTION 7112(B)(6) THE ACTIVITY MUST SHOW (1) THAT THE
INDIVIDUAL EMPLOYEE IS ENGAGED IN THE DESIGNATED WORK, AND (2) THAT THE
WORK DIRECTLY AFFECTS NATIONAL SECURITY. IN THIS CASE, THE ACTIVITY
CONTENDS THAT THE 16 EMPLOYEES ARE "ENGAGED IN . . . SECURITY WORK WHICH
DIRECTLY AFFECTS NATIONAL SECURITY."
NEITHER "SECURITY WORK," "DIRECTLY AFFECTS," NOR "NATIONAL SECURITY"
IS DEFINED IN THE STATUTE. ONE ORDINARY DEFINITION OF "SECURITY WORK"
WOULD BE A TASK, DUTY, FUNCTION, OR ACTIVITY RELATED TO SECURING,
GUARDING, SHIELDING, PROTECTING, OR PRESERVING, SOMETHING. AS USED IN
CONTEXT, "SECURITY WORK" WOULD INCLUDE THE DESIGN, ANALYSIS, OR
MONITORING OF SECURITY SYSTEMS AND PROCEDURES. IT WOULD NOT INCLUDE
WORK INVOLVING MERE ACCESS TO AND USE OF SENSITIVE INFORMATION AND
MATERIAL. AN ORDINARY MEANING OF "DIRECTLY AFFECTS" WOULD BE A STRAIGHT
BEARING OR UNBROKEN CONNECTION THAT PRODUCES A MATERIAL INFLUENCE OR
ALTERNATION. SEE WEBSTER'S SEVENTH NEW COLLEGIATE DICTIONARY.
A COMPLEX LEGAL FRAMEWORK SURROUNDS "NATIONAL SECURITY" IN THE
CONTEXT OF GOVERNMENT EMPLOYMENT. SEE, E.G., 5 U.S.C. 7532; EXECUTIVE
ORDER 10450; FPM CHAPTER 732-3, SUBCHAPTER 1. EXCLUSION FROM AN
APPROPRIATE UNIT DEPRIVES EMPLOYEES OF THE OPPORTUNITY UNDER THE STATUTE
TO DETERMINE WHETHER OR NOT THEY WISH TO BE REPRESENTED BY A LABOR
ORGANIZATION AND OF THE OPPORTUNITY TO ENGAGE IN COLLECTIVE BARGAINING
WITH RESPECT TO CONDITIONS OF EMPLOYMENT THROUGH LABOR ORGANIZATIONS.
LABOR ORGANIZATIONS AND COLLECTIVE BARGAINING IN THE CIVIL SERVICE HAVE
BEEN DETERMINED BY THE CONGRESS TO BE "IN THE PUBLIC INTEREST." 5 U.S.C.
7101(A). THEREFORE, THE TERM "NATIONAL SECURITY" MUST BE INTERPRETED
TO INCLUDE ONLY THOSE SENSITIVE ACTIVITIES OF THE GOVERNMENT THAT ARE
DIRECTLY RELATED TO THE PROTECTION AND PRESERVATION OF THE MILITARY,
ECONOMIC, AND PRODUCTIVE STRENGTH OF THE UNITED STATES, INCLUDING THE
SECURITY OF THE GOVERNMENT IN DOMESTIC AND FOREIGN AFFAIRS, AGAINST OR
FROM ESPIONAGE, SABOTAGE, SUBVERSION, FOREIGN AGGRESSION, AND ANY OTHER
ILLEGAL ACTS WHICH ADVERSELY AFFECT THE NATIONAL DEFENSE. SEE COLE V.
YOUNG, 76 S. CT. 861, 351 U.S. 536 (1956); FPM CHAPTER 732-3,
SUBCHAPTER 1, PARAGRAPH 1.1; 32 C.F.R. 156.5.
IT IS NOTED THAT UNDER EXECUTIVE ORDER 10450 AND FPM CHAPTER 732-3,
SUBCHAPTER 1, PARAGRAPH 1.3A, THE HEADS OF AGENCIES ARE DIRECTED TO
DESIGNATE AS SENSITIVE THOSE POSITIONS THE OCCUPANTS OF WHICH COULD
BRING ABOUT, BY VIRTUE OF THEIR POSITIONS, A MATERIAL ADVERSE EFFECT ON
THE NATIONAL SECURITY. AT A MINIMUM, AGENCY HEADS ARE TO CLASSIFY AS
SENSITIVE THOSE POSITIONS REQUIRING ACCESS TO TOP SECRET, SECRET, AND
CONFIDENTIAL MATERIAL. THEREFORE, IT IS EXPECTED THAT, AS REFLECTED BY
THE JOB DESCRIPTIONS IN THE INSTANT CASE, ALL POSITIONS SOUGHT TO BE
EXCLUDED UNDER SECTION 7112(B)(6) WILL, AT A MINIMUM, HAVE BEEN
DESIGNATED AS SENSITIVE PURSUANT TO THIS AUTHORITY.
ALL OF THE EMPLOYEES SOUGHT TO BE EXCLUDED BY THE ACTIVITY WORK IN
THE SAFEGUARDS AND SECURITY DIVISION. THE OAK RIDGE OPERATIONS OFFICE
(ORO) IS RESPONSIBLE FOR A SIGNIFICANT AMOUNT OF WORK PERTAINING TO
DEFENSE PROGRAMS AND IT IS RESPONSIBLE FOR ALL OF THE THE DEPARTMENT OF
ENERGY'S (DOE) URANIUM ENRICHMENT EFFORTS. SIXTY SEVEN PER CENT OF THE
TOTAL ORO BUDGET FOR FY-80 IS BUDGETED FOR THESE PROGRAMS. THE
SAFEGUARDS AND SECURITY DIVISION IS RESPONSIBLE FOR ASSURING THE
PROTECTION OF ALL CLASSIFIED MATERIAL AND INFORMATION AND SPECIAL
NUCLEAR MATERIAL USED IN OR PRODUCED FROM THE ORO PROGRAMS. THIS
INCLUDES DEVELOPING PROCEDURES, ESTABLISHING STANDARDS, AND MONITORING
THEIR IMPLEMENTATION IN FIVE BROAD AREAS:
1. THE PROTECTION OF SPECIAL NUCLEAR MATERIALS AND OTHER EQUIPMENT
AND PROPERTY OF
NATIONAL SECURITY SIGNIFICANCE FROM THEFT, DIVERSION, OR SABOTAGE.
THESE MATERIALS ARE USED
IN WEAPONS PRODUCTION INCLUDING NUCLEAR WARHEADS, WEAPONS RESEARCH,
AND AS FUEL FOR THE NAVY'S
NUCLEAR SUBMARINE FLEET.
2. THE PROTECTION OF NATIONAL DEFENSE INFORMATION FROM DIVERSION OR
UNAUTHORIZED
ACCESS. THIS INFORMATION INCLUDES HIGHLY SENSITIVE RESTRICTED DATA
AND NATIONAL SECURITY
INFORMATION SUCH AS FOREIGN INTELLIGENCE DATA, DEFENSE PRODUCTION
CAPABILITIES, AND THE LIKE.
3. THE PROTECTION OF CLASSIFIED INFORMATION ON URANIUM ENRICHMENT
PRODUCTION
TECHNOLOGY. RELEASE OF THIS INFORMATION WOULD PERMIT NUCLEAR
PROLIFERATION.
4. THE DETERMINATION OF ELIGIBILITY OF PERSONNEL FOR ACCESS TO
NATIONAL DEFENSE
INFORMATION AND GRANTING CLEARANCES TO ALLOW SUCH ACCESS.
5. THE EVALUATION OF CONTINUED EFFECTIVENESS OF THE SAFEGUARDS AND
SECURITY PROGRAMS AT
ALL FACILITIES.
THE DIVISION IS FURTHER DIVIDED INTO THREE BRANCHES: THE PERSONNEL
SECURITY BRANCH, THE PHYSICAL SAFEGUARDS BRANCH, AND THE PROTECTIVE
SECURITY BRANCH. EMPLOYEES WHOSE BALLOTS WERE CHALLENGED ARE DISCUSSED
BELOW BY BRANCH, WHERE POSSIBLE, SINCE THE DUTIES OF THE EMPLOYEES IN
EACH BRANCH ARE CLOSELY RELATED.
CHARLES W. GROOVER, PERSONNEL SECURITY SPECIALIST, GS-080-12 LOUIS M.
MCNEALY, PERSONNEL SECURITY SPECIALIST, GS-080-11 PATRICIA H. SMITH,
PERSONNEL SECURITY SPECIALIST, GS-080-11
THESE EMPLOYEES WORK AS PERSONNEL SECURITY SPECIALISTS WITHIN THE
PERSONNEL SECURITY BRANCH. THE PRIMARY FUNCTION OF THIS BRANCH IS TO
GRANT ACCESS AUTHORIZATIONS OR CLEARANCES. THIS INCLUDES THE
RESPONSIBILITY OF MAINTAINING CLEARANCE RECORDS ON INDIVIDUALS WHO ARE
APPLICANTS FOR OR HOLDERS OF CLEARANCES AND DECIDING WHETHER OR NOT TO
GRANT CLEARANCES. THE BRANCH ALSO APPROVES THE PARTICIPATION BY FOREIGN
NATIONALS IN DOE PROGRAMS AS WELL AS CLASSIFIED AND UNCLASSIFIED VISITS
BY FOREIGN REPRESENTATIVES AND U.S. CITIZENS. THE EMPLOYEES PERFORM THE
FOLLOWING DUTIES:
1. EXAMINING AND EVALUATING BACKGROUND INFORMATION DEVELOPED BY THE
FBI OR INVESTIGATORS
OF THE OFFICE OF PERSONNEL MANAGEMENT ON ALL PERSONS PROPOSED FOR
CLEARANCE. THE FBI AND OPM
REPORT FACTUAL DATA ONLY AND MAKE NO RECOMMENDATIONS OR
INTERPRETATIONS.
2. RESOLVING AREAS OF QUESTIONABLE FACT THROUGH INTERVIEWS WITH THE
INDIVIDUAL, MAKING
CREDIBILITY DETERMINATION, AND REQUESTING SUPPLEMENTAL INFORMATION.
3. DETERMINING WHETHER THE INDIVIDUAL SHOULD BE PERMITTED ACCESS TO
RESTRICTED DATA AND
MATERIALS AND GRANTING CLEARANCES BOTH IN CASES WITH DEROGATORY
INFORMATION AND IN CASES WHICH
CONTAIN NO DEROGATORY INFORMATION ON THE INDIVIDUAL.
4. CONDUCTING SPECIAL SECURITY LECTURES FOR INDIVIDUALS WHO MAY HAVE
COMMITTED SECURITY
INFRACTIONS, OR WHO MAY BE DEVELOPING PROBLEMS WHICH COULD LEAD TO A
REMOVAL OF ACCESS
AUTHORIZATION.
THE WORK OF THE EMPLOYEES INVOLVES ANALYZING INVESTIGATIVE REPORTS
AND PERSONNEL SECURITY PROCEDURES TO REACH CLEARANCE DETERMINATIONS.
THESE DUTIES CLEARLY CONSTITUTE SECURITY WORK. INDIVIDUALS WHO RECEIVE
A CLEARANCE HAVE ACCESS TO NUCLEAR WEAPON REPORTS, WEAPON COMPONENTS,
WARHEAD MATERIAL, AND WEAPONS TECHNOLOGY WHICH IS VITAL TO THE NATIONAL
SECURITY. THUS, THE PERSONNEL SECURITY SPECIALISTS ACT AS THE
GATEKEEPERS GUARDING SECURITY DATA AND MATERIAL, AND THE CLEARANCE IS
THE KEY WHICH OPENS UP THE GATE AND ALLOWS ACCESS TO SOME OF THIS
NATION'S VITAL MILITARY SECRETS. THE SPECIALISTS MAKE JUDGMENTS
CONCERNING THE SERIOUSNESS OF DEROGATORY INFORMATION PURSUANT TO DOE
REGULATIONS PUBLISHED AT 10 CFR PART 710. THE REGULATIONS RECOGNIZE THE
IMPORTANCE OF THIS JUDGMENT:
"THE DECISION AS TO ACCESS AUTHORIZATION (CLEARANCE) IS A
COMPREHENSIVE COMMONSENSE
JUDGMENT, MADE AFTER CONSIDERATION OF ALL RELEVANT INFORMATION,
FAVORABLE OR UNFAVORABLE, AS
TO WHETHER THE GRANTING OF ACCESS AUTHORIZATION WOULD ENDANGER THE
COMMON DEFENSE AND SECURITY
AND WOULD BE CLEARLY CONSISTENT WITH THE NATION INTEREST." 10 CFR
710.10(A).
I FIND THAT THESE EMPLOYEES ARE ENGAGED IN SECURITY WORK WHICH
DIRECTLY AFFECTS THE NATIONAL SECURITY.
BETTY N. STAIR, CLERK-TYPIST, GS-322-4
MS. STAIR IS EMPLOYED AS A CLERK-TYPIST IN THE PERSONNEL SECURITY
BRANCH. SHE TRANSCRIBES AND PREPARES VERBATIM TRANSCRIPTS OF RECORDED
INTERVIEWS HELD IN THE RESOLUTION OF PERSONNEL SECURITY CASES, TYPES
CORRESPONDENCE, PREPARES CASE FILES AND CASE CONTROL CARDS, AND PROVIDES
OTHER TYPING AND CLERICAL SUPPORT FOR THE BRANCH. HER RESPONSIBILITIES
DO NOT EXTEND TO ACTUALLY GRANTING SECURITY CLEARANCES, BUT SHE DOES
HAVE THE RESPONSIBILITY FOR CHECKING FILES AND RESPONDING TO QUESTIONS
OF WHETHER A CERTAIN INDIVIDUAL HAS RECEIVED A CLEARANCE FOR ACCESS TO A
PARTICULAR CLASS OF INFORMATION. THIS FUNCTION WAS CALLED
"VERIFICATION." MS. STAIR IS AUTHORIZED TO AND DOES ROUTINELY RESPOND TO
TELEPHONE CALLS REQUESTING A CLEARANCE VERIFICATION. SHE COMMUNICATES
THE INFORMATION DIRECTLY TO THE REQUESTOR. THE REQUESTING PARTY IS
RESPONSIBLE FOR INSURING THAT THE IDENTITY OF THE INDIVIDUAL IS THE SAME
AS THAT VERIFIED BY MS. STAIR AS BEING LISTED IN THE CLEARANCE FILES.
MS. STAIR HAS ACCESS TO HIGHLY CLASSIFIED MATERIAL AND, THUS, IN
COMMON WITH ALL HOLDERS OF SUCH CLEARANCES, IS IN A POSITION TO MAKE A
MISTAKE OR MISHANDLE SUCH INFORMATION, THUS COMPROMISING SENSITIVE
INFORMATION. HOWEVER, I CONCLUDE THAT SHE IS NOT "ENGAGED IN . . .
SECURITY WORK . . ." HE WORK DOES NOT INVOLVE EITHER THE DESIGN,
ANALYSIS, OR MONITORING OF SECURITY SYSTEMS AND PROCEDURES DESIGNED TO
PROTECT SENSITIVE INFORMATION AND MATERIAL. HER "VERIFICATION
FUNCTION," MERELY INVOLVES CHECKING FILES FOR INFORMATION IN ORDER TO
RESPOND TO TELEPHONE REQUESTS FOR CLEARANCE VERIFICATION. I CONCLUDE
THAT SHE CANNOT BE DEEMED TO BE "ENGAGED IN SECURITY WORK WHICH DIRECTLY
AFFECTS THE NATIONAL SECURITY" MERELY BECAUSE SHE HAS ACCESS TO
SENSITIVE INFORMATION AND PERFORMS ROUTINE CLERICAL DUTIES IN A SECURITY
OFFICE. IF THE PROVISIONS OF THE STATUTE CANNOT BE APPLIED TO THAT
OFFICE IN A MANNER CONSISTENT WITH NATIONAL SECURITY, THE AGENCY CAN, OF
COURSE, SEEK THE BLANKET EXCLUSION UNDER SECTION 7103(B)(1).
CHARLES R. ISABELL, INDUSTRIAL SECURITY SPECIALIST, GS-080-12 JAMES
H. WARE, PHYSICAL SECURITY SPECIALIST, GS-080-11 HENRY J. WUNSCHEL,
INDUSTRIAL SECURITY SPECIALIST, GS-080-12 WAYNE W. YODER, INDUSTRIAL
SECURITY SPECIALIST, GS-080-12
THESE EMPLOYEES WORK IN THE PHYSICAL SAFEGUARDS BRANCH. THE PRIMARY
FUNCTIONS OF THE BRANCH ARE THE DESIGN AND AUDIT OF SECURITY SYSTEMS TO
PHYSICALLY PROTECT CLASSIFIED INFORMATION AND MATERIAL AND SPECIAL
NUCLEAR MATERIAL. ALL ARE INVOLVED IN ESSENTIALLY THE SAME DUTIES, AS
FOLLOWS:
1. DESIGNING SYSTEMS TO COVERTLY OBTAIN EQUIPMENT AND MATERIALS FOR
CLASSIFIED PROGRAMS
WHERE THE INFORMATION THAT SUCH EQUIPMENT AND MATERIAL IS USED IN
SUCH PROGRAMS IS IN ITSELF
CLASSIFIED.
2. APPROVING ARRANGEMENTS FOR THE SHIPMENT AND USE OF CLASSIFIED
INFORMATION AND MATERIAL
AND SPECIAL NUCLEAR MATERIAL BY LABORATORIES, UNIVERSITIES,
INDUSTRIAL PLANTS, ARCHITECT
ENGINEER FIRMS, ETC.
3. APPROVING PROCEDURES AND EXCEPTIONS TO PROCEDURES FOR CONTROLLING
ENTRANCE TO SECURITY
AREAS, BOTH AT DOE OFFICES AND AT CONTRACTOR LOCATIONS.
4. ASSESSING THE EFFECTIVENESS OF PHYSICAL SAFEGUARDS AND OTHER
SECURITY MEASURES IN
PREVENTING THEFT OR UNAUTHORIZED DISCLOSURE OF POSSESSION OF
CLASSIFIED MATERIAL, SPECIAL
NUCLEAR MATERIAL, AND CLASSIFIED INFORMATION AT ALL LOCATIONS AND
DURING TRANSIT FROM ONE
LOCATION TO ANOTHER.
5. CONDUCTING SABOTAGE VULNERABILITY STUDIES AT MAJOR DOE FACILITIES
TO ASSESS
VULNERABILITY AND ESTABLISH EFFECTIVE COUNTERMEASURES.
6. DETERMINING WHAT INFORMATION ON SAFEGUARDS AND SECURITY SYSTEMS
IS CLASSIFIED
INFORMATION IN ITSELF.
7. REVIEWING AND APPROVING ENGINEERING PROPOSALS AND CONCEPTUAL
DESIGNS FOR SAFEGUARDS AND
SECURITY ASPECTS PRIOR TO CONSTRUCTION.
8. INVESTIGATING INCIDENTS OF SECURITY INFRACTIONS TO ASSESS DAMAGE
AND ESTABLISH
CORRECTIVE ACTIONS OR DETERMINE THE NEED FOR REFERRAL TO THE FBI.
THE INFORMATION AND MATERIAL TO BE PROTECTED BY THE PROCEDURES AND
SYSTEMS DESIGNED BY THESE INDIVIDUALS INCLUDES SPECIAL NUCLEAR MATERIALS
USED IN RESEARCH AND WEAPONS PRODUCTION AND FOR USE IN FUELING NUCLEAR
SUBMARINES, AND NATIONAL DEFENSE INFORMATION RELATED TO THE NUCLEAR
WEAPONS PROGRAM. THIS INFORMATION INCLUDES HIGHLY SENSITIVE RESTRICTED
DATA, NATIONAL SECURITY INFORMATION, AND FOREIGN INTELLIGENCE DATA.
THE WORK OF THESE EMPLOYEES IN DESIGNING AND AUDITING SECURITY
SYSTEMS AND PROCEDURES AND THE TYPE OF INFORMATION TO BE SAFEGUARDED BY
THEIR WORK CLEARLY DEMONSTRATES THAT THEY ARE ENGAGED IN SECURITY WORK
WHICH DIRECTLY AFFECTS THE NATIONAL SECURITY.
CONNIE S. BOWLIN, CLERK-STENOGRAPHER, GS-312-3 IVY GAIL YOUNG,
CLERK-STENOGRAPHER, GS-312-4
THESE TWO EMPLOYEES SERVE AS CLERK-STENOGRAPHERS IN THE PHYSICAL
SAFEGUARDS BRANCH, DESCRIBED ABOVE. THEIR DUTIES INCLUDE TAKING
DICTATION, TYPING, FILING, AND HANDLING CORRESPONDENCE. THEY ALSO
ANSWER INQUIRIES FROM WITHIN AND OUTSIDE THE DOE ORGANIZATION ON WHAT
FACILITIES AND INDIVIDUALS HAVE BEEN AUTHORIZED TO RECEIVE CERTAIN
CATEGORIES OF CLASSIFIED INFORMATION OR MATERIALS. THIS DUTY INVOLVES
THE RECEIPT OF INQUIRIES AS TO WHETHER IDENTIFIED FACILITIES OR
INDIVIDUALS HAVE BEEN APPROVED TO RECEIVE RESTRICTED DATE OR MATERIALS.
MS. BOSLIN AND MS. YOUNG CONSULT THE FILES AND ADVISE THE REQUESTOR
DIRECTLY WHETHER CLASSIFIED INFORMATION OR MATERIALS MAY OR MAY NOT BE
SENT TO A PARTICULAR FACILITY. THE EMPLOYEES CARRY OUT ROUTINE
ASSIGNMENTS INDEPENDENTLY WITHOUT SPECIFIC INSTRUCTIONS. WORK IS
CARRIED OUT IN ACCORDANCE WITH ESTABLISHED PROCEDURES AND PROVIDES
LITTLE OPPORTUNITY FOR MAKING CHOICES.
FOR THE REASONS DISCUSSED WITH RESPECT TO BETTY N. STAIR, I CONCLUDE
THAT THESE EMPLOYEES ARE NOT ENGAGED IN SECURITY WORK WHICH DIRECTLY
AFFECTS THE NATIONAL SECURITY.
KATHY D. POWELL, SECRETARY (STENOGRAPHY), GS-318-4
MS. POWELL IS THE SECRETARY IN THE PHYSICAL SAFEGUARDS BRANCH. SHE
SERVES BOTH THE BRANCH CHIEF AND THE DEPUTY DIVISION DIRECTOR. IN THIS
POSITION, MS. POWELL IS RESPONSIBLE FOR A WIDE RANGE OF SECRETARIAL
DUTIES, INCLUDING ANSWERING INQUIRIES FROM WITHIN OR OUTSIDE THE DOE
ORGANIZATION WHICH RELATE TO THE APPROVAL OF PERSONS FOR ACCESS TO
CLASSIFIED INFORMATION (SAME AS MS. BOWLIN AND MS. YOUNG). SHE ALSO
INDEPENDENTLY ESTABLISHES, ORGANIZES, AND MAINTAINS SEPARATE
ACCOUNTABILITY SYSTEMS AND ACCESS LISTS FOR HIGHLY SENSITIVE PROJECTS
INCLUDING FOREIGN INTELLIGENCE DATA REQUIRING VERY LIMITED ACCESS WITHIN
THE DIVISION.
MS. POWELL'S WORK OF ESTABLISHING AND ORGANIZING ACCOUNTABILITY
SYSTEMS AND ACCESS LISTS FOR THE MATERIAL DESCRIBED IS CONCLUDED TO BE
SECURITY WORK DIRECTLY AFFECTING THE NATIONAL SECURITY.
ROBERT J. CALDWELL, ELECTRONICS ENGINEER, GS-855-12 MARJORIE A.
PHILLIPS, INDUSTRIAL SECURITY SPECIALIST, GS-080-11
THESE EMPLOYEES WORK IN THE PROTECTIVE SECURITY BRANCH. THIS BRANCH
IS RESPONSIBLE FOR PROVIDING TECHNICAL SUPPORT FOR SECURITY SYSTEMS, OF
DOE AND CONTRACTORS, FOR ESTABLISHING CONTROL PROCEDURES FOR CLASSIFIED
DOCUMENTS, FOR APPROVING COMPUTER AND COMMUNICATIONS SYSTEMS, FOR
ELECTRONIC COUNTERMEASURES, AND FOR DIRECTION OF AN ARMED FORCE OF
GUARDS AND COURIERS.
MR. CALDWELL, AS, AN ELECTRONICS ENGINEER, IS RESPONSIBLE FOR THE
FOLLOWING DUTIES:
1. EXAMINING AND APPROVING COMPUTER AND COMMUNICATIONS SECURITY
SYSTEMS AND CONDUCTING
INTEGRITY STUDIES TO ASSESS VULNERABILITY AND CORRECT DEFICIENCIES
WHICH WOULD COMPROMISE
CLASSIFIED INFORMATION. THESE SYSTEMS INVOLVE REMOTE ENTRY COMPUTER
TERMINALS USED TO PROCESS
AND TRANSMIT COMPUTERIZED CLASSIFIED DATA, AND TELECOMMUNICATIONS
NETWORKS DESIGNED TO
TRANSMIT RESTRICTED DATA OVER DISTANCES.
2. SELECTING, INSTALLING, AND TESTING, OR APPROVING THE SELECTION
AND INSTALLATION OF
DETECTION SYSTEMS AND OTHER SECURITY HARDWARE, NEEDED TO PROTECT
CLASSIFIED MATTER AND SPECIAL
NUCLEAR MATERIAL.
3. EXAMINING AND ASSURING THAT CONFERENCE ROOMS AND OFFICES WITHIN
SECURE AREAS ARE FREE
FROM ELECTRONIC SURVEILLANCE.
4. EXAMINING AND TESTING SUSPICIOUS-LOOKING PACKAGES AND PARCELS FOR
BOMBS, USING
SOPHISTICATED ELECTRONICS DEVICES. MR. CALDWELL'S FUNCTION IS TO
DESIGN SYSTEMS TO SAFEGUARD THE TRANSMISSION OF RESTRICTED DATA EITHER
FROM PERSON-TO-PERSON IN AN OFFICE, CONFERENCE ROOM, OR OVER THE
TELEPHONE, OR FROM COMPUTER-TO-COMPUTER, AND TO ASSURE SELECTION, PROPER
INSTALLATION, AND MAINTENANCE OF TECHNICAL SECURITY EQUIPMENT.
MR. CALDWELL'S WORK IS CLEARLY SECURITY WORK SINCE THE DUTIES ARE
DIRECTLY RELATED TO THE DESIGN AND ANALYSIS OF SYSTEMS TO PROTECT AND
SAFEGUARD CLASSIFIED INFORMATION AND MATERIALS. SUCH WORK DIRECTLY
AFFECTS NATIONAL SECURITY SINCE IT PROTECTS SPECIAL NUCLEAR MATERIAL AND
NATIONAL DEFENSE INFORMATION FROM UNAUTHORIZED ACCESS. THEREFORE, IT IS
CONCLUDED THAT MR. CALDWELL IS ENGAGED IN SECURITY WORK WHICH DIRECTLY
AFFECTS NATIONAL SECURITY.
MARJORIE A. PHILLIPS, AS AN INDUSTRIAL SECURITY SPECIALIST IN THE
PROTECTIVE SECURITY BRANCH, IS RESPONSIBLE FOR DEVELOPING AND APPROVING
SYSTEMS AND PROCEDURES FOR THE CONTROL OF CLASSIFIED DOCUMENTS. SHE
ALSO REVIEWS AND APPROVES PLANS AND SYSTEMS PROPOSED BY CONTRACTORS FOR
CONTROLLING SUCH DOCUMENTS AND MAKES ON-SITE APPRAISALS OF THE
EFFECTIVENESS OF THESE SYSTEMS AND PROCEDURES. IN ADDITION, SHE
RECOMMENDS APPROVALS FOR ACCESS TO CRYPTOGRAPHIC INFORMATION BY
INDIVIDUALS. THIS INFORMATION MAY ONLY BE REVEALED TO PEOPLE AFTER SHE
HAS GRANTED THIS A ACCESS. THE DOCUMENTS PROTECTED BY SUCH SYSTEMS,
PROCEDURES, AND ACCESS AUTHORIZATION CONTAIN HIGHLY CLASSIFIED DATA
RELATING TO WEAPONS DATA AND NATIONAL DEFENSE INFORMATION. INADEQUATE
CONTROL PROCEDURES OR INAPPROPRIATE ACCESS AUTHORIZATIONS COULD RESULT
IN UNAUTHORIZED ACCESS OR COMPROMISE OF NATIONAL SECURITY INFORMATION.
I CONCLUDE THAT MS. PHILLIPS IS ENGAGED IN SECURITY WORK WHICH
DIRECTLY AFFECTS THE NATIONAL SECURITY.
LINDA B. JENNINGS, SECRETARY (STENOGRAPHY), GS-318-5 BETTY J.
LARSON, SECRETARY (STENOGRAPHY), GS-318-4
THESE EMPLOYEES ARE SECRETARIES IN THE PROTECTIVE SECURITY BRANCH,
DESCRIBED ABOVE. THEY PERFORM THE FULL RANGE OF SECRETARIAL DUTIES.
THEY ALSO DO THE FOLLOWING:
1. VERIFY APPROVALS FOR ACCESS TO FOREIGN INTELLIGENCE AND
CRYPTOGRAPHIC INFORMATION.
2. MAINTAIN A CURRENT LIST OF COMPUTER SYSTEMS APPROVED TO PROCESS
2. MAINTAIN A CURRENT LIST OF COMPUTER SYSTEMS APPROVED TO PROCESS
CLASSIFIED INFORMATION
AND ANSWERING INQUIRIES ON APPROVED SYSTEMS OR STATUS OF THE APPROVAL
PROCESS. AS DISCUSSED ABOVE, THE PROCESS OF VERIFICATION INCLUDES
RECEIVING TELEPHONE, WRITTEN, OR IN-PERSON REQUESTS AS TO WHETHER A
PARTICULAR PERSON, FACILITY, OR COMPUTER SYSTEM HAS BEEN GRANTED
APPROVAL FOR ACCESS TO CERTAIN TYPES OF INFORMATION. THEIR RESPONSE,
BASED ON A CHECK OF FILES, IS THE BASIS FOR INFORMATION. THEIR
RESPONSE, BASED ON A CHECK OF FILES, IS THE BASIS FOR ALLOWING
INDIVIDUALS TO SEE CERTAIN SPECIAL KINDS OF HIGHLY SENSITIVE
INFORMATION, PROVIDED THE REQUESTING PARTY IS SATISFIED AS TO THE
IDENTITY OF THE CLEARED INDIVIDUAL NAMED IN THE RECORDS.
FOR THE REASONS DISCUSSED WITH RESPECT TO BETTY N. STAIR, I CONCLUDE
THAT THESE EMPLOYEES ARE NOT ENGAGED IN SECURITY WORK WHICH DIRECTLY
AFFECTS THE NATIONAL SECURITY.
SHIRLEY H. HENSON, MAIL AND FILE CLERK (TYPING), GS-305-03
THIS EMPLOYEE OPERATES A CENTRALIZED MAIL FUNCTION IN THE SAFEGUARDS
AND SECURITY DIVISION. SHE RECEIVES AND DISTRIBUTES INCOMING
CLASSIFIED, UNCLASSIFIED, AND HIGHLY SENSITIVE MAIL; SIGNS AND RETAINS
RECEIPTS FOR CLASSIFIED MAIL; PROCESSES OUTGOING MAIL; LOGS AND
ASSIGNS NUMBERS TO OUTGOING CLASSIFIED CORRESPONDENCE; TYPES
CORRESPONDENCE; ASSISTS STAFF MEMBERS IN LOCATING AND OBTAINING FILES;
RECORDS MAIL REMOVED FROM THE FILE ROOM; PARTICIPATES IN RECORDS
INVENTORIES; AND DESTROYS AND RETIRES RECORDS IN ACCORDANCE WITH RECORD
DISPOSITION SCHEDULES. (ACTIVITY EX. 20 D).
THIS EMPLOYEE OCCUPIES A SENSITIVE POSITION AND APPEARS TO HAVE
ACCESS TO HIGHLY CLASSIFIED MATERIAL. SHE MUST FOLLOW SECURITY
PROCEDURES AND PRACTICES IN PERFORMING HER DUTIES AS A MAIL AND FILE
CLERK. HOWEVER, I CONCLUDE THAT SHE IS NOT "ENGAGED IN SECURITY WORK
WHICH DIRECTLY AFFECTS THE NATIONAL SECURITY." OTHER THAN BEING REQUIRED
TO FOLLOW SECURITY PROCEDURES FOR HANDLING CLASSIFIED MATERIAL, AS IS
THE CASE WITH EVERY EMPLOYEE POSSESSING A SECURITY CLEARANCE, HER WORK
DOES NOT INVOLVE THE ACTUAL DESIGN, ANALYSIS, OR MONITORING OF SECURITY
SYSTEMS AND PROCEDURES DIRECTLY AFFECTING NATIONAL SECURITY.
IV. RECOMMENDATIONS
ON THE BASIS OF THE FOREGOING FINDINGS OF FACT AND CONCLUSIONS, IT IS
RECOMMENDED THAT THE AUTHORITY ISSUE THE FOLLOWING ORDER PURSUANT TO 5
U.S.C. 7111(D) AND 5 C.F.R. 2422.20(I):
ORDER
PURSUANT TO SECTION 2422.20(I) OF THE RULES AND REGULATIONS OF THE
FEDERAL LABOR RELATIONS AUTHORITY AND SECTION 7111(D) OF THE FEDERAL
SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, IT IS HEREBY ORDERED:
1. IN ACCORDANCE WITH THE STIPULATION OF THE PARTIES THE CHALLENGES
TO THE BALLOTS OF KATHY L. DARNELL AND MARJORIE M. WHALEY ARE HEREBY
SUSTAINED AND THEIR BALLOTS SHALL NOT BE OPENED AND COUNTED.
2. IN ACCORDANCE WITH THE STIPULATION OF THE PARTIES THE CHALLENGES
TO THE BALLOTS OF CHARLOTTE HAMBY AND LILA FAY GREENE ARE HEREBY
OVERRULED AND THEIR BALLOTS SHALL BE OPENED AND COUNTED.
3. THE CHALLENGES TO THE BALLOTS OF
MARY S. BAGWELL
SHERRIA T. BROWN
ARLENE M. CORONA
CHARLES W. GROOVER
CHARLES R. ISABELL
JOANN LEACH
LOUIS M. MCNEALY
SUSAN G. OXENDINE
MELDA J. RAFFERTY
ROBIN Q. SPRADLEN
KATHRYN A. WALTER
REBA M. WILKEY
WAYNE W. YODER
JOYCE J. BAKER
ROBERT J. CALDWELL
MARY ELAINE DUNCAN
JANE M. HARMAN
VIOLET ISON
MARTHA A. LYLE
JEANETTE S. MILLER
MARJORIE A. PHILLIPS
MARY C. RABY
MARY C. STEWART
JAMES H. WARE
OPAL F. WILSON
FONDA B. BARNES
TRILLA F. COOPER
LENORA H. FLEISCHMAN
PAULINE M. HORNE
BOB G. JOHNSON
PEGGY W. MCCONNELL
JUDITH H. OSBORNE
KATHY D. POWELL
PATRICIA H. SMITH
NAOMI D. WAGNER
VERA WARREN
HENRY J. WUNSCHEL
COUNTED.
4. THE CHALLENGES TO THE BALLOTS OF
CONNIE S. BOWLIN
BETTY J. LARSON
BETTY N. STAIR
SHIRLEY H. HENSON
IVY GAIL YOUNG
LINDA B. JENNINGS
MICKEY M. MOORE
ARE HEREBY OVERRULED AND THEIR BALLOTS SHALL BE OPENED AND COUNTED.
5. THE REGIONAL DIRECTOR SHALL TAKE APPROPRIATE ACTION IN ACCORDANCE
WITH THE FOREGOING AND SUCH ADDITIONAL ACTION AS REQUIRED BY THE RULES
AND REGULATIONS.
GARVIN LEE OLIVER
ADMINISTRATIVE LAW JUDGE
JULY 31, 1980
WASHINGTON, D.C.
I HEREBY CERTIFY THAT A COPY OF THE DECISION ISSUED BY ADMINISTRATIVE
LAW JUDGE GARVIN LEE OLIVER WAS SENT TO THE FOLLOWING PERSONS BY
CERTIFIED MAIL:
/S/NANCY MCCOY
DATED: JULY 31, 1980
PHILLIP M. KANNAN, ESQ.
DEPARTMENT OF ENERGY
OAK RIDGE OPERATIONS
P.O. BOX E
OAK RIDGE, TENNESSEE 37830
MR. ROBBIN FULNER,
REPRESENTATIVE
NATIONAL ASSOCIATION OF
GOVERNMENT EMPLOYEES
P.O. BOX 301
OAK RIDGE, TENNESSEE 37830
DANIEL L. HURD
NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES
LOCAL R5-181
2139 WISCONSIN AVENUE, N.W.
WASHINGTON, D.C. 20007
JOSEPH E. FINLEY, ESQ.
57 BROOKSTONE DRIVE
PRINCETON, NEW JERSEY 08540
REGULAR MAIL:
R. J. HART, MANAGER
DEPARTMENT OF ENERGY
OAK RIDGE OPERATIONS
POST OFFICE BOX E
OAK RIDGE, TENNESSEE 37830
W. CHARLES HARRIS
INTERNATIONAL REPRESENTATIVE
OFFICE AND PROFESSIONAL
EMPLOYEES INTERNATIONAL
UNION, AFL-CIO AND CLC
919 CHATTANOOGA BANK BLDG
CHATTANOOGA, TENNESSEE 37402
MR. HOWARD COUGHLIN
PRESIDENT
OFFICE AND PROFESSIONAL
EMPLOYEES INTERNATIONAL
UNION, AFL-CIO
265 WEST 14TH STREET
SUITE 610
NEW YORK, NEW YORK 10011
FEDERAL LABOR RELATIONS
1900 E STREET, N.W., ROOM 7469
WASHINGTON, D.C. 20424
ONE COPY TO EACH REGIONAL DIRECTOR
STANLEY Q. LYMAN, EXECUTIVE VICE PRESIDENT
NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES
LOCAL R5-181
2139 WISCONSIN AVENUE, N.W.
WASHINGTON, D.C. 20007
MR. RAY OXENDINE, REPRESENTATIVE
OFFICE AND PROFESSIONAL EMPLOYEES
INTERNATIONAL UNION, AFL-CIO
2831 COLT DRIVE
KNOXVILLE, TENNESSEE 37918
MR. ALAN WHITNEY
EXECUTIVE VICE PRESIDENT
NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES
2139 WISCONSIN AVENUE, N.W.
WASHINGTON, D.C. 20007
ASSISTANT DIRECTOR
LABOR-MANAGEMENT RELATIONS
U.S. OFFICE OF PERSONNEL MANAGEMENT
1900 E STREET, N.W.
WASHINGTON, D.C. 20415
OFFICE OF THE GENERAL COUNSEL
FEDERAL LABOR RELATIONS AUTHORITY
1900 E STREET, N.W., ROOM 7469
WASHINGTON, D.C. 20424
--------------- FOOTNOTES$ ---------------
/1/ BRANCH CHIEFS MAKE SELECTIONS UP TO GS-10, OR GS-12 FOR CAREER
LADDER POSITIONS. (TR. 76).
/2/ BRANCH CHIEFS PROCESS GRIEVANCES IN THE INFORMAL STAGE OF THE
AGENCY GRIEVANCE PROCEDURE. (TR. 89-90).
/3/ MS. SMITH WAS ALSO CHALLENGED BY THE ACTIVITY AS BEING EMPLOYED
IN SECURITY WORK WHICH DIRECTLY AFFECTS THE NATIONAL SECURITY. HER
DUTIES WITH REGARD TO THAT CHALLENGE ARE DISCUSSED UNDER THE SECTION
DEALING WITH THE SECURITY ISSUE.