09:0518(60)CU - HHS, Region X, Seattle, WA and NTEU and NTEU Chapter 215 -- 1982 FLRAdec RP
[ v09 p518 ]
09:0518(60)CU
The decision of the Authority follows:
9 FLRA No. 60 DEPARTMENT OF HEALTH AND HUMAN SERVICES, REGION X, SEATTLE, WASHINGTON Activity/Petitioner /1/ and NATIONAL TREASURY EMPLOYEES UNION AND NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 215 Labor Organization Case No. 9-CU-19 DECISION AND ORDER CLARIFYING 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. THE RULINGS ARE HEREBY AFFIRMED. UPON THE ENTIRE RECORD, THE AUTHORITY FINDS: THE ACTIVITY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, REGION X, SEATTLE, WASHINGTON, FILED A PETITION FOR CLARIFICATION OF UNIT SEEKING TO EXCLUDE CERTAIN POSITIONS /2/ FROM THE BARGAINING UNIT OF ALL NONPROFESSIONAL EMPLOYEES EXCLUSIVELY REPRESENTED BY NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 215 (NTEU), ON THE BASIS THAT THE INCUMBENTS OF THE POSITIONS ARE MANAGEMENT OFFICIALS, SUPERVISORS, CONFIDENTIAL EMPLOYEES, OR ENGAGED IN PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY. CONVERSELY, NTEU CONTENDS THAT THE INCUMBENTS OF THE POSITIONS ARE ALL EMPLOYEES WHO SHOULD BE INCLUDED IN THE UNIT OF EXCLUSIVE RECOGNITION. THE ALLEGED MANAGEMENT OFFICIALS SECTION 7103(A)(11) OF THE STATUTE PROVIDES THAT A "MANAGEMENT OFFICIAL" MEANS 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. IN THE LEAD CASE OF DEPARTMENT OF THE NAVY, AUTOMATIC DATA PROCESSING SELECTION OFFICE, 7 FLRA NO. 24 (1981), THE AUTHORITY INTERPRETED THAT DEFINITION OF MANAGEMENT OFFICIAL AND CONCLUDED THAT IT 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, PLANS 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. JOB POSITIONS 99735: SALLY ROSS AND BARBARA COOK, GS-105-12 THE ACTIVITY ASSERTS THAT THE ABOVE INCUMBENTS ARE NOT ONLY MANAGEMENT OFFICIALS WITHIN THE MEANING OF THE STATUTE, BUT ARE ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY, /3/ AND SHOULD THEREFORE BE EXCLUDED FROM THE BARGAINING UNIT. THE INCUMBENTS ARE EMPLOYED AS SOCIAL INSURANCE TRAINING SPECIALISTS IN THE ACTIVITY'S PROGRAM, TRAINING, MANAGEMENT AND STAFF DEVELOPMENT BRANCH. IN THE EVENT THAT SPECIAL PROBLEMS ARISE, THEY ANALYZE TRAINING NEEDS AND MAKE RECOMMENDATIONS FOR THE USE OF TRAINING COURSES WHICH HAVE BEEN DEVELOPED AT THE NATIONAL LEVEL TO RESOLVE SUCH PROBLEMS. IN THIS REGARD, THEY MAY SUGGEST CHANGES WITH RESPECT TO THE ORDER OF TRAINING, BUT THEY DO NOT MAKE ANY RECOMMENDATIONS CONCERNING THE SUBSTANCE OF NATIONAL TRAINING PROGRAMS. JOB POSITION Q79169: GEORGE CLIFFORD, MARILYN DEVANEY, ROSE INOUYE, GLEN SANDAHL, GS-101-13 THE ABOVE INCUMBENTS ARE ASSIGNED TO THE FAMILY ASSISTANCE PROGRAM AS STATE PROGRAM SPECIALISTS. THEY HAVE THE RESPONSIBILITY FOR ADMINISTERING THE AID TO DEPENDENT CHILDREN'S PROGRAM (ADC), CONSISTENT WITH ESTABLISHED AGENCY GUIDELINES. UNDER SUCH PROGRAM, RECIPIENTS RECEIVE FINANCIAL ASSISTANCE FROM THEIR RESPECTIVE STATES. THE INCUMBENTS USE FINANCIAL AND OTHER TYPES OF INFORMATION TO ANALYZE AND MAKE RECOMMENDATIONS CONCERNING THE WORKING OF THE STATE ADC PROGRAMS. IN MOST BASIC TERMS, THEY SERVE AS THE LIAISON BETWEEN THE STATES AND THE FEDERAL GOVERNMENT. JOB POSITION X568: DONALD V. LEATHERMAN, GS-101-13 THE INCUMBENT IS THE PUBLIC HEALTH ADVISOR IN THE DIVISION OF HEALTH SERVICES DELIVERY. WHILE CONCEDING THAT "(T)HE RECORD IS VERY SPARSE WITH RESPECT TO THE MANNER IN WHICH THE INCUMBENT . . . INFLUENCES POLICY," THE ACTIVITY ALLEGES THAT HE IS A MANAGEMENT OFFICIAL BECAUSE HIS POSITION CANNOT AVOID IMPACTING UPON AGENCY POLICY. THE ACTIVITY FURTHER ALLEGES THAT HE IS A SUPERVISOR WITHIN THE MEANING OF THE STATUTE. /4/ THE INCUMBENT WORKS IN THE PROGRAM WHICH PROVIDES GRANTS TO STATE ENTITIES. IN THIS CONNECTION, HE IS RESPONSIBLE FOR COMPILING A STAFF SUMMARY OF SUCH GRANTS AND ATTENDS EVALUATION MEETINGS TO PROVIDE STAFF ASSISTANCE SHOULD ANY QUESTIONS ARISE, BUT HE DOES NOT HAVE A VOTE ON THE GRANT REVIEW COMMITTEE. JOB POSITION 78-0002: KAY KIDWELL, KATHY ADMIRE, GS-345-13 THE INCUMBENTS ARE PROGRAM ANALYSTS IN THE SERVICE DELIVERY ASSESSMENT BRANCH. THEY CONDUCT STUDIES ON VARIOUS SHORT TERM PROGRAMS WITHIN THE AGENCY, THEREBY PROVIDING THE SECRETARY AND UNDER SECRETARY OF THE AGENCY WITH CURRENT INFORMATION CONCERNING THEM. THE AUTHORITY FINDS THAT NONE OF THE FOREGOING INCUMBENTS ARE MANAGEMENT OFFICIALS INASMUCH AS THEY DO NOT "FORMULATE, DETERMINE, OR INFLUENCE THE POLICIES OF THE AGENCY" WITHIN THE MEANING OF SECTION 7103(A)(11) OF THE STATUTE, AS THOSE TERMS WERE INTERPRETED BY THE AUTHORITY IN DEPARTMENT OF THE NAVY, AUTOMATIC DATA PROCESSING SELECTION OFFICE, SUPRA. RATHER, THEY ARE MORE AKIN TO EXPERTS OR PROFESSIONALS RENDERING RESOURCE INFORMATION WITH RESPECT TO THE ACTIVITY'S POLICIES. IN THIS REGARD, THE AUTHORITY NOTES THAT THE INCUMBENTS DO NOT COME TO INDEPENDENT DECISIONS AS TO WHAT SUCH POLICIES WILL BE, BUT INSTEAD MAKE REPORTS AND RECOMMENDATIONS TO THEIR SUPERVISORS CONCERNING THE STATUS OF EXISTING PROGRAMS AND POLICIES. IN SUM, NONE OF THE INCUMBENTS CREATES, SETTLES UPON OR BRINGS ABOUT THE ACTIVITY'S POLICY DETERMINATIONS WITH REGARD TO THE VARIOUS PROGRAMS ADMINISTERED BY THE ACTIVITY. THUS, BASED UPON ALL OF THE FOREGOING, THE AUTHORITY CONCLUDES THAT THE NINE INDIVIDUALS IN QUESTION ARE NOT MANAGEMENT OFFICIALS WITHIN THE MEANING OF SECTION 7103(A)(11) OF THE STATUTE, AND THEREFORE SHOULD BE INCLUDED IN THE UNIT. THE ALLEGED SUPERVISOR /5/ JOB POSITION X568: DONALD V. LEATHERMAN, GS-101-13 IN ADDITION TO ITS CONTENTION THAT THE INCUMBENT IS A MANAGEMENT OFFICIAL (ADDRESSED PREVIOUSLY HEREIN), THE ACTIVITY CONTENDS THAT THE INCUMBENT IS A SUPERVISOR WITHIN THE MEANING OF THE STATUTE, /6/ BECAUSE HE REGULARLY ASSIGNS WORK TO A SECRETARY. HOWEVER, THE RECORD REVEALS THAT THE INCUMBENT IS ONLY ONE OF SEVERAL FOR WHOM THE SECRETARY PREPARES DOCUMENTS, AND IS NOT THE SOLE PERSON TO WHOM SHE REPORTS OR FROM WHOM SHE RECEIVES ASSIGNMENTS. THE OVERALL ASSIGNMENTS OF THE SECRETARY'S WORK ARE MADE BY THE INCUMBENT'S SUPERVISOR, WHO ALSO APPROVES THE SECRETARY'S FINAL RATING FOR PURPOSES OF PERFORMANCE EVALUATION. ACCORDINGLY, AND AS THERE IS NO RECORD EVIDENCE THAT THE INCUMBENT EXERCISES ANY OTHER INDICIA OF SUPERVISORY AUTHORITY WITH RESPECT TO THE SECRETARY, THE AUTHORITY CONCLUDES THAT HE IS NOT A SUPERVISOR WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE STATUTE, AND THEREFORE SHOULD BE INCLUDED IN THE UNIT. THE ALLEGED CONFIDENTIAL EMPLOYEE JOB POSITION 99841: RITA SPANGLER, GS-318-5 SECTION 7103(A)(13) OF THE STATUTE DEFINES A "CONFIDENTIAL EMPLOYEE" AS "AN EMPLOYEE WHO ACTS IN A CONFIDENTIAL CAPACITY WITH RESPECT TO AN INDIVIDUAL WHO FORMULATES OR EFFECTUATES MANAGEMENT POLICIES IN THE FIELD OF LABOR-MANAGEMENT RELATIONS(.)" THE ACTIVITY SEEKS TO EXCLUDE RITA SPANGLER AS A CONFIDENTIAL EMPLOYEE, ON THE GROUND THAT SHE REPORTS TO A SUPERVISOR ACTUALLY ENGAGED IN FORMULATING AND EFFECTUATING MANAGEMENT'S LABOR RELATIONS POLICIES. SPANGLER IS SUPERVISED BY THE CHIEF OF THE HUMAN RESOURCES MANAGEMENT BRANCH, ROSEMARIE NAGUSKI, WHO WAS EXCLUDED FROM THE UNIT HEREIN AS A SUPERVISOR. NAGUSKI SERVES IN A PROFESSIONAL ADMINISTRATIVE CAPACITY FOR THE REGIONAL COMMISSIONER AND NON-SUPERVISORS IN THE SOCIAL SECURITY ADMINISTRATION, AND SPENDS AN EXTENSIVE AMOUNT OF TIME IN LABOR RELATIONS WORK. IN THIS LATTER REGARD, THE RECORD INDICATES THAT NAGUSKI WAS A MEMBER OF THE ACTIVITY'S NEGOTIATING COMMITTEE WHICH DRAFTED CONFIDENTIAL PROPOSALS AND COUNTERPROPOSALS FOR THE MANAGEMENT NEGOTIATING TEAM DURING COLLECTIVE BARGAINING WITH NTEU AND CURRENTLY IS INVOLVED IN ADMINISTERING THE AGREEMENT. THE RECORD FURTHER INDICATES THAT SPANGLER TYPES CONFIDENTIAL MEMOS, IS PRIVY TO CONFIDENTIAL LABOR RELATIONS MATTERS ON A REGULAR BASIS, IS GIVEN FREE ACCESS TO LOCKED FILES CONTAINING CONFIDENTIAL LABOR RELATIONS MATERIAL, AND OPERATES ALMOST EXCLUSIVELY AS THE SECRETARY TO NAGUSKI. UNDER THESE CIRCUMSTANCES, IT IS CONCLUDED THAT SPANGLER ACTS IN A CONFIDENTIAL CAPACITY TO AN OFFICIAL INVOLVED IN THE FORMULATION AND EFFECTUATION OF THE ACTIVITY'S LABOR RELATIONS POLICIES. THEREFORE, SHE SHALL BE EXCLUDED FROM THE UNIT. U.S. ARMY COMMUNICATIONS SYSTEMS AGENCY, FORT MONMOUTH, NEW JERSEY, 4 FLRA NO. 83 (1980). EMPLOYEES ALLEGEDLY ENGAGED IN PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY /7/ JOB POSITIONS X-8483 AND X-8483 A: MARY BUCKINGHAM, MURIEL STERLING, PAULETTE LONG, OCIE SWANSON, FRAN GUERERRO AND JOAN PARKER, GS-203-05 AND 4/5 THE INCUMBENTS ARE STAFFING CLERKS (TYPING) IN THE ACTIVITY'S REGIONAL PERSONNEL OFFICE - STAFFING BRANCH. THEIR PRIMARY FUNCTION IS CONFINED TO MAKING SURE THAT PERSONNEL ACTIONS ARE PROPERLY PROCESSED AND RECORDED. THE AUTHORITY FINDS THAT THESE INCUMBENTS' INVOLVEMENT IN FEDERAL PERSONNEL WORK IS PURELY CLERICAL IN NATURE. ACCORDINGLY, THE AUTHORITY CONCLUDES THAT THESE INCUMBENTS SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT. HEADQUARTERS, FORT SAM HOUSTON, FORT SAM HOUSTON, TEXAS, 5 FLRA NO. 46 (1981). JOB POSITION 99735: SALLY ROSS AND BARBARA COOK, GS-105-12; AND JOB POSITION 99681: GEORGE ANN KANDER, GS-235-7/9 AS MENTIONED ABOVE, ROSS AND COOK ARE EMPLOYED AS SOCIAL INSURANCE TRAINING SPECIALISTS IN THE PROGRAM, TRAINING, MANAGEMENT AND STAFF DEVELOPMENT BRANCH. KANDER IS AN EMPLOYMENT DEVELOPMENT SPECIALIST IN THE SAME BRANCH. ROSS AND COOK DRAFT TRAINING COURSES, REVIEW THE TRAINING COURSES AVAILABLE FROM OTHER SOURCES, MAKE RECOMMENDATIONS AS TO THE SUITABILITY OF THOSE COURSES FOR AGENCY EMPLOYEES, AND MONITOR EXISTING COURSES TO RECORD WHETHER THE EMPLOYEES ASSIGNED TO SUCH TRAINING HAVE IN FACT COMPLETED THE COURSES. KANDER ASSISTS THE SOCIAL INSURANCE TRAINING SPECIALISTS, AND IS PRIMARILY RESPONSIBLE FOR MONITORING THE SCHOOL/WORK PROGRAM. NONE OF THE INCUMBENTS IS INVOLVED IN RATING THE PERFORMANCE OF EMPLOYEES PARTICIPATING IN THESE TRAINING AND DEVELOPMENT PROGRAMS. MOREOVER, THEY ARE NOT INVOLVED IN REVIEWING, ANALYZING OR MAKING RECOMMENDATIONS WITH REGARD TO INDIVIDUAL PERSONNEL ACTIONS. BASED ON THE FOREGOING, THE AUTHORITY FINDS THAT THE INCUMBENTS IN THESE POSITIONS ARE NOT ENGAGED IN PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY WITHIN THE MEANING OF SECTION 7112(B)(3) OF THE STATUTE, IN THAT THEIR WORK IS ROUTINE AND NOT OF SUCH A NATURE THAT IT WOULD CREATE A CONFLICT OF INTEREST BETWEEN THEIR JOBS AND UNION REPRESENTATION IF THEY WERE INCLUDED IN THE UNIT. ACCORDINGLY, THE AUTHORITY CONCLUDES THAT THESE INCUMBENTS SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT. SEE HEADQUARTERS, FORT SAM HOUSTON, FORT SAM HOUSTON, TEXAS, 5 FLRA NO. 46 (1981). SEE ALSO OFFICE OF PERSONNEL MANAGEMENT, 5 FLRA NO. 30 (1981). JOB POSITIONS 99857, 99718: ANN DOROUGH, ADELINE TALLMAN, GS-343-7/9 AND 11; AND JOB POSITION 99859: MAZIE KOZUKI, GS-303-5/6 INCUMBENTS DOROUGH AND TALLMAN ARE CLASSIFIED AS MANAGEMENT ANALYSTS, AND KUZUKI AS A STAFF ASSISTANT, IN THE HUMAN RESOURCES MANAGEMENT BRANCH. IN GENERAL THEY ARE INVOLVED IN ANSWERING MANAGEMENT'S QUESTIONS, AND KEEPING THEM UP TO DATE, WITH REGARD TO SUCH THINGS AS THE FAIR LABOR STANDARDS ACT, MERIT PAY AND INCENTIVE AWARDS, AND WORK SCHEDULES. DOROUGH IS INVOLVED IN THE DRAFTING AND ANALYSIS OF RECRUITMENT, SELECTION AND PLACEMENT, AND STAFFING PROGRAMS, PARTICULARLY WITH REGARD TO FIELD PERSONNEL. TALLMAN'S MAIN DUTIES INVOLVE THE ANALYSIS OF LEGISLATIVE AND GOVERNMENT-WIDE STUDIES WITH REGARD TO STAFFING AND PERSONNEL DEVELOPMENT. IN THIS REGARD, SHE MAKES RECOMMENDATIONS TO MANAGEMENT AS TO THE EFFECTS SUCH STUDIES WILL HAVE ON AGENCY MANAGEMENT'S PERSONNEL PLANNING. KOZUKI DEALS MAINLY WITH TESTING AND INCENTIVE AWARDS PROGRAMS AND RETIREMENT PROCEDURES, REVIEWING THEM FOR ACCURACY AND CONSISTENCY WITH ESTABLISHED GUIDELINES. NONE OF THE INCUMBENTS IS INVOLVED IN THE RATING OF EMPLOYEES, OR IN REVIEWING, ANALYZING OR MAKING RECOMMENDATIONS WITH REGARD TO INDIVIDUAL PERSONNEL ACTIONS. BASED ON THE FOREGOING, THE AUTHORITY FINDS THAT DOROUGH AND TALLMAN ARE, BUT KOZUKI IS NOT, ENGAGED IN PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY WITHIN THE MEANING OF SECTION 7112(B)(3) OF THE STATUTE. THUS, DOROUGH AND TALLMAN DRAFT AND ANALYZE PERSONNEL PROGRAMS AFFECTING THE BARGAINING UNIT AND MAKE RECOMMENDATIONS TO MANAGEMENT CONCERNING SUCH PROGRAMS. THESE PERSONNEL FUNCTIONS ARE MORE THAN ROUTINE AND CLERICAL IN NATURE. ACCORDINGLY, THE AUTHORITY CONCLUDES THAT THESE INCUMBENTS SHOULD BE EXCLUDED FROM THE EXCLUSIVELY RECOGNIZED UNIT. HOWEVER, KOZUKI'S DUTIES MERELY INVOLVE REVIEW OF TESTING AND AWARDS PROGRAMS FOR ACCURACY AND CONSISTENCY WITH ESTABLISHED POLICY, AND THEREFORE ARE ROUTINE AND CLERICAL IN NATURE. ACCORDINGLY, THE AUTHORITY SHALL INCLUDE HER WITHIN THE BARGAINING UNIT. JOB POSITION 99683: RICHARD HARRIS, JERI BURGESS, GS-343-12 THE TWO INCUMBENTS IN THIS POSITION ARE ALSO CLASSIFIED AS MANAGEMENT ANALYSTS. IN ADDITION TO PERFORMING DUTIES SIMILAR TO THE OTHER MANAGEMENT ANALYSTS, DESCRIBED ABOVE, THEY HAVE BEEN ENGAGED IN FURTHER RESPONSIBILITIES. HARRIS WAS THE PERSON PRIMARILY RESPONSIBLE FOR SETTING UP THE ACTIVITY'S CRESS PROGRAM, AN INITIAL QUALIFYING TEST FOR JOB APPLICANTS. HARRIS HAS WORKED WITH SUPERVISORS AND MANAGEMENT OFFICIALS IN THE RECRUITMENT AND SELECTION PROCESS, IN WHICH HE HELPED SCREEN APPLICANTS AND MADE EFFECTIVE RECOMMENDATIONS WITH REGARD TO THE SELECTION OF APPLICANTS. BURGESS SPENDS 60 TO 75 PERCENT OF HER TIME IN LABOR-MANAGEMENT RELATIONS MATTERS. IN THIS REGARD, SHE ANALYZED THE MAJOR CONTRACT PROPOSALS SUBMITTED DURING NEGOTIATIONS BY THE UNION THAT REPRESENTS FIELD EMPLOYEES OF THE ACTIVITY WITH REGARD TO THE IMPACT THAT SUCH PROPOSALS WOULD HAVE ON THE ACTIVITY'S PERSONNEL PROGRAMS, AND SHE COMPILED MANAGEMENT'S RESPONSE TO SUCH PROPOSALS. WHILE THE FOREGOING DUTIES DIRECTLY RELATED TO EMPLOYEES OUTSIDE THE UNIT HERE REPRESENTED BY NTEU, IT INVOLVED ACTIVITY-WIDE PERSONNEL POLICIES WITH REGARD TO SUCH MATTERS AS TRANSFER TO AND FROM THE UNIT INVOLVED HEREIN. THE AUTHORITY FINDS THAT THE INCUMBENTS IN THIS POSITION ARE DIRECTLY INVOLVED IN PERFORMING PERSONNEL WORK THAT MAY AFFECT EMPLOYEES IN THE UNIT AND THUS A CONFLICT OF INTEREST BETWEEN THEIR JOBS AND UNION REPRESENTATION WOULD BE CREATED IF THEY WERE INCLUDED IN THE UNIT. HENCE, THE AUTHORITY CONCLUDES THAT THE DISPUTED EMPLOYEES ARE ENGAGED IN PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY WITHIN THE MEANING OF SECTION 7112(B)(3) OF THE STATUTE, AND THAT THEY MUST BE EXCLUDED FROM THE EXCLUSIVELY RECOGNIZED UNIT. ORDER IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED, CONSISTING OF ALL NONPROFESSIONAL EMPLOYEES IN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, REGION X, SEATTLE, WASHINGTON, IN WHICH THE NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 215, WAS ORIGINALLY CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE ON MAY 9, 1979, BE, AND IT HEREBY IS, CLARIFIED BY INCLUDING IN SAID UNIT THE POSITIONS OF STAFF ASSISTANT, GS-303-5/6, POSITION 99859; SOCIAL INSURANCE TRAINING SPECIALIST, GS-105-12, POSITION 99735; EMPLOYEE DEVELOPMENT SPECIALIST, GS-235-7/9, POSITION 99681; STATE PROGRAM SPECIALIST, GS-101-13, POSITION Q79169; PUBLIC HEALTH ADVISOR, GS-101-13, POSITION X568; PROGRAM ANALYST, GS-345-13, POSITION 78-0002; STAFFING CLERK (TYPING) GS-203-4/5 AND 5, POSITIONS X-8483 AND X-8483 A; AND BY EXCLUDING THE POSITIONS OF MANAGEMENT ANALYST, GS-343-7/9, 11 AND 12, POSITIONS 99857, 99718 AND 99683; AND SECRETARY (TYPING), GS-318-5, POSITION 99841. ISSUED, WASHINGTON, D.C., JULY 21, 1982 RONALD W. HAUGHTON, CHAIRMAN HENRY B. FRAZIER III, MEMBER LEON B. APPLEWHAITE, MEMBER FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES$ --------------- /1/ THE NAME OF THE ACTIVITY/PETITIONER APPEARS ABOVE AS AMENDED AT THE HEARING, WITHOUT OPPOSITION, TO ADD THE DESIGNATION "SEATTLE, WASHINGTON." /2/ TWO OF THE POSITIONS IN QUESTION WERE VACANT AT THE TIME OF THE HEARING; I.E., JOB POSITION 99834, GS-322-4 (CLERK TYPIST) AND JOB POSITION 75-0001, GS-345-14 (PROGRAM ANALYST). THE AUTHORITY WILL NOT MAKE ELIGIBILITY DETERMINATIONS FOR VACANT POSITIONS. SEE DEPARTMENT OF THE TREASURY, BUREAU OF THE MINT, U.S. MINT, DENVER, COLORADO, 6 FLRA NO. 17 (1981), AND CASES CITED THEREIN. /3/ THE LATTER CONTENTION IS ADDRESSED INFRA. /4/ THE LATTER CONTENTION IS ADDRESSED INFRA. /5/ DURING THE COURSE OF THE HEARING, AND WITH THE AGREEMENT OF THE ACTIVITY AND THE HEARING OFFICER, THE UNION STIPULATED THAT THE INCUMBENTS IN JOB POSITION OA 256, SOCIAL INSURANCE SPECIALIST, GS-105-3, IN THE ASSISTANCE PROGRAM BRANCH, AND JOB POSITION OA 254 S, SUPERVISORY SOCIAL INSURANCE PROGRAM SPECIALIST, GS-105-13, IN THE DISABILITY PROGRAM BRANCH, ARE SUPERVISORS WITHIN THE MEANING OF THE STATUTE AND SHOULD THEREFORE BE EXCLUDED FROM THE BARGAINING UNIT. THE HEARING OFFICER RULED, IN EFFECT, THAT THE PETITION SHOULD BE CONSIDERED AMENDED SO THAT THESE POSITIONS ARE NOT BEFORE THE AUTHORITY FOR CONSIDERATION, AND THE AUTHORITY SPECIFICALLY ADOPTS THAT RULING. /6/ SECTION 7103(A)(10) OF THE STATUTE DEFINES A "SUPERVISOR" AS: . . . 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 . . . (.) /7/ SECTION 7112(B)(3) OF THE STATUTE PROVIDES THAT: (B) A UNIT SHALL NOT BE DETERMINED TO BE APPROPRIATE UNDER THIS SECTION . . . IF IT INCLUDES-- . . . . (3) AN EMPLOYEE ENGAGED IN PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY(.)