Department of Energy, Oak Ridge Operations, Oak Ridge, Tennessee (Activity) and National Association of Government Employees, Local R5-181 (Petitioner) and Office and Professional Employees International Union, AFL-CIO (Intervenor) 



[ v04 p644 ]
04:0644(85)RO
The decision of the Authority follows:


 4 FLRA No. 85
 
 DEPARTMENT OF ENERGY,
 OAK RIDGE OPERATIONS,
 OAK RIDGE, TENNESSEE
 Activity
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCAL R5-181
 Petitioner
 
 and
 
 OFFICE AND PROFESSIONAL EMPLOYEES
 INTERNATIONAL UNION, AFL-CIO
 Intervenor
 
                                            Case No. 4-RO-39
 
                      DECISION ON CHALLENGED BALLOTS
 
    THE ADMINISTRATIVE LAW JUDGE, IN THE ABOVE-ENTITLED PROCEEDING,
 ISSUED HIS DECISION RECOMMENDING THAT THE CHALLENGES TO THE BALLOTS OF
 37 EMPLOYEES OF THE ACTIVITY BE SUSTAINED AND THEIR BALLOTS NOT BE
 OPENED AND COUNTED, THAT THE CHALLENGES TO THE BALLOTS OF SEVEN OTHER
 EMPLOYEES BE OVERRULED AND THAT THEIR BALLOTS BE OPENED AND COUNTED, AND
 THAT THE PARTIES' STIPULATION REGARDING FOUR OTHER CHALLENGED BALLOTS BE
 ADOPTED.  NO EXCEPTIONS WERE FILED TO THE ADMINISTRATIVE LAW JUDGE'S
 DECISION.
 
    THEREFORE, PURSUANT TO SECTION 2422.20(I)(1) OF THE AUTHORITY'S RULES
 AND REGULATIONS (5 CFR 2422.20) AND SECTION 7111 OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7101-7135), THE AUTHORITY
 HAS REVIEWED THE RULINGS OF THE ADMINISTRATIVE LAW JUDGE MADE AT THE
 HEARING AND FINDS THAT NO PREJUDICIAL ERROR WAS COMMITTED.  THE RULINGS
 ARE HEREBY AFFIRMED.  UPON CONSIDERATION OF THE ADMINISTRATIVE LAW
 JUDGE'S DECISION, AND THE ENTIRE RECORD IN THE SUBJECT CASE, AND NOTING
 PARTICULARLY THE ABSENCE OF EXCEPTIONS, THE AUTHORITY HEREBY ADOPTS THE
 ADMINISTRATIVE LAW JUDGE'S FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS.
 
                    DIRECTION TO OPEN AND COUNT BALLOTS
 
    IT IS HEREBY DIRECTED THAT THE BALLOTS OF CONNIE S. BOWLIN, LILA FAY
 GREEN, CHARLOTTE HAMBY, SHIRLEY H. HENSON, LINDA B. JENNINGS, BETTY J.
 LARSON, MICKEY M.  MOORE, BETTY N. STAIR, AND IVY GAIL YOUNG BE OPENED
 AND COUNTED, ONLY IF THEY AFFECT THE ULTIMATE RESULTS OF THE ELECTION,
 AT A TIME AND PLACE DETERMINED BY THE APPROPRIATE REGIONAL DIRECTOR.
 THE REGIONAL DIRECTOR SHALL HAVE A REVISED TALLY OF BALLOTS SERVED ON
 THE PARTIES, AND TAKE SUCH ADDITIONAL STEPS AS ARE REQUIRED BY THE
 AUTHORITY'S RULES AND REGULATIONS.
 
    ISSUED, WASHINGTON, D.C., NOVEMBER 12, 1980
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
                         CERTIFICATION OF SERVICE
 
    COPIES OF THE DECISION ON CHALLENGED BALLOTS OF THE FEDERAL LABOR
 RELATIONS AUTHORITY IN THE SUBJECT PROCEEDING HAVE THIS DAY BEEN MAILED
 TO THE PARTIES LISTED BELOW:
 
                            MR. PHILLIP KANNAN
 
                           DEPARTMENT OF ENERGY
 
                           OAK RIDGE OPERATIONS
 
                                P.O. BOX E
 
                        OAK RIDGE, TENNESSEE 37830
 
                            MR. DANIEL L. HURD
 
                    NATIONAL ASSOCIATION OF GOVERNMENT
 
                                 EMPLOYEES
 
                               LOCAL R5-181
 
                       2139 WISCONSIN AVENUE, N.W.
 
                          WASHINGTON, D.C. 20007
 
                           MR. JOSEPH E. FINLEY
 
                                   OPEIU
 
                            57 BROOKSTONE DRIVE
 
                        PRINCETON, NEW JERSEY 08540
 
                           MR. SEYMOUR X. ALSHER
 
                             REGIONAL DIRECTOR
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
                       1776 PEACHTREE STREET, N.W.
 
                           SUITE 501, NORTH WING
 
                          ATLANTA, GEORGIA 30309
 
    PHILLIP M. KANNAN, ESQUIRE
 
                             FOR THE ACTIVITY
 
    DANIEL L. HURD
 
    ROBBIN FULNER
 
                            FOR THE PETITIONER
 
    JOSEPH E. FINLEY, ESQUIRE
 
                            FOR THE INTERVENOR
 
    BEFORE:  GARVIN LEE OLIVER
 
    ADMINISTRATIVE LAW JUDGE
 
                                 DECISION
 
    THIS PROCEEDING AROSE PURSUANT TO THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE, 92 STAT. 1191, 5 U.S.C. 7101 ET SEQ.
 (THE STATUTE) PURSUANT TO A NOTICE OF HEARING ON CHALLENGED BALLOTS
 ISSUED BY THE REGIONAL DIRECTOR, FEDERAL LABOR RELATIONS AUTHORITY,
 ATLANTA REGION.
 
    THE ISSUES HEREIN CONCERN THE ELIGIBILITY TO VOTE OF 48 EMPLOYEES.
 THEIR BALLOTS WERE CHALLENGED BY THE ACTIVITY AT AN ELECTION, CONDUCTED
 UNDER THE SUPERVISION OF THE REGIONAL DIRECTOR, ATLANTA, GEORGIA, HELD
 AMONG A UNIT OF THE ACTIVITY'S EMPLOYEES ON MARCH 4, 1980.
 
    A HEARING WAS HELD IN THIS MATTER BEFORE THE UNDERSIGNED IN OAK
 RIDGE, TENNESSEE.  ALL PARTIES WERE REPRESENTED AND AFFORDED FULL
 OPPORTUNITY TO BE HEARD, TO ADDUCE RELEVANT EVIDENCE, EXAMINE AND
 CROSS-EXAMINE WITNESSES, AND FILE POST-HEARING BRIEFS.  THE ACTIVITY AND
 THE OFFICE AND PROFESSIONAL EMPLOYEES INTERNATIONAL UNION, AFL-CIO
 (INTERVENOR) FILED EXCELLENT BRIEFS WHICH WERE OF GREAT ASSISTANCE IN MY
 RESEARCH AND DELIBERATIONS.
 
    BASED ON THE ENTIRE RECORD HEREIN, INCLUDING MY OBSERVATION OF THE
 WITNESSES AND THEIR DEMEANOR, THE EXHIBITS, AND THE BRIEFS, I MAKE THE
 FOLLOWING FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATIONS.
 ANY PROPOSED FINDING INCONSISTENT WITH THE FOLLOWING HAS BEEN CAREFULLY
 CONSIDERED AND IS HEREBY REJECTED.
 
                     FINDINGS OF FACT AND CONCLUSIONS
 
    I.  BACKGROUND
 
    PURSUANT TO THE PROVISIONS OF AN AGREEMENT FOR CONSENT OR DIRECTED
 ELECTION APPROVED ON FEBRUARY 5, 1980, AN ELECTION BY SECRET BALLOT WAS
 CONDUCTED UNDER THE SUPERVISION OF THE REGIONAL DIRECTOR, ATLANTA,
 GEORGIA, ON MARCH 4, 1980.  THE UNIT IN THE AGREEMENT FOR CONSENT OR
 DIRECTED ELECTION READS AS FOLLOWS:
 
    ALL PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES OF THE DEPARTMENT OF
 ENERGY'S OAK RIDGE
 
    OPERATIONS AND TECHNICAL INFORMATION CENTER EXCLUDING EMPLOYEES
 REPRESENTED BY OTHER LABOR
 
    ORGANIZATIONS IN EXCLUSIVE UNITS;  MANAGEMENT OFFICIALS;
 SUPERVISORS;  AND EMPLOYEES DESCRIBED
 
    IN 5 USC 7112(B)(2), (3), (4), (6), AND (7).
 
    THE RESULTS OF THE ELECTION AS SET FORTH IN THE TALLY OF BALLOTS FOR
 PROFESSIONAL EMPLOYEES
 
    ARE AS FOLLOWS:
 
    APPROXIMATE NUMBER OF ELIGIBLE VOTERS . . . . . 180
 
    VOID BALLOTS . . . . . 3
 
    VOTES CAST FOR INCLUSION IN THE NONPROFESSIONAL UNIT . . . .  . 89
 
    VOTES CAST FOR A SEPARATE PROFESSIONAL UNIT . . . . . 47
 
    VALID VOTES COUNTED . . . . . 136
 
    CHALLENGED BALLOTS . . . . . 2
 
    VALID VOTES COUNTED PLUS CHALLENGED BALLOTS . . . . . 138
 
    THE TALLY OF BALLOTS FOR THE PROFESSIONAL AND NONPROFESSIONAL
 EMPLOYEES SHOWS THE
 
    FOLLOWING:
 
    APPROXIMATE NUMBER OF ELIGIBLE VOTERS . . . . . 493
 
    VOTES CASE FOR NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES (NAGE) .
 . . . . 126
 
    VOTES CAST FOR OFFICE AND PROFESSIONAL EMPLOYEES INTERNATIONAL UNION,
 AFL-CIO . . . . . 190
 
    VOTES CAST AGAINST EXCLUSIVE RECOGNITION . . . . . 83
 
    VALID VOTES COUNTED . . . . . 399
 
    CHALLENGED BALLOTS (INCLUDING THE TWO LISTED IN TALLY OF BALLOTS FOR
 PROFESSIONAL
 
    EMPLOYEES) . . . . . 48
 
    VALID VOTES COUNTED PLUS CHALLENGED BALLOTS . . . . . 447
 
    THE CHALLENGED BALLOTS ARE SUFFICIENT IN NUMBER TO AFFECT THE RESULTS
 OF THE ELECTION.
 
    THE PETITIONER AND INTERVENOR TAKE THE POSITION THAT ALL INDIVIDUALS
 WHO CAST CHALLENGED
 
    BALLOTS WERE ELIGIBLE TO PARTICIPATE IN THE ELECTION.
 
    THE REGIONAL DIRECTOR ISSUED HIS REPORT AND FINDINGS ON CHALLENGED
 BALLOTS ON MARCH 18, 1980.  HE CONCLUDED THAT A RELEVANT QUESTION OF
 FACT EXISTS CONCERNING THE CHALLENGED BALLOTS AND ACCORDINGLY ISSUED THE
 NOTICE OF HEARING.
 
    II.  STIPULATION
 
    DURING THE COURSE OF THE HEARING THE PARTIES STIPULATED THAT THE
 CHALLENGES TO THE BALLOTS OF KATHY L. DARNELL, SECRETARY (STENOGRAPHY),
 GS-318-5, AND MARJORIE M.  WHALEY WOULD BE ACCEPTED, AND THUS SUSTAINED,
 AND THAT THE CHALLENGES TO THE BALLOTS OF CHARLOTTE HAMBY, PAYROLL
 TECHNICIAN, GS-544-6, AND LILA FAY GREENE WOULD BE DROPPED, AND THUS
 OVERRULED.  (TR. 11).
 
    THE ACTIVITY ALSO CORRECTED THE GROUNDS FOR SOME OF ITS CHALLENGES AS
 SET OUT MORE FULLY HEREINAFTER.  (TR. 11-12).
 
    III.  THE CHALLENGES
 
    THE FINDINGS AND CONCLUSIONS WILL BE DIVIDED INTO FOUR PARTS
 ACCORDING TO THE BASES OF THE ACTIVITY'S CHALLENGES:  CONFIDENTIAL
 EMPLOYEES, SUPERVISORS, EMPLOYEES ENGAGED IN PERSONNEL WORK IN OTHER
 THAN A PURELY CLERICAL CAPACITY, AND EMPLOYEES ENGAGED IN SECURITY WORK
 WHICH DIRECTLY AFFECTS NATIONAL SECURITY.
 
                        A.  CONFIDENTIAL EMPLOYEES
 
    1.  BACKGROUND
 
    THE ACTIVITY CHALLENGED THE BALLOTS OF THE EMPLOYEES LISTED BELOW ON
 THE BASIS THAT EACH IS A "CONFIDENTIAL EMPLOYEE" WITHIN THE MEANING OF
 SECTION 7103(A)(13) OF THE STATUTE.  THE ACTIVITY ASSERTS THAT EACH IS
 EMPLOYED AS THE PRINCIPAL CLERICAL ASSISTANT OR SECRETARY TO THE HEAD OF
 A DIVISION OR OFFICE AT OAK RIDGE OPERATIONS OFFICE OR OF A BRANCH CHIEF
 AT THE TECHNICAL INFORMATION CENTER:
 
    MARY S. BAGWELL, SECRETARY (STENOGRAPHY), GS-318-6
 
    JOYCE J. BAKER, MAIL AND FILE CLERK (TYPING), GS-305-7
 
    FONDA B. BARNES, SECRETARY (STENOGRAPHY), GS-318-6
 
    SHERRIA T. BROWN, SECRETARY (STENOGRAPHY), GS-318-4
 
    TRILLA F. COOPER, CLERK-STENOGRAPHER, GS-312-3
 
    ARLENE M. CORONA, SECRETARY (STENOGRAPHY), GS-318-4
 
    MARY ELAINE DUNCAN, CLERK-STENOGRAPHER, GS-312-4
 
    LENORA H. FLEISCHMAN, SECRETARY (STENOGRAPHY), GS-318-6
 
    JANE M. HARMAN, SECRETARY (STENOGRAPHY), GS-318-5
 
    VIOLET ISON, SECRETARY (STENOGRAPHY), GS-318-5
 
    JOANN LEACH, SECRETARY (STENOGRAPHY), GS-318-4
 
    PEGGY W. MCCONNELL, SECRETARY (STENOGRAPHY), GS-318-6
 
    JEANETTE S. MILLER, SECRETARY (STENOGRAPHY), GS-318-7
 
    JUDITH H. OSBORNE, CLERK-STENOGRAPHER, GS-312-3
 
    SUSAN G. OXENDINE, SECRETARY (STENOGRAPHY), GS-318-5
 
    MELDA J. RAFFERTY, SECRETARY (STENOGRAPHY), GS-318-5
 
    MARY C. RABY, SECRETARY (STENOGRAPHY), GS-318-5
 
    ROBIN Q. SPRADLEN, SECRETARY (STENOGRAPHY), GS-318-5
 
    MARY C. STEWART, SECRETARY (STENOGRAPHY), GS-318-6
 
    NAOMI D. WAGNER, SECRETARY (STENOGRAPHY), GS-318-6
 
    VERA WARREN, PRINTING CLERK (TYPING), GS-351-6
 
    REBA M. WILKEY, SECRETARY (STENOGRAPHY), GS-318-6
 
    OPAL F. WILSON, SECRETARY (STENOGRAPHY), GS-318-6
 
    2.  FINDINGS
 
    OAK RIDGE OPERATIONS HAS 630 FEDERAL EMPLOYEES.  IT IS HEADED BY A
 MANAGER.  BELOW THE MANAGER AND HIS ADMINISTRATIVE STAFF ARE SEVEN
 DEPUTY OR ASSISTANT MANAGERS.  THE SEVEN DEPUTY OR ASSISTANT MANAGERS
 GENERALLY HAVE BETWEEN TWO TO FIVE DIVISIONS EACH UNDER THEM.  THERE ARE
 A TOTAL OF APPROXIMATELY 29 DIVISIONS, EACH OF WHICH IS HEADED BY A
 DIVISION DIRECTOR.  THE DIVISION DIRECTOR IS AT THE THIRD LEVEL OF
 MANAGEMENT.  (TR. 19, 27;  ACTIVITY EX. 3).
 
    THE TECHNICAL INFORMATION CENTER HAS 245 EMPLOYEES AND ANOTHER 20
 STUDENT AIDES.  IT IS HEADED BY A MANGER.  BELOW THE MANAGER AND HIS
 ADMINISTRATIVE STAFF ARE THREE ASSISTANT MANAGERS.  THE THREE ASSISTANT
 MANAGERS EACH HAVE BETWEEN TWO TO FOUR BRANCHES UNDER THEM.  THERE ARE A
 TOTAL OF NINE BRANCHES, EACH OF WHICH IS HEADED BY A BRANCH CHIEF.  THE
 BRANCH CHIEF IS ALSO AT THE THIRD LEVEL OF MANAGEMENT.  THE BRANCHES ARE
 FURTHER ORGANIZED INTO SECTIONS.  (TR.  70;  ACTIVITY EX. 9B).
 
    DIVISION DIRECTORS AND BRANCH CHIEFS HAVE BEEN DELEGATED CERTAIN
 AUTHORITIES AND RESPONSIBILITIES TO BE CARRIED OUT FOR ALL EMPLOYEES
 THEY SUPERVISE.  THESE INCLUDE THE AUTHORITY TO:
 
    1.  WITH THE CONCURRENCE OF THE DIRECTOR, ORGANIZATION AND PERSONNEL
 DIVISION,
 
    A.  SELECT EMPLOYEES FOR APPOINTMENT, REASSIGNMENT, TRANSFER
 PROMOTION, AND OTHER PLACEMENT
 
    ACTIONS UP TO AND INCLUDING GS-13, AND RECOMMEND SUCH ACTIONS FOR
 GS-14 AND GS-15
 
    POSITIONS;  /1/
 
    B.  APPROVE DEVIATIONS FROM ESTABLISHED HOURS OF WORK;
 
    C.  RECOMMEND QUALITY INCREASES FOR GS-1 THROUGH -15 EMPLOYEES;
 
    D.  MAKE DETERMINATIONS CONCERNING LESS SEVERE ADVERSE ACTIONS, SUCH
 AS REPRIMANDS AND
 
    SUSPENSIONS FROM ONE TO 20 DAYS;
 
    2.  RECOMMEND ACTION CONCERNING THE MORE SEVERE ADVERSE ACTIONS, SUCH
 AS DISCHARGE,
 
    3.  RESOLVE INFORMAL GRIEVANCES AND PROCESS FORMAL GRIEVANCES UNDER
 THE AGENCY GRIEVANCE
 
    PROCEDURE, /2/
 
    4.  DETERMINE POSITION MANAGEMENT ISSUES, INCLUDING ORGANIZATION OF
 THE WORK UNIT,
 
    ESTABLISHMENT AND ABOLITION OF POSITIONS, SPECIFIC FUNCTIONS TO BE
 PERFORMED BY EACH POSITION,
 
    RATING PANELS, AND TRAINING AND EMPLOYEE DEVELOPMENT MATTERS,
 
    5.  AUTHORIZE OVERTIME PAY AND NON-OVERTIME PREMIUM PAY.  (ACTIVITY
 EX 7;  JOINT
 
    EX. 1;  TR. 37-43, 89-90.) DIVISION DIRECTORS AND BRANCH CHIEFS HAVE
 EXERCISED THE AUTHORITY DELEGATED TO THEM.  (JOINT EX. 1).
 
    THE SECRETARIES OF THE DIVISION DIRECTORS AND SECTION CHIEFS (LISTED
 ABOVE) ARE INVOLVED IN SUCH MATTERS ON A REGULAR BASIS BY THE CLERICAL
 PREPARATION OF FORMAL ACTION REQUESTS AND BACKUP MATERIAL.  THEY ARE
 EXPECTED TO KEEP THESE MATTERS IN CONFIDENCE AND NOT DIVULGE THEIR
 KNOWLEDGE OF SUCH ACTION TO OTHERS.  (JOINT EX. 1).
 
    DIVISION DIRECTORS AT OAK RIDGE OPERATIONS AND BRANCH CHIEFS AT THE
 TECHNICAL INFORMATION CENTER WILL BE INVOLVED IN ESTABLISHING
 PERFORMANCE STANDARDS FOR EMPLOYEES AND EVALUATING EMPLOYEES'
 PERFORMANCE UNDER THOSE STANDARDS.  (TR. 42-43;  89-90).  IN ADDITION,
 IF AN ACTIVITY-WIDE BARGAINING UNIT SHOULD BE CERTIFIED, THEIR
 RESPONSIBILITIES WILL INCLUDE THE PROCESSING OF GRIEVANCES UNDER ANY
 NEGOTIATED GRIEVANCE PROCEDURE AND PARTICIPATION IN THE FORMULATION OF
 MANAGEMENT BARGAINING PROPOSALS AND THE ANALYSIS OF UNION PROPOSALS.
 (TR. 41-42).
 
    3.  CONCLUSIONS CONCERNING CONFIDENTIAL EMPLOYEES,
 
    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 ISSUES
 PRESENTED ARE WHETHER THE DIVISION DIRECTORS AND BRANCH CHIEFS FORMULATE
 OR EFFECTUATE MANAGEMENT POLICIES IN THE FIELD OF LABOR-MANAGEMENT
 RELATIONS, AND, IF SO, WHETHER THE EMPLOYEES IN DISPUTE ACT IN A
 CONFIDENTIAL CAPACITY TO SUCH OFFICIALS WHEN THEY ARE PERFORMING DUTIES
 IN THE FIELD OF LABOR-MANAGEMENT RELATIONS.
 
    THE DIVISION DIRECTORS AND BRANCH CHIEFS HAVE BROAD GENERAL
 RESPONSIBILITIES IN SUCH AREAS AS GRIEVANCE PROCESSING, HIRING,
 PERFORMANCE APPRAISALS, AWARDS, DISCIPLINARY ACTIONS, PROMOTIONS, AND
 TRAINING.  THUS, I CONCLUDE THAT THEY EFFECTUATE MANAGEMENT POLICIES IN
 THE FIELD OF LABOR-MANAGEMENT RELATIONS, WITHIN THE MEANING OF SECTION
 7103(A)(13) OF THE STATUTE.
 
    THE SECRETARIES OF THE DIVISION DIRECTORS AND BRANCH CHIEFS ARE
 INVOLVED IN GRIEVANCE PROCESSING AND SIGNIFICANT PERSONNEL ACTIONS ON A
 REGULAR BASIS BY THE CLERICAL PREPARATION OF FORMAL ACTION REQUESTS AND
 BACKUP MATERIAL.  THEY ARE EXPECTED TO KEEP THEIR ADVANCE KNOWLEDGE OF
 SUCH MATTERS IN CONFIDENCE AND NOT DIVULGE THIS INFORMATION TO OTHERS
 PRIOR TO FORMAL ACTION BEING TAKEN.  THUS, I CONCLUDE THAT EACH OF THE
 DISPUTED EMPLOYEES ACTS IN A CONFIDENTIAL CAPACITY TO A DIVISION
 DIRECTOR-- OR BRANCH CHIEF-- WHEN THE DIVISION DIRECTOR OR BRANCH CHIEF
 IS PERFORMING DUTIES IN THE FIELD OF LABOR-MANAGEMENT RELATIONS AND THAT
 EACH OF THE EMPLOYEES IN DISPUTE IS A CONFIDENTIAL EMPLOYEE WITHIN THE
 MEANING OF THE STATUTE.
 
    B.  SUPERVISORY EMPLOYEES
 
    1.  BACKGROUND
 
    THE ACTIVITY CHALLENGED THE BALLOTS OF PAULINE M. HORNE, BOB G.
 JOHNSON, MARTHA A. LYLE, AND KATHRYN A. WALTER ON THE BASIS THAT EACH IS
 A SUPERVISOR WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE STATUTE.
 SECTION 7103(A)(10) DEFINES SUPERVISOR AS FOLLOWS:
 
    "SUPERVISOR" MEANS 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,
 EXCEPT THAT, WITH RESPECT
 
    TO ANY UNIT WHICH INCLUDES FIREFIGHTERS OR NURSES, THE TERM
 "SUPERVISOR" INCLUDES ONLY THOSE
 
    INDIVIDUALS WHO DEVOTE A PREPONDERANCE OF THEIR EMPLOYMENT TIME TO
 EXERCISING SUCH AUTHORITY;"
 
    WHEN ASSESSING AN INDIVIDUAL'S PERFORMANCE IN REGARD TO TASKS
 INDICATING SUPERVISORY AUTHORITY, THE EVIDENCE MUST ESTABLISH THE
 EXERCISE BY THE EMPLOYEE OF INDEPENDENT JUDGMENT, AND IT MUST ESTABLISH
 THAT INDEPENDENT JUDGEMENT IS A CONSISTENT FEATURE OF THE EMPLOYEE'S
 PERFORMANCE OF SUCH TASKS.  ARMY AND AIR FORCE EXCHANGE SERVICE, BASE
 EXCHANGE, FORT CARSON, FORT CARSON, COLORADO, CASE NO. 7-CU-10, 3 FLRA
 NO. 95 (1980).
 
    2.  FINDINGS
 
    PAULINE M. HORNE, ADMINISTRATIVE OFFICER, GS-341-11
 
    PAULINE M. HORNE IS AN ADMINISTRATIVE OFFICER, GS-11.  SHE IS
 RESPONSIBLE TO THE ASSISTANT MANAGER FOR CONSTRUCTION AND ENGINEERING.
 SHE HAS NUMEROUS DUTIES RELATING TO CONTRACT ADMINISTRATION, BUDGET,
 PERSONNEL, MANAGEMENT ANALYSIS, PROPERTY, TRAVEL, AND OFFICE SERVICES.
 SHE SPENDS 75 PER CENT OF HER TIME ON HER OWN WORK.  SHE HAS TWO FILE
 CLERKS REPORTING TO HER AND SPENDS 25 PER CENT OF HER TIME DIRECTING AND
 EVALUATING THEIR WORK.  SHE RECENTLY INTERVIEWED APPLICANTS FOR THE
 POSITION OF FILE CLERK AND EFFECTIVELY RECOMMENDED THE HIRING OF ONE
 APPLICANT FOR THE POSITION.  SHE ASSIGNS WORK, REVIEWS WORK
 ACCOMPLISHMENTS, EVALUATES PERFORMANCE, COUNSELS THE EMPLOYEES, AND
 MAKES EFFECTIVE RECOMMENDATIONS FOR PROMOTIONS AND DISCIPLINARY ACTION.
 
    BASED ON THE FOREGOING, AND THE EVIDENCE OF THE CONSISTENT EXERCISE
 OF INDEPENDENT JUDGEMENT, I FIND THAT THE EMPLOYEE IS A SUPERVISOR
 WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE STATUTE.
 
    BOB G. JOHNSON, SUPERVISORY LIBRARY TECHNICIAN, GS-1411-7
 
    BOB G. JOHNSON IS CLASSIFIED AS A SUPERVISORY LIBRARY TECHNICIAN,
 GS-7.  HE IS IN CHARGE OF THE SECOND SHIFT FROM APPROXIMATELY 2:30 P.M.
 TO 11 P.M. IN THE DESCRIPTIVE CATALOGING SECTION OF THE TECHNICAL
 INFORMATION CENTER.  HE REPORTS DIRECTLY TO THE SECTION CHIEF, WHO IS IN
 CHARGE OF THE FIRST SHIFT UNTIL 3:30 P.M.  JOHNSON IS RESPONSIBLE FOR
 COMPLETION OF WORK ASSIGNED TO THE SECOND SHIFT.  HE CONSISTENTLY
 ASSIGNS AND DIRECTS THE WORK OF FROM 4 TO 6 LOWER GRADED EMPLOYEES.  HE
 DETERMINES WHO WILL PERFORM THE WORK, BASED UPON HIS EVALUATION OF THE
 NATURE OF THE JOB AND THE EXPERTISE OF THE EMPLOYEES.  HE ALSO
 PARTICIPATES IN THE TRAINING OF THE EMPLOYEES.
 
    JOHNSON IS EXPECTED TO RESOLVE MINOR PERSONNEL PROBLEMS, BUT DOES NOT
 PROCESS FORMAL GRIEVANCES.  HE REPORTS ON EMPLOYEE PERFORMANCE AND
 DISCIPLINARY PROBLEMS TO THE SECTION CHIEF AND BRANCH CHIEF AND
 PARTICIPATES IN DISCUSSIONS CONCERNING POSSIBLE ACTION.  WHILE HIS VIEWS
 ARE GIVEN WEIGHT, SUCH MATTERS ARE USUALLY INVESTIGATED INDEPENDENTLY BY
 THE BRANCH CHIEF BEFORE FORMAL ACTION IS TAKEN.
 
    AS THE RECORD ESTABLISHES THAT JOHNSON CONSISTENTLY EXERCISES
 INDEPENDENT JUDGMENT IN EXERCISING THE AUTHORITY TO DIRECT AND ASSIGN
 WORK, I FIND THAT HE IS A SUPERVISOR AS DEFINED BY SECTION 7103(A)(10)
 OF THE STATUTE.
 
    MARTHA A. LYLE, SUPERVISORY LEGAL TECHNICIAN, GS-986-08
 
    INCUMBENT REPORTS TO THE CHIEF COUNSEL AND HAS SIX LOWER GRADED
 EMPLOYEES REPORTING TO HER.  SHE OVERSEES THE WORK OF THESE EMPLOYEES IN
 THE WORD PROCESSING CENTER, LIBRARY, AND MAIL AND FILE ROOM, AND WORKS
 INDEPENDENTLY ON CONTRACT DOCUMENTS, BUDGET, AND GENERAL ADMINISTRATIVE
 SERVICES FOR THE OFFICE OF CHIEF COUNSEL.
 
    INCUMBENT ASSIGNS AND REASSIGNS WORK BASED ON A CONSIDERATION OF
 RESOURCES.  SHE CAN SHIFT PERSONNEL FROM ONE TYPE OF OFFICE OPERATION TO
 ANOTHER.  THE NORMAL DAY-TO-DAY OPERATIONS ARE STANDARDIZED AND ROUTINE;
  HOWEVER, SHE BECOMES INVOLVED WHEN PROBLEMS ARISE, ANSWERS QUESTIONS OF
 EMPLOYEES, AND MAKES ASSIGNMENTS TO CORRECT DEFICIENCIES BASED ON
 GENERAL POLICIES AND COMMITMENTS SET BY THE CHIEF COUNSEL.  SHE APPROVES
 LEAVE, EVALUATES THE EMPLOYEES REPORTING TO HER, AND EFFECTIVELY
 RECOMMENDS FOR APPROVAL BY THE CHIEF COUNSEL THE SELECTION, PROMOTION,
 OR DISCIPLINING OF EMPLOYEES.  SHE HAS ISSUED REPRIMANDS.
 
    BASED ON THE FOREGOING, AND THE EVIDENCE OF THE CONSISTENT EXERCISE
 OF INDEPENDENT JUDGMENT IN DIRECTING, ASSIGNING, AND EFFECTIVELY
 RECOMMENDING THE HIRING, PROMOTION, AND DISCIPLINING OF EMPLOYEES, I
 CONCLUDE THAT MARTHA A. LYLE IS A SUPERVISOR AS DEFINED IN THE STATUTE.
 
    KATHRYN A. WALTER, CLASSIFICATION OFFICER, GS-1301-13
 
    AS A CLASSIFICATION OFFICER, KATHRYN A. WALTER'S PRIMARY DUTIES
 INVOLVE PROVIDING SECURITY CLASSIFICATION AND DECLASSIFICATION GUIDANCE
 FOR ALL OAK RIDGE OPERATIONS UNITS AND CONTRACTORS.  SHE REPORTS TO THE
 ASSISTANT MANAGER FOR MANUFACTURING AND SUPPORT AND HAS ONE SUBORDINATE
 CLASSIFICATION SPECIALIST AND A SECRETARY REPORTING TO HER.
 
    SHE SELECTED THE CLASSIFICATION SPECIALIST, EFFECTIVELY RECOMMENDED
 THE SECRETARY FOR PROMOTION, ASSIGNS WORK TO THE TWO EMPLOYEES, AND
 ATTENDS SUPERVISORY MEETINGS CALLED BY THE ASSISTANT MANAGER.
 
    BASED ON THE FOREGOING, I CONCLUDE THAT KATHRYN A WALTER IS A
 SUPERVISOR WITHIN THE MEANING OF THE STATUTE.
 
    C.  EMPLOYEES PERFORMING PERSONNEL WORK
 
    THE ACTIVITY CHALLENGED THE BALLOTS OF MICKEY M. MOORE AND PATRICIA
 SMITH /3/ ON THE GROUNDS THAT BOTH ARE "ENGAGED IN PERSONNEL WORK IN
 OTHER THAN A PURELY CLERICAL CAPACITY" AND ARE EXCLUDED UNDER SECTION
 7112(B)(3) OF THE STATUTE.
 
    MS. MOORE IS THE CURRENT PART-TIME FEDERAL WOMENS' PROGRAM MANAGER
 (FWPM).  SHE HAS SERVED IN THIS POSITION SINCE AUGUST 1979.  MS. SMITH
 IS THE CURRENT PART-TIME ASSISTANT FWPM.  AFTER AN INITIAL 18 MONTH
 PERIOD AS ASSISTANT, SHE WILL BECOME THE FWPM, REPLACING MS. MOORE.
 BOTH EMPLOYEES WERE SELECTED FOR THE POSITIONS UNDER MERIT SELECTION
 PROCEDURES.  DUTIES ARE OF THE SAME TYPE FOR BOTH POSITIONS.  THESE
 DUTIES ARE PERFORMED IN ADDITION TO THE EMPLOYEES' REGULARLY ASSIGNED
 DUTIES AND OCCUPY APPROXIMATELY 20% OF THEIR TIME.
 
    THE JANUARY 1974 CIVIL SERVICE COMMISSION PUBLICATION, "GUIDELINES
 FOR FEDERAL WOMEN'S PROGRAM COORDINATORS," REFLECTS THE PURPOSE OF THE
 DESIGNATION OF FEDERAL WOMEN'S PROGRAM COORDINATOR:
 
    CIVIL SERVICE COMMISSION REGULATIONS IMPLEMENTING PUBLIC LAW 92-261,
 THE EQUAL EMPLOYMENT
 
    OPPORTUNITY ACT, REQUIRE THAT FEDERAL AGENCIES DESIGNATE A FEDERAL
 WOMEN'S PROGRAM COORDINATOR
 
    TO ADVISE THE DIRECTOR OF EEO ON MATTERS AFFECTING THE EMPLOYMENT AND
 ADVANCEMENT OF WOMEN AND
 
    TO ASSURE THAT NECESSARY SPECIFIC ACTIONS ARE TAKEN REGARDING EQUAL
 OPPORTUNITY FOR
 
    WOMEN.  THE DESIGNATION OF AN FWP COORDINATOR IN NO WAY DIMINISHES
 THE OVERALL RESPONSIBILITY
 
    OF THE DIRECTOR OF EEO FOR AFFIRMATIVE ACTION FOR EQUAL OPPORTUNITY
 FOR ALL PERSONS, OR THE
 
    AFFIRMATIVE ACTION FOR EQUAL OPPORTUNITY FOR ALL PERSONS, OR THE
 AGENCY HEAD'S RESPONSIBILITY
 
    FOR THE TOTAL INTEGRATION OF EQUAL OPPORTUNITY INTO ALL FACETS OF
 PERSONNEL
 
    MANAGEMENT.  RATHER, THE DESIGNATION OF A FWP COORDINATOR PROVIDES A
 VITAL RESOURCE TO ASSIST
 
    IN IDENTIFYING PROBLEM AREAS IMPEDING THE SELECTION AND ADVANCEMENT
 OF WOMEN IN A PARTICULAR
 
    AGENCY AS WELL AS WAYS AND MEANS OF OVERCOMING THESE BARRIERS.  THE
 PERSON SO DESIGNATED
 
    SHOULD HAVE EMPATHY FOR AND UNDERSTANDING OF THE SPECIAL CONCERNS OF
 WOMEN IN THE EMPLOYMENT
 
    SITUATION AND BE ABLE TO COMMUNICATE EFFECTIVELY WITH TOP MANAGEMENT
 OFFICIALS, COMMUNITY
 
    REPRESENTATIVES, EMPLOYEE GROUPS AND ORGANIZATIONS, AND MALE AND
 FEMALE EMPLOYEES OF THE
 
    FEDERAL WORK FORCE.  THE CIVIL SERVICE COMMISSION'S QUALIFICATIONS
 STANDARDS FOR THE EQUAL
 
    EMPLOYMENT OPPORTUNITY SERIES (GS-160) INCLUDE THE REQUIREMENTS FOR
 BOTH FULL-TIME AND
 
    PART-TIME FWP COORDINATORS.  (ACTIVITY EX. 14A, P. 2).
 
    IT IS NOTED THAT THE DESIGNATION OF A FWP COORDINATOR "IN NO WAY
 DIMINISHES THE OVERALL RESPONSIBILITY OF THE DIRECTOR OF EEO FOR
 AFFIRMATIVE ACTION FOR EQUAL OPPORTUNITY FOR ALL PERSONS, OR THE AGENCY
 HEAD'S RESPONSIBILITY FOR THE TOTAL INTEGRATION OF EQUAL OPPORTUNITY
 INTO ALL FACETS OF PERSONNEL MANAGEMENT.  RATHER, THE DESIGNATION OF A
 FWP COORDINATOR PROVIDES A VITAL RESOURCE TO ASSIST IN IDENTIFYING
 PROBLEM AREAS IMPEDING THE SELECTION AND ADVANCEMENT OF WOMEN IN A
 PARTICULAR AGENCY AS WELL AS WAYS AND MEANS OF OVERCOMING THESE
 BARRIERS." AS ONE PART OF THE DUTY TO "IDENTIFY PROBLEM AREAS . . . AS
 WELL AS WAYS AND MEANS OF OVERCOMING THESE BARRIERS," THE FWP
 COORDINATOR IS DESIGNATED TO RECEIVE SEX DISCRIMINATION COMPLAINTS FOR
 FORWARDING TO THE DIRECTOR OF EEO FOR PROCESSING UNDER CONTROLLING
 REGULATIONS.  THE FWPC MONITORS THE NUMBER, TYPE, AND SOURCE OF THE
 COMPLAINTS, BUT DOES NOT BECOME INVOLVED IN THE ADJUDICATION PROCESS, OR
 SERVE AS A REPRESENTATIVE OF EITHER THE COMPLAINANT OR THE AGENCY IN
 INDIVIDUAL CASES.  (ACTIVITY EX. 14 A, P.10).
 
    THE PARTICULAR JOB DESCRIPTION OF THE FWPM AND ASSISTANT FWPM IN
 QUESTION ALSO REFLECT THEIR PRINCIPLE ROLE IN IDENTIFYING FOR MANAGEMENT
 PROBLEM AREAS IMPEDING THE SELECTION AND ADVANCEMENT OF WOMEN AND
 POSSIBLE WAYS AND MEANS OF OVERCOMING THESE BARRIERS.  THUS, THE FWPM
 ANALYZES WORKFORCE COMPOSITION TO IDENTIFY AREAS OF UNDERREPRESENTATION
 FOR CORRECTIVE ACTION;  REVIEWS PERSONNEL POLICIES AND NOTICES TO
 IDENTIFY PROCEDURAL BARRIERS;  SERVES AS A MEMBER OF THE EEO ADVISORY
 COMMITTEE AND PROVIDES INPUT FOR EEO PLANS;  DISCUSSES PROBLEMS, WITH
 EMPLOYEES, ACTING AS A BRIDGE BETWEEN MANAGEMENT AND EMPLOYEES TO
 INFORMALLY RESOLVE COMPLAINTS, OR DIRECTING THEM TO PROPER CHANNELS FOR
 RESOLUTION OF THEIR PROBLEMS;  PROPOSES TO MANAGEMENT AND AGGRIEVED
 EMPLOYEES SOLUTIONS, AND, WHEN, APPROPRIATE, SUBMITS WRITTEN REPORTS OF
 COUNSELING AND STATES PROPOSED RESOLUTIONS.  (ACTIVITY EX. 14 C AND D).
 
    THE DUTIES PERFORMED BY THE FWPM AT OAK RIDGE OPERATIONS HAVE
 INCLUDED PARTICIPATION IN RECRUITING TRIPS TO COLLEGES AND UNIVERSITIES
 TO INTEREST WOMEN IN APPLYING FOR POSITIONS;  ARRANGING FOR TRAINING
 SESSIONS ON TOPICS OF INTEREST TO WOMEN, SUCH AS ESTATE PLANNING, CAREER
 ENRICHMENT, ASSERTIVENESS TRAINING, AND PREPARING EFFECTIVE JOB
 APPLICATIONS;  COUNSELING WOMEN ON VARIOUS PROBLEMS;  AND COMPLETING
 TRAINING COURSES, WORKSHOPS, AND SEMINARS ON SUCH SUBJECTS AS
 MANAGEMENT, EQUAL EMPLOYMENT, AND THE DEVELOPMENT OF WOMEN'S PROGRAMS.
 (TR.  246-247;  334-335).
 
    THE DUTIES AND RESPONSIBILITIES OF THE PART-TIME FWP MANAGER AND
 ASSISTANT AT OAK RIDGE OPERATIONS REVEAL THAT THE INTENT OF THE CIVIL
 SERVICE COMMISSION FOR THE POSITION HAS BEEN CARRIED OUT.  THEY HAVE
 BEEN ASSIGNED DUTIES PRIMARILY AS RESOURCE PERSONS OR ADVISORS.  THEY
 IDENTIFY BOTH PROBLEM AREAS IN THE UTILIZATION OF WOMEN AND POSSIBLE
 REMEDIES FOR EEO, PERSONNEL, AND TOP MANAGEMENT.  THE PART-TIME WORK OF
 THIS NATURE DOES NOT SERVE TO IDENTIFY OR ASSOCIATE THESE EMPLOYEES WITH
 MANAGEMENT OR THE PERSONNEL WORK FUNCTION TO SUCH A DEGREE AS TO REQUIRE
 THAT THEY BE EXCLUDED FROM A BARGAINING UNIT.  COMPARE FEDERAL DEPOSIT
 INSURANCE CORPORATION, 2 FLRA NO. 61 (1980), WHERE THE CHARACTER AND
 EXTENT OF PARTICIPATION IN PERSONNEL WORK IN OTHER THAN A PURELY
 CLERICAL CAPACITY BY A FULL-TIME FEDERAL WOMEN'S PROGRAM MANAGER
 EMPLOYED IN THE OFFICE OF EMPLOYEE RELATIONS REQUIRED THAT SHE BE
 EXCLUDED FROM THE UNIT.
 
    D.  EMPLOYEES ENGAGED IN SECURITY WORK WHICH DIRECTLY AFFECTS
 NATIONAL SECURITY
 
    THE ACTIVITY CHALLENGED THE BALLOTS OF 16 EMPLOYEES ON THE BASIS THAT
 THEY ARE EXCLUDED FROM THE UNIT UNDER SECTION 7112(B)(6) OF THE STATUTE
 AS BEING "ENGAGED IN . .  . SECURITY WORK WHICH DIRECTLY AFFECTS
 NATIONAL SECURITY."
 
    SECTION 7103(B)(1) OF THE STATUTE PERMITS THE PRESIDENT TO EXCLUDE
 ANY AGENCY OR SUBDIVISION FROM COVERAGE OF THE STATUTE IF HE DETERMINES
 THAT THE ORGANIZATION'S PRIMARY FUNCTION IS INTELLIGENCE, )
 COUNTERINTELLIGENCE, INVESTIGATIVE, OR NATIONAL SECURITY WORK, AND THAT
 THE PROVISIONS OF THE STATUTE CANNOT BE APPLIED TO THAT AGENCY OR
 SUBDIVISION IN A MANNER CONSISTENT WITH NATIONAL SECURITY REQUIREMENTS
 AND CONSIDERATIONS.  NEITHER OF THESE CONDITIONS IS PRESENT IN SECTION
 7112(B)(6) WHICH CONSIDERS NOT THE WORK OF AN AGENCY OR SUBDIVISION AS A
 WHOLE, BUT THE WORK OF INDIVIDUAL CATEGORIES OF EMPLOYEES.  MOREOVER,
 SECTION 7112(B)(6) IS NOT LIMITED, AS IS SECTION 7112(B)(7), TO
 INDIVIDUALS PRIMARILY ENGAGED IN THE EXCLUDED FUNCTIONS;  NOR IS IT
 LIMITED, AS IS SECTION 7112(B)(3), TO EMPLOYEES ENGAGED IN THESE
 EXCLUDED FUNCTIONS IN OTHER THAN A PURELY CLERICAL CAPACITY.
 
    UNDER SECTION 7112(B)(6) THE ACTIVITY MUST SHOW (1) THAT THE
 INDIVIDUAL EMPLOYEE IS ENGAGED IN THE DESIGNATED WORK, AND (2) THAT THE
 WORK DIRECTLY AFFECTS NATIONAL SECURITY.  IN THIS CASE, THE ACTIVITY
 CONTENDS THAT THE 16 EMPLOYEES ARE "ENGAGED IN . . . SECURITY WORK WHICH
 DIRECTLY AFFECTS NATIONAL SECURITY."
 
    NEITHER "SECURITY WORK," "DIRECTLY AFFECTS," NOR "NATIONAL SECURITY"
 IS DEFINED IN THE STATUTE.  ONE ORDINARY DEFINITION OF "SECURITY WORK"
 WOULD BE A TASK, DUTY, FUNCTION, OR ACTIVITY RELATED TO SECURING,
 GUARDING, SHIELDING, PROTECTING, OR PRESERVING, SOMETHING.  AS USED IN
 CONTEXT, "SECURITY WORK" WOULD INCLUDE THE DESIGN, ANALYSIS, OR
 MONITORING OF SECURITY SYSTEMS AND PROCEDURES.  IT WOULD NOT INCLUDE
 WORK INVOLVING MERE ACCESS TO AND USE OF SENSITIVE INFORMATION AND
 MATERIAL.  AN ORDINARY MEANING OF "DIRECTLY AFFECTS" WOULD BE A STRAIGHT
 BEARING OR UNBROKEN CONNECTION THAT PRODUCES A MATERIAL INFLUENCE OR
 ALTERNATION.  SEE WEBSTER'S SEVENTH NEW COLLEGIATE DICTIONARY.
 
    A COMPLEX LEGAL FRAMEWORK SURROUNDS "NATIONAL SECURITY" IN THE
 CONTEXT OF GOVERNMENT EMPLOYMENT.  SEE, E.G., 5 U.S.C. 7532;  EXECUTIVE
 ORDER 10450;  FPM CHAPTER 732-3, SUBCHAPTER 1.  EXCLUSION FROM AN
 APPROPRIATE UNIT DEPRIVES EMPLOYEES OF THE OPPORTUNITY UNDER THE STATUTE
 TO DETERMINE WHETHER OR NOT THEY WISH TO BE REPRESENTED BY A LABOR
 ORGANIZATION AND OF THE OPPORTUNITY TO ENGAGE IN COLLECTIVE BARGAINING
 WITH RESPECT TO CONDITIONS OF EMPLOYMENT THROUGH LABOR ORGANIZATIONS.
 LABOR ORGANIZATIONS AND COLLECTIVE BARGAINING IN THE CIVIL SERVICE HAVE
 BEEN DETERMINED BY THE CONGRESS TO BE "IN THE PUBLIC INTEREST." 5 U.S.C.
  7101(A).  THEREFORE, THE TERM "NATIONAL SECURITY" MUST BE INTERPRETED
 TO INCLUDE ONLY THOSE SENSITIVE ACTIVITIES OF THE GOVERNMENT THAT ARE
 DIRECTLY RELATED TO THE PROTECTION AND PRESERVATION OF THE MILITARY,
 ECONOMIC, AND PRODUCTIVE STRENGTH OF THE UNITED STATES, INCLUDING THE
 SECURITY OF THE GOVERNMENT IN DOMESTIC AND FOREIGN AFFAIRS, AGAINST OR
 FROM ESPIONAGE, SABOTAGE, SUBVERSION, FOREIGN AGGRESSION, AND ANY OTHER
 ILLEGAL ACTS WHICH ADVERSELY AFFECT THE NATIONAL DEFENSE.  SEE COLE V.
 YOUNG, 76 S. CT. 861, 351 U.S. 536 (1956);  FPM CHAPTER 732-3,
 SUBCHAPTER 1, PARAGRAPH 1.1;  32 C.F.R. 156.5.
 
    IT IS NOTED THAT UNDER EXECUTIVE ORDER 10450 AND FPM CHAPTER 732-3,
 SUBCHAPTER 1, PARAGRAPH 1.3A, THE HEADS OF AGENCIES ARE DIRECTED TO
 DESIGNATE AS SENSITIVE THOSE POSITIONS THE OCCUPANTS OF WHICH COULD
 BRING ABOUT, BY VIRTUE OF THEIR POSITIONS, A MATERIAL ADVERSE EFFECT ON
 THE NATIONAL SECURITY.  AT A MINIMUM, AGENCY HEADS ARE TO CLASSIFY AS
 SENSITIVE THOSE POSITIONS REQUIRING ACCESS TO TOP SECRET, SECRET, AND
 CONFIDENTIAL MATERIAL.  THEREFORE, IT IS EXPECTED THAT, AS REFLECTED BY
 THE JOB DESCRIPTIONS IN THE INSTANT CASE, ALL POSITIONS SOUGHT TO BE
 EXCLUDED UNDER SECTION 7112(B)(6) WILL, AT A MINIMUM, HAVE BEEN
 DESIGNATED AS SENSITIVE PURSUANT TO THIS AUTHORITY.
 
    ALL OF THE EMPLOYEES SOUGHT TO BE EXCLUDED BY THE ACTIVITY WORK IN
 THE SAFEGUARDS AND SECURITY DIVISION.  THE OAK RIDGE OPERATIONS OFFICE
 (ORO) IS RESPONSIBLE FOR A SIGNIFICANT AMOUNT OF WORK PERTAINING TO
 DEFENSE PROGRAMS AND IT IS RESPONSIBLE FOR ALL OF THE THE DEPARTMENT OF
 ENERGY'S (DOE) URANIUM ENRICHMENT EFFORTS.  SIXTY SEVEN PER CENT OF THE
 TOTAL ORO BUDGET FOR FY-80 IS BUDGETED FOR THESE PROGRAMS.  THE
 SAFEGUARDS AND SECURITY DIVISION IS RESPONSIBLE FOR ASSURING THE
 PROTECTION OF ALL CLASSIFIED MATERIAL AND INFORMATION AND SPECIAL
 NUCLEAR MATERIAL USED IN OR PRODUCED FROM THE ORO PROGRAMS.  THIS
 INCLUDES DEVELOPING PROCEDURES, ESTABLISHING STANDARDS, AND MONITORING
 THEIR IMPLEMENTATION IN FIVE BROAD AREAS:
 
    1.  THE PROTECTION OF SPECIAL NUCLEAR MATERIALS AND OTHER EQUIPMENT
 AND PROPERTY OF
 
    NATIONAL SECURITY SIGNIFICANCE FROM THEFT, DIVERSION, OR SABOTAGE.
 THESE MATERIALS ARE USED
 
    IN WEAPONS PRODUCTION INCLUDING NUCLEAR WARHEADS, WEAPONS RESEARCH,
 AND AS FUEL FOR THE NAVY'S
 
    NUCLEAR SUBMARINE FLEET.
 
    2.  THE PROTECTION OF NATIONAL DEFENSE INFORMATION FROM DIVERSION OR
 UNAUTHORIZED
 
    ACCESS.  THIS INFORMATION INCLUDES HIGHLY SENSITIVE RESTRICTED DATA
 AND NATIONAL SECURITY
 
    INFORMATION SUCH AS FOREIGN INTELLIGENCE DATA, DEFENSE PRODUCTION
 CAPABILITIES, AND THE LIKE.
 
    3.  THE PROTECTION OF CLASSIFIED INFORMATION ON URANIUM ENRICHMENT
 PRODUCTION
 
    TECHNOLOGY.  RELEASE OF THIS INFORMATION WOULD PERMIT NUCLEAR
 PROLIFERATION.
 
    4.  THE DETERMINATION OF ELIGIBILITY OF PERSONNEL FOR ACCESS TO
 NATIONAL DEFENSE
 
    INFORMATION AND GRANTING CLEARANCES TO ALLOW SUCH ACCESS.
 
    5.  THE EVALUATION OF CONTINUED EFFECTIVENESS OF THE SAFEGUARDS AND
 SECURITY PROGRAMS AT
 
    ALL FACILITIES.
 
    THE DIVISION IS FURTHER DIVIDED INTO THREE BRANCHES:  THE PERSONNEL
 SECURITY BRANCH, THE PHYSICAL SAFEGUARDS BRANCH, AND THE PROTECTIVE
 SECURITY BRANCH.  EMPLOYEES WHOSE BALLOTS WERE CHALLENGED ARE DISCUSSED
 BELOW BY BRANCH, WHERE POSSIBLE, SINCE THE DUTIES OF THE EMPLOYEES IN
 EACH BRANCH ARE CLOSELY RELATED.
 
    CHARLES W. GROOVER, PERSONNEL SECURITY SPECIALIST, GS-080-12 LOUIS M.
 MCNEALY, PERSONNEL SECURITY SPECIALIST, GS-080-11 PATRICIA H. SMITH,
 PERSONNEL SECURITY SPECIALIST, GS-080-11
 
    THESE EMPLOYEES WORK AS PERSONNEL SECURITY SPECIALISTS WITHIN THE
 PERSONNEL SECURITY BRANCH.  THE PRIMARY FUNCTION OF THIS BRANCH IS TO
 GRANT ACCESS AUTHORIZATIONS OR CLEARANCES.  THIS INCLUDES THE
 RESPONSIBILITY OF MAINTAINING CLEARANCE RECORDS ON INDIVIDUALS WHO ARE
 APPLICANTS FOR OR HOLDERS OF CLEARANCES AND DECIDING WHETHER OR NOT TO
 GRANT CLEARANCES.  THE BRANCH ALSO APPROVES THE PARTICIPATION BY FOREIGN
 NATIONALS IN DOE PROGRAMS AS WELL AS CLASSIFIED AND UNCLASSIFIED VISITS
 BY FOREIGN REPRESENTATIVES AND U.S. CITIZENS.  THE EMPLOYEES PERFORM THE
 FOLLOWING DUTIES:
 
    1.  EXAMINING AND EVALUATING BACKGROUND INFORMATION DEVELOPED BY THE
 FBI OR INVESTIGATORS
 
    OF THE OFFICE OF PERSONNEL MANAGEMENT ON ALL PERSONS PROPOSED FOR
 CLEARANCE.  THE FBI AND OPM
 
    REPORT FACTUAL DATA ONLY AND MAKE NO RECOMMENDATIONS OR
 INTERPRETATIONS.
 
    2.  RESOLVING AREAS OF QUESTIONABLE FACT THROUGH INTERVIEWS WITH THE
 INDIVIDUAL, MAKING
 
    CREDIBILITY DETERMINATION, AND REQUESTING SUPPLEMENTAL INFORMATION.
 
    3.  DETERMINING WHETHER THE INDIVIDUAL SHOULD BE PERMITTED ACCESS TO
 RESTRICTED DATA AND
 
    MATERIALS AND GRANTING CLEARANCES BOTH IN CASES WITH DEROGATORY
 INFORMATION AND IN CASES WHICH
 
    CONTAIN NO DEROGATORY INFORMATION ON THE INDIVIDUAL.
 
    4.  CONDUCTING SPECIAL SECURITY LECTURES FOR INDIVIDUALS WHO MAY HAVE
 COMMITTED SECURITY
 
    INFRACTIONS, OR WHO MAY BE DEVELOPING PROBLEMS WHICH COULD LEAD TO A
 REMOVAL OF ACCESS
 
    AUTHORIZATION.
 
    THE WORK OF THE EMPLOYEES INVOLVES ANALYZING INVESTIGATIVE REPORTS
 AND PERSONNEL SECURITY PROCEDURES TO REACH CLEARANCE DETERMINATIONS.
 THESE DUTIES CLEARLY CONSTITUTE SECURITY WORK.  INDIVIDUALS WHO RECEIVE
 A CLEARANCE HAVE ACCESS TO NUCLEAR WEAPON REPORTS, WEAPON COMPONENTS,
 WARHEAD MATERIAL, AND WEAPONS TECHNOLOGY WHICH IS VITAL TO THE NATIONAL
 SECURITY.  THUS, THE PERSONNEL SECURITY SPECIALISTS ACT AS THE
 GATEKEEPERS GUARDING SECURITY DATA AND MATERIAL, AND THE CLEARANCE IS
 THE KEY WHICH OPENS UP THE GATE AND ALLOWS ACCESS TO SOME OF THIS
 NATION'S VITAL MILITARY SECRETS.  THE SPECIALISTS MAKE JUDGMENTS
 CONCERNING THE SERIOUSNESS OF DEROGATORY INFORMATION PURSUANT TO DOE
 REGULATIONS PUBLISHED AT 10 CFR PART 710.  THE REGULATIONS RECOGNIZE THE
 IMPORTANCE OF THIS JUDGMENT:
 
    "THE DECISION AS TO ACCESS AUTHORIZATION (CLEARANCE) IS A
 COMPREHENSIVE COMMONSENSE
 
    JUDGMENT, MADE AFTER CONSIDERATION OF ALL RELEVANT INFORMATION,
 FAVORABLE OR UNFAVORABLE, AS
 
    TO WHETHER THE GRANTING OF ACCESS AUTHORIZATION WOULD ENDANGER THE
 COMMON DEFENSE AND SECURITY
 
    AND WOULD BE CLEARLY CONSISTENT WITH THE NATION INTEREST." 10 CFR
 710.10(A).
 
    I FIND THAT THESE EMPLOYEES ARE ENGAGED IN SECURITY WORK WHICH
 DIRECTLY AFFECTS THE NATIONAL SECURITY.
 
    BETTY N. STAIR, CLERK-TYPIST, GS-322-4
 
    MS. STAIR IS EMPLOYED AS A CLERK-TYPIST IN THE PERSONNEL SECURITY
 BRANCH.  SHE TRANSCRIBES AND PREPARES VERBATIM TRANSCRIPTS OF RECORDED
 INTERVIEWS HELD IN THE RESOLUTION OF PERSONNEL SECURITY CASES, TYPES
 CORRESPONDENCE, PREPARES CASE FILES AND CASE CONTROL CARDS, AND PROVIDES
 OTHER TYPING AND CLERICAL SUPPORT FOR THE BRANCH.  HER RESPONSIBILITIES
 DO NOT EXTEND TO ACTUALLY GRANTING SECURITY CLEARANCES, BUT SHE DOES
 HAVE THE RESPONSIBILITY FOR CHECKING FILES AND RESPONDING TO QUESTIONS
 OF WHETHER A CERTAIN INDIVIDUAL HAS RECEIVED A CLEARANCE FOR ACCESS TO A
 PARTICULAR CLASS OF INFORMATION.  THIS FUNCTION WAS CALLED
 "VERIFICATION." MS. STAIR IS AUTHORIZED TO AND DOES ROUTINELY RESPOND TO
 TELEPHONE CALLS REQUESTING A CLEARANCE VERIFICATION.  SHE COMMUNICATES
 THE INFORMATION DIRECTLY TO THE REQUESTOR.  THE REQUESTING PARTY IS
 RESPONSIBLE FOR INSURING THAT THE IDENTITY OF THE INDIVIDUAL IS THE SAME
 AS THAT VERIFIED BY MS. STAIR AS BEING LISTED IN THE CLEARANCE FILES.
 
    MS. STAIR HAS ACCESS TO HIGHLY CLASSIFIED MATERIAL AND, THUS, IN
 COMMON WITH ALL HOLDERS OF SUCH CLEARANCES, IS IN A POSITION TO MAKE A
 MISTAKE OR MISHANDLE SUCH INFORMATION, THUS COMPROMISING SENSITIVE
 INFORMATION.  HOWEVER, I CONCLUDE THAT SHE IS NOT "ENGAGED IN . . .
 SECURITY WORK . . ." HE WORK DOES NOT INVOLVE EITHER THE DESIGN,
 ANALYSIS, OR MONITORING OF SECURITY SYSTEMS AND PROCEDURES DESIGNED TO
 PROTECT SENSITIVE INFORMATION AND MATERIAL.  HER "VERIFICATION
 FUNCTION," MERELY INVOLVES CHECKING FILES FOR INFORMATION IN ORDER TO
 RESPOND TO TELEPHONE REQUESTS FOR CLEARANCE VERIFICATION.  I CONCLUDE
 THAT SHE CANNOT BE DEEMED TO BE "ENGAGED IN SECURITY WORK WHICH DIRECTLY
 AFFECTS THE NATIONAL SECURITY" MERELY BECAUSE SHE HAS ACCESS TO
 SENSITIVE INFORMATION AND PERFORMS ROUTINE CLERICAL DUTIES IN A SECURITY
 OFFICE.  IF THE PROVISIONS OF THE STATUTE CANNOT BE APPLIED TO THAT
 OFFICE IN A MANNER CONSISTENT WITH NATIONAL SECURITY, THE AGENCY CAN, OF
 COURSE, SEEK THE BLANKET EXCLUSION UNDER SECTION 7103(B)(1).
 
    CHARLES R. ISABELL, INDUSTRIAL SECURITY SPECIALIST, GS-080-12 JAMES
 H. WARE, PHYSICAL SECURITY SPECIALIST, GS-080-11 HENRY J. WUNSCHEL,
 INDUSTRIAL SECURITY SPECIALIST, GS-080-12 WAYNE W. YODER, INDUSTRIAL
 SECURITY SPECIALIST, GS-080-12
 
    THESE EMPLOYEES WORK IN THE PHYSICAL SAFEGUARDS BRANCH.  THE PRIMARY
 FUNCTIONS OF THE BRANCH ARE THE DESIGN AND AUDIT OF SECURITY SYSTEMS TO
 PHYSICALLY PROTECT CLASSIFIED INFORMATION AND MATERIAL AND SPECIAL
 NUCLEAR MATERIAL.  ALL ARE INVOLVED IN ESSENTIALLY THE SAME DUTIES, AS
 FOLLOWS:
 
    1.  DESIGNING SYSTEMS TO COVERTLY OBTAIN EQUIPMENT AND MATERIALS FOR
 CLASSIFIED PROGRAMS
 
    WHERE THE INFORMATION THAT SUCH EQUIPMENT AND MATERIAL IS USED IN
 SUCH PROGRAMS IS IN ITSELF
 
    CLASSIFIED.
 
    2.  APPROVING ARRANGEMENTS FOR THE SHIPMENT AND USE OF CLASSIFIED
 INFORMATION AND MATERIAL
 
    AND SPECIAL NUCLEAR MATERIAL BY LABORATORIES, UNIVERSITIES,
 INDUSTRIAL PLANTS, ARCHITECT
 
    ENGINEER FIRMS, ETC.
 
    3.  APPROVING PROCEDURES AND EXCEPTIONS TO PROCEDURES FOR CONTROLLING
 ENTRANCE TO SECURITY
 
    AREAS, BOTH AT DOE OFFICES AND AT CONTRACTOR LOCATIONS.
 
    4.  ASSESSING THE EFFECTIVENESS OF PHYSICAL SAFEGUARDS AND OTHER
 SECURITY MEASURES IN
 
    PREVENTING THEFT OR UNAUTHORIZED DISCLOSURE OF POSSESSION OF
 CLASSIFIED MATERIAL, SPECIAL
 
    NUCLEAR MATERIAL, AND CLASSIFIED INFORMATION AT ALL LOCATIONS AND
 DURING TRANSIT FROM ONE
 
    LOCATION TO ANOTHER.
 
    5.  CONDUCTING SABOTAGE VULNERABILITY STUDIES AT MAJOR DOE FACILITIES
 TO ASSESS
 
    VULNERABILITY AND ESTABLISH EFFECTIVE COUNTERMEASURES.
 
    6.  DETERMINING WHAT INFORMATION ON SAFEGUARDS AND SECURITY SYSTEMS
 IS CLASSIFIED
 
    INFORMATION IN ITSELF.
 
    7.  REVIEWING AND APPROVING ENGINEERING PROPOSALS AND CONCEPTUAL
 DESIGNS FOR SAFEGUARDS AND
 
    SECURITY ASPECTS PRIOR TO CONSTRUCTION.
 
    8.  INVESTIGATING INCIDENTS OF SECURITY INFRACTIONS TO ASSESS DAMAGE
 AND ESTABLISH
 
    CORRECTIVE ACTIONS OR DETERMINE THE NEED FOR REFERRAL TO THE FBI.
 THE INFORMATION AND MATERIAL TO BE PROTECTED BY THE PROCEDURES AND
 SYSTEMS DESIGNED BY THESE INDIVIDUALS INCLUDES SPECIAL NUCLEAR MATERIALS
 USED IN RESEARCH AND WEAPONS PRODUCTION AND FOR USE IN FUELING NUCLEAR
 SUBMARINES, AND NATIONAL DEFENSE INFORMATION RELATED TO THE NUCLEAR
 WEAPONS PROGRAM.  THIS INFORMATION INCLUDES HIGHLY SENSITIVE RESTRICTED
 DATA, NATIONAL SECURITY INFORMATION, AND FOREIGN INTELLIGENCE DATA.
 
    THE WORK OF THESE EMPLOYEES IN DESIGNING AND AUDITING SECURITY
 SYSTEMS AND PROCEDURES AND THE TYPE OF INFORMATION TO BE SAFEGUARDED BY
 THEIR WORK CLEARLY DEMONSTRATES THAT THEY ARE ENGAGED IN SECURITY WORK
 WHICH DIRECTLY AFFECTS THE NATIONAL SECURITY.
 
    CONNIE S. BOWLIN, CLERK-STENOGRAPHER, GS-312-3 IVY GAIL YOUNG,
 CLERK-STENOGRAPHER, GS-312-4
 
    THESE TWO EMPLOYEES SERVE AS CLERK-STENOGRAPHERS IN THE PHYSICAL
 SAFEGUARDS BRANCH, DESCRIBED ABOVE.  THEIR DUTIES INCLUDE TAKING
 DICTATION, TYPING, FILING, AND HANDLING CORRESPONDENCE.  THEY ALSO
 ANSWER INQUIRIES FROM WITHIN AND OUTSIDE THE DOE ORGANIZATION ON WHAT
 FACILITIES AND INDIVIDUALS HAVE BEEN AUTHORIZED TO RECEIVE CERTAIN
 CATEGORIES OF CLASSIFIED INFORMATION OR MATERIALS.  THIS DUTY INVOLVES
 THE RECEIPT OF INQUIRIES AS TO WHETHER IDENTIFIED FACILITIES OR
 INDIVIDUALS HAVE BEEN APPROVED TO RECEIVE RESTRICTED DATE OR MATERIALS.
 MS. BOSLIN AND MS. YOUNG CONSULT THE FILES AND ADVISE THE REQUESTOR
 DIRECTLY WHETHER CLASSIFIED INFORMATION OR MATERIALS MAY OR MAY NOT BE
 SENT TO A PARTICULAR FACILITY.  THE EMPLOYEES CARRY OUT ROUTINE
 ASSIGNMENTS INDEPENDENTLY WITHOUT SPECIFIC INSTRUCTIONS.  WORK IS
 CARRIED OUT IN ACCORDANCE WITH ESTABLISHED PROCEDURES AND PROVIDES
 LITTLE OPPORTUNITY FOR MAKING CHOICES.
 
    FOR THE REASONS DISCUSSED WITH RESPECT TO BETTY N. STAIR, I CONCLUDE
 THAT THESE EMPLOYEES ARE NOT ENGAGED IN SECURITY WORK WHICH DIRECTLY
 AFFECTS THE NATIONAL SECURITY.
 
    KATHY D. POWELL, SECRETARY (STENOGRAPHY), GS-318-4
 
    MS. POWELL IS THE SECRETARY IN THE PHYSICAL SAFEGUARDS BRANCH.  SHE
 SERVES BOTH THE BRANCH CHIEF AND THE DEPUTY DIVISION DIRECTOR.  IN THIS
 POSITION, MS. POWELL IS RESPONSIBLE FOR A WIDE RANGE OF SECRETARIAL
 DUTIES, INCLUDING ANSWERING INQUIRIES FROM WITHIN OR OUTSIDE THE DOE
 ORGANIZATION WHICH RELATE TO THE APPROVAL OF PERSONS FOR ACCESS TO
 CLASSIFIED INFORMATION (SAME AS MS. BOWLIN AND MS. YOUNG).  SHE ALSO
 INDEPENDENTLY ESTABLISHES, ORGANIZES, AND MAINTAINS SEPARATE
 ACCOUNTABILITY SYSTEMS AND ACCESS LISTS FOR HIGHLY SENSITIVE PROJECTS
 INCLUDING FOREIGN INTELLIGENCE DATA REQUIRING VERY LIMITED ACCESS WITHIN
 THE DIVISION.
 
    MS. POWELL'S WORK OF ESTABLISHING AND ORGANIZING ACCOUNTABILITY
 SYSTEMS AND ACCESS LISTS FOR THE MATERIAL DESCRIBED IS CONCLUDED TO BE
 SECURITY WORK DIRECTLY AFFECTING THE NATIONAL SECURITY.
 
    ROBERT J. CALDWELL, ELECTRONICS ENGINEER, GS-855-12 MARJORIE A.
 PHILLIPS, INDUSTRIAL SECURITY SPECIALIST, GS-080-11
 
    THESE EMPLOYEES WORK IN THE PROTECTIVE SECURITY BRANCH.  THIS BRANCH
 IS RESPONSIBLE FOR PROVIDING TECHNICAL SUPPORT FOR SECURITY SYSTEMS, OF
 DOE AND CONTRACTORS, FOR ESTABLISHING CONTROL PROCEDURES FOR CLASSIFIED
 DOCUMENTS, FOR APPROVING COMPUTER AND COMMUNICATIONS SYSTEMS, FOR
 ELECTRONIC COUNTERMEASURES, AND FOR DIRECTION OF AN ARMED FORCE OF
 GUARDS AND COURIERS.
 
    MR. CALDWELL, AS, AN ELECTRONICS ENGINEER, IS RESPONSIBLE FOR THE
 FOLLOWING DUTIES:
 
    1.  EXAMINING AND APPROVING COMPUTER AND COMMUNICATIONS SECURITY
 SYSTEMS AND CONDUCTING
 
    INTEGRITY STUDIES TO ASSESS VULNERABILITY AND CORRECT DEFICIENCIES
 WHICH WOULD COMPROMISE
 
    CLASSIFIED INFORMATION.  THESE SYSTEMS INVOLVE REMOTE ENTRY COMPUTER
 TERMINALS USED TO PROCESS
 
    AND TRANSMIT COMPUTERIZED CLASSIFIED DATA, AND TELECOMMUNICATIONS
 NETWORKS DESIGNED TO
 
    TRANSMIT RESTRICTED DATA OVER DISTANCES.
 
    2.  SELECTING, INSTALLING, AND TESTING, OR APPROVING THE SELECTION
 AND INSTALLATION OF
 
    DETECTION SYSTEMS AND OTHER SECURITY HARDWARE, NEEDED TO PROTECT
 CLASSIFIED MATTER AND SPECIAL
 
    NUCLEAR MATERIAL.
 
    3.  EXAMINING AND ASSURING THAT CONFERENCE ROOMS AND OFFICES WITHIN
 SECURE AREAS ARE FREE
 
    FROM ELECTRONIC SURVEILLANCE.
 
    4.  EXAMINING AND TESTING SUSPICIOUS-LOOKING PACKAGES AND PARCELS FOR
 BOMBS, USING
 
    SOPHISTICATED ELECTRONICS DEVICES.  MR. CALDWELL'S FUNCTION IS TO
 DESIGN SYSTEMS TO SAFEGUARD THE TRANSMISSION OF RESTRICTED DATA EITHER
 FROM PERSON-TO-PERSON IN AN OFFICE, CONFERENCE ROOM, OR OVER THE
 TELEPHONE, OR FROM COMPUTER-TO-COMPUTER, AND TO ASSURE SELECTION, PROPER
 INSTALLATION, AND MAINTENANCE OF TECHNICAL SECURITY EQUIPMENT.
 
    MR. CALDWELL'S WORK IS CLEARLY SECURITY WORK SINCE THE DUTIES ARE
 DIRECTLY RELATED TO THE DESIGN AND ANALYSIS OF SYSTEMS TO PROTECT AND
 SAFEGUARD CLASSIFIED INFORMATION AND MATERIALS.  SUCH WORK DIRECTLY
 AFFECTS NATIONAL SECURITY SINCE IT PROTECTS SPECIAL NUCLEAR MATERIAL AND
 NATIONAL DEFENSE INFORMATION FROM UNAUTHORIZED ACCESS.  THEREFORE, IT IS
 CONCLUDED THAT MR. CALDWELL IS ENGAGED IN SECURITY WORK WHICH DIRECTLY
 AFFECTS NATIONAL SECURITY.
 
    MARJORIE A. PHILLIPS, AS AN INDUSTRIAL SECURITY SPECIALIST IN THE
 PROTECTIVE SECURITY BRANCH, IS RESPONSIBLE FOR DEVELOPING AND APPROVING
 SYSTEMS AND PROCEDURES FOR THE CONTROL OF CLASSIFIED DOCUMENTS.  SHE
 ALSO REVIEWS AND APPROVES PLANS AND SYSTEMS PROPOSED BY CONTRACTORS FOR
 CONTROLLING SUCH DOCUMENTS AND MAKES ON-SITE APPRAISALS OF THE
 EFFECTIVENESS OF THESE SYSTEMS AND PROCEDURES.  IN ADDITION, SHE
 RECOMMENDS APPROVALS FOR ACCESS TO CRYPTOGRAPHIC INFORMATION BY
 INDIVIDUALS.  THIS INFORMATION MAY ONLY BE REVEALED TO PEOPLE AFTER SHE
 HAS GRANTED THIS A ACCESS.  THE DOCUMENTS PROTECTED BY SUCH SYSTEMS,
 PROCEDURES, AND ACCESS AUTHORIZATION CONTAIN HIGHLY CLASSIFIED DATA
 RELATING TO WEAPONS DATA AND NATIONAL DEFENSE INFORMATION.  INADEQUATE
 CONTROL PROCEDURES OR INAPPROPRIATE ACCESS AUTHORIZATIONS COULD RESULT
 IN UNAUTHORIZED ACCESS OR COMPROMISE OF NATIONAL SECURITY INFORMATION.
 
    I CONCLUDE THAT MS. PHILLIPS IS ENGAGED IN SECURITY WORK WHICH
 DIRECTLY AFFECTS THE NATIONAL SECURITY.
 
    LINDA B. JENNINGS, SECRETARY (STENOGRAPHY), GS-318-5 BETTY J.
 LARSON, SECRETARY (STENOGRAPHY), GS-318-4
 
    THESE EMPLOYEES ARE SECRETARIES IN THE PROTECTIVE SECURITY BRANCH,
 DESCRIBED ABOVE.  THEY PERFORM THE FULL RANGE OF SECRETARIAL DUTIES.
 THEY ALSO DO THE FOLLOWING:
 
    1.  VERIFY APPROVALS FOR ACCESS TO FOREIGN INTELLIGENCE AND
 CRYPTOGRAPHIC INFORMATION.
 
    2.  MAINTAIN A CURRENT LIST OF COMPUTER SYSTEMS APPROVED TO PROCESS
 
    2.  MAINTAIN A CURRENT LIST OF COMPUTER SYSTEMS APPROVED TO PROCESS
 CLASSIFIED INFORMATION
 
    AND ANSWERING INQUIRIES ON APPROVED SYSTEMS OR STATUS OF THE APPROVAL
 PROCESS.  AS DISCUSSED ABOVE, THE PROCESS OF VERIFICATION INCLUDES
 RECEIVING TELEPHONE, WRITTEN, OR IN-PERSON REQUESTS AS TO WHETHER A
 PARTICULAR PERSON, FACILITY, OR COMPUTER SYSTEM HAS BEEN GRANTED
 APPROVAL FOR ACCESS TO CERTAIN TYPES OF INFORMATION.  THEIR RESPONSE,
 BASED ON A CHECK OF FILES, IS THE BASIS FOR INFORMATION.  THEIR
 RESPONSE, BASED ON A CHECK OF FILES, IS THE BASIS FOR ALLOWING
 INDIVIDUALS TO SEE CERTAIN SPECIAL KINDS OF HIGHLY SENSITIVE
 INFORMATION, PROVIDED THE REQUESTING PARTY IS SATISFIED AS TO THE
 IDENTITY OF THE CLEARED INDIVIDUAL NAMED IN THE RECORDS.
 
    FOR THE REASONS DISCUSSED WITH RESPECT TO BETTY N. STAIR, I CONCLUDE
 THAT THESE EMPLOYEES ARE NOT ENGAGED IN SECURITY WORK WHICH DIRECTLY
 AFFECTS THE NATIONAL SECURITY.
 
    SHIRLEY H. HENSON, MAIL AND FILE CLERK (TYPING), GS-305-03
 
    THIS EMPLOYEE OPERATES A CENTRALIZED MAIL FUNCTION IN THE SAFEGUARDS
 AND SECURITY DIVISION.  SHE RECEIVES AND DISTRIBUTES INCOMING
 CLASSIFIED, UNCLASSIFIED, AND HIGHLY SENSITIVE MAIL;  SIGNS AND RETAINS
 RECEIPTS FOR CLASSIFIED MAIL;  PROCESSES OUTGOING MAIL;  LOGS AND
 ASSIGNS NUMBERS TO OUTGOING CLASSIFIED CORRESPONDENCE;  TYPES
 CORRESPONDENCE;  ASSISTS STAFF MEMBERS IN LOCATING AND OBTAINING FILES;
 RECORDS MAIL REMOVED FROM THE FILE ROOM;  PARTICIPATES IN RECORDS
 INVENTORIES;  AND DESTROYS AND RETIRES RECORDS IN ACCORDANCE WITH RECORD
 DISPOSITION SCHEDULES.  (ACTIVITY EX. 20 D).
 
    THIS EMPLOYEE OCCUPIES A SENSITIVE POSITION AND APPEARS TO HAVE
 ACCESS TO HIGHLY CLASSIFIED MATERIAL.  SHE MUST FOLLOW SECURITY
 PROCEDURES AND PRACTICES IN PERFORMING HER DUTIES AS A MAIL AND FILE
 CLERK.  HOWEVER, I CONCLUDE THAT SHE IS NOT "ENGAGED IN SECURITY WORK
 WHICH DIRECTLY AFFECTS THE NATIONAL SECURITY." OTHER THAN BEING REQUIRED
 TO FOLLOW SECURITY PROCEDURES FOR HANDLING CLASSIFIED MATERIAL, AS IS
 THE CASE WITH EVERY EMPLOYEE POSSESSING A SECURITY CLEARANCE, HER WORK
 DOES NOT INVOLVE THE ACTUAL DESIGN, ANALYSIS, OR MONITORING OF SECURITY
 SYSTEMS AND PROCEDURES DIRECTLY AFFECTING NATIONAL SECURITY.
 
                           IV.  RECOMMENDATIONS
 
    ON THE BASIS OF THE FOREGOING FINDINGS OF FACT AND CONCLUSIONS, IT IS
 RECOMMENDED THAT THE AUTHORITY ISSUE THE FOLLOWING ORDER PURSUANT TO 5
 U.S.C. 7111(D) AND 5 C.F.R. 2422.20(I):
 
                                   ORDER
 
    PURSUANT TO SECTION 2422.20(I) OF THE RULES AND REGULATIONS OF THE
 FEDERAL LABOR RELATIONS AUTHORITY AND SECTION 7111(D) OF THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, IT IS HEREBY ORDERED:
 
    1.  IN ACCORDANCE WITH THE STIPULATION OF THE PARTIES THE CHALLENGES
 TO THE BALLOTS OF KATHY L. DARNELL AND MARJORIE M. WHALEY ARE HEREBY
 SUSTAINED AND THEIR BALLOTS SHALL NOT BE OPENED AND COUNTED.
 
    2.  IN ACCORDANCE WITH THE STIPULATION OF THE PARTIES THE CHALLENGES
 TO THE BALLOTS OF CHARLOTTE HAMBY AND LILA FAY GREENE ARE HEREBY
 OVERRULED AND THEIR BALLOTS SHALL BE OPENED AND COUNTED.
 
    3.  THE CHALLENGES TO THE BALLOTS OF
 
    MARY S. BAGWELL
 
    SHERRIA T. BROWN
 
    ARLENE M. CORONA
 
    CHARLES W. GROOVER
 
    CHARLES R. ISABELL
 
    JOANN LEACH
 
    LOUIS M. MCNEALY
 
    SUSAN G. OXENDINE
 
    MELDA J. RAFFERTY
 
    ROBIN Q. SPRADLEN
 
    KATHRYN A. WALTER
 
    REBA M. WILKEY
 
    WAYNE W. YODER
 
                              JOYCE J. BAKER
 
                            ROBERT J. CALDWELL
 
                            MARY ELAINE DUNCAN
 
                              JANE M. HARMAN
 
                                VIOLET ISON
 
                              MARTHA A. LYLE
 
                            JEANETTE S. MILLER
 
                           MARJORIE A. PHILLIPS
 
                               MARY C. RABY
 
                              MARY C. STEWART
 
                               JAMES H. WARE
 
                              OPAL F. WILSON
 
                              FONDA B. BARNES
 
                             TRILLA F. COOPER
 
                           LENORA H. FLEISCHMAN
 
                             PAULINE M. HORNE
 
                              BOB G. JOHNSON
 
                            PEGGY W. MCCONNELL
 
                             JUDITH H. OSBORNE
 
                              KATHY D. POWELL
 
                             PATRICIA H. SMITH
 
                              NAOMI D. WAGNER
 
                                VERA WARREN
 
                             HENRY J. WUNSCHEL
 
 COUNTED.
 
    4.  THE CHALLENGES TO THE BALLOTS OF
 
    CONNIE S. BOWLIN
 
    BETTY J. LARSON
 
    BETTY N. STAIR
 
                             SHIRLEY H. HENSON
 
                              IVY GAIL YOUNG
 
                             LINDA B. JENNINGS
 
                              MICKEY M. MOORE
 
 ARE HEREBY OVERRULED AND THEIR BALLOTS SHALL BE OPENED AND COUNTED.
 
    5.  THE REGIONAL DIRECTOR SHALL TAKE APPROPRIATE ACTION IN ACCORDANCE
 WITH THE FOREGOING AND SUCH ADDITIONAL ACTION AS REQUIRED BY THE RULES
 AND REGULATIONS.
 
                             GARVIN LEE OLIVER
 
                         ADMINISTRATIVE LAW JUDGE
 
    JULY 31, 1980
 
    WASHINGTON, D.C.
 
    I HEREBY CERTIFY THAT A COPY OF THE DECISION ISSUED BY ADMINISTRATIVE
 LAW JUDGE GARVIN LEE OLIVER WAS SENT TO THE FOLLOWING PERSONS BY
 CERTIFIED MAIL:
 
                              /S/NANCY MCCOY