[ v06 p229 ]
06:0229(38)CU
The decision of the Authority follows:
6 FLRA No. 38 FOOD AND DRUG ADMINISTRATION, REGION 1 Activity and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, DISTRICT 1 Labor Organization/Petitioner Case No. 1-CU-23 DECISION AND ORDER ON PETITION FOR CLARIFICATION OF UNIT UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY UNDER SECTION 7111(B) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (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, THE AUTHORITY FINDS: THE PETITIONER, THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, DISTRICT 1 (AFGE), SEEKS TO CLARIFY AN EXISTING EXCLUSIVELY RECOGNIZED UNIT OF ALL NON-SUPERVISORY, NON-PROFESSIONAL AND PROFESSIONAL EMPLOYEES OF THE ACTIVITY, THE FOOD AND DRUG ADMINISTRATION, REGION 1 /1/ (FDA) TO DETERMINE WHETHER CERTAIN EMPLOYEES SHOULD BE INCLUDED IN THE UNIT. SPECIFICALLY, THE AFGE SEEKS A DETERMINATION THAT INCUMBENTS IN EIGHT SECRETARIAL POSITIONS ARE IN THE UNIT. THE ACTIVITY CONTENDS THAT THE EMPLOYEES IN DISPUTE SHOULD BE EXCLUDED FROM THE UNIT AS CONFIDENTIAL EMPLOYEES. AT ISSUE ARE THE SECRETARY (TYPING) TO THE ADMINISTRATIVE OFFICER OF THE BOSTON DISTRICT OFFICE, GS-318-05; SECRETARY (STENOGRAPHER) TO THE DISTRICT SCIENCE DIRECTOR, GS-318-06; SECRETARY (DICTATING MACHINE AND TRANSCRIBING-DMT) TO THE DISTRICT DIRECTOR, GS-318-06; SECRETARY (TYPING) TO THE DISTRICT INVESTIGATIONS DIRECTOR, GS-318-06; SECRETARY (DMT) TO THE ANALYTICAL DIRECTOR, WINCHESTER ENGINEERING AND ANALYTICAL CENTER (WEAC), GS-318-05; SECRETARY (DMT) TO THE ENGINEERING DIRECTOR, WEAC, GS-318-05; SECRETARY (TYPING) TO THE ADMINISTRATIVE OFFICER, WEAC, GS-318-04; AND SECRETARY (STENOGRAPHER) TO THE WEAC CENTER DIRECTOR, GS-318-05. THE UNITED STATES FOOD AND DRUG ADMINISTRATION, BOSTON DISTRICT IS THE SOLE DISTRICT WITHIN REGION 1 OF THE FDA. THE REGIONS ARE UNDER THE EXECUTIVE DIRECTOR OF REGIONAL OPERATIONS AND EACH REGION IS HEADED BY A REGIONAL DIRECTOR. REGION 1 IS DIVIDED INTO TWO FUNCTIONAL UNITS, THE BOSTON DISTRICT OFFICE AND THE WINCHESTER ENGINEERING AND ANALYTICAL CENTER, EACH HEADED BY A DIRECTOR WHO IS UNDER THE AUTHORITY OF THE REGIONAL DIRECTOR. THE BOSTON DISTRICT OFFICE, WHICH IS SUPERVISED BY THE DISTRICT DIRECTOR, IS THE BASIC OPERATING ARM OF THE FIELD FORCES AND IS COMPOSED OF FOUR BRANCHES: AN INVESTIGATIVE BRANCH, A SCIENCE BRANCH, A COMPLIANCE BRANCH, AND AN ADMINISTRATIVE MANAGEMENT OFFICE. EACH OF THE THREE BRANCHES IS HEADED BY A DIRECTOR; THE ADMINISTRATIVE MANAGEMENT OFFICE IS SUPERVISED BY AN ADMINISTRATIVE OFFICER. WEAC ACTS AS A NATIONAL RESOURCE FOR THE ENTIRE AGENCY. THE ANALYTICAL CENTER OF WEAC ANALYZES VARIOUS TYPES OF PRESCRIPTION DRUGS INCLUDING RADIOACTIVE MATERIAL; THE ENGINEERING PORTION OF THE FACILITY WORKS ON MEDICAL DEVICES AND RADIATION EMITTING INSTRUMENTS. THE ADMINISTRATIVE MANAGEMENT OFFICE COMPLETES THE STRUCTURE OF WEAC. THE RECORD INDICATES THAT THE EMPLOYEES OF REGION 1 ARE ASSIGNED TO THREE SEPARATE LOCATIONS. THE DISTRICT DIRECTOR WITH 167 EMPLOYEES, THE ADMINISTRATIVE OFFICER OF THE BOSTON DISTRICT OFFICE WITH 16 EMPLOYEES, AND THE SCIENCE DIRECTOR WITH 35 EMPLOYEES HAVE OFFICES AT ONE LOCATION WITHIN BOSTON. IN A SEPARATE BOSTON LOCATION IS THE INVESTIGATIONS DIRECTOR WITH 87 EMPLOYEES. FINALLY, THE CENTER DIRECTOR WITH 70 EMPLOYEES, THE ADMINISTRATIVE OFFICER WITH 16 EMPLOYEES, THE ANALYTICAL DIRECTOR WITH 21 EMPLOYEES, AND THE ENGINEERING DIRECTOR WITH 30 EMPLOYEES ARE LOCATED IN WINCHESTER. AS DESCRIBED HEREIN, EACH OF THESE INDIVIDUALS HAS FUNCTIONAL INDEPENDENCE FROM THE OTHER. THE EIGHT EMPLOYEES AT ISSUE HEREIN ARE SECRETARIES TO VARIOUS OFFICIALS OF THE DISTRICT AND WEAC. 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 ISSUE PRESENTED IN EACH OF THE EIGHT INSTANCES HEREIN THUS IS WHETHER THE EMPLOYEE IN DISPUTE ACTS IN A CONFIDENTIAL CAPACITY TO AN INDIVIDUAL WHO FORMULATES OR EFFECTUATES MANAGEMENT POLICIES IN THE FIELD OF LABOR-MANAGEMENT RELATIONS, AND IF SO, WHETHER THE EMPLOYEE ACTS IN A CONFIDENTIAL CAPACITY TO SUCH INDIVIDUAL WHEN THE LATTER IS PERFORMING DUTIES IN THE FIELD OF LABOR-MANAGEMENT RELATIONS. RED RIVER ARMY DEPOT, TEXARKANA, TEXAS, 2 FLRA NO. 82(1980). SECRETARY (TYPING, GS-318-05. HELENA DELORY HOLDS THE POSITION OF SECRETARY (TYPING), GS-318-05, IN THE ADMINISTRATIVE MANAGEMENT OFFICE WITHIN THE BOSTON DISTRICT OFFICE AND IS THE SECRETARY TO THE ADMINISTRATIVE OFFICER, MARY E. KELLY. /2/ DELORY PERFORMS THE ADMINISTRATIVE AND SECRETARIAL DUTIES FOR THE ADMINISTRATIVE OFFICER. MARY E. KELLY IS RESPONSIBLE FOR THE SUPERVISION OF HER BRANCH AND IS THE FINAL SELECTING OFFICER WITHIN HER BRANCH CONCERNING PROMOTIONS AND ADVERSE ACTIONS AND SHE MAY ADJUST GRIEVANCES AS THE SECOND LEVEL OFFICIAL IN THE NEGOTIATED GRIEVANCE PROCEDURE. MARY E. KELLY TESTIFIED THAT THE ADMINISTRATIVE MANAGEMENT OFFICE HAS SUBMITTED WRITTEN COMMENTS FOR UPCOMING CONTRACT NEGOTIATIONS AND KELLY HAS CONTRIBUTED WRITTEN COMMENTS FOR UNION-MANAGEMENT MEETINGS WHICH DELORY TYPED. THE ADMINISTRATIVE OFFICER FURTHER TESTIFIED THAT WHEN SHE WAS WITHOUT AN ADMINISTRATIVE ASSISTANT FOR A YEAR, SHE RELIED HEAVILY ON THE RECOMMENDATIONS OF DELORY BECAUSE DELORY HAD A MANAGEMENT BACKGROUND. KELLY STATED THAT SHE WOULD CONSULT DELORY AND STILL DOES SO ON ISSUES PERTAINING TO PERSONNEL ACTIONS. THE RECORD ALSO SHOWS THAT DELORY HAS ATTENDED ADMINISTRATIVE STAFF MEETINGS AND HAS SAT IN ON CERTAIN REGULARLY SCHEDULED MANAGEMENT TELEPHONE CONVERSATIONS WHEN BOTH KELLY AND HER ADMINISTRATIVE ASSISTANT WERE UNAVAILABLE. KELLY ALSO KEEPS DELORY ADVISED AS TO THE ISSUES FROM SUCH MEETINGS. ALL PERSONNEL ACTIONS OF THE BOSTON DISTRICT OFFICE ARE PROCESSED THROUGH THIS OFFICE AND DELORY HAS ACCESS TO LOCKED FILES WHICH CONTAIN THESE MATERIALS AND OTHER CONFIDENTIAL LABOR RELATIONS MATERIALS. DELORY OPENS ALL MAIL INCLUDING THAT RELATING TO CONFIDENTIAL LABOR RELATIONS MATTERS. BASED UPON THE RECORD WHICH ESTABLISHES THAT MARY E. KELLY ADJUSTS GRIEVANCES, PROVIDES COMMENTS FOR CONTRACT NEGOTIATIONS AND UNION-MANAGEMENT MEETINGS, AND IS RESPONSIBLE FOR THE SUPERVISION OF THE ADMINISTRATIVE MANAGEMENT OFFICE, THE AUTHORITY CONCLUDES THAT MARY E. KELLY IS AN INDIVIDUAL WHO EFFECTUATES MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT RELATIONS. THE RECORD FURTHER ESTABLISHES THAT AS SECRETARY TO KELLY, DELORY PERFORMS ALL OF THE TYPING FOR KELLY INCLUDING THAT RELATING TO THE CONFIDENTIAL LABOR RELATIONS MATTERS REFERRED TO ABOVE, ATTENDS STAFF MEETINGS, SITS IN OR REGULARLY SCHEDULED MANAGEMENT TELEPHONE CONVERSATIONS, AND MAINTAINS AND HAS ACCESS TO THE FILES WHICH CONTAIN CONFIDENTIAL LABOR RELATIONS MATERIALS. BASED UPON THE FOREGOING, THE AUTHORITY FINDS THAT HELENA DELORY ACTS IN A CONFIDENTIAL CAPACITY TO KELLY WHEN SHE EFFECTUATES MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT RELATIONS. ACCORDINGLY, THE AUTHORITY SHALL EXCLUDE DELORY FROM THE CERTIFIED UNIT REPRESENTED BY AFGE AS A CONFIDENTIAL EMPLOYEE DEFINED BY SECTION 7103(A)(13) OF THE STATUTE. SECRETARY (STENOGRAPHER), GS-318-06. DIANE KELLY OCCUPIES THE POSITION OF SECRETARY (STENOGRAPHER), GS-318-06, AND IS THE SECRETARY TO THE SCIENCE DIRECTOR OF THE BOSTON DISTRICT OFFICE, LOUIS L. GERSHMAN. KELLY DOES ALL OF THE TYPING FOR THE ENTIRE LABORATORY. THE DIRECTOR OF THE SCIENCE BRANCH ESTABLISHES WORKING CONDITIONS AND HAS OVERALL PERSONNEL ADMINISTRATIVE RESPONSIBILITIES FOR HIS BRANCH INCLUDING THE REVIEW OF EMPLOYEE PERSONNEL APPRAISALS AND THE AUTHORITY TO ADJUST FORMAL GRIEVANCES. AS THE REGIONAL INCENTIVE AWARDS OFFICER HE REVIEWS ALL SUCH AWARDS WITHIN THE REGION. GERSHMAN HAS ATTENDED LABOR-MANAGEMENT MEETINGS IN THE PAST FOUR YEARS. GERSHMAN, AS A BRANCH CHIEF, HAS BEEN REQUESTED TO SUBMIT COMMENTS ON THE UPCOMING CONTRACT NEGOTIATIONS. AS A RESULT OF THE LATTER ACTIVITIES, KELLY'S DUTIES INCLUDE HANDLING ALL CORRESPONDENCE AND TYPING FOR THE BRANCH AND MAINTAINING AND HAVING ACCESS TO FILES WHICH CONTAIN MATERIALS RELATING TO DISCIPLINARY ACTIONS, GRIEVANCES, AND EMPLOYEE APPRAISALS. AS NOTED, GERSHMAN IS RESPONSIBLE FOR THE OVERALL SUPERVISION OF THE SCIENCE BRANCH AND IS INVOLVED IN GRIEVANCES, PERSONNEL APPRAISALS AND THE REVIEW OF ALL REGION 1 INCENTIVE AWARDS. IN ADDITION, HE ATTENDS LABOR-MANAGEMENT MEETINGS AND HAS BEEN REQUESTED TO SUBMIT COMMENTS FOR CONTRACT NEGOTIATIONS. THE AUTHORITY THEREFORE CONCLUDES THAT GERSHMAN EFFECTUATES MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT RELATIONS. THE RECORD SUBSTANTIATES FURTHER THAT AS SECRETARY TO GERSHMAN, KELLY TYPES AND HAS ACCESS TO CONFIDENTIAL LABOR RELATIONS MATERIALS. BASED UPON THE FOREGOING, THE AUTHORITY FINDS THAT DIANE KELLY ACTS IN A CONFIDENTIAL CAPACITY TO GERSHMAN WITHIN THE MEANING OF SECTION 7103(A)(13) OF THE STATUTE AND SHOULD BE EXCLUDED FROM THE CERTIFIED UNIT. SECRETARY, (DMT), GS-318-06. MARY CROSSEN HOLDS THE POSITION OF SECRETARY (DMT), GS-318-06, AND IS THE SECRETARY TO THE DISTRICT DIRECTOR OF THE BOSTON DISTRICT OFFICE, FREDRICK R. CARLSON. CROSSEN IS ALSO THE BACKUP SECRETARY TO THE REGIONAL DIRECTOR. SHE PERFORMS ADMINISTRATIVE AND SECRETARIAL DUTIES FOR THE DISTRICT DIRECTOR. AS A RESULT SHE TYPES MEMORANDA TO HIS BRANCH CHIEFS SOLICITING IDEAS FOR THE UPCOMING CONTRACT NEGOTIATIONS WITH AFGE, AND OTHER CONFIDENTIAL LABOR RELATIONS MEMORANDA AND CORRESPONDENCE, SOME OF WHICH RELATE TO CARLSON'S ROLE AS THE CHIEF OF THE MANAGEMENT NEGOTIATING TEAM AND AS CHIEF LABOR RELATIONS REPRESENTATIVE FOR FDA, REGION 1. CROSSEN ALSO TYPES THE MINUTES FROM LABOR-MANAGEMENT MEETINGS CARLSON ATTENDS AND SHE IS THE ONLY ONE OTHER THAN CARLSON WHO HAS ACCESS TO THE UNION FILE WHICH CONTAINS THE CONFIDENTIAL LABOR RELATIONS MATERIALS AS WELL AS THE GENERAL FILES. CARLSON ULTIMATELY IS RESPONSIBLE FOR ESTABLISHING THE WORKING CONDITIONS AND THE OVERALL SUPERVISION OF THE BOSTON DISTRICT OFFICE AND HE IS THE DECIDING OFFICIAL IN THE NEGOTIATED GRIEVANCE PROCEDURE. CONSEQUENTLY CROSSEN IS PRIVY TO MANAGEMENT'S POSITION BEFORE IT BECOMES FINAL SINCE SHE TYPES ANY RESPONSE OR CORRESPONDENCE THAT THE DISTRICT DIRECTOR WOULD ISSUE. FURTHERMORE, CROSSEN OPENS ALL MAIL AND CORRESPONDENCE THAT COMES TO THE DISTRICT DIRECTOR GENERALLY. AS BACKUP SECRETARY TO THE REGIONAL DIRECTOR'S SECRETARY, CROSSEN OCCASIONALLY SITS IN ON STAFF MEETINGS AND TAKES NOTES. SUCH STAFF NOTES ARE CONFIDENTIAL PRIOR TO THEIR PUBLICATION AND DISTRIBUTION TO ALL EMPLOYEES. BASED UPON CARLSON'S DUTIES AS THE CHIEF OF THE MANAGEMENT NEGOTIATING TEAM AND AS THE CHIEF LABOR RELATIONS REPRESENTATIVE FOR FDA, REGION 1, THE AUTHORITY CONCLUDES THAT CARLSON IS AN INDIVIDUAL WHO FORMULATES MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT RELATIONS. FURTHER, THE AUTHORITY ALSO CONCLUDES THAT CARLSON EFFECTUATES MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT RELATIONS DUE TO HIS RESPONSIBILITIES AS DISTRICT DIRECTOR WHICH INVOLVE THE SUPERVISION OF THE BOSTON DISTRICT OFFICE AND ADJUSTING GRIEVANCES. BASED UPON CROSSEN'S DUTIES AS SECRETARY TO CARLSON WHICH INCLUDE TYPING CONFIDENTIAL LABOR RELATIONS MATERIALS SUCH AS MEMORANDA TO HIS BRANCH CHIEFS AND MAINTAINING THE FILES WHICH INCLUDE CONFIDENTIAL LABOR RELATIONS MATERIALS, THE AUTHORITY FINDS THAT MARY CROSSEN IS A CONFIDENTIAL EMPLOYEE TO CARLSON WHEN HE FORMULATES AND EFFECTUATES MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT RELATIONS. ACCORDINGLY, THE AUTHORITY SHALL EXCLUDE CROSSEN FROM THE CERTIFIED UNIT. SECRETARY (TYPING), GS-318-06. PRISCILLA HARRIS HOLDS THE POSITION OF SECRETARY (TYPING), GS-318-06, AND IS SECRETARY TO THE DIRECTOR OF INVESTIGATIONS OF THE BOSTON DISTRICT OFFICE, EARL V. BURTON. HARRIS DOES ALL OF THE TYPING FOR THE DIRECTOR. THE DIRECTOR IS INVOLVED IN SUCH MATTERS AS RECOMMENDATIONS REGARDING PROMOTIONS, GRIEVANCES, EMPLOYEE APPRAISALS AND DISCIPLINARY ACTIONS, ALL OF WHICH DUTIES RESULT FROM HIS PRIMARY RESPONSIBILITY FOR THE SUPERVISION OF THE INVESTIGATIVE BRANCH. BURTON TESTIFIED THAT HE HAS BEEN INVOLVED IN FROM FOUR TO SIX GRIEVANCES IN THE PAST SEVEN YEARS. BURTON HAS BEEN REQUESTED TO SUBMIT COMMENTS FOR THE UPCOMING CONTRACT NEGOTIATIONS. BASED UPON BURTON'S RESPONSIBILITIES REGARDING PROMOTIONS, ON GRIEVANCES, EMPLOYEE APPRAISALS, DISCIPLINARY ACTIONS, AND THE OVERALL SUPERVISION OF THE INVESTIGATIVE BRANCH, AS WELL AS COMMENTING ON CONTRACT NEGOTIATIONS, THE AUTHORITY CONCLUDES THAT BURTON IS AN INDIVIDUAL WHO EFFECTUATES MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT RELATIONS. AS NOTED, HARRIS TYPES CONFIDENTIAL LABOR RELATIONS MATERIALS, OPENS MAIL AND HAS ACCESS TO FILES WHICH CONTAIN CONFIDENTIAL LABOR RELATIONS MATERIALS. BASED UPON THE FOREGOING, THE AUTHORITY FINDS THAT PRISCILLA HARRIS ACTS IN A CONFIDENTIAL CAPACITY TO BURTON WHEN HE EFFECTUATES MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT RELATIONS AND SHOULD BE EXCLUDED FROM THE CERTIFIED UNIT. SECRETARY (DMT), GS-318-05. MARGARET COMEAU OCCUPIES THE POSITION OF SECRETARY (DMT), GS-318-05. SHE IS THE SECRETARY TO THE DIRECTOR OF THE ANALYTICAL BRANCH OF WEAC, JAMES W. FITZGERALD. COMEAU PERFORMS ALL OF THE ADMINISTRATIVE AND SECRETARIAL DUTIES, MOST OF WHICH INVOLVE TYPING, FOR THE DIRECTOR. FITZGERALD'S DUTIES CONSIST PRIMARILY OF THE SUPERVISION OF THE ANALYTICAL BRANCH. HE TESTIFIED THAT HE WAS WRITTEN COMMENTS ON FLEXTIME POLICY AND THE STRIKE CONTINGENCY PLAN, AND THAT HE HAS BEEN REQUESTED TO SUBMIT COMMENTS ON THE UPCOMING CONTRACT NEGOTIATIONS; ALL OF THIS WORK HAS BEEN TYPED BY COMEAU. HE ALSO HAS BEEN INVOLVED IN LABOR-MANAGEMENT MATTERS WITHIN HIS BRANCH SUCH AS GRIEVANCES, EMPLOYEE APPRAISALS, AND DISCIPLINARY ACTIONS. AS SECRETARY TO THE DIRECTOR, COMEAU OPENS ALL MAIL AND MAINTAINS GENERAL FILES. SHE HAS RECENTLY ATTENDED MEETINGS BETWEEN FITZGERALD AND HIS SUPERVISORS. BASED UPON THE RECORD WHICH DISCLOSES THAT FITZGERALD'S DUTIES CONSIST OF WRITING COMMENTS ON FLEXTIME POLICY AND THE STRIKE CONTINGENCY PLAN AND SUBMITTING COMMENTS ON THE UPCOMING CONTRACT NEGOTIATIONS, AS WELL AS BEING INVOLVED IN OTHER LABOR-MANAGEMENT MATTERS SUCH AS GRIEVANCES, EMPLOYEE APPRAISALS AND DISCIPLINARY ACTIONS, THE AUTHORITY CONCLUDES THAT FITZGERALD EFFECTUATES MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT RELATIONS. AS SECRETARY TO FITZGERALD, COMEAU PERFORMS ALL OF HIS TYPING INCLUDING THE ABOVE CONFIDENTIAL LABOR RELATIONS MATTERS, OPENS ALL MAIL AND MAINTAINS GENERAL FILES WHICH CONTAIN CONFIDENTIAL LABOR RELATIONS MATERIALS AND ATTENDS STAFF MEETINGS. BASED UPON THE FOREGOING, THE AUTHORITY FINDS THAT MARGARET COMEAU ACTS IN A CONFIDENTIAL CAPACITY TO AN INDIVIDUAL WHO EFFECTUATES MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT RELATIONS AND SHOULD BE EXCLUDED FROM THE EXCLUSIVE BARGAINING UNIT. SECRETARY (DMT), GS-318-05. JANICE ROLLINS OCCUPIES THE POSITION OF SECRETARY (DMT), GS-318-05, AND IS SECRETARY TO THE DIRECTOR OF THE ENGINEERING BRANCH OF WEAC, BRUCE BURNETT. SHE PERFORMS ADMINISTRATIVE AND SECRETARIAL DUTIES FOR THE DIRECTOR. BURNETT IS RESPONSIBLE FOR THE SUPERVISION OF THE ENGINEERING BRANCH AND IS INVOLVED IN LABOR RELATIONS MATTERS WHICH INCLUDE DISCIPLINARY ACTIONS, GRIEVANCES, AND EMPLOYEE APPRAISALS. CONSEQUENTLY ROLLINS HAS ON OCCASION TYPED MATERIALS CONCERNING DISCIPLINARY ACTIONS, GRIEVANCES, AND EMPLOYEE APPRAISALS. ROLLINS ALSO HAS TYPED BURNETT'S COMMENTS ON THE UPCOMING CONTRACT NEGOTIATIONS, A COPY OF WHICH IS MAINTAINED IN THE FILES TO WHICH SHE HAS ACCESS. BASED UPON THE DUTIES OF THE ENGINEERING DIRECTOR WHICH INVOLVE THE SUPERVISION OF THE ENGINEERING BRANCH AND OTHER LABOR RELATION MATTERS SUCH AS DISCIPLINARY ACTIONS, GRIEVANCES, EMPLOYEE APPRAISALS, AND COMMENTING ON CONTRACT NEGOTIATIONS, THE AUTHORITY CONCLUDES THAT BURNETT EFFECTUATES MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT RELATIONS. IN HER WORK AS SECRETARY TO BURNETT, ROLLINS HAS TYPED CONFIDENTIAL LABOR RELATIONS MATERIALS SUCH AS THOSE ALLUDED TO ABOVE AND MAINTAINS AND HAS ACCESS TO FILES CONTAINING CONFIDENTIAL LABOR RELATIONS MATERIALS. BASED UPON THE FOREGOING, THE AUTHORITY FINDS THAT JANICE ROLLINS IS A CONFIDENTIAL EMPLOYEE TO BURNETT WHEN HE EFFECTUATES MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT RELATIONS AND SHOULD BE EXCLUDED FROM THE EXCLUSIVE BARGAINING UNIT. SECRETARY (TYPING), GS-318-04. SUSAN CAROLL HAS BEEN ON TEMPORARY ASSIGNMENT FOR LESS THAN A YEAR IN THE POSITION OF SECRETARY (TYPING), GS-318-04. DURING THIS TIME, SHE IS THE SECRETARY TO THE ADMINISTRATIVE OFFICER OF THE ADMINISTRATIVE MANAGEMENT BRANCH OF WEAC, CLAIRE M. O'KEEFE, AND SHE PERFORMS MOST OF THE TYPING FOR THE ADMINISTRATIVE OFFICER. O'KEEFE IS RESPONSIBLE FOR THE SUPERVISION OF HER BRANCH, AND THE PROCESSING OF ALL PERSONNEL ACTIONS SUCH AS INCENTIVE AWARDS RECOMMENDATIONS AND DISCIPLINARY ACTIONS WITHIN WEAC. SHE TESTIFIED THAT ALL CONFIDENTIAL LABOR RELATIONS MATERIALS INCLUDING INDIVIDUAL EMPLOYEE PERSONNEL RECORDS ARE MAINTAINED IN LOCKED FILES AND CAROLL HAS ACCESS TO THEM. ALSO, AS A MEMBER OF THE 1972 NEGOTIATING TEAM, O'KEEFE HAS MAINTAINED A UNION FILE WHICH HOLDS RECORDS OF THOSE NEGOTIATIONS AND CAROLL HAS ACCESS TO THIS FILE. LIKE OTHER BRANCH CHIEFS, O'KEEFE HAS BEEN ASKED TO COMMENT ON THE UPCOMING CONTRACT NEGOTIATIONS AND CAROLL TYPED HER COMMENTS. O'KEEFE FURTHER TESTIFIED THAT CAROLL TYPES OTHER CONFIDENTIAL LABOR RELATIONS MATERIALS CONCERNING PERSONNEL SUCH AS WEEKLY STAFFING REPORTS, QUARTERLY AFFIRMATIVE ACTION REPORTS, HANDICAP STATISTICS AND MINORITY STATISTICS WHICH GO DIRECTLY TO HIGHER MANAGEMENT, AND MATERIALS RELATING TO THE MERIT PROMOTION PLAN. AS A RESULT CAROLL IS GENERALLY PRIVY TO MANAGEMENT'S POSITION PRIOR TO ITS ANNOUNCEMENT. O'KEEFE ALSO TESTIFIED THAT CAROLL DOES SOME OF THE CONFIDENTIAL LABOR RELATIONS MATERIALS. THE EVIDENCE ESTABLISHES THAT O'KEEFE'S DUTIES AS THE ADMINISTRATIVE OFFICER OF WEAC INCLUDE SUPERVISING THE ADMINISTRATIVE MANAGEMENT OFFICE AND PROCESSING ALL PERSONNEL ACTIONS WITHIN WEAC. SHE HAS BEEN A MEMBER OF THE MANAGEMENT NEGOTIATION TEAM AND HAS BEEN ASKED TO COMMENT ON CONTRACT NEGOTIATIONS. BASED UPON THE FOREGOING, THE AUTHORITY CONCLUDES THAT CLAIRE M. O'KEEFE IS AN INDIVIDUAL WHO EFFECTUATES MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT RELATIONS. THE AUTHORITY FINDS THAT CAROLL ACTS IN A CONFIDENTIAL CAPACITY TO O'KEEFE WHEN SHE EFFECTUATES MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT RELATIONS IN THAT IN HER TEMPORARY POSITION SHE TYPES AND HAS ACCESS TO CONFIDENTIAL LABOR RELATIONS MATERIALS, PREPARES STATISTICAL REPORTS AND DOES RESEARCH INVOLVING PERSONNEL AND OTHER CONFIDENTIAL LABOR RELATIONS MATTERS FOR O'KEEFE. THE AUTHORITY FINDS THEREFORE THAT SUSAN CAROLL SHOULD BE EXCLUDED FROM THE CERTIFIED UNIT WHILE SHE IS IN THE POSITION OF SECRETARY TO THE ADMINISTRATIVE OFFICER AS DESCRIBED ABOVE. SECRETARY (STENOGRAPHER), GS-318-05. GAIL LEBLANC OCCUPIES THE POSITION OF SECRETARY (STENOGRAPHER), GS-318-05, AND IS THE SECRETARY TO THE CENTER DIRECTOR, PAUL C. BOLIN. LEBLANC DOES ALL OF THE TYPING FOR THE CENTER DIRECTOR. BOLIN IS RESPONSIBLE FOR THE THREE BRANCHES, ENGINEERING, ANALYTICAL AND ADMINISTRATIVE. BOLIN ALSO IS THE DECIDING OFFICIAL IN THE FORMAL GRIEVANCE PROCEDURE WITHIN WEAC AS WELL AS THE REVIEWING OFFICIAL OF ALL PERFORMANCE APPRAISALS. BOLIN TESTIFIED THAT HE HAS BEEN PRIVY TO LABOR-MANAGEMENT NEGOTIATIONS DURING THE PAST TWO YEARS. BOLIN IS ALSO THE SPOKESMAN FOR WEAC TO THE LOCAL UNION REPRESENTATIVE. LEBLANC'S DUTIES INCLUDE ATTENDING STAFF MEETINGS BOLIN HAS WITH HIS BRANCH CHIEFS WHICH MAY INVOLVE PERSONNEL OR OTHER CONFIDENTIAL LABOR RELATIONS MATTERS, AND SHE TAKES NOTES WHICH ARE NOT DISTRIBUTED TO THE UNION. SHE OPENS ALL MAIL EXCEPT THAT WHICH REQUIRES SECURITY CLEARANCE AND SHE HAS ACCESS TO THE FILES WHICH CONTAIN CONFIDENTIAL LABOR RELATIONS MATERIALS. LEBLANC IS PRIVY TO MANAGEMENT'S POSITION BEFORE IT IS ANNOUNCED AS WELL AS WEAC'S PRIORITIES SUCH AS RESTRICTIONS ON TRAVEL FUNDS AND AFFIRMATIVE ACTION PLANS. AS CENTER DIRECTOR OF WEAC, THE EVIDENCE SUBSTANTIATES THAT BOLIN'S DUTIES INVOLVE THE SUPERVISION OF WEAC, LABOR-MANAGEMENT NEGOTIATIONS FOR WEAC AND ACTING AS THE SPOKESMAN FOR WEAC TO THE LOCAL UNION REPRESENTATIVE. BASED UPON THE FOREGOING, THE AUTHORITY CONCLUDES THAT BOLIN IS AN INDIVIDUAL WHO FORMULATES MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT RELATIONS. FURTHER, DUE TO HIS INVOLVEMENT IN THE FORMAL GRIEVANCE PROCEDURE AND IN OTHER LABOR-MANAGEMENT MATTERS SUCH AS PERFORMANCE APPRAISALS, THE AUTHORITY ALSO CONCLUDES THAT BOLIN EFFECTUATES MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT RELATIONS. AS SECRETARY TO BOLIN, LEBLANC PERFORMS ALL OF THE TYPING FOR BOLIN INCLUDING THAT RELATING TO CONFIDENTIAL LABOR RELATIONS MATTERS, ATTENDS AND TAKES NOTES AT STAFF MEETINGS WHICH MAY INVOLVE CONFIDENTIAL LABOR RELATIONS MATTERS, OPENS ALL MAIL EXCEPT THAT REQUIRING A SECURITY CLEARANCE, AND MAINTAINS FILES WHICH MAY CONTAIN CONFIDENTIAL LABOR RELATIONS MATERIALS. BASED UPON THE FOREGOING, THE AUTHORITY FINDS THAT GAIL LEBLANC ACTS IN A CONFIDENTIAL CAPACITY TO BOLIN WHEN HE FORMULATES AND EFFECTUATES MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT RELATIONS AND SHOULD BE EXCLUDED FROM THE EXCLUSIVE BARGAINING UNIT. ACCORDINGLY, THE INCUMBENTS IN THOSE POSITIONS UNDER CONTENTION HEREIN ARE "CONFIDENTIAL EMPLOYEES" WITHIN THE MEANING OF THE STATUTE AND THEREFORE SHOULD BE EXCLUDED FROM THE CERTIFIED UNIT. ORDER IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED, FOR WHICH THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, DISTRICT 1, WAS CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE IN 1967, BE, AND IT HEREBY IS, CLARIFIED BY EXCLUDING FROM SAID UNIT AS CONFIDENTIAL EMPLOYEES THE INCUMBENTS IN THE POSITIONS OF SECRETARY (TYPING), GS-318-05, TO THE ADMINISTRATIVE OFFICER OF THE BOSTON DISTRICT OFFICE; SECRETARY (STENOGRAPHER), GS-318-06, TO THE SCIENCE DIRECTOR OF THE BOSTON DISTRICT OFFICE; SECRETARY (DMT), GS-318-06, TO THE DISTRICT DIRECTOR OF THE BOSTON DISTRICT OFFICE; SECRETARY (TYPING), GS-318-06, TO THE DIRECTOR OF INVESTIGATIONS OF THE BOSTON DISTRICT OFFICE; SECRETARY (DMT), GS-318-05, TO THE ANALYTICAL DIRECTOR OF THE WINCHESTER ENGINEERING AND ANALYTICAL CENTER; SECRETARY (DMT), GS-318-05, TO THE ENGINEERING DIRECTOR OF THE WINCHESTER ENGINEERING AND ANALYTICAL CENTER; SECRETARY (TYPING), GS-318-04, TO THE ADMINISTRATIVE OFFICER OF THE WINCHESTER ENGINEERING AND ANALYTICAL CENTER; AND SECRETARY (STENOGRAPHER), GS-318-05, TO THE CENTER DIRECTOR OF THE WINCHESTER ENGINEERING AND ANALYTICAL CENTER. ISSUED, WASHINGTON, D.C., JULY 1, 1981 RONALD W. HAUGHTON, CHAIRMAN HENRY B. FRAZIER III, MEMBER LEON B. APPLEWHAITE, MEMBER FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES: --------------- /1/ AFGE ORIGINALLY WAS RECOGNIZED AS THE EXCLUSIVE REPRESENTATIVE OF EMPLOYEES OF THE UNITED STATES FOOD AND DRUG ADMINISTRATION-- BOSTON DISTRICT, EXCLUDING MANAGEMENT OFFICIALS, SUPERVISORS, GUARDS, AND EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY AS DEFINED IN THE ORDER. SUBSEQUENTLY, IT APPEARS THAT IS WAS REDESIGNATED AS THE BOSTON FIELD OFFICE, AND LATER, THE BOSTON REGIONAL FIELD OFFICE. THE EMPLOYEES OF THE WINCHESTER ENGINEERING AND ANALYTICAL CENTER (WEAC) WERE ACCRETED TO THE REGIONAL FIELD OFFICE UNIT. DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, FOOD AND DRUG ADMINISTRATION, REGION I, BOSTON REGIONAL FIELD OFFICE, BOSTON, MASSACHUSETTS, 7 A/SLMR 319(1977). THE PETITION HEREIN DESCRIBES THE PRESENT UNIT AS ALL EMPLOYEES OF THE BOSTON REGIONAL OFFICE, DISTRICT OFFICE AND WINCHESTER ENGINEERING ANALYTICAL CENTER. /2/ AT THE HEARING THE PARTIES STIPULATED THAT THE FACTS WERE NOT IN DISPUTE AS TO THE SECRETARY TO THE ADMINISTRATIVE OFFICER OF THE BOSTON DISTRICT OFFICE; THE SECRETARY OF THE ADMINISTRATIVE OFFICER, WEAC; AND THE SECRETARY TO THE CENTER DIRECTOR, WEAC. THESE FACTS WERE DEVELOPED BY THE TESTIMONY OF THE ADMINISTRATIVE OFFICER OF THE BOSTON DISTRICT OFFICE; THE ADMINISTRATIVE OFFICER, WEAC; AND THE CENTER DIRECTOR, WEAC, RESPECTIVELY.