[ v16 p38 ]
16:0038(9)CU
The decision of the Authority follows:
16 FLRA No. 9
U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT, BOSTON
REGIONAL OFFICE, REGION I
BOSTON, MASSACHUSETTS
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3258, AFL-CIO
Petitioner /1/
Case No. 1-CU-30006
DECISION AND ORDER CLARIFYING UNIT
Upon a petition duly filed with the 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 hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon careful consideration of the entire record, including the
parties' contentions, the Authority finds: The American Federation of
Government Employees, AFL-CIO (AFGE), was certified as the exclusive
bargaining representative for a consolidated unit that includes all
professional employees of the U.S. Department of Housing and Urban
Development, Boston Regional Office, Region I, Boston, Massachusetts.
/2/ Essentially, the petition seeks to clarify the bargaining unit
status of Kathy E. Machan, Attorney-Advisor (General), GM-905-14, A.P.
No. 70406-4; Sheila H. Mondshein, Attorney-Advisor (General),
GM-905-14, A.P. No. 70407-4; and Paul D. Snyder, Attorney-Advisor
(General), GM-905-14, A.P. No. 70408-4, based on the Activity's
allegation that they are management officials and must be excluded from
the bargaining unit. /3/ In the lead case of Department of the Navy,
Automatic Data Processing Selection Office, 7 FLRA 172 (1981), the
Authority interpreted the statutory definition of "management official"
to include 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. Applying these criteria to the instant case, the Authority
finds the above incumbents are not management officials, but are highly
trained and experienced professionals who are engaged in handling
litigation on behalf of the U.S. Department of Housing and Urban
Development (HUD) as well as providing legal expertise and
interpretation of HUD's policies for the Regional Counsel of the
Activity and HUD General Counsel in Washington and thus are engaged in
implementing, as opposed to shaping, the Activity's policies. It
follows that the above incumbents are not management officials in that
they do not exercise any duties or responsibilities which require or
authorize them to formulate, determine, or influence the policies of the
Activity within the meaning of section 7103(a)(11) of the Statute.
Accordingly, the Authority finds that the above incumbents in the job
classification Attorney-Advisor (General), GM-905-14 should be included
in the bargaining unit.
ORDER
IT IS HEREBY ORDERED that the unit sought to be clarified herein be,
and it hereby is, clarified by including in said unit Kathy E. Machan,
Attorney-Advisor (General), GM-905-14, A.P. No. 70406-4; Sheila H.
Mondshein, Attorney-Advisor (General), GM-905-14, A.P. No. 70407-4; and
Paul D. Snyder, Attorney-Advisor (General), GM-905-14, A.P. No. 70408-4.
Issued, Washington, D.C., September 20, 1984
Henry B. Frazier III, Acting
Chairman
Ronald W. Haughton, Member
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
/1/ The names of the parties appear as amended at the hearing.
/2/ American Federation of Government Employees, Local 3258, AFL-CIO
is the agent of AFGE for the segment of the employees in the
consolidated unit located in the U.S. Department of Housing and Urban
Development, Boston Regional Office, Region I, Boston, Massachusetts.
/3/ Section 7103(a)(11) of the Statute 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 . . . .