Headquarters, Fort Sam Houston, Fort Sam Houston, Texas (Activity/Petitioner) and American Federation of Government Employees, Local 2154, AFL-CIO (Labor Organization) 



[ v05 p339 ]
05:0339(46)CU
The decision of the Authority follows:


 5 FLRA No. 46
 
 HEADQUARTERS, FORT SAM HOUSTON
 FORT SAM HOUSTON, TEXAS
 Activity/Petitioner
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 2154
 Labor Organization
 
                                            Case No. 6-CU-13
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
 UNDER SECTION 7111(B)(2) OF THE FEDERAL SERVICE LABOR-MANAGEMENT
 RELATIONS STATUTE, 5 U.S.C.  7101-7135 (THE STATUTE), A HEARING WAS HELD
 BEFORE A HEARING OFFICER OF THE AUTHORITY.  THE AUTHORITY HAS REVIEWED
 THE HEARING OFFICER'S RULINGS MADE AT THE HEARING AND FINDS THAT THEY
 ARE FREE FROM PREJUDICIAL ERROR.  THE RULINGS ARE HEREBY AFFIRMED.
 
    UPON THE ENTIRE RECORD IN THIS CASE, INCLUDING THE BRIEFS FILED BY
 BOTH PARTIES, THE AUTHORITY FINDS:  THE ACTIVITY FILED A PETITION FOR
 CLARIFICATION OF UNIT (CU) SEEKING TO EXCLUDE SEVEN POSITIONS FROM A
 BARGAINING UNIT REPRESENTED BY AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 2154 (AFGE) /1/ ON THE BASIS THAT THE
 INCUMBENTS OF THE POSITIONS ARE EITHER CONFIDENTIAL EMPLOYEES OR ARE
 ENGAGED IN PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY.  /2/
 CONVERSELY, AFGE CONTENDS THAT THE INCUMBENTS OF THE POSITIONS DO NOT
 ACT IN A CONFIDENTIAL CAPACITY TO THOSE WHO EFFECTUATE POLICIES RELATING
 TO LABOR-MANAGEMENT RELATIONS AND, FURTHER, THAT THEY PERFORM PERSONNEL
 WORK IN A PURELY CLERICAL CAPACITY.  THE AFGE FURTHER ARGUES THAT
 CERTAIN POSITIONS AT ISSUE HAVE BEEN INCLUDED IN THE UNIT SINCE IT WAS
 FIRST RECOGNIZED AND THAT THE INCUMBENTS OF THOSE POSITIONS HAVE BEEN ON
 DUES DEDUCTIONS OVER WHICH THE ACTIVITY HAS ADMINISTRATIVE AUTHORITY.
 
    IN DETERMINING APPROPRIATE UNITS FOR THE PURPOSE OF UNION
 REPRESENTATION, SECTION 7112(B) OF THE STATUTE PROVIDES, IN RELEVANT
 PART, AS FOLLOWS:
 
    (B) A UNIT SHALL NOT BE DETERMINED TO BE APPROPRIATE UNDER THIS
 SECTION . . . IF IT
 
    INCLUDES--
 
   .          .          .          .
 
 
    (2) A CONFIDENTIAL EMPLOYEE;  (OR)
 
    (3) AN EMPLOYEE ENGAGED IN PERSONNEL WORK IN OTHER THAN A PURELY
 CLERICAL CAPACITY . . .  SECTION 7103(A)(13) OF THE STATUTE FURTHER
 DEFINES A "CONFIDENTIAL EMPLOYEE" AS:
 
    . . . AN EMPLOYEE WHO ACTS IN A CONFIDENTIAL CAPACITY WITH RESPECT TO
 AN INDIVIDUAL WHO
 
    FORMULATES OR EFFECTUATES MANAGEMENT POLICIES IN THE FIELD OF
 LABOR-MANAGEMENT RELATIONS. . .
 
    THE POSITIONS WHICH THE ACTIVITY SEEKS TO EXCLUDE ARE LOCATED IN
 THREE OF THE BRANCHES COMPRISING THE ACTIVITY'S CIVILIAN PERSONNEL
 OFFICE (CPO):  RECRUITMENT AND PLACEMENT, TECHNICAL SERVICES, AND
 TRAINING AND DEVELOPMENT.  THE REMAINING BRANCHES OF THE CPO ARE
 MANAGEMENT EMPLOYEE RELATIONS AND POSITION AND PAY MANAGEMENT.  THE
 CIVILIAN PERSONNEL OFFICE, IN ADDITION TO PROVIDING SERVICES TO THE
 BARGAINING UNIT EMPLOYEES HEREIN REPRESENTED BY AFGE, ALSO PROVIDES SUCH
 SERVICES TO A NUMBER OF OTHER ORGANIZATIONAL COMPONENTS AT FORT SAM
 HOUSTON INCLUDING, BUT NOT LIMITED TO, EMPLOYEES IN BARGAINING UNITS
 REPRESENTED BY OTHER LABOR ORGANIZATIONS.
 
    WITH REGARD TO THE POSITIONS IN QUESTION, THE AUTHORITY MAKES THE
 FOLLOWING FINDINGS AND CONCLUSIONS:
 
    STAFFING CLERK (TYPING), GS-203-04, JOB NUMBER 8275 AND SECRETARY
 (TYPING), GS-318-04, JOB NUMBER 10112
 
    THESE TWO POSITIONS ARE LOCATED IN THE RECRUITMENT AND PLACEMENT
 BRANCH.  THE CHIEF OF THE BRANCH IS RESPONSIBLE FOR WRITING AND
 ENFORCING REGULATIONS REGARDING PLACEMENT AND PROMOTION POLICIES AND FOR
 DIRECTING A STAFF COMPRISED OF THE INCUMBENTS OF THE POSITIONS IN
 QUESTION IN ADDITION TO PERSONNEL STAFFING SPECIALISTS, STAFFING
 ASSISTANTS AND SEVERAL OTHER STAFFING CLERKS (TYPING) WHOSE STATUS IS
 NOT IN DISPUTE.  THE BRANCH CHIEF ALSO ATTENDS MEETINGS AT WHICH
 LABOR-MANAGEMENT RELATIONS MATTERS ARE DISCUSSED, AND PROVIDES INPUT TO
 THE CIVILIAN PERSONNEL OFFICER ON MATTERS AFFECTING THE BRANCH.
 
    THE RECORD INDICATES THAT THE INCUMBENT OF JOB NUMBER 8275 PROVIDES
 EMPLOYMENT INFORMATION TO INDIVIDUALS WHO EITHER PHONE THE BRANCH OR
 WALK IN SEEKING SUCH INFORMATION.  APPLYING A KNOWLEDGE OF PERSONNEL
 REGULATIONS, THE INCUMBENT MAY ASCERTAIN WHETHER THE APPLICANT POSSESSES
 BASIC ELIGIBILITY FOR VARIOUS POSITIONS AND MAY ASSIST THE APPLICANT IN
 FILLING OUT THE PERTINENT APPLICATION FORMS.  THE INCUMBENT THEN
 DETERMINES WHETHER TO PLACE THE APPLICATION IN AN APPLICANT SUPPLY
 SYSTEM OR REFER IT TO A STAFFING SPECIALIST.  THE INCUMBENT'S TYPING
 RESPONSIBILITIES APPEAR TO BE LIMITED TO ACCEPTANCE LISTS ALTHOUGH SHE
 HAS, IN THE PAST, TYPED CREDITING PLANS AND PROMOTION REFERRAL LISTS.
 THE INCUMBENT ALSO HAS ACCESS TO GRIEVANCE FILES.  THE RECORD ALSO
 REVEALS THAT, AT LEAST SINCE 1977, THE INCUMBENT HAS BEEN ON DUES
 DEDUCTIONS, ALTHOUGH SHE HAS NOT BEEN EMPLOYED IN THE RECRUITMENT AND
 PLACEMENT BRANCH CONTINUOUSLY SINCE THAT DATE.
 
    THE DUTIES OF THE INCUMBENT OF JOB NUMBER 10112, WHO SERVES AS THE
 SECRETARY TO THE BRANCH CHIEF, INCLUDE THE SCREENING OF IN-COMING CALLS
 AND CORRESPONDENCE;  REVIEW OF OUT-GOING CORRESPONDENCE TO ASSURE
 ACCURACY AND COMPLETENESS;  DISTRIBUTION OF MAIL TO EMPLOYEES OF THE
 BRANCH;  PROCESSING OF JOB ANNOUNCEMENTS, I.E., PLACING OPENING AND
 CLOSING DATES ON THE ANNOUNCEMENTS, TAKING THEM TO REPRODUCTION AND
 SUBSEQUENTLY DISTRIBUTING THEM;  TYPING FOR THE BRANCH CHIEF AND OTHER
 BRANCH EMPLOYEES ON AN AS-NEEDED BASIS AND COORDINATING OVERFLOWS OF
 TYPING;  AND FILLING IN FOR THE INCUMBENT OF JOB NUMBER 8275 IN THE
 LATTER'S ABSENCE.  THE RECORD INDICATES THAT THE INCUMBENT OF JOB NUMBER
 10112 HAS NOT TYPED MATTERS RELATING TO UNFAIR LABOR PRACTICES OR
 CONTRACT NEGOTIATIONS BUT HAS, ON ONE OCCASION, TYPED GRIEVANCE
 CORRESPONDENCE FOR THE BRANCH CHIEF.
 
    WEEKLY MEETINGS ARE HELD AMONG THE BRANCH STAFF, INCLUDING THE
 INCUMBENTS OF BOTH POSITIONS.  THE PARTIES ARE IN DISPUTE AS TO WHETHER
 MANAGEMENT POSITIONS ON MATTERS PERTAINING TO THE BRANCH ARE FORMULATED
 AT THESE MEETINGS OR WHETHER THE MEETINGS ARE LIMITED TO MATTERS OF
 GENERAL CONCERN TO BRANCH EMPLOYEES.
 
    BASED UPON THE FOREGOING RECORD, THE AUTHORITY FINDS THAT THE
 INCUMBENTS OF THESE POSITIONS ARE NEITHER CONFIDENTIAL EMPLOYEES NOR ARE
 THEY ENGAGED IN PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY.
  WITH REGARD TO THEIR ALLEGED CONFIDENTIAL STATUS, WHILE THE BRANCH
 CHIEF MAY BE CALLED UPON TO PROVIDE INPUT CONCERNING THE FORMULATION OF
 REGULATIONS RELATING TO PLACEMENT AND PROMOTION POLICIES, AND MAY ATTEND
 MEETINGS AT WHICH LABOR-MANAGEMENT MATTERS ARE DISCUSSED, THE EVIDENCE
 DOES NOT ESTABLISH EITHER THAT THE BRANCH CHIEF IS AN INDIVIDUAL WHO
 FORMULATES OR EFFECTUATES MANAGEMENT POLICIES IN THE FIELD OF
 LABOR-MANAGEMENT RELATIONS, OR, IN ANY EVENT, THAT THERE IS AN INTEGRAL
 RELATIONSHIP BETWEEN THE INCUMBENTS OF THE DISPUTED POSITIONS AND THE
 BRANCH CHIEF WHEN THE LATTER IS PERFORMING DUTIES IN THE FIELD OF
 LABOR-MANAGEMENT RELATIONS.  SIMILARLY, THE ACTIVITY'S APPARENT
 SUGGESTION THAT THE INCUMBENTS' ATTENDANCE AT WEEKLY MEETINGS WITHIN THE
 BRANCH DURING WHICH LABOR-MANAGEMENT MATTERS ARE ALLEGEDLY DISCUSSED IS
 EVIDENCE OF THEIR CONFIDENTIAL STATUS CANNOT BE SUSTAINED, AGAIN NOTING
 THE STATUTORY DEFINITION OF "CONFIDENTIAL EMPLOYEE," SET FORTH ABOVE,
 WHICH REQUIRES THAT AN EMPLOYEE BE ACTING IN A CONFIDENTIAL CAPACITY TO
 AN INDIVIDUAL WHO FORMULATES OR EFFECTUATES MANAGEMENT POLICIES IN THE
 FIELD OF LABOR-MANAGEMENT RELATIONS IN ORDER TO BE EXCLUDED FROM A UNIT
 ON THAT BASIS.  MOREOVER, WHILE THE INCUMBENTS OF THE POSITIONS IN
 QUESTION MAY HAVE ACCESS TO GRIEVANCE FILES OR MAY HAVE TYPED GRIEVANCE
 CORRESPONDENCE, NEITHER MERE ACCESS TO NOR TYPING OF OCCASIONAL
 LABOR-MANAGEMENT MATERIALS WARRANTS THE EXCLUSION OF EMPLOYEES FROM AN
 EXCLUSIVELY RECOGNIZED UNIT ON THE BASIS OF CONFIDENTIAL STATUS.  U.S.
 ARMY COMMUNICATIONS SYSTEMS AGENCY, FORT MONMOUTH, NEW JERSEY, 4 FLRA
 NO.  83 (1980) AND RED RIVER ARMY DEPOT, TEXARKANA, TEXAS, 2 FLRA NO. 82
 (1980).  WITH REGARD TO THE PERSONNEL DUTIES PERFORMED BY THE INCUMBENTS
 THE AUTHORITY FINDS, BASED ON THE RECORD, THAT THE CHARACTER AND EXTENT
 OF THE INCUMBENTS' INVOLVEMENT IN PERSONNEL WORK IS PURELY CLERICAL IN
 NATURE AND DOES NOT WARRANT EXCLUSION OF THE INDIVIDUALS FROM THE
 BARGAINING UNIT.  IN THIS REGARD, THEIR DUTIES ARE PERFORMED IN A
 ROUTINE MANNER IN ACCORDANCE WITH PRESCRIBED GUIDELINES AND REGULATIONS
 AND REQUIRE THE EXERCISE OF LITTLE IF ANY INDEPENDENT JUDGMENT OR
 DISCRETION.  ACCORDINGLY, THE AUTHORITY FINDS THAT THE INCUMBENTS OF THE
 FOLLOWING POSITIONS SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED
 UNIT:  STAFFING CLERK (TYPING), GS-203-04, JOB NUMBER 8275 AND SECRETARY
 (TYPING), GS-318-04, JOB NUMBER 10112.
 
    COMPUTER AID (DATA TRANSCRIBING), GS-335-04, JOB NUMBER 8959;
 PERSONNEL CLERK (TYPING), GS-203-04, JOB NUMBER 8958;  AND FILE CLERK,
 GS-305-03, JOB NUMBER 9517
 
    THE INCUMBENTS OF THESE THREE POSITIONS ARE ALL EMPLOYED IN THE
 TECHNICAL SERVICES BRANCH WHICH IS RESPONSIBLE FOR HANDLING EMPLOYEE
 BENEFITS AND PROCESSING PERSONNEL ACTIONS.  THERE ARE 13 EMPLOYEES IN
 THE BRANCH, INCLUDING TWO SUPERVISORY PERSONNEL MANAGEMENT SPECIALISTS;
 A PERSONNEL ASSISTANT;  A CLERK TYPIST;  A FILE CLERK;  TWO COMPUTER
 AIDS;  AND SIX PERSONNEL CLERKS, THE STATUS OF ONLY TWO OF WHICH ARE IN
 DISPUTE.
 
    THE TWO INCUMBENTS OF JOB NUMBER 8959, CLASSIFIED AS COMPUTER AID
 (DATA TRANSCRIBING), OPERATE OFF LINE PERIPHERAL EQUIPMENT BY WHICH
 CIVILIAN PERSONNEL DATA IS EXTRACTED FROM PERSONNEL FORMS, EXAMINED FOR
 COMPLETENESS, AND ENTERED INTO A COMPUTERIZED RETRIEVAL SYSTEM.  THE
 INFORMATION THAT IS ENTERED INTO THE COMPUTERIZED RETRIEVAL SYSTEM
 FOLLOWS A PRE-ESTABLISHED GUIDELINE.  FURTHER, ESTABLISHED REGULATIONS
 SPECIFY THE TYPE OF INFORMATION TO BE ENTERED INTO THE CIVILIAN
 PERSONNEL ACCOUNTING SYSTEM AND USED BY VARIOUS ARMY POSTS, AS WELL AS
 THE PROCEDURES FOR ENTERING THAT INFORMATION.  THE INFORMATION MAY BE
 SUBSEQUENTLY RETRIEVED UPON REQUEST BY LABOR RELATIONS SPECIALISTS,
 EQUAL EMPLOYMENT OPPORTUNITY SPECIALISTS, AND OTHERS EMPLOYED BOTH
 INSIDE AND OUTSIDE THE CIVILIAN PERSONNEL OFFICE.  OTHER PERSONNEL DATA,
 SUCH AS DUE DATES OF WITHIN-GRADE INCREASES AND PERFORMANCE EVALUATIONS,
 ARE AUTOMATICALLY FED OUT OF THE SYSTEM FOR FURTHER ACTION AND ARE
 RE-ENTERED OR SENT TO THE FILING ROOM ONCE DISPOSITIVE ACTION HAS BEEN
 TAKEN BY INDIVIDUALS OTHER THAN THE INCUMBENTS.  CERTAIN REQUESTS FOR
 INFORMATION, INCLUDING THOSE FROM UNIONS, MUST BE CLEARED BY THE BRANCH
 CHIEF BEFORE THE INCUMBENTS CAN ACT UPON THE REQUESTS.  THE INCUMBENTS
 ALSO COMPILE REPORTS FOR USE INSIDE AND OUTSIDE THE CPO.
 
    THE TWO INCUMBENTS OF JOB NUMBER 8958, CLASSIFIED AS PERSONNEL
 CLERKS, ARE INVOLVED WITH PROCESSING VARIOUS PERSONNEL ACTIONS FOR THOSE
 SEGMENTS OF THE ACTIVITY TO WHICH THEY HAVE BEEN ASSIGNED.  APPLYING A
 KNOWLEDGE OF VARIOUS PERSONNEL REGULATIONS, REGULATORY REQUIREMENTS,
 AND
 GUIDELINES, THEY MAINTAIN AND KEEP CURRENT THE MASTER ORGANIZATION,
 POSITION AND EMPLOYEE RECORD FILES, AND CODE THE PERSONNEL ACTIONS TAKEN
 FOR ENTRY INTO THE COMPUTERIZED DATA BASE;  THEY REVIEW OFFICIAL
 PERSONNEL FOLDERS IN ORDER TO COMPUTE SUCH MATTERS AS SERVICE
 COMPUTATION DATES AND DUE DATES FOR WITHIN-GRADE INCREASES AND
 PERFORMANCE APPRAISALS;  THEY PROVIDE INFORMATION AND ASSISTANCE TO
 EMPLOYEES REGARDING HEALTH BENEFITS, LIFE INSURANCE AND SAVINGS BONDS;
 AND THEY ASSIST IN PROCESSING NEW EMPLOYEES.
 
    THE INCUMBENT OF JOB NUMBER 9517, CLASSIFIED AS A FILE CLERK,
 MAINTAINS THE OFFICIAL PERSONNEL FOLDERS (OPF) FOR THE EMPLOYEES
 SERVICED BY THE CIVILIAN PERSONNEL OFFICE.  IN THIS CAPACITY, THE
 INCUMBENT SCHEDULES APPOINTMENTS FOR INDIVIDUALS REQUESTING ACCESS TO
 THE FOLDERS, REMAINS PRESENT WHEN THE FOLDER IS BEING REVIEWED, AND
 CONTROLS THE CHARGE OUT SYSTEM WHEN THE FOLDER IS REMOVED.  THE
 INCUMBENT SCREENS FOLDERS OF SEPARATED EMPLOYEES, ENSURING THAT
 PERTINENT MATERIAL IS RETAINED IN THE FOLDER WHILE OTHER MATERIAL IS
 DESTROYED, BEFORE FORWARDING THE FOLDER TO THE NATIONAL RECORDS CENTER
 OR OTHER APPROPRIATE INSTALLATION.  UPON RECEIPT OF THE OPF WITH A
 COMPLETED PERSONNEL ACTION, THE INCUMBENT SEPARATES CERTAIN DOCUMENTS
 AND MAKES THE APPROPRIATE DISTRIBUTION.  THE INCUMBENT ALSO RESPONDS TO
 REQUESTS FOR INFORMATION WHICH REQUIRES A KNOWLEDGE OF THE PRIVACY ACT
 IN ORDER TO DETERMINE WHAT TYPES OF INFORMATION CAN BE DISSEMINATED.
 
    THE AUTHORITY FINDS THAT THE INCUMBENTS OF THE POSITIONS CLASSIFIED
 AS COMPUTER AID (DATA TRANSCRIBING), GS-335-04, JOB NUMBER 8959;
 PERSONNEL CLERK (TYPING), GS-203-04, JOB NUMBER 8958;  AND FILE CLERK,
 GS-305-03, JOB NUMBER 9517 ARE NOT ENGAGED IN PERSONNEL WORK IN OTHER
 THAN A PURELY CLERICAL CAPACITY NOR DOES THE RECORD ESTABLISH THAT THE
 INCUMBENTS ARE CONFIDENTIAL EMPLOYEES WITHIN THE MEANING OF THE STATUTE.
  WITH REGARD TO THE INCUMBENTS' INVOLVEMENT IN PERSONNEL MATTERS, THE
 AUTHORITY CONCLUDES, BASED UPON THE RECORD, THAT THE CHARACTER AND
 EXTENT OF THAT INVOLVEMENT IS PURELY CLERICAL IN NATURE IN THAT THE
 INCUMBENTS PERFORM THEIR DUTIES IN A ROUTINE MANNER AND IN ACCORDANCE
 WITH REGULATIONS, REGULATORY REQUIREMENTS AND ESTABLISHED GUIDELINES.
 WITH REGARD TO THE INCUMBENTS' ALLEGED CONFIDENTIAL STATUS, THE RECORD
 DOES NOT CONTAIN ANY EVIDENCE TO SUPPORT A FINDING EITHER THAT THE
 BRANCH CHIEF FORMULATES OR EFFECTUATES MANAGEMENT POLICIES IN THE FIELD
 OF LABOR-MANAGEMENT RELATIONS OR THAT THE INCUMBENTS ACT IN A
 CONFIDENTIAL CAPACITY TO SUCH AN INDIVIDUAL.  ACCORDINGLY, THE AUTHORITY
 FINDS THAT THE INCUMBENTS OF THESE THREE POSITIONS SHOULD BE INCLUDED IN
 THE EXCLUSIVELY RECOGNIZED UNIT.
 
    EMPLOYEE DEVELOPMENT CLERK (TYPING), GS-203-04, JOB NUMBER 8947
 
    THE INCUMBENT OF THIS POSITION, WHICH IS LOCATED IN THE TRAINING AND
 DEVELOPMENT BRANCH, SERVES AS THE PRIMARY CLERICAL SUPPORT FOR THE
 BRANCH AND PERFORMS A VARIETY OF TASKS RELATING TO EMPLOYEE TRAINING.
 THAT IS, THE INCUMBENT MAINTAINS CATALOGUES OF AVAILABLE COURSES,
 ANSWERS INQUIRIES CONCERNING SUCH COURSES AND HOW EMPLOYEES CAN ENROLL
 IN THEM, AND RECEIVES TRAINING REQUESTS WHICH ARE CHECKED FOR
 COMPLETENESS IN ACCORDANCE WITH APPLICABLE REGULATIONS.  THE INCUMBENT
 HAS ACCESS TO THE FILES OF THOSE EMPLOYEES PARTICIPATING IN THE ARMY'S
 CAREER PROGRAM, THE VETERANS READJUSTMENT APPOINTMENT PROGRAM, AND THE
 UPWARD MOBILITY PROGRAM, IN ORDER TO ENSURE THAT THE PROGRAMS HAVE BEEN
 COMPLETED;  HOWEVER, THE INCUMBENT DOES NOT HAVE A KEY TO SUCH FILES.
 WITH REGARD TO THE REGULATIONS THAT GOVERN SUCH PROGRAMS, THE RECORD
 REVEALS THAT THE INCUMBENT PROVIDED COMMENTS TO A CHANGE IN ONE
 PARTICULAR REGULATION.  AS THE PRIMARY CLERICAL SUPPORT IN THE BRANCH,
 THE INCUMBENT WOULD BE EXPECTED TO TYPE LABOR RELATIONS MATTERS ARISING
 IN THE BRANCH.  HOWEVER, THE RECORD INDICATES THAT THE INCUMBENT HAS NOT
 TYPED MATTERS RELATING TO UNFAIR LABOR PRACTIC