Office of Personnel Management (Agency/Petitioner) and American Federation of Government Employees, AFL-CIO (Labor Organization) 

 



[ v05 p238 ]
05:0238(30)CU
The decision of the Authority follows:


 5 FLRA No. 30
 
 OFFICE OF PERSONNEL MANAGEMENT
 Agency/Petitioner
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 Labor Organization
 
                                            Case Nos. 1-CU-9     2-CU-3
                                                      3-AC-5     3-AC-6
                                                      3-CU-10    3-CU-11
                                                      3-CU-13    7-CU-6
                                                      9-CU-5 and 9-AC-2
 
                            DECISION AND ORDER
 
    UPON PETITIONS DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
 UNDER SEC. 7111(B)(2) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 STATUTE, 5 U.S.C.  7101-7135, A HEARING ON THESE CONSOLIDATED CASES WERE
 HELD BEFORE A HEARING OFFICER OF THE AUTHORITY.  THE AUTHORITY HAS
 REVIEWED THE HEARING OFFICER'S RULINGS MADE AT THE HEARING AND FINDS
 THEY ARE FREE FROM PREJUDICIAL ERROR.  THE RULINGS ARE HEREBY AFFIRMED.
 
    UPON THE ENTIRE RECORD IN THESE CASES, INCLUDING BRIEFS FILED BY BOTH
 PARTIES, THE AUTHORITY FINDS:
 
    THE PETITIONER, THE OFFICE OF PERSONNEL MANAGEMENT (OPM), FILED TEN
 PETITIONS, CONSOLIDATED HERE.  SEVEN OF THE PETITIONS SEEK TO CLARIFY
 EXISTING BARGAINING UNITS OF NATIONAL OFFICE AND REGIONAL OFFICE
 EMPLOYEES, REPRESENTED BY THE AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES (AFGE) BY EXCLUDING TWO CATEGORIES OF EMPLOYEES UNDER SEC.
 7112(B)(3) AND (6) /1/ OF THE STATUTE.  SIX OF THESE PLUS THREE OTHER
 PETITIONS SEEK TO AMEND EACH OF THE BARGAINING UNITS TO SHOW THE CHANGE
 OF NAME FROM THE U.S. CIVIL SERVICE COMMISSION TO THE U.S. OFFICE OF
 PERSONNEL MANAGEMENT AND TO REFLECT THE APPROPRIATE DESIGNATION OF EACH
 OF THE REGIONAL OFFICES, I.E., NEW ENGLAND (FORMERLY BOSTON), EASTERN
 (FORMERLY NEW YORK), MID-ATLANTIC (FORMERLY PHILADELPHIA), MID-CONTINENT
 (FORMERLY ST. LOUIS), NORTHWESTERN (FORMERLY SEATTLE), THE NATIONAL
 OFFICE, THE NATIONAL CHECK AND INQUIRY CENTER, AND THE EMPLOYEE SERVICE
 AND RECORDS CENTER.  /2/
 
    CLARIFICATION OF UNITS
 
    THE CIVIL SERVICE REFORM ACT AND REORGANIZATION PLAN NO. 2 OF 1978
 CREATED THE OFFICE OF PERSONNEL MANAGEMENT TO AID AND ADVISE THE
 PRESIDENT "ON ACTIONS TAKEN TO PROMOTE AN EFFICIENT CIVIL SERVICE AND A
 SYSTEMATIC APPLICATION OF THE MERIT SYSTEM PRINCIPLES." /3/ THE
 PERSONNEL MANAGEMENT FUNCTIONS OF THE FORMER CIVIL SERVICE COMMISSION
 WERE TRANSFERRED TO THE OFFICE OF PERSONNEL MANAGEMENT.  AT THE TIME THE
 ACT TOOK EFFECT, AFGE WAS RECOGNIZED AS THE EXCLUSIVE REPRESENTATIVE OF
 THE BARGAINING UNITS IN THE NATIONAL AND REGIONAL OFFICES.  WHEN THESE
 PETITIONS WERE FILED, THE AFFECTED UNITS INCLUDED APPROXIMATELY 5,000
 PEOPLE, 1,600 OF WHOM ARE SOUGHT TO BE EXCLUDED FROM THE UNITS.
 
    THE BARGAINING UNITS SOUGHT TO BE CLARIFIED ARE AS FOLLOWS:
 
    THE BARGAINING UNIT IN THE BOSTON REGION (1-CU-9) CONTAINS
 NON-SUPERVISORY EMPLOYEES, AMONG THEM PERSONNEL MANAGEMENT SPECIALISTS,
 PERSONNEL ASSISTANTS, PERSONNEL STAFFING SPECIALISTS, POSITION
 CLASSIFICATION SPECIALISTS AND EMPLOYEE DEVELOPMENT SPECIALISTS,
 ASSIGNED TO THE REGIONAL OFFICE AND OTHER DUTY STATIONS.  THE NEW YORK
 REGIONAL OFFICE (2-CU-3) BARGAINING UNIT INCLUDES ALL NON-SUPERVISORY
 AND NON-MANAGERIAL EMPLOYEES INCLUDING INVESTIGATIONS DIVISION PERSONNEL
 STATIONED WITHIN THE BOSTON REGION.  ALSO INCLUDED IN THE UNIT ARE
 PERSONNEL MANAGEMENT SPECIALISTS, PERSONNEL STAFFING SPECIALISTS AND
 EMPLOYEE DEVELOPMENT SPECIALISTS.
 
    THE BARGAINING UNIT IN THE PHILADELPHIA REGIONAL OFFICE (3-CU-10)
 INCLUDES ALL NON-SUPERVISORY GENERAL SCHEDULE AND WAGE GRADE EMPLOYEES,
 INCLUDING PERSONNEL MANAGEMENT SPECIALISTS, PERSONNEL STAFFING
 SPECIALISTS, EMPLOYEE DEVELOPMENT SPECIALISTS AND INVESTIGATORS.  THE
 ST. LOUIS REGIONAL OFFICE BARGAINING UNIT (7-CU-6) CONTAINS ALL
 EMPLOYEES STATIONED WITH THE REGION, INCLUDING PERSONNEL CLERKS AND
 ASSISTANTS, PERSONNEL MANAGEMENT SPECIALISTS, PERSONNEL STAFFING
 SPECIALISTS, EMPLOYEE DEVELOPMENT SPECIALISTS AND INVESTIGATORS.
 
    THE BARGAINING UNIT IN THE SEATTLE REGIONAL OFFICE (9-CU-5) INCLUDES
 ALL WORK FORCE EMPLOYEES IN THE REGION, INCLUDING PERSONNEL MANAGEMENT
 SPECIALISTS, PERSONNEL STAFFING SPECIALISTS, POSITION CLASSIFICATION
 SPECIALISTS, EMPLOYEE DEVELOPMENT SPECIALISTS AND INVESTIGATORS.
 
    THERE ARE TWO NATIONAL OFFICE BARGAINING UNITS, ONE COMPRISED OF
 PROFESSIONAL EMPLOYEES (3-CU-13), THE OTHER OF NONPROFESSIONAL EMPLOYEES
 (3-CU-11).  THE UNIT OF PROFESSIONAL EMPLOYEES CONTAINS ECONOMISTS,
 ATTORNEYS AND PERSONNEL PSYCHOLOGISTS.  THE UNIT OF NONPROFESSIONAL
 EMPLOYEES INCLUDES SOCIAL SCIENCE SPECIALISTS, PSYCHOLOGY AIDES AND
 TECHNICIANS, PERSONNEL MANAGEMENT AND PERSONNEL STAFFING SPECIALISTS,
 POSITION CLASSIFICATION SPECIALISTS, OCCUPATIONAL ANALYSTS AND
 SPECIALISTS, SALARY AND WAGE ADMINISTRATION SPECIALISTS, CIVIL SERVICE
 REPRESENTATIVES, EMPLOYEE DEVELOPMENT SPECIALISTS, MANAGEMENT AND
 PROGRAM ANALYSTS, COMPUTER SPECIALIST INSTRUCTORS, BUDGET AND ACCOUNTING
 INSTRUCTORS, BUDGET ANALYST INSTRUCTORS AND CONTRACT SPECIALIST
 INSTRUCTORS, TRAINING INSTRUCTORS, INVESTIGATORS AND INVESTIGATIONS
 TECHNICIANS.
 
    THE OPM SEEKS TO EXCLUDE FROM THE ABOVE-LISTED UNITS EMPLOYEES IN A
 TOTAL OF TWENTY-THREE POSITION CLASSIFICATIONS.
 
    PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY
 
    EMPLOYEES IN TWENTY-ONE JOB CLASSIFICATIONS ARE SOUGHT TO BE EXCLUDED
 ON THE BASIS OF SEC. 7112(B)(3) OF THE STATUTE AS BEING ENGAGED IN
 PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY.  THESE INCLUDE
 THE FOLLOWING:
 
    PERSONNEL MANAGEMENT SPECIALISTS, GS-201, ARE INVOLVED IN ALL AREAS
 OF PERSONNEL MANAGEMENT FOR CLIENT AGENCIES, I.E., STAFFING,
 COMPENSATION, AGENCY RELATIONS, EXECUTIVE PERSONNEL AND MANAGEMENT
 DEVELOPMENT, AND WORK FORCE EFFECTIVENESS, AND CONSTITUTE THE MAJORITY
 OF EMPLOYEES SOUGHT TO BE EXCLUDED PURSUANT TO SEC. 7112(B)(3) OF THE
 STATUTE.  SOME PERSONNEL MANAGEMENT SPECIALISTS PROVIDE GUIDANCE AND
 TECHNICAL ASSISTANCE TO THE VARIOUS AGENCIES ON ALL AREAS OF PERSONNEL
 MANAGEMENT.  OTHER EMPLOYEES IN THESE POSITIONS ASSIST IN THE
 DEVELOPMENT OF PERSONNEL POLICIES, REGULATIONS, AND PROCEDURES
 APPLICABLE TO FEDERAL EMPLOYMENT BY PROVING INFORMATION AND GUIDANCE IN
 THESE AREAS.  SOME EMPLOYEES DRAFT AND REVISE OCCUPATIONAL STANDARDS;
 SOME CONDUCT STUDIES AND PROJECTS IN VARIOUS MANAGEMENT AREAS, AND
 OTHERS DEVELOP SPECIFIC PROGRAMS DEALING WITH WORK INCENTIVES OR
 EMPLOYEE PROBLEMS.  SOME EMPLOYEES CLASSIFIED AS PERSONNEL MANAGEMENT
 SPECIALISTS PROVIDE CONSULTING SERVICES TO AGENCIES ON MANAGEMENT
 FUNCTIONS AND CONDUCT FORMAL EVALUATIONS OF AGENCY PERFORMANCE IN THE
 AREA OF PERSONNEL MANAGEMENT.  OTHER EMPLOYEES IN THESE POSITIONS
 PROVIDE ADVICE ON SPECIAL EMPHASIS PROGRAMS, SUCH AS THOSE DESIGNED TO
 ASSIST WOMEN, MINORITIES, THE HANDICAPPED AND VETERANS.  SOME PERSONNEL
 MANAGEMENT SPECIALISTS EVALUATE REGIONAL OFFICES AND HELP TO DEVISE
 SOLUTIONS TO THEIR MANAGEMENT PROBLEMS.  FINALLY, SOME OF THOSE
 EMPLOYEES DEVELOP SYSTEMS OF RECORDS AND FORMS TO BE USED IN AGENCY
 MANAGEMENT, WHILE OTHERS ADMINISTER THE PERSONNEL MANAGEMENT GRANTS
 PROGRAM THAT PROVIDES MANAGEMENT ASSISTANCE TO STATE AND LOCAL
 GOVERNMENT AGENCIES PURSUANT TO THE INTERGOVERNMENTAL PERSONNEL
 PROGRAM
 ACT.  THE OPM SEEKS TO EXCLUDE ALL OF THESE EMPLOYEES ON THE BASIS OF
 THEIR INVOLVEMENT IN ALL AREAS OF PERSONNEL MANAGEMENT AND THEIR
 PERFORMANCE OF WHAT OPM ALLEGES IS THE TYPE OF PERSONNEL WORK INTENDED
 TO BE EXCLUDED BY THE STATUTE.
 
    SOCIAL SCIENCE SPECIALISTS, GS-101, ARE INVOLVED IN THE DEVELOPMENT
 OF ALTERNATIVE EXAMINATION METHODS OF MEASURING THE REASONING ABILITIES
 OF DEAF, BLIND, AND OTHER HANDICAPPED JOB APPLICANTS AS WELL AS
 EXAMINATION METHODS FOR APPLICANTS OF NON-ENGLISH SPEAKING BACKGROUNDS.
 THESE EMPLOYEES ARE SOUGHT TO BE EXCLUDED ON THE BASIS THAT BY THEIR
 INVOLVEMENT WITH THE EMPLOYEE SELECTION PROCESS AND INTERRELATIONSHIP
 WITH AGENCIES, THEY ARE INVOLVED IN PERSONNEL WORK AND EXCLUDABLE WITHIN
 THE MEANING OF SEC. 7122(B)(3) OF THE STATUTE.
 
    EQUAL EMPLOYMENT OPPORTUNITY SPECIALISTS, GS-160, PROVIDE GUIDANCE
 AND TECHNICAL ASSISTANCE IN THE AREAS OF RECRUITMENT, UPWARD MOBILITY,
 AND WORKER-TRAINEE PROGRAMS TO FEDERAL AGENCIES AND TO COMMUNITY AND
 SPECIAL INTEREST GROUPS CONCERNING THE FEDERAL EQUAL EMPLOYMENT
 OPPORTUNITY PROGRAM.  GIVEN THEIR ADVISORY RELATIONSHIP TO THE
 MANAGEMENT OF VARIOUS AGENCIES OTHER THAN THEIR OWN IN THE AREA OF
 AFFIRMATIVE ACTION EMPLOYMENT AND THEIR PARTICIPATION IN RECRUITMENT
 PROGRAMS, THE AGENCY HEREIN SEEKS TO EXCLUDE THEM ON THE BASIS OF SEC.
 7112(B)(3) ALLEGING THEY PERFORM PERSONNEL WORK.
 
    PSYCHOLOGY AIDES AND TECHNICIANS, GS-181, PERFORM NONPROFESSIONAL
 WORK IN DEVELOPING EXAMINATIONS BY ASSEMBLING ELEMENTS OF EXAMINATIONS,
 DEVELOPING SAMPLE QUESTIONS OR PREPARING INSTRUCTIONS.  THEY ACT AS
 SUPPORT STAFF TO PERSONNEL PSYCHOLOGISTS AT OPM AND, IN THIS CONNECTION,
 ASSIST IN EXPERIMENTS AND ANALYSIS OF EXAMINATION METHODS USED BY CLIENT
 AGENCIES.  THE OPM SEEKS THEIR EXCLUSION PURSUANT TO SEC. 7112(B)(3) ON
 THE BASIS OF THEIR INVOLVEMENT IN PERSONNEL STAFFING AND SELECTION
 PROCEDURES FOR OTHER AGENCIES.
 
    PERSONNEL CLERKS AND ASSISTANTS, GS-203, /4/ PROVIDE TECHNICAL AND
 SUPPORT SERVICES.  THEY RATE JOB APPLICATIONS FOR POSITIONS IN LOWER
 GRADES OF VARIOUS OCCUPATIONS.  IN THIS CONNECTION, THEY INTERVIEW
 APPLICANTS TO ANSWER QUESTIONS ABOUT RATINGS OR JOB QUALIFICATIONS.
 EMPLOYEES IN THESE POSITIONS MAINTAIN REGISTERS OF QUALIFIED APPLICANTS
 AND AUDIT CERTIFICATES TO DETERMINE IF SELECTION HAS BEEN MADE IN
 ACCORDANCE WITH REGULATIONS.  FINALLY, SOME PERSONNEL CLERKS AND
 ASSISTANTS PROVIDE INFORMATION ABOUT FEDERAL EXAMINATIONS AND EMPLOYMENT
 QUALIFICATIONS, AND FILING AND EXAMINING PROCEDURES.  THE POSITION
 OPERATES AS A "BRIDGE" POSITION BETWEEN CLERICALS AND PERSONNEL
 MANAGEMENT SPECIALISTS.  THEIR INVOLVEMENT IN SELECTION PROCEDURES AND
 THEIR GENERAL SUPPORT RELATIONSHIP TO OTHER EMPLOYEES INVOLVED IN
 PERSONNEL MATTERS, ARE THE BASES ON WHICH THE AGENCY SEEKS TO EXCLUDE
 THEM FROM THE BARGAINING UNIT BY REASON OF SEC. 7112(B)(3).
 
    PERSONNEL STAFFING SPECIALISTS, GS-212, PROVIDE GUIDANCE AND
 INFORMATION TO AGENCIES CONCERNING RECRUITING AND EXAMINING ACTIVITIES.
 THEY REVIEW, ANALYZE AND MAKE RECOMMENDATIONS ON A VARIETY OF AGENCY
 PERSONNEL ACTIONS INCLUDING REDUCTION-IN-FORCE, EARLY RETIREMENT AND
 WAIVER OF REGULATORY REQUIREMENTS.  SOME OF THESE EMPLOYEES ALSO DRAFT
 LEGISLATION CONCERNING STAFFING MATTERS, ASSIST IN THE OPERATION OF A
 REFERRAL SYSTEM FOR SENIOR LEVEL POSITIONS, AND DEVELOP RATING SCHEDULES
 TO BE USED IN COMPETITIVE EXAMINING PROGRAMS.  THE AGENCY ALLEGES THAT
 THESE EMPLOYEES PLAY MAJOR ROLES IN IMPLEMENTING THE REORGANIZATION PLAN
 DESIGNED TO DECENTRALIZE STAFFING PROCEDURES BY GIVING AGENCIES GREATER
 SELECTION RESPONSIBILITIES.  THUS, THE AGENCY CONTENDS, IN EFFECT, THAT
 GIVEN THEIR ADVISORY AND ASSISTANCE DUTIES AND THEIR INVOLVEMENT WITH
 PERSONNEL MANAGEMENT OF VARIOUS AGENCIES, THESE EMPLOYEES SHOULD BE
 EXCLUDED FROM THE UNIT PURSUANT TO SEC. 7112(B)(3) OF THE STATUTE.
 
    POSITION CLASSIFICATION SPECIALISTS, GS-221, OFFER ADVICE AND
 ASSISTANCE TO MANAGEMENT OF VARIOUS CLIENT AGENCIES CONCERNING POSITION
 CLASSIFICATION AND GRADING, AND, ON REQUEST, REVIEW POSITIONS TO
 DETERMINE APPROPRIATE TITLE, SERIES AND GRADE.  THEY ALSO MAKE DECISIONS
 ON APPEALS FROM AGENCY DETERMINATIONS ON POSITION CLASSIFICATIONS /5/ AS
 WELL AS PROVIDE ADVISORY OPINIONS ON MAJOR CLASSIFICATION ACTIONS THAT
 ARE ANTICIPATED BY AGENCIES.  ACCORDINGLY, THE OPM MAINTAINS THAT THEIR
 CLOSE ADVISORY RELATIONSHIP TO VARIOUS AGENCY MANAGEMENTS AND THEIR
 PARTICIPATION IN ASSISTING THESE AGENCIES TO CLASSIFY THEIR POSITIONS
 SHOULD LEAD TO THEIR EXCLUSION UNDER THE STATUTE PURSUANT TO SEC.
 7112(B)(3).
 
    OCCUPATIONAL ANALYSTS AND SPECIALISTS, GS-222, CONDUCT STUDIES OF
 OCCUPATIONS TO IDENTIFY THE TYPE OF KNOWLEDGE, SKILL AND ABILITY
 NECESSARY TO PERFORM A TASK AND, FROM THIS ANALYSIS, DETERMINE TRAINING
 NEEDS APPROPRIATE TO THE POSITION.  THE AGENCY ARGUES IN EFFECT THAT THE
 USE OF THESE EMPLOYEES' ANALYSES BY MANAGEMENT AND AGENCY TRAINING
 SPECIALISTS WOULD JUSTIFY EXCLUDING THESE POSITIONS FROM THE BARGAINING
 UNIT.
 
    SALARY AND WAGE SPECIALISTS, GS-223, DEVELOP PROGRAMS AND CONDUCT
 SURVEYS DESIGNED TO OBTAIN WAGE INFORMATION THAT IS USED IN DETERMINING
 FEDERAL PAY SCALES FOR TRADESMEN, CRAFTSMEN, AND LABORERS.  THEY ALSO
 MAKE RECOMMENDATIONS ON PAY FOR GENERAL SCHEDULE EMPLOYEES AND SUBMIT
 PROPOSALS CONCERNING EXECUTIVE PAY.  THESE SPECIALISTS ALSO STUDY PAY
 COMPARABILITY, ALLOWANCE AND PAY DIFFERENTIAL PROBLEMS.  FINALLY, THEY
 PROVIDE INFORMATION ON A VARIETY OF WAGE MATTERS TO FEDERAL AGENCIES AND
 EMPLOYEE GROUPS.  THE AGENCY CONTENDS THAT BECAUSE THESE EMPLOYEES
 PARTICIPATE IN SALARY DETERMINATIONS THEY PERFORM "PERSONNEL WORK", AND
 ARE THUS EXCLUDABLE PURSUANT TO SEC. 7112(B)(3) OF THE STATUTE BECAUSE
 THEY PARTICIPATE IN SALARY DETERMINATIONS.
 
    EMPLOYEE DEVELOPMENT SPECIALISTS, GS-235, ARE RESPONSIBLE FOR
 DEVELOPING TRAINING PROGRAMS IN SUCH AREAS AS MANAGEMENT, PUBLIC
 ADMINISTRATION AND GOVERNMENTAL OPERATIONS.  THEY PROVIDE TRAINING
 PROGRAM INFORMATION TO VARIOUS AGENCIES, ASSIST AGENCIES IN DEVELOPING
 TRAINING PROGRAMS, MONITOR AND EVALUATE PROGRAM EFFECTIVENESS AND MAKE
 RECOMMENDATIONS FOR PROGRAM IMPROVEMENT.  THE AGENCY SEEKS TO EXCLUDE
 THEM FROM THE BARGAINING UNIT BECAUSE OF THEIR INVOLVEMENT WITH THE
 TRAINING OF AGENCY OFFICIALS IN MANAGEMENT AREAS.
 
    CIVIL SERVICE REPRESENTATIVES, GS-301, SERVE AS LIAISON BETWEEN OPM
 AND THE CONGRESS.  THESE EMPLOYEES RESPOND TO QUESTIONS FROM MEMBERS OF
 CONGRESS AND THEIR CONSTITUENTS CONCERNING SUCH MATTERS AS RETIREMENT,
 PAY, AND JOB INFORMATION.  IN EFFECT, THE AGENCY ARGUES THAT THEY SHOULD
 BE EXCLUDED PURSUANT TO SEC. 7112(B)(3) FROM THE BARGAINING UNIT BY
 REASON OF THEIR STATUS AS REPRESENTATIVES OF OPM AND IN EFFECT BECAUSE
 IT STATES THEY COULD BE CALLED UPON TO USE DISCRETION IN RESPONDING TO
 INQUIRIES FROM THE PUBLIC REGARDING PERSONNEL MATTERS.
 
    COMPUTER SPECIALIST INSTRUCTOR, GS-334, DEVELOP AND CONDUCT COURSES
 IN COMPUTER PROGRAMMING, SYSTEMS ANALYSIS AND OTHER COMPUTER FUNCTIONS.
 THEY ALSO MONITOR AND EVALUATE AGENCY TRAINING COURSES AND ASSIST
 AGENCIES IN DETERMINING NEEDS AND RESOURCES IN AGENCY TRAINING PROGRAMS
 IN THIS AREA.  THE OPM SEEKS TO EXCLUDE THESE EMPLOYEES BY REASON OF
 SEC.  7112(B)(3) OF THE STATUTE BECAUSE OF THIS INVOLVEMENT WITH AGENCY
 TRAINING PROGRAMS.
 
    MANAGEMENT ANALYSTS, GS-343, AND PROGRAM ANALYSTS, GS-345, PERFORM
 WORK SIMILAR TO THAT OF PERSONNEL MANAGEMENT SPECIALISTS /6/ IN THAT IT
 INVOLVES MANY OF THE SAME FUNCTIONS:  PROVIDING INFORMATION AND
 RESOURCES, PREPARING AND DELIVERING TRAINING COURSES, OR PROVIDING
 ADVICE AND CONSULTATION TO AGENCY MANAGEMENT.  HOWEVER, MANAGEMENT
 ANALYSTS, AS SUGGESTED BY THEIR TITLE, BRING A SPECIAL KNOWLEDGE OF
 AGENCY ADMINISTRATION AND RESOURCES AND PERSONNEL MANAGEMENT TO THEIR
 JOBS, WHILE PROGRAM ANALYSTS DIRECT THEIR SKILLS TOWARD THE MANAGEMENT
 ASPECTS OF A PARTICULAR PROGRAM, SUCH AS OCCUPATIONAL HEALTH SAFETY OR
 PRODUCTIVITY IMPROVEMENTS.  THE OPM SEEKS TO EXCLUDE MANAGEMENT AND
 PROGRAM ANALYSTS FROM THE OPM UNITS HEREIN PURSUANT TO SEC. 7112(B)(3)
 OF THE STATUTE ON THE BASIS OF THE SIMILARITY OF THEIR WORK TO THAT OF
 PERSONNEL MANAGEMENT SPECIALISTS AND THEIR INVOLVEMENT WITH AND
 ORIENTATION TO THE CONCERNS OF MANAGEMENT OF THE AGENCIES THEY ADVISE.
 
    BUDGETING AND ACCOUNTING INSTRUCTORS, GS-504, BUDGET ANALYST
 INSTRUCTORS, GS-560, AND CONTRACT SPECIALISTS INSTRUCTORS, GS-1102,
 PLAN, DEVELOP AND CONDUCT TRAINING COURSES IN THEIR RESPECTIVE
 DISCIPLINES.  TRAINING INSTRUCTORS, GS-1712, LIKEWISE, DESIGN, DEVELOP
 AND CONDUCT COURSES IN THE AREAS OF OFFICE SKILLS, SUPERVISORY SKILLS,
 AND COMMUNICATION SKILLS.  ALL INSTRUCTORS ALSO PROVIDE ADVICE AND
 ASSISTANCE TO AGENCIES CONCERNING THEIR SPECIFIC TRAINING NEEDS.  THE
 INSTRUCTORS' RESPONSIBILITY FOR THE DEVELOPMENT OF TRAINING PROGRAMS IN
 LIGHT OF OCCUPATIONAL REQUIREMENTS AND THEIR RELATIONSHIP TO AGENCY
 MANAGEMENT ARE THE BASIS ON WHICH OPM SEEKS TO EXCLUDE THEM FROM THE
 BARGAINING UNIT PURSUANT TO SEC. 7112(B)(3) OF THE STATUTE.
 
    ATTORNEYS, GS-905, IN THE OFFICE OF GENERAL COUNSEL, HANDLE LEGAL
 PROBLEMS RELATING TO EMPLOYMENT UNDER CIVIL SERVICE REGULATIONS,
 INCLUDING EXAMINATIONS, QUALIFICATIONS, CERTIFICATION, SELECTION, AND
 VETERANS PREFERENCE.  /7/ THEY ALSO SERVE AS ADVISORS TO OPM ON THE
 FREEDOM OF INFORMATION ACT AND THE ETHICS IN GOVERNMENT ACT OF 1968.
 THE AGENCY CONTENDS, IN EFFECT, THAT AS LEGAL ADVISORS TO OPM ON
 PERSONNEL MATTERS, THEY ARE INVOLVED IN THE TYPE OF PERSONNEL WORK
 EXCLUDABLE PURSUANT TO SEC. 7112(B)(3) OF THE STATUTE.
 
    ECONOMISTS, GS-110, CONDUCT STUDIES AND SURVEYS THAT ARE USED IN
 ESTABLISHING PAY SCHEDULES.  IN THIS CONNECTION, THEY EXAMINE PAY
 SYSTEMS IN THE PRIVATE, PUBLIC AND FEDERAL SECTORS, COLLECT AND ANALYZE
 ECONOMIC DATA, AND MAKE RECOMMENDATIONS IN AREAS OF COMPENSATION
 INCLUDING WAGES, LIVING ALLOWANCES, AND BENEFITS.  THEY ALSO PERFORM
 RESEARCH STUDIES AND RECOMMEND WAYS TO IMPROVE THE COST-OF-LIVING
 ALLOWANCE PROGRAM TO ENSURE THAT IT IS ADMINISTERED IN CONFORMANCE WITH
 STATUTORY INTENT.  OPM MAINTAINS THAT BY REASON OF THEIR WORK IN
 CONDUCTING STUDIES AND SURVEYS THAT ARE UTILIZED IN THE ESTABLISHMENT OF
 PAY SCHEDULES THEY SHOULD BE EXCLUDED FROM THE BARGAINING UNIT PURSUANT
 TO SEC. 7112(B)(3) OF THE STATUTE.
 
    PERSONNEL PSYCHOLOGISTS, GS-180, CONDUCT STUDIES OF EXAMINATION
 METHODS AND PROCEDURES.  THEY ALSO RESEARCH AND MAKE RECOMMENDATIONS ON
 METHODS TO IMPROVE EMPLOYEE MORALE, PRODUCTIVITY AND JOB PERFORMANCE.
 IN THIS CONNECTION, THEY ACT AS CONSULTANTS TO AGENCIES AND ASSIST THEM
 IN SOLVING VARIOUS PERSONNEL PROBLEMS.  THEY ALSO ADVISE AGENCIES ON THE
 USE OF PERFORMANCE APPRAISALS AND EVALUATIONS.  THEIR INVOLVEMENT WITH
 TESTING PROCEDURES AND CONCERN FOR PROMOTING PRODUCTIVITY AND JOB
 PERFORMANCE ARE THE BASIS ON WHICH THE ACTIVITY SEEKS TO EXCLUDE THEM
 FROM THE BARGAINING UNIT PURSUANT TO SEC. 7112(B)(3) OF THE STATUTE.
 
    IN ADDITION TO THE SPECIFIC ARGUMENTS SET FORTH FOR EACH OF THE
 POSITION CLASSIFICATIONS, THE PETITIONER URGES THE EXCLUSION OF THESE
 EMPLOYEES PURSUANT TO SEC.  7112(B)(3) OF THE STATUTE ON THE THEORY THAT
 WITH THE PASSAGE OF THE CIVIL SERVICE REFORM ACT AND THE IMPLEMENTATION
 OF REORGANIZATION PLAN NO. 2 OF 1978, THE OFFICE OF PERSONNEL MANAGEMENT
 HAS BECOME THE CENTRAL PERSONNEL OFFICE FOR THE EXECUTIVE BRANCH OF THE
 GOVERNMENT AND THAT THE INVOLVEMENT OF THE EMPLOYEES AT ISSUE IN THE
 DEVELOPMENT OF PERSONNEL POLICIES AND PROCEDURES ON BEHALF OF AGENCY
 MANAGEMENT WOULD CONSTITUTE A CONFLICT OF INTEREST IF THESE EMPLOYEES
 WERE INCLUDED.  THE AGENCY FURTHER ASSERTS THAT AS THE CENTRAL PERSONNEL
 OFFICE, OPM IS NOW CHARGED WITH THE RESPONSIBILITY OF ASSISTING THE
 PRESIDENT IN PROMOTING, RATHER THAN SIMPLY ADMINISTERING, AN EFFICIENT
 CIVIL SERVICE.  THIS NEW MISSION, IN TURN, HAS CREATED NEW JOB
 RESPONSIBILITIES FOR SOME POSITIONS, PARTICULARLY IN TERMS OF MANAGEMENT
 CONSULTING AND ACTIVE INVOLVEMENT IN DIRECTING PERSONNEL POLICIES.  IN
 OTHER POSITIONS, PRIORITIES HAVE BEEN REVISED, WHERE, FOR EXAMPLE,
 CONCERN FOR EFFICIENCY AND PRODUCTIVITY AND A NEW ORIENTATION TOWARD
 AGENCY MANAGEMENT ASSISTANCE HAVE BEEN STRESSED.  THE RESULT, IT IS
 ASSERTED, IS THAT THESE EMPLOYEES PROVIDE ADVICE ON HOW TO DEAL WITH
 PERSONNEL MATTERS SIMILAR TO THE WAY CENTRAL PERSONNEL OFFICES OPERATE,
 AND SHOULD BE EXCLUDED ON THE BASIS THAT THEY PERFORM PERSONNEL WORK
 THAT IS INTERNAL TO ALL FEDERAL AGENCIES.
 
    THE AFGE OPPOSES EXCLUSION OF THESE EMPLOYEES PURSUANT TO SEC.
 7112(B)(3) ON THE GROUNDS THAT DESPITE THE REORGANIZATION OF THE CIVIL
 SERVICE COMMISSION AND THE CREATION OF THE OFFICE OF PERSONNEL
 MANAGEMENT, THERE HAVE BEEN NO CHANGES IN THE WORK PERFORMED BY THESE
 EMPLOYEES WHICH WOULD REQUIRE THEIR EXCLUSION FROM THE BARGAINING UNITS.
 
    THE PRACTICE OF EXCLUDING FROM BARGAINING UNITS EMPLOYEES ENGAGED IN
 FEDERAL PERSONNEL WORK HAS BEEN A PART OF THE FORMALIZED FEDERAL SERVICE
 LABOR-MANAGEMENT PROGRAM SINCE ITS INCEPTION IN 1962.  DURING THE PERIOD
 FROM 1962 TO 1969, SECTION 6(A)(2) OF EXECUTIVE ORDER 10988 REQUIRED THE
 EXCLUSION FROM UNITS OF "ANY EMPLOYEE ENGAGED IN FEDERAL PERSONNEL WORK
 IN OTHER THAN A PURELY CLERICAL CAPACITY." THIS IDENTICAL EXCLUSION WAS
 CARRIED OVER UNDER SECTION 10(B)(2) OF EXECUTIVE ORDER 11491, FROM 1970
 THROUGH 1978.
 
    THROUGHOUT THE FEDERAL SERVICE, IMPLEMENTATION OF THESE PROVISIONS
 RESULTED IN THE EXCLUSION FROM BARGAINING UNITS OF EMPLOYEES OF AN
 AGENCY WHO DID PERSONNEL WORK WITHIN THAT AGENCY.  AT THE CIVIL SERVICE
 COMMISSION, EMPLOYEES DOING SUCH INTERNAL PERSONNEL WORK WERE EXCLUDED
 FROM BARGAINING UNITS BUT EMPLOYEES OF THE CIVIL SERVICE COMMISSION WHO
 PERFORMED THE PERSONNEL ADVISORY AND ASSISTANCE FUNCTIONS FOR OTHER
 AGENCIES WERE NOT EXCLUDED FROM BARGAINING UNITS ON THE BASIS OF THE
 "PERSONNEL WORK" EXCLUSION.
 
    IN SEC. 7112(B)(3) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 STATUTE, CONGRESS ADOPTED THE PRACTICE UNDER THE EXECUTIVE ORDER PROGRAM
 OF EXCLUDING FROM BARGAINING UNITS AN EMPLOYEE ENGAGED IN PERSONNEL WORK
 IN OTHER THAN A PURELY CLERICAL CAPACITY.  IN THE LEGISLATIVE HISTORY OF
 THE STATUTE, THERE IS NO INDICATION THAT CONGRESS SOUGHT TO EXTEND SUCH
 EXCLUSIONARY PRACTICE BEYOND ITS HISTORICAL SCOPE TO THE LARGE NUMBER OF
 EMPLOYEES OF THE OPM WHO PARTICIPATE IN THE DELIVERY OF THAT AGENCY'S
 PERSONNEL ADVISORY SERVICES TO OTHER AGENCIES.
 
    IT IS UNDISPUTED THAT THE EMPLOYEES HERE SOUGHT TO BE EXCLUDED FROM
 THE EXISTING UNITS ON THE BASIS OF SEC. 7112(B)(3) ARE NOT INVOLVED IN
 DOING THE OPM'S INTERNAL PERSONNEL WORK, BUT, AS NOTED ABOVE, THEY ARE
 EMPLOYEES DOING WORK RELATED TO OPM'S MISSION OF DELIVERING PERSONNEL
 ASSISTANCE TO OTHER AGENCIES.  OF THE TWENTY-THREE POSITIONS SOUGHT TO
 BE CLARIFIED OUT OF THE UNIT (INCLUDING THE INVESTIGATIVE POSITIONS
 WHICH ARE DISCUSSED BELOW), TWENTY-ONE POSITIONS WERE TRANSFERRED TO OPM
 FROM THE CIVIL SERVICE COMMISSION.  THESE OPM EMPLOYEES PERFORM WORK
 THAT IS SIMILAR, AND IN MOST CASES IDENTICAL, TO WORK THEY PERFORMED AS
 EMPLOYEES OF THE CIVIL SERVICE COMMISSION.  FOR THESE EMPLOYEES, THE
 TRANSFER TO OPM RESULTED AT MOST IN TITLE CHANGES, REDISTRIBUTION OF
 WORK LOAD, OR REASSIGNMENT TO NEWLY TITLED OR NEWLY ORGANIZED
 DEPARTMENTS.
 
    THE RECORD SHOWS THAT EMPLOYEES IN MANY OF THE POSITION
 CLASSIFICATIONS DISCUSSED ABOVE AND SOUGHT TO BE EXCLUDED AS BEING
 ENGAGED IN PERSONNEL WORK AS DEFINED IN SEC. 7113(B)(3) PERFORM THEIR
 DUTIES IN AN ADVISORY CAPACITY.  PERSONNEL MANAGEMENT SPECIALISTS, WHEN
 ACTING AS ADVISORS, PROVIDE GUIDANCE AND INFORMATION ON VARIOUS MATTERS
 RELATING TO PERSONNEL MANAGEMENT PROGRAMS AND PERSONNEL POLICIES,
 REGULATIONS AND PROCEDURES.  OTHER EMPLOYEES, INCLUDING STAFFING
 SPECIALISTS AND EMPLOYEE DEVELOPMENT SPECIALISTS ANALYZE, IN RESPONSE TO
 AN AGENCY'S REQUEST, PERSONNEL NEEDS REGARDING RECRUITMENT, TRAINING OR
 JOB CLASSIFICATION, AND HELP THE AGENCY TO FRAME PLANS OR SOLUTIONS TO
 RELATED PROBLEMS.  FREQUENTLY, THIS ASSISTANCE TAKES THE FORM OF
 COLLECTING DATA, SUGGESTING METHODS AND PROCEDURES, TRANSMITTING
 INFORMATION, OR ASSEMBLING AND DELIVERING COURSE MATERIALS.  /8/ SOME OF
 THE EMPLOYEES SOUGHT TO BE EXCLUDED DO RESEARCH, AND ARE INVOLVED IN THE
 DESIGN OF PAY SYSTEMS, MANAGEMENT PROGRAMS OR IN THE DEVELOPMENT OF
 METHODS AND PROCEDURES OF COLLECTING DATA, ADMINISTERING EXAMS, OR
 RECRUITING APPLICANTS.  /9/
 
    AS ADVISORS, THE EMPLOYEES SOUGHT TO BE EXCLUDED ON THE BASIS OF
 THEIR PERSONNEL-RELATED WORK DEAL WITH THE PERSONNEL MATTERS OF AGENCIES
 OTHER THAN OPM.  THEY ARE CONCERNED PRIMARILY WITH THE SYSTEM OF
 PERSONNEL MANAGEMENT RATHER THAN WITH INDIVIDUAL PERSONNEL PROBLEMS.
 THUS, SUCH EMPLOYEES MAY ADVISE ON SELECTING AND HIRING PROCEDURES BUT
 DO NOT MAKE FINAL DETERMINATIONS REGARDING WHICH SELECTION PROCEDURES
 ARE USED OR WHICH APPLICANTS ARE HIRED.  SIMILARLY, WHILE MANY OF THESE
 EMPLOYEES MAY COMMENT ON POLICIES, NONE HAS FINAL POLICY-MAKING
 AUTHORITY, AND WHATEVER THEIR ROLE VIS-A-VIS CLIENT AGENCIES, THE RECORD
 DOES NOT ESTABLISH THAT THE OPM EMPLOYEES IN QUESTION DO PERSONNEL WORK
 WHICH HAS DIRECT IMPACT ON THE EMPLOYEES OF THEIR OWN AGENCY.
 
    IT IS CLEAR THAT THE EMPLOYEES SOUGHT TO BE EXCLUDED FROM THE
 BARGAINING UNIT ON THE BASIS OF SEC. 7112(B)(3) PERFORM WORK THAT
 RELATES IN SOME WAY TO PERSONNEL MATTERS, BUT IT DOES NOT FOLLOW THAT
 THEY ARE "ENGAGED IN PERSONNEL WORK" WITHIN THE MEANING OF THE STATUTE.
 EMPLOYEES WHO PERFORM "INTERNAL" PERSONNEL WORK, THAT IS, WORK RELATING
 DIRECTLY TO THE PERSONNEL OPERATIONS OF THEIR OWN EMPLOYING AGENCY,
 WOULD BE FACED WITH A CONFLICT OF INTEREST BETWEEN THEIR JOBS AND UNION
 REPRESENTATION IF INCLUDED IN THE UNIT, A CONFLICT NOT PRESENT FOR THE
 EMPLOYEES HEREIN.  /10/ THUS, THOSE WHO SERVE AS ADVISORS ON PERSONNEL
 MATTERS TO AGENCIES OTHER THAN THEIR OWN ARE NOT INVOLVED IN PERSONNEL
 WORK WHICH AFFECTS UNIT EMPLOYEES.  SIMILARLY, OTHER EMPLOYEES AT ISSUE
 HEREIN SUCH AS ATTORNEYS, AND CIVIL SERVICE REPRESENTATIVES (WHO PERFORM
 CONGRESSIONAL LIAISON FUNCTIONS), PERFORM WORK THAT REQUIRES A KNOWLEDGE
 OF PERSONNEL MATTERS BUT DOES IMPACT ON THE UNIT.  THUS, CIVIL SERVICE
 REPRESENTATIVES ARE NOT "ENGAGED IN PERSONNEL WORK" BUT RATHER ARE
 CONCERNED WITH PERSONNEL MATTERS ONLY TO THE EXTENT THAT IT IS THEIR JOB
 TO PROVIDE ANSWERS TO PUBLIC INQUIRIES ON PERSONNEL REGULATIONS,
 POLICIES AND PROCEDURES.  THE ATTORNEYS IN QUESTION DO LEGAL WORK FOR
 THE AGENCY AND ADVISE OTHER AGENCIES IN REGARD TO EMPLOYMENT UNDER CIVIL
 SERVICE REGULATIONS BUT, IN THIS INSTANCE, ARE NOT INVOLVED IN INTERNAL
 PERSONNEL WORK.  ADDITIONALLY, THE PERSONNEL CLERKS AND ASSISTANTS, AND
 PSYCHOLOGY AIDES AND TECHNICIANS, ALTHOUGH WORKING IN ORGANIZATIONAL
 AREAS THAT INVOLVE PERSONNEL MATTERS, PERFORM SUPPORT SERVICES WHICH DO
 NOT AFFECT INTERNAL PERSONNEL MATTERS AND THUS ARE NOT "ENGAGED IN
 PERSONNEL WORK".  ACCORDINGLY, AS NONE OF THE EMPLOYEES LISTED IN THE
 PETITION DO THE KIND OF WORK WHICH WOULD GIVE RISE TO A CONFLICT OF
 INTEREST BETWEEN THEIR JOB AND UNION REPRESENTATION, THE AUTHORITY FINDS
 THAT EMPLOYEES IN THESE POSITIONS ARE NOT ENGAGED IN PERSONNEL WORK IN
 OTHER THAN A PURELY CLERICAL CAPACITY WITHIN THE MEANING OF THE STATUTE,
 AND THEREFORE SHOULD NOT BE EXCLUDED FROM THE UNIT ON THE BASIS OF SEC.
 7112(B)(3).
 
    INVESTIGATIVE WORK WHICH DIRECTLY AFFECTS NATIONAL SECURITY
 
    OPM ALSO ASSERTS THAT TWO GROUPS OF EMPLOYEES, INVESTIGATORS,
 GS-1810, AND INVESTIGATIONS TECHNICIANS, GS-1899, SHOULD BE EXCLUDED
 FROM THE BARGAINING UNITS DESCRIBED ABOVE ON THE BASIS OF SEC.
 7112(B)(6) BECAUSE THEY ARE ENGAGED IN INVESTIGATIVE WORK WHICH DIRECTLY
 AFFECTS NATIONAL SECURITY.  THE AFGE CONTENDS THAT THE EMPLOYEES ENGAGED
 IN INVESTIGATIVE WORK, SOUGHT TO BE EXCLUDED PURSUANT TO SEC.
 7112(B)(6), ARE NOT ENGAGED IN WORK WHICH DIRECTLY AFFECTS NATIONAL
 SECURITY.
 
    EMPLOYEES IN THESE POSITIONS CONDUCT FULL INVESTIGATIONS INTO
 APPLICANTS' QUALIFICATIONS AND SUITABILITY FOR EMPLOYMENT.  AMONG THE
 AGENCIES FOR WHOM THESE INVESTIGATIONS ARE PERFORMED ARE THE DEPARTMENT
 OF ENERGY, THE NATIONAL SECURITY AGENCY AND THE NUCLEAR REGULATORY
 COMMISSION.  ADDITIONALLY, EMPLOYEES OF VARIOUS PRIVATE CONTRACTORS ARE
 INVESTIGATED, PARTICULARLY IF THEY WOULD HAVE ACCESS TO NUCLEAR
 MATERIALS IN WEAPONS, POWER GENERATION, AND HEALTH PROJECTS.  ON THE
 BASIS OF THEIR INVOLVEMENT IN THESE PARTICULAR INVESTIGATIONS, THE
 AGENCY CONTENDS THE EMPLOYEES AT ISSUE ARE ENGAGED IN INVESTIGATIVE WORK
 WHICH DIRECTLY AFFECTS NATIONAL SECURITY.
 
    IN CONDUCTING INVESTIGATIONS, THE INCUMBENTS SEEK INFORMATION
 REGARDING THE ACCURACY OF INFORMATION GIVEN BY JOB APPLICANTS AND DO
 BACKGROUND INVESTIGATIONS INTO THE CHARACTER AND GENERAL SUITABILITY FOR
 EMPLOYMENT OF THOSE APPLICANTS.  ACCORDING TO UNCONTRADICTED TESTIMONY,
 THESE EMPLOYEES DO NOT DO INVESTIGATIONS FOR SUCH ORGANIZATIONS AS THE
 FEDERAL BUREAU OF INVESTIGATIONS, THE DEPARTMENT OF DEFENSE OR THE
 CENTRAL INTELLIGENCE AGENCY, NOR DO THEY CONDUCT LOYALTY INVESTIGATIONS.
  IN THE EVENT A QUESTION OF LOYALTY IS RAISED IN THE COURSE OF ONE OF
 THEIR INVESTIGATIONS, THEY DO NOT PURSUE IT.  INSTEAD, SUCH A CASE WOULD
 BE REFERRED TO THE FBI.  THESE EMPLOYEES PERFORM A PURELY FACT-FINDING
 MISSION, ON INSTRUCTIONS FROM INDIVIDUAL CLIENT AGENCIES, AND REPORT
 FINDINGS WITHOUT RECOMMENDING ACTIONS IN ANY CASE.  THEY MAKE NO
 DETERMINATION REGARDING THE NEED FOR AN INVESTIGATION, THE DEPTH OF
 INVESTIGATION REQUIRED, OR AN INDIVIDUAL'S SUITABILITY FOR EMPLOYMENT.
 
    AS NOTED ABOVE, TO EXCLUDE AN EMPLOYEE WHO IS ENGAGED IN
 INVESTIGATIVE WORK UNDER SEC. 7112(B)(6), IT MUST BE SHOWN THAT THE WORK
 "DIRECTLY AFFECTS NATIONAL SECURITY." AS ALREADY INDICATED THE EMPLOYEES
 AT ISSUE HEREIN ARE FACT-FINDERS WHO OBTAIN INFORMATION REGARDING
 APPLICANTS' SUITABILITY FOR FEDERAL EMPLOYMENT AND MAKE NO
 DETERMINATIONS OR RECOMMENDATIONS.  MOREOVER, INVESTIGATORS SPECIFICALLY
 ARE PRECLUDED FROM EXPLORING MATTERS CONCERNING AN APPLICANT'S LOYALTY,
 AND THE RECORD DOES NOT ESTABLISH THAT THEY INVESTIGATE IN OTHER AREAS
 OF POTENTIAL RISK TO NATIONAL SECURITY.  IN SHORT, THESE EMPLOYEES PLAY
 NO DIRECT ROLE IN HIRING PEOPLE AND DO NOT THEMSELVES DIRECTLY AFFECT
 THE DECISION WHETHER TO HIRE.  THUS, WITH RESPECT TO THE POSITIONS
 SOUGHT TO BE EXCLUDED PURSUANT TO SEC.  7112(B)(6), THE AUTHORITY FINDS
 NOTHING IN THE RECORD TO INDICATE THE WORK OF THESE EMPLOYEES DIRECTLY
 AFFECTS NATIONAL SECURITY.  /11/ FOR THIS REASON, THE AUTHORITY FINDS
 THAT THE EMPLOYEES ENGAGED IN INVESTIGATIVE WORK SHOULD NOT BE EXCLUDED
 FROM THE BARGAINING UNITS ON THE BASIS OF SEC. 7112(B)(6) AND SHALL
 ORDER THAT THE PORTIONS OF THE PETITIONS SEEKING TO EXCLUDE THE
 EMPLOYEES ON THE BASIS OF SEC. 7112(B)(3) AND (6) OF THE STATUTE BE
 DISMISSED.
 
    AMENDMENT OF CERTIFICATIONS
 
    FINALLY, THE UNDISPUTED PORTIONS OF THE ABOVE PETITIONS (1-CU-9;
 2-CU-3;  3-CU-10;  7-CU-6;  3-CU-11;  AND 3-CU-13), TOGETHER WITH THE
 PETITION OF THE SEATTLE REGIONAL OFFICE (9-AC-2), REQUEST THAT THE
 CERTIFICATIONS OF EACH OF THE BARGAINING UNITS BE AMENDED TO SHOW THE
 CHANGE OF NAME FROM THE U.S. CIVIL SERVICE COMMISSION TO THE U.S. OFFICE
 OF PERSONNEL MANAGEMENT AND TO REFLECT THE APPROPRIATE DESIGNATIONS OF
 EACH OF THE NAMED REGIONAL OFFICES, I.E., BOSTON (NOW NEW ENGLAND), NEW
 YORK (NOW EASTERN), PHILADELPHIA (NOW MID-ATLANTIC), ST. LOUIS (NOW
 MID-CONTINENT), AND SEATTLE (NOW NORTHWESTERN) REGIONAL OFFICES, AND THE
 NATIONAL OFFICE.  THE REMAINING PETITIONS (3-AC-5 AND 3-AC-6) SEEK TO
 AMEND THE CERTIFICATIONS OF EACH OF THE BARGAINING UNITS IN THE NATIONAL
 CHECK AND INQUIRY CENTER AND THE EMPLOYEE SERVICE AND RECORDS CENTER IN
 BOYERS, PENNSYLVANIA.
 
    AS THE RECORD SUPPORTS SUCH AMENDMENTS AND THERE IS NO OBJECTION BY
 ANY PARTY, THE AUTHORITY WILL ORDER THAT THE OPM PETITIONS TO AMEND THE
 CERTIFICATION TO SHOW THE CHANGE IN THE NAME OF THE AGENCY FROM THE U.S.
 CIVIL SERVICE COMMISSION TO THE U.S. OFFICE OF PERSONNEL MANAGEMENT, AND
 TO REFLECT THE APPROPRIATE DESIGNATION OF EACH OF THE REGIONAL OFFICES,
 THE NATIONAL OFFICE, THE NATIONAL CHECK AND INQUIRY CENTER AND THE
 EMPLOYEE SERVICE AND RECORDS CENTER, BE GRANTED.
 
                                   ORDER
 
    IT IS HEREBY ORDERED, IN CASE NOS. 1-CU-9;  2-CU-3;  3-AC-5;  3-AC-6;
  3-CU-10;  3-CU-11;  3-CU-13;  7-CU-6 AND 9-AC-2, THAT THE
 CERTIFICATIONS OF BARGAINING UNITS IN THE NATIONAL AND REGIONAL OFFICES
 OF THE U.S. OFFICE OF PERSONNEL MANAGEMENT, EXCLUSIVELY REPRESENTED BY
 THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, BE AMENDED TO
 REFLECT THE CHANGE OF NAME FROM THE U.S. CIVIL SERVICE COMMISSION TO THE
 U.S. OFFICE OF PERSONNEL MANAGEMENT AND THE APPROPRIATE DESIGNATION OF
 EACH OF THE REGIONAL OFFICES, THE NATIONAL OFFICE, THE NATIONAL CHECK
 AND INQUIRY CENTER AND THE EMPLOYEE SERVICE AND RECORDS CENTER.
 
    IT IS HEREBY FURTHER ORDERED THAT THE PORTIONS OF THE PETITIONS IN
 CASE NOS. 1-CU-9;  2-CU-3;  3-CU-10;  3-CU-11;  3-CU-13 AND 7-CU-6
 SEEKING TO EXCLUDE EMPLOYEES ON THE BASIS OF SEC. 7112(B)(3) AND(6) OF
 THE STATUTE, AND THE ENTIRE PETITION IN CASE NO. 9-CU-5, WHICH SEEKS TO
 DO THE SAME, BE, AND THEY HEREBY ARE, DISMISSED.
 
    ISSUED, WASHINGTON, D.C., MARCH 4, 1981
 
                       RONALD W. HAUGHTON, CHAIRMAN
                       HENRY B. FRAZIER III, MEMBER
                       LEON B. APPLEWHAITE, MEMBER
                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ SECTION 7112(B)(3) AND (6) OF THE STATUTE PROVIDES:
 
    SEC. 7112.  DETERMINATION OF APPROPRIATE UNITS FOR LABOR ORGANIZATION
 REPRESENTATION.
 
   .          .          .          .
 
 
    (B) A UNIT SHALL NOT BE DETERMINED TO BE APPROPRIATE . . . IF IT
 INCLUDES--
 
   .          .          .          .
 
 
    (3) AN EMPLOYEE ENGAGED IN PERSONNEL WORK IN OTHER THAN A PURELY
 CLERICAL CAPACITY . . . .
 
   .          .          .          .
 
 
    (6) ANY EMPLOYEE ENGAGED IN INTELLIGENCE, COUNTERINTELLIGENCE,
 INVESTIGATIVE, OR SECURITY
 
    WORK WHICH DIRECTLY AFFECTS NATIONAL SECURITY . . . .
 
    /2/ WITH THE EXCEPTION OF THE SEATTLE (NORTHWESTERN) REGIONAL OFFICE
 PETITIONS (9-CU-5;  9-AC-2), THE REQUESTS TO AMEND THE BARGAINING UNIT
 CERTIFICATIONS WERE NOT FILED SEPARATELY FROM THE PETITIONS TO CLARIFY
 THE BARGAINING UNITS.  THUS, THE SIX PETITIONS NUMBERED 1-CU-9;  2-CU-3;
  3-CU-10;  7-CU-6;  3-CU-11 AND 3-CU-13 SEEK BOTH TO CLARIFY THE NAMED
 BARGAINING UNIT AND TO AMEND ITS CERTIFICATION, THE PETITION NUMBERED
 9-CU-5 SEEKS ONLY TO CLARIFY THE EXISTING BARGAINING UNIT, AND THE
 PETITIONS NUMBERED 9-AC-2, 3-AC-5, AND 3-AC-6 SEEK ONLY TO AMEND THE
 CERTIFICATIONS OF BARGAINING UNITS.
 
    /3/ 5 U.S.C. SEC. 1103(A)(7)(1978).
 
    /4/ THE PERSONNEL CLERKS AND ASSISTANTS SOUGHT TO BE EXCLUDED IN THIS
 INSTANCE ARE THOSE AT THE GS-5 LEVEL OR ABOVE OR THOSE TARGETS TO THE
 GS-5 LEVEL OR ABOVE.
 
    /5/ ACCORDING TO THE RECORD, THE DECISION ON A CLASSIFICATION APPEAL
 IS BASED ON THE APPLICATION OF THE MOST APPROPRIATE CLASSIFICATION
 STANDARD TO THE PARTICULAR FACTS OF THE CASE;  IT IS A NEUTRAL,
 NON-DISCRETIONARY FUNCTION BASED ON TECHNICAL REQUIREMENTS.
 
    /6/ THE AGENCY DOES NOT SEEK TO EXCLUDE ALL MANAGEMENT ANALYSTS BUT
 ONLY THOSE WHO PERFORM "PERSONNEL" WORK.  THUS, IT IS ONLY THE WORK OF
 THE MANAGEMENT ANALYSTS NAMED IN THE PETITION THAT IS SIMILAR TO THAT
 PERFORMED BY PERSONNEL MANAGEMENT SPECIALISTS AND IT IS ONLY THESE
 MANAGEMENT ANALYSTS WHO ARE SOUGHT TO BE EXCLUDED FROM THE BARGAINING
 UNIT.
 
    /7/ ACCORDING TO THE RECORD, THE ATTORNEYS SOUGHT TO BE EXCLUDED BY
 THIS PETITION ARE NOT INVOLVED IN LABOR RELATIONS WORK.
 
    /8/ AMONG THE OTHER CLASSIFICATIONS OF EMPLOYEES WHO DO THIS KIND OF
 WORK ARE:  POSITION CLASSIFICATION SPECIALISTS (PROVIDE CLASSIFICATION
 AND GRADING ADVICE, ANALYSIS AND RECOMMENDATIONS REGARDING TITLE,
 SERIES, AND GRADES), SOCIAL SCIENCE SPECIALISTS (DEVELOP ALTERNATIVE
 EXAMINATION METHODS FOR HANDICAPPED OR NON-ENGLISH SPEAKING
 INDIVIDUALS), EQUAL EMPLOYMENT OPPORTUNITY SPECIALISTS (PROVIDE
 ASSISTANCE AND INFORMATION RELATING TO THE FEDERAL EQUAL EMPLOYMENT
 OPPORTUNITY PROGRAM), OCCUPATIONAL ANALYSTS AND SPECIALISTS (IDENTIFY
 TRAINING NEEDS AND DEVELOP TRAINING PROGRAMS), AND COMPUTER SPECIALIST
 INSTRUCTORS, BUDGET AND ACCOUNTING INSTRUCTORS, BUDGET ANALYST
 INSTRUCTORS, CONTRACT SPECIALIST INSTRUCTORS AND TRAINING INSTRUCTORS
 (DEVELOP AND CONDUCT COURSES IN SPECIFIC AREA OF EXPERTISE).
 
    /9/ THESE INCLUDE ECONOMISTS, MANAGEMENT AND PROGRAM ANALYSTS,
 PERSONNEL PSYCHOLOGISTS, AND SALARY AND WAGE SPECIALISTS.
 
    /10/ THE AGENCY ARGUES THAT THE PERSONNEL-RELATED WORK PERFORMED BY
 EMPLOYEES AT ISSUE HEREIN IMPACTS ON THE STATUS OF ITS OWN EMPLOYEES TO
 THE SAME EXTENT THAT IT IMPACTS ON ALL OTHER FEDERAL EMPLOYEES, AND THUS
 SHOULD BE CHARACTERIZED AS BEING "INTERNAL" TO THE SAME DEGREE AS THE
 PERSONNEL WORK THAT IS PERFORMED BY THE OPM'S INTERNAL PERSONNEL OFFICE.
  THIS ARGUMENT IS REJECTED, IN THAT THE RECORD DOES NOT SUPPORT THE
 PREMISE THAT THE WORK OF THE EMPLOYEES INVOLVED HEREIN WHO DEAL WITH
 PERSONNEL-RELATED MATTERS FOR OTHER AGENCIES, HAS A DIRECT IMPACT ON THE
 AGENCY'S OWN EMPLOYEES.
 
    /11/ CF. DEPARTMENT OF ENERGY, OAK RIDGE OPERATIONS, OAK RIDGE,
 TENNESSEE, 4 FLRA NO. 85(1980), PP. 10-11. 
 
 
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