Department of Health, Education and Welfare, Social Security Administration, Office of Hearings and Appeals, Region II, Puerto Rico (Activity) and American Federation of Government Employees, Local 3534, AFL-CIO (Petitioner) 

 



[ v01 p974 ]
01:0974(110)CU
The decision of the Authority follows:


 1 FLRA No. 110
 
 DEPARTMENT OF HEALTH, EDUCATION
 AND WELFARE, SOCIAL SECURITY
 ADMINISTRATION, OFFICE OF
 HEARINGS AND APPEALS, REGION II
 PUERTO RICO /1/
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 3534, AFL-CIO
 Petitioner
 
                                            Assistant Secretary
                                            Case No. 37-01986(CU)
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    UPON A PETITION DULY FILED UNDER SECTION 6 OF EXECUTIVE ORDER 11491,
 AS AMENDED, A HEARING WAS HELD BEFORE HEARING OFFICER MARCELINO
 RODRIGUEZ RUIZ.  THE HEARING OFFICER'S RULINGS MADE AT THE HEARING ARE
 FREE FROM PREJUDICIAL ERROR AND ARE HEREBY AFFIRMED.
 
    THE FUNCTIONS OF THE ASSISTANT SECRETARY OF LABOR FOR
 LABOR-MANAGEMENT RELATIONS UNDER EXECUTIVE ORDER 11491, AS AMENDED, WERE
 TRANSFERRED TO THE AUTHORITY UNDER SECTION 304 OF REORGANIZATION PLAN
 NO. 2 OF 1978 (43 F.R. 36040), WHICH TRANSFER OF FUNCTIONS IS
 IMPLEMENTED BY SECTION 2400.2 OF THE AUTHORITY'S TRANSITION RULES AND
 REGULATIONS (44 F.R. 7).  THE AUTHORITY CONTINUES TO BE RESPONSIBLE FOR
 THE PERFORMANCE OF THESE FUNCTIONS AS PROVIDED IN SECTION 7135(B) OF THE
 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (92 STAT. 1215).
 
    THEREFORE, PURSUANT TO SECTION 2400.2 OF THE AUTHORITY'S TRANSITION
 RULES AND REGULATIONS AND SECTION 7135(B) OF THE STATUTE, AND UPON
 CONSIDERATION OF THE ENTIRE RECORD IN THE SUBJECT CASE, INCLUDING BRIEFS
 FILED BY BOTH PARTIES, THE AUTHORITY FINDS:  /2/
 
    THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 3534, AFL-CIO
 (AFGE), FILED A PETITION FOR CLARIFICATION OF UNIT (CU) SEEKING TO
 CLARIFY WHETHER THE ACTIVITY'S ADMINISTRATIVE LAW JUDGES (ALJS) SHOULD
 BE EXCLUDED FROM ITS EXCLUSIVELY RECOGNIZED UNIT AS SUPERVISORS AND/OR
 AS MANAGEMENT OFFICIALS.  /3/ THE AFGE CONTENDS THAT THE ACTIVITY'S ALJS
 ARE NEITHER SUPERVISORS NOR MANAGEMENT OFFICIALS BUT, RATHER, ARE TEAM
 LEADERS WHO DO NOT ACTIVELY PARTICIPATE IN THE DETERMINATION OF PROGRAM,
 PERSONNEL, OR PROCEDURAL POLICY.  CONVERSELY, THE ACTIVITY CONTENDS THAT
 ITS ALJS ARE SUPERVISORS AND/OR MANAGEMENT OFFICIALS AND SHOULD BE
 EXCLUDED FROM THE AFGE'S EXCLUSIVELY RECOGNIZED UNIT.
 
    THE MISSION OF THE ACTIVITY INVOLVES ESSENTIALLY THE HEARING AND
 DECIDING OF APPEALS OF CASES FOR THE SOCIAL SECURITY ADMINISTRATION
 UNDER THE SOCIAL SECURITY ACT, AND THE FEDERAL COAL MINE ACT.  THE
 ACTIVITY HAS THREE HEARING OFFICES IN PUERTO RICO, WITH ALJS ASSIGNED TO
 EACH.  THERE ARE APPROXIMATELY 12 ALJS IN THE SAN JUAN OFFICE, 2 IN THE
 PONCE