[ v09 p109 ]
09:0109(14)CU
The decision of the Authority follows:
9 FLRA No. 14
DEPARTMENT OF THE INTERIOR,
BUREAU OF MINES,
TWIN CITIES RESEARCH CENTER,
TWIN CITIES, MINNESOTA,
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 2249
Labor Organization/Petitioner
Case No. 5-CU-31
DECISION AND ORDER ON PETITION FOR CLARIFICATION OF UNIT
UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
UNDER SECTION 7111(B)(2) 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. /1/ THE RULINGS ARE HEREBY AFFIRMED.
UPON THE ENTIRE RECORD IN THIS CASE, /2/ THE AUTHORITY FINDS:
THE ACTIVITY, THE TWIN CITIES RESEARCH CENTER OF THE BUREAU OF MINES
(CENTER), IS RESPONSIBLE FOR CONDUCTING RESEARCH PROGRAMS INVOLVING THE
HEALTH AND SAFETY OF MINERS, IMPROVEMENTS IN PRODUCTIVITY IN MINING,
PROTECTION OF THE ENVIRONMENT, AND OTHER RELATED RESEARCH. THE CENTER
IS HEADED BY A RESEARCH DIRECTOR AND A DEPUTY RESEARCH DIRECTOR WHO HAVE
A PROFESSIONAL STAFF THAT INCLUDES AN ASSISTANT TO THE RESEARCH DIRECTOR
AND TWO STAFF ENGINEERS. THE CENTER IS DIVIDED INTO SEVEN DIVISIONS,
EACH HEADED BY A RESEARCH SUPERVISOR WHO IS RESPONSIBLE FOR A SPECIFIC
AREA OF RESEARCH. EACH RESEARCH SUPERVISOR HAS HIS OWN SECRETARY WHO
HANDLES ALL TYPING FOR THE DIVISION. THE ADMINISTRATIVE OFFICE IS
HEADED BY AN ADMINISTRATIVE OFFICER WHO HAS HIS OWN SECRETARY. THE
PERSONNEL OFFICER HAS A PERSONNEL CLERK ON HIS STAFF WHO ALSO ACTS AS
HIS SECRETARY. THE CENTER ALSO EMPLOYS 12 INDIVIDUALS REFERRED TO AS
"FACULTY MEMBERS" ON THE BASIS OF A NONCOMPETITIVE, INTERMITTENT OR WAE
(WHEN ACTUALLY EMPLOYED) APPOINTMENT WHO ARE CALLED ON AS NEEDED FOR
SPECIFIC PROJECTS. THESE INCUMBENTS ARE MEMBERS OF FACULTIES OF VARIOUS
UNIVERSITIES WHO POSSESS ACADEMIC OR RESEARCH CREDENTIALS IN AREAS
OCCASIONALLY REQUIRED BY THE CENTER.
THE PETITIONER, THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
LOCAL 2249, AFL-CIO (AFGE), SEEKS TO CLARIFY AN EXISTING EXCLUSIVELY
RECOGNIZED UNIT OF ALL (APPROXIMATELY 200) NONSUPERVISORY,
NONPROFESSIONAL AND PROFESSIONAL EMPLOYEES OF THE ACTIVITY, TO INCLUDE
THE INCUMBENTS OF 24 POSITIONS IN THE UNIT. THE ACTIVITY CONTENDS THAT
THE INCUMBENTS OF THE DISPUTED POSITIONS ARE EITHER CONFIDENTIAL
EMPLOYEES, INDIVIDUALS ENGAGED IN PERSONNEL WORK IN OTHER THAN A PURELY
CLERICAL CAPACITY, MANAGEMENT OFFICIALS, OR INTERMITTENTLY EMPLOYED
FACULTY MEMBERS WHO LACK A CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST
WITH MEMBERS OF THE BARGAINING UNIT. THE DISPUTED POSITIONS ARE
DISCUSSED BELOW.
SECRETARY (TYPING) TO THE RESEARCH SUPERVISOR FOR FRAGMENTATION AND
COMMINUTION, GS-318-05; SECRETARY (STENOGRAPHY) TO THE SUPERVISOR FOR
MINERALS RECOVERY AND PLANT SAFETY, GS-318-05; SECRETARY (TYPING) TO
THE RESEARCH SUPERVISOR FOR DUST AND EMISSION, GS-318-05; SECRETARY
(TYPING) TO THE RESEARCH SUPERVISOR FOR PREMINING AND ENVIRONMENT,
GS-318-05; SECRETARY (TYPING, DMT) TO THE RESEARCH SUPERVISOR FOR
SURFACE MINING, GS-318-05; SECRETARY (STENOGRAPHY) TO THE RESEARCH
SUPERVISOR FOR LEACHING PROCESSES AND WATER POLLUTION, GS-318-05;
SECRETARY (TYPING) TO THE RESEARCH SUPERVISOR FOR BLASTING TECHNOLOGY
AND IN SITU MINING, GS-318-05; SECRETARY (TYPING) TO THE ADMINISTRATIVE
OFFICER, GS-318-05.
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," AND SECTION 7112(B)(2) PROVIDES THAT A UNIT
CANNOT BE DETERMINED TO BE APPROPRIATE IF IT INCLUDES A "CONFIDENTIAL
EMPLOYEE." THE AUTHORITY FINDS THAT THESE EIGHT SECRETARIES ARE
CONFIDENTIAL EMPLOYEES WITHIN THE MEANING OF SECTION 7103(A)(13) OF THE
STATUTE. THE RECORD ESTABLISHES THAT SEVEN OF THE EIGHT ARE SECRETARIES
TO RESEARCH SUPERVISORS WHO HEAD VARIOUS DIVISIONS WITHIN THE CENTER;
ONE EMPLOYEE IS THE SECRETARY TO THE ADMINISTRATIVE OFFICER WHO HEADS
THE ADMINISTRATIVE OFFICE. THESE OFFICIALS ARE INVOLVED IN PERSONNEL
MATTERS AS THEY ARE RESPONSIBLE FOR THE OVERALL DIRECTION OF THEIR
RESPECTIVE DIVISIONS AND OFFICE INCLUDING THE ADJUSTMENT OF GRIEVANCES
AT THE SECOND LEVEL. THEREFORE, THE AUTHORITY CONCLUDES THAT EACH
OFFICIAL IS AN INDIVIDUAL WHO EFFECTUATES MANAGEMENT POLICY IN THE FIELD
OF LABOR-MANAGEMENT RELATIONS. FOOD AND DRUG ADMINISTRATION, REGION 1,
6 FLRA NO. 38 (1981). FURTHER, EACH OF THE EIGHT EMPLOYEES IN DISPUTE,
AS SECRETARY TO ONE OF THE ABOVE OFFICIALS, PERFORMS ALL OF THE TYPING
FOR THE LATTER, INCLUDING THAT RELATING TO THE CONFIDENTIAL
LABOR-MANAGEMENT MATTERS REFERRED TO ABOVE; HAS ADVANCE NOTICE OF
PERSONNEL ACTIONS; AND MAINTAINS AND HAS ACCESS TO FILES WHICH CONTAIN
CONFIDENTIAL LABOR RELATIONS MATERIALS. BASED UPON THE FOREGOING, THE
AUTHORITY FINDS THAT EACH OF THESE EIGHT EMPLOYEES ACTS IN A
CONFIDENTIAL CAPACITY TO AN INDIVIDUAL WHEN THE LATTER EFFECTUATES
MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT RELATIONS.
ACCORDINGLY, THE AUTHORITY SHALL EXCLUDE THESE EMPLOYEES FROM THE
BARGAINING UNIT.
PERSONNEL CLERK (TYPING), GS-203-04
THE AUTHORITY ALSO FINDS THAT BARBARA A. RAMOS, WHO FUNCTIONS AS THE
SECRETARY TO THE PERSONNEL OFFICER, RONALD G. TROOP, IS A CONFIDENTIAL
EMPLOYEE WITHIN THE MEANING OF SECTION 7103(A)(13). /3/ IN THIS REGARD,
TROOP IS INVOLVED IN PERSONNEL MATTERS AND THE ADJUSTMENT OF GRIEVANCES,
IS RESPONSIBLE FOR THE PERSONNEL OFFICE, AND IS MANAGEMENT'S
REPRESENTATIVE IN LABOR RELATIONS. THEREFORE, THE AUTHORITY CONCLUDES
THAT HE IS AN INDIVIDUAL WHO EFFECTUATES MANAGEMENT POLICY IN THE FIELD
OF LABOR-MANAGEMENT RELATIONS. THE RECORD FURTHER ESTABLISHES THAT
RAMOS PERFORMS ALL THE TYPING FOR TROOP, INCLUDING THAT RELATING TO THE
CONFIDENTIAL LABOR RELATIONS MATTERS REFERRED TO ABOVE; HAS ADVANCE
KNOWLEDGE OF PERSONNEL ACTIONS; HAS ACCESS TO MANAGEMENT'S NEGOTIATION
INFORMATION; AND MAINTAINS AND HAS ACCESS TO THE PERSONNEL FILES WHICH
CONTAIN CONFIDENTIAL LABOR RELATIONS MATERIALS. BASED UPON THE
FOREGOING, THE AUTHORITY CONCLUDES THAT BARBARA A. RAMOS ACTS IN A
CONFIDENTIAL CAPACITY TO RONALD TROOP WHO EFFECTUATES MANAGEMENT POLICY
IN THE FIELD OF LABOR-MANAGEMENT RELATIONS. ACCORDINGLY, THE AUTHORITY
SHALL EXCLUDE RAMOS FROM THE BARGAINING UNIT.
ASSISTANT TO RESEARCH DIRECTOR, GS-1321-14; STAFF ENGINEER,
GS-880-14; AND STAFF ENGINEER, GS-1301(92)-13
THE INCUMBENTS OF THESE POSITIONS ARE ALLEGED BY THE ACTIVITY TO BE
MANAGEMENT OFFICIALS. THE AUTHORITY FINDS THAT WARREN M. MAHAN, THE
ASSISTANT TO THE RESEARCH DIRECTOR, AND ONE OF THE TWO STAFF ENGINEERS,
RICHARD A. DICK, ARE MANAGEMENT OFFICIALS WITHIN THE MEANING OF SECTION
7103(A)(11) OF THE STATUTE. HOWEVER, THE RECORD DOES NOT SUPPORT A
FINDING THAT ROBERT J. WILLARD, THE OTHER STAFF ENGINEER, IS A
MANAGEMENT OFFICIAL, AND HE WILL BE INCLUDED IN THE UNIT.
SECTION 7112(B)(1) OF THE STATUTE PROVIDES THAT A UNIT WILL NOT BE
DETERMINED TO BE APPROPRIATE IF IT INCLUDES ANY MANAGEMENT OFFICIAL.
SECTION 7103(A)(11) DEFINES A "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 AUTHORITY INTERPRETED THE
FOREGOING DEFINITION IN DEPARTMENT OF THE NAVY, AUTOMATIC DATA
PROCESSING SELECTION OFFICE, 7 FLRA NO. 24 (1981), AND CONCLUDED THAT:
(T)HE DEFINITION OF MANAGEMENT OFFICIAL IN SECTION 7103(A)(11) OF THE
STATUTE INCLUDES
THOSE INDIVIDUALS WHO: (1) CREATE, ESTABLISH OR PRESCRIBE GENERAL
PRINCIPLES, PLANS OR
COURSES OF ACTION FOR AN AGENCY; (2) DECIDE UPON OR SETTLE UPON
GENERAL PRINCIPLES, PLAN OR
COURSES OF ACTION FOR AN AGENCY; OR (3) BRING ABOUT OR OBTAIN A
RESULT AS TO THE ADOPTION OF
GENERAL PRINCIPLES, PLANS OR COURSES OF ACTION FOR AN AGENCY.
IN DETERMINING THAT WARREN M. MAHAN IS A MANAGEMENT OFFICIAL, IT IS
NOTED THAT, AS ASSISTANT TO THE RESEARCH DIRECTOR, HE SHARES
RESPONSIBILITY FOR, AND PARTICIPATES IN, ALL TECHNICAL AND
ADMINISTRATIVE FUNCTIONS AS WELL AS THE MANAGEMENT OF ALL ACTIVITIES AT
THE CENTER. MAHAN MAKES INDEPENDENT DECISIONS WITHIN BROAD AGENCY
GUIDELINES AND HIS ACTIONS ARE REVIEWED BY THE RESEARCH DIRECTOR SOLELY
TO CHECK FOR CONSISTENCY WITH ESTABLISHED PROGRAMS. HE ALSO PLANS
RESEARCH PROJECTS WITH THE RESEARCH DIRECTOR AND THE MANAGEMENT STAFF,
MONITORS THE PROJECTS BY EVALUATING REPORTS AND MEETING WITH THE
RESEARCH SUPERVISORS IN CHARGE, AND SERVES AS TECHNICAL ADVISOR TO THE
ENTIRE METALLURGY STAFF AT THE CENTER. IN ADDITION, HIS RECOMMENDATIONS
AND FINDINGS ARE ACCEPTED AS AUTHORITATIVE AND ARE FREQUENTLY
IMPLEMENTED; THUS, HIS JUDGMENTS DIRECTLY INFLUENCE THE FORMULATION AND
DEVELOPMENT OF PROGRAMS AND POLICY. MOREOVER, HE HAS THE AUTHORITY TO
ACT FOR THE RESEARCH DIRECTOR AND THE BUREAU OF MINES AND TO COMMIT
FUNDS AND FACILITIES OF THE BUREAU.
ACCORDINGLY, MAHAN BRINGS ABOUT OR OBTAINS RESULTS AS TO THE ADOPTION
OF PLANS OR COURSES OF ACTION FOR THE BUREAU. IN THIS REGARD, MAHAN'S
FUNCTIONS GO BEYOND THE ROLE OF AN EXPERT OR PROFESSIONAL RENDERING
INFORMATION WITH RESPECT TO POLICIES AND EXTEND TO THE POINT OF
EFFECTIVE PARTICIPATION IN THE ULTIMATE DETERMINATION AS TO WHAT THE
AGENCY'S POLICIES IN FACT WILL BE REGARDING ADMINISTRATIVE AND TECHNICAL
PROGRAMS. ACCORDINGLY, THE AUTHORITY FINDS THAT WARREN M. MAHAN SHOULD
BE EXCLUDED FROM THE EXCLUSIVELY RECOGNIZED UNIT. SEE U.S. COAST GUARD
HEADQUARTERS, WASHINGTON, D.C., 7 FLRA NO. 119 (1982).
IN FINDING THAT STAFF ENGINEER RICHARD A. DICK IS A MANAGEMENT
OFFICIAL, IT IS NOTED THAT, AS THE TECHNOLOGY TRANSFER OFFICER, DICK
SURVEYS THE TECHNOLOGIES THAT ARE DEVELOPED AT THE CENTER AND DETERMINES
WHICH ARE OF USE TO INDUSTRY. IN THIS REGARD, HE USES INDEPENDENT
JUDGMENT AND DISCRETION TO PLAN, BUDGET, SCHEDULE AND IMPLEMENT RESEARCH
AND DEVELOPMENT PROGRAMS. FURTHER, HE DIRECTS THE WORK OF OTHERS TO
INSURE THAT SUCH PROGRAMS ARE COMPLETED IN ACCORDANCE WITH PROGRAM
OBJECTIVES. IN ADDITION, DICK'S RECOMMENDATIONS CARRY CONSIDERABLE
WEIGHT AND ARE GENERALLY IMPLEMENTED, AND, AS A RESULT OF HIS
RECOMMENDATIONS, POLICY DECISIONS ARE MADE THAT HAVE AN EFFECT ON THE
WORKING CONDITIONS OF CENTER EMPLOYEES. THUS, BASED UPON THE FOREGOING,
THE INCUMBENT IS A MANAGEMENT OFFICIAL WITHIN THE AUTHORITY'S
INTERPRETATION OF SECTION 7103(A)(11) IN THAT HE IS MORE THAN AN EXPERT
OR PROFESSIONAL RENDERING RESOURCE INFORMATION BUT RATHER HE BRINGS
ABOUT OR OBTAINS A RESULT AS TO THE ADOPTION OF PLANS OR COURSES OF
ACTION OF THE BUREAU. U.S. COAST GUARD HEADQUARTERS, WASHINGTON, D.C.,
SUPRA. ACCORDINGLY, THE AUTHORITY SHALL EXCLUDE RICHARD A. DICK FROM
THE EXCLUSIVELY RECOGNIZED UNIT.
IN DETERMINING THAT STAFF ENGINEER ROBERT J. WILLARD IS NOT A
MANAGEMENT OFFICIAL, THE AUTHORITY NOTES THAT ALTHOUGH WILLARD HOLDS THE
SAME JOB TITLE AS RICHARD DICK, WILLARD'S POSITION WAS RECENTLY CREATED
PRIMARILY TO PROVIDE ADDITIONAL STAFF SUPPORT IN CONDUCTING RESEARCH
WHENEVER AND WHEREVER IT IS NEEDED AT THE CENTER AND THAT WILLARD
CONSEQUENTLY IS LIMITED TO FUNCTIONING WITHIN PRE-EXISTING PROGRAMS. IT
IS FURTHER NOTED THAT ALTHOUGH HE ASSISTS TOP MANAGEMENT IN MAINTAINING
THE CENTER'S OBJECTIVES, OVERSEES RESEARCH, AND RECOMMENDS WHERE AND
WHAT TYPE RESEARCH IS NEEDED, HE PERFORMS AS DIRECTED BY HIS SUPERIORS
AND HIS RECOMMENDATIONS ARE REVIEWED BY OTHER OFFICIALS AS THOSE OF AN
EXPERT OR PROFESSIONAL RATHER THAN THOSE OF A MANAGEMENT OFFICIAL WHO
FORMULATES, DETERMINES, OR INFLUENCES AGENCY POLICY. ACCORDINGLY, THE
AUTHORITY FINDS THAT ROBERT J. WILLARD SHOULD BE INCLUDED IN THE
BARGAINING UNIT.
FACULTY MEMBER (METALLURGIST), GS-1321-13; FACULTY MEMBER (MINING
ENGINEER), GS-880-14; FACULTY MEMBER (GEOLOGIST), GS-1350-15; FACULTY
MEMBER (TECHNICAL PUBLICATIONS EDITOR-ENGINEERING), GS-1083-12; FACULTY
MEMBER (CIVIL ENGINEER), GS-810-12; FACULTY MEMBER (MECHANICAL
ENGINEER), GS-830-13; FACULTY MEMBER (MINING ENGINEER), GS-880-12;
FACULTY MEMBER (GEOLOGIST), GS-1350-13; FACULTY MEMBER (MINING
ENGINEER), GS-880-13; FACULTY MEMBER (MECHANICAL ENGINEER), GS-830-12;
FACULTY MEMBER (RESEARCH PHYSICIST), GS-1310-13; FACULTY MEMBER
(ENVIRONMENTAL SPECIALIST-- MINING), GS-1301-12.
THE AUTHORITY FINDS THAT THESE TWELVE FACULTY MEMBERS DO NOT SHARE A
CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST WITH UNIT EMPLOYEES AND
THEREFORE SHOULD BE EXCLUDED FROM THE UNIT. /4/ IN MAKING THE ABOVE
DETERMINATION, IT IS NOTED THAT THE FACULTY MEMBERS ARE HIRED AS
INTERMITTENT OF WAE (WHEN ACTUALLY EMPLOYED) EMPLOYEES AND THUS ARE
PERMITTED TO WORK NO MORE THAN 130 DAYS PER YEAR. THE AUTHORITY HAS
HELD THAT INTERMITTENT EMPLOYEES MAY BE INCLUDED WITHIN THE BARGAINING
UNIT ONLY IF THEY SHARE A COMMUNITY OF INTEREST WITH UNIT EMPLOYEES
WHICH INCLUDES, INTER ALIA, A REASONABLE EXPECTANCY OF CONTINUED
EMPLOYMENT. ARMY AND AIR FORCE EXCHANGE SERVICE, PANAMA AREA EXCHANGE,
7 FLRA NO. 76 (1981). IN THE INSTANT CASE, THE FACULTY MEMBERS DO NOT
HAVE A FIXED TOUR OF DUTY BUT RATHER WORK ON A PROJECT BASIS AND HAVE NO
REASON TO EXPECT TO GET AN ASSIGNMENT FROM ONE YEAR TO THE NEXT. THUS,
DURING FISCAL YEARS 1979 AND 1980, OF THE 12 FACULTY MEMBERS AT ISSUE
FOUR DID NOT WORK, THREE WORKED ONLY DURING ONE OF THE TWO YEARS AND OF
THE REMAINING FIVE WHO WORKED IN BOTH YEARS, THE TOTAL TIME WORKED WAS
AS LITTLE AS 83 HOURS IN ONE INSTANCE. UNDER THESE CIRCUMSTANCES, THE
AUTHORITY CONCLUDES THAT THE FACULTY MEMBERS DO NOT HAVE A REASONABLE
EXPECTANCY OF CONTINUED EMPLOYMENT. MOREOVER, AS ESTABLISHED BY THE
RECORD, THE INCUMBENT FACULTY MEMBERS HAVE SKILLS AND WORKING CONDITIONS
DIFFERENT FROM THOSE OF BARGAINING UNIT EMPLOYEES IN THAT THEY MUST
RETAIN THEIR STATUS AS PROFESSORS WITH THEIR RESPECTIVE UNIVERSITIES IN
ORDER TO BE ELIGIBLE FOR ASSIGNMENT TO PROJECTS BY THE ACTIVITY, AND ARE
NOT REQUIRED TO UNDERTAKE ANY WORK THE CENTER ASKS THEM TO DO BUT RATHER
MAY SELECT IF, HOW, WHEN AND WHERE THEY WILL WORK. ACCORDINGLY, THE
AUTHORITY SHALL EXCLUDE THE FACULTY MEMBERS FROM THE BARGAINING UNIT.
ORDER
IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED, FOR WHICH
THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2249,
WAS RECOGNIZED AS THE EXCLUSIVE REPRESENTATIVE IN 1963, BE, AND IT
HEREBY IS, CLARIFIED BY (1) EXCLUDING FROM SAID UNIT AS CONFIDENTIAL
EMPLOYEES THE INCUMBENTS IN THE POSITIONS OF SECRETARY (TYPING),
GS-318-05, TO THE RESEARCH SUPERVISOR FOR FRAGMENTATION AND COMMINUTION;
SECRETARY (STENOGRAPHY), GS-318-05, TO THE RESEARCH SUPERVISOR FOR
MINERALS RECOVERY AND PLANT SAFETY; SECRETARY (TYPING), GS-318-05, TO
THE RESEARCH SUPERVISOR FOR DUST AND EMISSION; SECRETARY (TYPING),
GS-318-05, TO THE RESEARCH SUPERVISOR FOR PREMINING AND ENVIRONMENT;
SECRETARY (TYPING, DMT), GS-318-05, TO THE RESEARCH SUPERVISOR FOR
SURFACE MINING; SECRETARY (STENOGRAPHY), GS-318-05, TO THE RESEARCH
SUPERVISOR FOR LEACHING PROCESSES AND WATER POLLUTION; SECRETARY
(TYPING), GS-318-05, TO THE RESEARCH SUPERVISOR FOR BLASTING TECHNOLOGY
AND IN SITU MINING; SECRETARY (TYPING), GS-318-05, TO THE
ADMINISTRATIVE OFFICER; AND PERSONNEL CLERK (TYPING), GS-203-04; BY
(2) EXCLUDING FROM SAID UNIT AS MANAGEMENT OFFICIALS THE INCUMBENTS IN
THE POSITIONS OF ASSISTANT TO THE RESEARCH DIRECTOR, GS-1321-14 AND THE
STAFF ENGINEER, GS-880-14; BY (3) EXCLUDING FROM SAID UNIT FOR LACK OF
COMMUNITY OF INTEREST THE INCUMBENTS IN THE POSITIONS OF FACULTY MEMBER
(METALLURGIST), GS-1321-13; FACULTY MEMBER (MINING ENGINEER),
GS-880-14; FACULTY MEMBER (GEOLOGIST), GS-1350-15; FACULTY MEMBER
(TECHNICAL PUBLICATIONS EDITOR-ENGINEERING), GS-1083-12; FACULTY MEMBER
(CIVIL ENGINEER), GS-810-12; FACULTY MEMBER (MECHANICAL ENGINEER),
GS-830-13; FACULTY MEMBER (MINING ENGINEER), GS-880-12; FACULTY MEMBER
(GEOLOGIST), GS-1350-13; FACULTY MEMBER (MINING ENGINEER), GS-880-13;
FACULTY MEMBER (MECHANICAL ENGINEER), GS-810-12; FACULTY MEMBER
(RESEARCH PHYSICIST), GS-1310-13; AND FACULTY MEMBER (ENVIRONMENTAL
SPECIALIST-MINING), GS-1301-12.
IT IS FURTHER ORDERED THAT THE PETITION IN CASE NO. 5-CU-31 BE, AND
IT HEREBY IS DISMISSED AS TO THE REMAINING INCUMBENT.
ISSUED, WASHINGTON, D.C., JUNE 16, 1982
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
/1/ THE PETITIONER'S ALLEGATION THAT THE ACTIVITY'S ATTEMPTED
EXCLUSION OF CERTAIN POSITIONS FROM THE BARGAINING UNIT RESULTED IN SEX
DISCRIMINATION RAISES AN ISSUE NOT WITHIN THE AUTHORITY'S JURISDICTION.
/2/ THE PETITIONER'S BRIEF WHICH WAS UNTIMELY FILED HAS NOT BEEN
CONSIDERED.
/3/ THE ACTIVITY CONTENDS THAT RAMOS SHOULD BE EXCLUDED FROM THE
BARGAINING UNIT AS "AN EMPLOYEE ENGAGED IN PERSONNEL WORK IN OTHER THAN
A PURELY CLERICAL CAPACITY" UNDER SECTION 7112(B)(3) OF THE STATUTE.
HOWEVER, IN VIEW OF THE FINDING THAT RAMOS IS A CONFIDENTIAL EMPLOYEE,
IT IS UNNECESSARY FOR THE AUTHORITY TO ADDRESS THAT CONTENTION.
/4/ SECTION 7112(A)(1) OF THE STATUTE STATES THAT A UNIT WILL BE
APPROPRIATE ". . . ONLY IF THE DETERMINATION WILL ENSURE A CLEAR AND
IDENTIFIABLE COMMUNITY OF INTEREST AMONG THE EMPLOYEES IN THE UNIT AND
WILL PROMOTE EFFECTIVE DEALINGS WITH, AND EFFICIENCY OF THE OPERATIONS
OF, THE AGENCY INVOLVED."