Food and Drug Administration, Region l (Activity) and American Federation of Government Employees, AFL-CIO, District 1 (Labor Organization/Petitioner)



[ v06 p229 ]
06:0229(38)CU
The decision of the Authority follows:


 6 FLRA No. 38
 
 FOOD AND DRUG ADMINISTRATION,
 REGION 1
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, DISTRICT 1
 Labor Organization/Petitioner
 
                                            Case No. 1-CU-23
 
         DECISION AND ORDER ON PETITION FOR CLARIFICATION OF UNIT
 
    UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
 UNDER SECTION 7111(B) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 STATUTE (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, THE AUTHORITY FINDS:  THE
 PETITIONER, THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO,
 DISTRICT 1 (AFGE), SEEKS TO CLARIFY AN EXISTING EXCLUSIVELY RECOGNIZED
 UNIT OF ALL NON-SUPERVISORY, NON-PROFESSIONAL AND PROFESSIONAL EMPLOYEES
 OF THE ACTIVITY, THE FOOD AND DRUG ADMINISTRATION, REGION 1 /1/ (FDA) TO
 DETERMINE WHETHER CERTAIN EMPLOYEES SHOULD BE INCLUDED IN THE UNIT.
 SPECIFICALLY, THE AFGE SEEKS A DETERMINATION THAT INCUMBENTS IN EIGHT
 SECRETARIAL POSITIONS ARE IN THE UNIT.  THE ACTIVITY CONTENDS THAT THE
 EMPLOYEES IN DISPUTE SHOULD BE EXCLUDED FROM THE UNIT AS CONFIDENTIAL
 EMPLOYEES.  AT ISSUE ARE THE SECRETARY (TYPING) TO THE ADMINISTRATIVE
 OFFICER OF THE BOSTON DISTRICT OFFICE, GS-318-05;  SECRETARY
 (STENOGRAPHER) TO THE DISTRICT SCIENCE DIRECTOR, GS-318-06;  SECRETARY
 (DICTATING MACHINE AND TRANSCRIBING-DMT) TO THE DISTRICT DIRECTOR,
 GS-318-06;  SECRETARY (TYPING) TO THE DISTRICT INVESTIGATIONS DIRECTOR,
 GS-318-06;  SECRETARY (DMT) TO THE ANALYTICAL DIRECTOR, WINCHESTER
 ENGINEERING AND ANALYTICAL CENTER (WEAC), GS-318-05;  SECRETARY (DMT) TO
 THE ENGINEERING DIRECTOR, WEAC, GS-318-05;  SECRETARY (TYPING) TO THE
 ADMINISTRATIVE OFFICER, WEAC, GS-318-04;  AND SECRETARY (STENOGRAPHER)
 TO THE WEAC CENTER DIRECTOR, GS-318-05.
 
    THE UNITED STATES FOOD AND DRUG ADMINISTRATION, BOSTON DISTRICT IS
 THE SOLE DISTRICT WITHIN REGION 1 OF THE FDA.  THE REGIONS ARE UNDER THE
 EXECUTIVE DIRECTOR OF REGIONAL OPERATIONS AND EACH REGION IS HEADED BY A
 REGIONAL DIRECTOR.  REGION 1 IS DIVIDED INTO TWO FUNCTIONAL UNITS, THE
 BOSTON DISTRICT OFFICE AND THE WINCHESTER ENGINEERING AND ANALYTICAL
 CENTER, EACH HEADED BY A DIRECTOR WHO IS UNDER THE AUTHORITY OF THE
 REGIONAL DIRECTOR.  THE BOSTON DISTRICT OFFICE, WHICH IS SUPERVISED BY
 THE DISTRICT DIRECTOR, IS THE BASIC OPERATING ARM OF THE FIELD FORCES
 AND IS COMPOSED OF FOUR BRANCHES:  AN INVESTIGATIVE BRANCH, A SCIENCE
 BRANCH, A COMPLIANCE BRANCH, AND AN ADMINISTRATIVE MANAGEMENT OFFICE.
 EACH OF THE THREE BRANCHES IS HEADED BY A DIRECTOR;  THE ADMINISTRATIVE
 MANAGEMENT OFFICE IS SUPERVISED BY AN ADMINISTRATIVE OFFICER.
 
    WEAC ACTS AS A NATIONAL RESOURCE FOR THE ENTIRE AGENCY.  THE
 ANALYTICAL CENTER OF WEAC ANALYZES VARIOUS TYPES OF PRESCRIPTION DRUGS
 INCLUDING RADIOACTIVE MATERIAL;  THE ENGINEERING PORTION OF THE FACILITY
 WORKS ON MEDICAL DEVICES AND RADIATION EMITTING INSTRUMENTS.  THE
 ADMINISTRATIVE MANAGEMENT OFFICE COMPLETES THE STRUCTURE OF WEAC.
 
    THE RECORD INDICATES THAT THE EMPLOYEES OF REGION 1 ARE ASSIGNED TO
 THREE SEPARATE LOCATIONS.  THE DISTRICT DIRECTOR WITH 167 EMPLOYEES, THE
 ADMINISTRATIVE OFFICER OF THE BOSTON DISTRICT OFFICE WITH 16 EMPLOYEES,
 AND THE SCIENCE DIRECTOR WITH 35 EMPLOYEES HAVE OFFICES AT ONE LOCATION
 WITHIN BOSTON.  IN A SEPARATE BOSTON LOCATION IS THE INVESTIGATIONS
 DIRECTOR WITH 87 EMPLOYEES.  FINALLY, THE CENTER DIRECTOR WITH 70
 EMPLOYEES, THE ADMINISTRATIVE OFFICER WITH 16 EMPLOYEES, THE ANALYTICAL
 DIRECTOR WITH 21 EMPLOYEES, AND THE ENGINEERING DIRECTOR WITH 30
 EMPLOYEES ARE LOCATED IN WINCHESTER.  AS DESCRIBED HEREIN, EACH OF THESE
 INDIVIDUALS HAS FUNCTIONAL INDEPENDENCE FROM THE OTHER.
 
    THE EIGHT EMPLOYEES AT ISSUE HEREIN ARE SECRETARIES TO VARIOUS
 OFFICIALS OF THE DISTRICT AND WEAC.  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 ISSUE PRESENTED IN EACH OF THE EIGHT
 INSTANCES HEREIN THUS IS WHETHER THE EMPLOYEE IN DISPUTE ACTS IN A
 CONFIDENTIAL CAPACITY TO AN INDIVIDUAL WHO FORMULATES OR EFFECTUATES
 MANAGEMENT POLICIES IN THE FIELD OF LABOR-MANAGEMENT RELATIONS, AND IF
 SO, WHETHER THE EMPLOYEE ACTS IN A CONFIDENTIAL CAPACITY TO SUCH
 INDIVIDUAL WHEN THE LATTER IS PERFORMING DUTIES IN THE FIELD OF
 LABOR-MANAGEMENT RELATIONS.  RED RIVER ARMY DEPOT, TEXARKANA, TEXAS, 2
 FLRA NO. 82(1980).
 
    SECRETARY (TYPING, GS-318-05.  HELENA DELORY HOLDS THE POSITION OF
 SECRETARY (TYPING), GS-318-05, IN THE ADMINISTRATIVE MANAGEMENT OFFICE
 WITHIN THE BOSTON DISTRICT OFFICE AND IS THE SECRETARY TO THE
 ADMINISTRATIVE OFFICER, MARY E. KELLY.  /2/ DELORY PERFORMS THE
 ADMINISTRATIVE AND SECRETARIAL DUTIES FOR THE ADMINISTRATIVE OFFICER.
 MARY E. KELLY IS RESPONSIBLE FOR THE SUPERVISION OF HER BRANCH AND IS
 THE FINAL SELECTING OFFICER WITHIN HER BRANCH CONCERNING PROMOTIONS AND
 ADVERSE ACTIONS AND SHE MAY ADJUST GRIEVANCES AS THE SECOND LEVEL
 OFFICIAL IN THE NEGOTIATED GRIEVANCE PROCEDURE.  MARY E. KELLY TESTIFIED
 THAT THE ADMINISTRATIVE MANAGEMENT OFFICE HAS SUBMITTED WRITTEN COMMENTS
 FOR UPCOMING CONTRACT NEGOTIATIONS AND KELLY HAS CONTRIBUTED WRITTEN
 COMMENTS FOR UNION-MANAGEMENT MEETINGS WHICH DELORY TYPED.  THE
 ADMINISTRATIVE OFFICER FURTHER TESTIFIED THAT WHEN SHE WAS WITHOUT AN
 ADMINISTRATIVE ASSISTANT FOR A YEAR, SHE RELIED HEAVILY ON THE
 RECOMMENDATIONS OF DELORY BECAUSE DELORY HAD A MANAGEMENT BACKGROUND.
 KELLY STATED THAT SHE WOULD CONSULT DELORY AND STILL DOES SO ON ISSUES
 PERTAINING TO PERSONNEL ACTIONS.  THE RECORD ALSO SHOWS THAT DELORY HAS
 ATTENDED ADMINISTRATIVE STAFF MEETINGS AND HAS SAT IN ON CERTAIN
 REGULARLY SCHEDULED MANAGEMENT TELEPHONE CONVERSATIONS WHEN BOTH KELLY
 AND HER ADMINISTRATIVE ASSISTANT WERE UNAVAILABLE.  KELLY ALSO KEEPS
 DELORY ADVISED AS TO THE ISSUES FROM SUCH MEETINGS.  ALL PERSONNEL
 ACTIONS OF THE BOSTON DISTRICT OFFICE ARE PROCESSED THROUGH THIS OFFICE
 AND DELORY HAS ACCESS TO LOCKED FILES WHICH CONTAIN THESE MATERIALS AND
 OTHER CONFIDENTIAL LABOR RELATIONS MATERIALS.  DELORY OPENS ALL MAIL
 INCLUDING THAT RELATING TO CONFIDENTIAL LABOR RELATIONS MATTERS.
 
    BASED UPON THE RECORD WHICH ESTABLISHES THAT MARY E. KELLY ADJUSTS
 GRIEVANCES, PROVIDES COMMENTS FOR CONTRACT NEGOTIATIONS AND
 UNION-MANAGEMENT MEETINGS, AND IS RESPONSIBLE FOR THE SUPERVISION OF THE
 ADMINISTRATIVE MANAGEMENT OFFICE, THE AUTHORITY CONCLUDES THAT MARY E.
 KELLY IS AN INDIVIDUAL WHO EFFECTUATES MANAGEMENT POLICY IN THE FIELD OF
 LABOR-MANAGEMENT RELATIONS.  THE RECORD FURTHER ESTABLISHES THAT AS
 SECRETARY TO KELLY, DELORY PERFORMS ALL OF THE TYPING FOR KELLY
 INCLUDING THAT RELATING TO THE CONFIDENTIAL LABOR RELATIONS MATTERS
 REFERRED TO ABOVE, ATTENDS STAFF MEETINGS, SITS IN OR REGULARLY
 SCHEDULED MANAGEMENT TELEPHONE CONVERSATIONS, AND MAINTAINS AND HAS
 ACCESS TO THE FILES WHICH CONTAIN CONFIDENTIAL LABOR RELATIONS
 MATERIALS.  BASED UPON THE FOREGOING, THE AUTHORITY FINDS THAT HELENA
 DELORY ACTS IN A CONFIDENTIAL CAPACITY TO KELLY WHEN SHE EFFECTUATES
 MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT RELATIONS.
 ACCORDINGLY, THE AUTHORITY SHALL EXCLUDE DELORY FROM THE CERTIFIED UNIT
 REPRESENTED BY AFGE AS A CONFIDENTIAL EMPLOYEE DEFINED BY SECTION
 7103(A)(13) OF THE STATUTE.
 
    SECRETARY (STENOGRAPHER), GS-318-06.  DIANE KELLY OCCUPIES THE
 POSITION OF SECRETARY (STENOGRAPHER), GS-318-06, AND IS THE SECRETARY TO
 THE SCIENCE DIRECTOR OF THE BOSTON DISTRICT OFFICE, LOUIS L. GERSHMAN.
 KELLY DOES ALL OF THE TYPING FOR THE ENTIRE LABORATORY.  THE DIRECTOR OF
 THE SCIENCE BRANCH ESTABLISHES WORKING CONDITIONS AND HAS OVERALL
 PERSONNEL ADMINISTRATIVE RESPONSIBILITIES FOR HIS BRANCH INCLUDING THE
 REVIEW OF EMPLOYEE PERSONNEL APPRAISALS AND THE AUTHORITY TO ADJUST
 FORMAL GRIEVANCES.  AS THE REGIONAL INCENTIVE AWARDS OFFICER HE REVIEWS
 ALL SUCH AWARDS WITHIN THE REGION.  GERSHMAN HAS ATTENDED
 LABOR-MANAGEMENT MEETINGS IN THE PAST FOUR YEARS.  GERSHMAN, AS A BRANCH
 CHIEF, HAS BEEN REQUESTED TO SUBMIT COMMENTS ON THE UPCOMING CONTRACT
 NEGOTIATIONS.  AS A RESULT OF THE LATTER ACTIVITIES, KELLY'S DUTIES
 INCLUDE HANDLING ALL CORRESPONDENCE AND TYPING FOR THE BRANCH AND
 MAINTAINING AND HAVING ACCESS TO FILES WHICH CONTAIN MATERIALS RELATING
 TO DISCIPLINARY ACTIONS, GRIEVANCES, AND EMPLOYEE APPRAISALS.
 
    AS NOTED, GERSHMAN IS RESPONSIBLE FOR THE OVERALL SUPERVISION OF THE
 SCIENCE BRANCH AND IS INVOLVED IN GRIEVANCES, PERSONNEL APPRAISALS AND
 THE REVIEW OF ALL REGION 1 INCENTIVE AWARDS.  IN ADDITION, HE ATTENDS
 LABOR-MANAGEMENT MEETINGS AND HAS BEEN REQUESTED TO SUBMIT COMMENTS FOR
 CONTRACT NEGOTIATIONS.  THE AUTHORITY THEREFORE CONCLUDES THAT GERSHMAN
 EFFECTUATES MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT
 RELATIONS.  THE RECORD SUBSTANTIATES FURTHER THAT AS SECRETARY TO
 GERSHMAN, KELLY TYPES AND HAS ACCESS TO CONFIDENTIAL LABOR RELATIONS
 MATERIALS.  BASED UPON THE FOREGOING, THE AUTHORITY FINDS THAT DIANE
 KELLY ACTS IN A CONFIDENTIAL CAPACITY TO GERSHMAN WITHIN THE MEANING OF
 SECTION 7103(A)(13) OF THE STATUTE AND SHOULD BE EXCLUDED FROM THE
 CERTIFIED UNIT.
 
    SECRETARY, (DMT), GS-318-06.  MARY CROSSEN HOLDS THE POSITION OF
 SECRETARY (DMT), GS-318-06, AND IS THE SECRETARY TO THE DISTRICT
 DIRECTOR OF THE BOSTON DISTRICT OFFICE, FREDRICK R. CARLSON.  CROSSEN IS
 ALSO THE BACKUP SECRETARY TO THE REGIONAL DIRECTOR.  SHE PERFORMS
 ADMINISTRATIVE AND SECRETARIAL DUTIES FOR THE DISTRICT DIRECTOR.  AS A
 RESULT SHE TYPES MEMORANDA TO HIS BRANCH CHIEFS SOLICITING IDEAS FOR THE
 UPCOMING CONTRACT NEGOTIATIONS WITH AFGE, AND OTHER CONFIDENTIAL LABOR
 RELATIONS MEMORANDA AND CORRESPONDENCE, SOME OF WHICH RELATE TO
 CARLSON'S ROLE AS THE CHIEF OF THE MANAGEMENT NEGOTIATING TEAM AND AS
 CHIEF LABOR RELATIONS REPRESENTATIVE FOR FDA, REGION 1.  CROSSEN ALSO
 TYPES THE MINUTES FROM LABOR-MANAGEMENT MEETINGS CARLSON ATTENDS AND SHE
 IS THE ONLY ONE OTHER THAN CARLSON WHO HAS ACCESS TO THE UNION FILE
 WHICH CONTAINS THE CONFIDENTIAL LABOR RELATIONS MATERIALS AS WELL AS THE
 GENERAL FILES.  CARLSON ULTIMATELY IS RESPONSIBLE FOR ESTABLISHING THE
 WORKING CONDITIONS AND THE OVERALL SUPERVISION OF THE BOSTON DISTRICT
 OFFICE AND HE IS THE DECIDING OFFICIAL IN THE NEGOTIATED GRIEVANCE
 PROCEDURE.  CONSEQUENTLY CROSSEN IS PRIVY TO MANAGEMENT'S POSITION
 BEFORE IT BECOMES FINAL SINCE SHE TYPES ANY RESPONSE OR CORRESPONDENCE
 THAT THE DISTRICT DIRECTOR WOULD ISSUE.  FURTHERMORE, CROSSEN OPENS ALL
 MAIL AND CORRESPONDENCE THAT COMES TO THE DISTRICT DIRECTOR GENERALLY.
 AS BACKUP SECRETARY TO THE REGIONAL DIRECTOR'S SECRETARY, CROSSEN
 OCCASIONALLY SITS IN ON STAFF MEETINGS AND TAKES NOTES.  SUCH STAFF
 NOTES ARE CONFIDENTIAL PRIOR TO THEIR PUBLICATION AND DISTRIBUTION TO
 ALL EMPLOYEES.
 
    BASED UPON CARLSON'S DUTIES AS THE CHIEF OF THE MANAGEMENT
 NEGOTIATING TEAM AND AS THE CHIEF LABOR RELATIONS REPRESENTATIVE FOR
 FDA, REGION 1, THE AUTHORITY CONCLUDES THAT CARLSON IS AN INDIVIDUAL WHO
 FORMULATES MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT RELATIONS.
  FURTHER, THE AUTHORITY ALSO CONCLUDES THAT CARLSON EFFECTUATES
 MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT RELATIONS DUE TO HIS
 RESPONSIBILITIES AS DISTRICT DIRECTOR WHICH INVOLVE THE SUPERVISION OF
 THE BOSTON DISTRICT OFFICE AND ADJUSTING GRIEVANCES.  BASED UPON
 CROSSEN'S DUTIES AS SECRETARY TO CARLSON WHICH INCLUDE TYPING
 CONFIDENTIAL LABOR RELATIONS MATERIALS SUCH AS MEMORANDA TO HIS BRANCH
 CHIEFS AND MAINTAINING THE FILES WHICH INCLUDE CONFIDENTIAL LABOR
 RELATIONS MATERIALS, THE AUTHORITY FINDS THAT MARY CROSSEN IS A
 CONFIDENTIAL EMPLOYEE TO CARLSON WHEN HE FORMULATES AND EFFECTUATES
 MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT RELATIONS.
 ACCORDINGLY, THE AUTHORITY SHALL EXCLUDE CROSSEN FROM THE CERTIFIED
 UNIT.
 
    SECRETARY (TYPING), GS-318-06.  PRISCILLA HARRIS HOLDS THE POSITION
 OF SECRETARY (TYPING), GS-318-06, AND IS SECRETARY TO THE DIRECTOR OF
 INVESTIGATIONS OF THE BOSTON DISTRICT OFFICE, EARL V. BURTON.  HARRIS
 DOES ALL OF THE TYPING FOR THE DIRECTOR.  THE DIRECTOR IS INVOLVED IN
 SUCH MATTERS AS RECOMMENDATIONS REGARDING PROMOTIONS, GRIEVANCES,
 EMPLOYEE APPRAISALS AND DISCIPLINARY ACTIONS, ALL OF WHICH DUTIES RESULT
 FROM HIS PRIMARY RESPONSIBILITY FOR THE SUPERVISION OF THE INVESTIGATIVE
 BRANCH.  BURTON TESTIFIED THAT HE HAS BEEN INVOLVED IN FROM FOUR TO SIX
 GRIEVANCES IN THE PAST SEVEN YEARS.  BURTON HAS BEEN REQUESTED TO SUBMIT
 COMMENTS FOR THE UPCOMING CONTRACT NEGOTIATIONS.
 
    BASED UPON BURTON'S RESPONSIBILITIES REGARDING PROMOTIONS, ON
 GRIEVANCES, EMPLOYEE APPRAISALS, DISCIPLINARY ACTIONS, AND THE OVERALL
 SUPERVISION OF THE INVESTIGATIVE BRANCH, AS WELL AS COMMENTING ON
 CONTRACT NEGOTIATIONS, THE AUTHORITY CONCLUDES THAT BURTON IS AN
 INDIVIDUAL WHO EFFECTUATES MANAGEMENT POLICY IN THE FIELD OF
 LABOR-MANAGEMENT RELATIONS.  AS NOTED, HARRIS TYPES CONFIDENTIAL LABOR
 RELATIONS MATERIALS, OPENS MAIL AND HAS ACCESS TO FILES WHICH CONTAIN
 CONFIDENTIAL LABOR RELATIONS MATERIALS.  BASED UPON THE FOREGOING, THE
 AUTHORITY FINDS THAT PRISCILLA HARRIS ACTS IN A CONFIDENTIAL CAPACITY TO
 BURTON WHEN HE EFFECTUATES MANAGEMENT POLICY IN THE FIELD OF
 LABOR-MANAGEMENT RELATIONS AND SHOULD BE EXCLUDED FROM THE CERTIFIED
 UNIT.
 
    SECRETARY (DMT), GS-318-05.  MARGARET COMEAU OCCUPIES THE POSITION OF
 SECRETARY (DMT), GS-318-05.  SHE IS THE SECRETARY TO THE DIRECTOR OF THE
 ANALYTICAL BRANCH OF WEAC, JAMES W. FITZGERALD.  COMEAU PERFORMS ALL OF
 THE ADMINISTRATIVE AND SECRETARIAL DUTIES, MOST OF WHICH INVOLVE TYPING,
 FOR THE DIRECTOR.  FITZGERALD'S DUTIES CONSIST PRIMARILY OF THE
 SUPERVISION OF THE ANALYTICAL BRANCH.  HE TESTIFIED THAT HE WAS WRITTEN
 COMMENTS ON FLEXTIME POLICY AND THE STRIKE CONTINGENCY PLAN, AND THAT HE
 HAS BEEN REQUESTED TO SUBMIT COMMENTS ON THE UPCOMING CONTRACT
 NEGOTIATIONS;  ALL OF THIS WORK HAS BEEN TYPED BY COMEAU.  HE ALSO HAS
 BEEN INVOLVED IN LABOR-MANAGEMENT MATTERS WITHIN HIS BRANCH SUCH AS
 GRIEVANCES, EMPLOYEE APPRAISALS, AND DISCIPLINARY ACTIONS.  AS SECRETARY
 TO THE DIRECTOR, COMEAU OPENS ALL MAIL AND MAINTAINS GENERAL FILES.  SHE
 HAS RECENTLY ATTENDED MEETINGS BETWEEN FITZGERALD AND HIS SUPERVISORS.
 
    BASED UPON THE RECORD WHICH DISCLOSES THAT FITZGERALD'S DUTIES
 CONSIST OF WRITING COMMENTS ON FLEXTIME POLICY AND THE STRIKE
 CONTINGENCY PLAN AND SUBMITTING COMMENTS ON THE UPCOMING CONTRACT
 NEGOTIATIONS, AS WELL AS BEING INVOLVED IN OTHER LABOR-MANAGEMENT
 MATTERS SUCH AS GRIEVANCES, EMPLOYEE APPRAISALS AND DISCIPLINARY
 ACTIONS, THE AUTHORITY CONCLUDES THAT FITZGERALD EFFECTUATES MANAGEMENT
 POLICY IN THE FIELD OF LABOR-MANAGEMENT RELATIONS.  AS SECRETARY TO
 FITZGERALD, COMEAU PERFORMS ALL OF HIS TYPING INCLUDING THE ABOVE
 CONFIDENTIAL LABOR RELATIONS MATTERS, OPENS ALL MAIL AND MAINTAINS
 GENERAL FILES WHICH CONTAIN CONFIDENTIAL LABOR RELATIONS MATERIALS AND
 ATTENDS STAFF MEETINGS.  BASED UPON THE FOREGOING, THE AUTHORITY FINDS
 THAT MARGARET COMEAU ACTS IN A CONFIDENTIAL CAPACITY TO AN INDIVIDUAL
 WHO EFFECTUATES MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT
 RELATIONS AND SHOULD BE EXCLUDED FROM THE EXCLUSIVE BARGAINING UNIT.
 
    SECRETARY (DMT), GS-318-05.  JANICE ROLLINS OCCUPIES THE POSITION OF
 SECRETARY (DMT), GS-318-05, AND IS SECRETARY TO THE DIRECTOR OF THE
 ENGINEERING BRANCH OF WEAC, BRUCE BURNETT.  SHE PERFORMS ADMINISTRATIVE
 AND SECRETARIAL DUTIES FOR THE DIRECTOR.  BURNETT IS RESPONSIBLE FOR THE
 SUPERVISION OF THE ENGINEERING BRANCH AND IS INVOLVED IN LABOR RELATIONS
 MATTERS WHICH INCLUDE DISCIPLINARY ACTIONS, GRIEVANCES, AND EMPLOYEE
 APPRAISALS.  CONSEQUENTLY ROLLINS HAS ON OCCASION TYPED MATERIALS
 CONCERNING DISCIPLINARY ACTIONS, GRIEVANCES, AND EMPLOYEE APPRAISALS.
 ROLLINS ALSO HAS TYPED BURNETT'S COMMENTS ON THE UPCOMING CONTRACT
 NEGOTIATIONS, A COPY OF WHICH IS MAINTAINED IN THE FILES TO WHICH SHE
 HAS ACCESS.
 
    BASED UPON THE DUTIES OF THE ENGINEERING DIRECTOR WHICH INVOLVE THE
 SUPERVISION OF THE ENGINEERING BRANCH AND OTHER LABOR RELATION MATTERS
 SUCH AS DISCIPLINARY ACTIONS, GRIEVANCES, EMPLOYEE APPRAISALS, AND
 COMMENTING ON CONTRACT NEGOTIATIONS, THE AUTHORITY CONCLUDES THAT
 BURNETT EFFECTUATES MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT
 RELATIONS.  IN HER WORK AS SECRETARY TO BURNETT, ROLLINS HAS TYPED
 CONFIDENTIAL LABOR RELATIONS MATERIALS SUCH AS THOSE ALLUDED TO ABOVE
 AND MAINTAINS AND HAS ACCESS TO FILES CONTAINING CONFIDENTIAL LABOR
 RELATIONS MATERIALS.  BASED UPON THE FOREGOING, THE AUTHORITY FINDS THAT
 JANICE ROLLINS IS A CONFIDENTIAL EMPLOYEE TO BURNETT WHEN HE EFFECTUATES
 MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT RELATIONS AND SHOULD
 BE EXCLUDED FROM THE EXCLUSIVE BARGAINING UNIT.
 
    SECRETARY (TYPING), GS-318-04.  SUSAN CAROLL HAS BEEN ON TEMPORARY
 ASSIGNMENT FOR LESS THAN A YEAR IN THE POSITION OF SECRETARY (TYPING),
 GS-318-04.  DURING THIS TIME, SHE IS THE SECRETARY TO THE ADMINISTRATIVE
 OFFICER OF THE ADMINISTRATIVE MANAGEMENT BRANCH OF WEAC, CLAIRE M.
 O'KEEFE, AND SHE PERFORMS MOST OF THE TYPING FOR THE ADMINISTRATIVE
 OFFICER.  O'KEEFE IS RESPONSIBLE FOR THE SUPERVISION OF HER BRANCH, AND
 THE PROCESSING OF ALL PERSONNEL ACTIONS SUCH AS INCENTIVE AWARDS
 RECOMMENDATIONS AND DISCIPLINARY ACTIONS WITHIN WEAC.  SHE TESTIFIED
 THAT ALL CONFIDENTIAL LABOR RELATIONS MATERIALS INCLUDING INDIVIDUAL
 EMPLOYEE PERSONNEL RECORDS ARE MAINTAINED IN LOCKED FILES AND CAROLL HAS
 ACCESS TO THEM.  ALSO, AS A MEMBER OF THE 1972 NEGOTIATING TEAM, O'KEEFE
 HAS MAINTAINED A UNION FILE WHICH HOLDS RECORDS OF THOSE NEGOTIATIONS
 AND CAROLL HAS ACCESS TO THIS FILE.  LIKE OTHER BRANCH CHIEFS, O'KEEFE
 HAS BEEN ASKED TO COMMENT ON THE UPCOMING CONTRACT NEGOTIATIONS AND
 CAROLL TYPED HER COMMENTS.  O'KEEFE FURTHER TESTIFIED THAT CAROLL TYPES
 OTHER CONFIDENTIAL LABOR RELATIONS MATERIALS CONCERNING PERSONNEL SUCH
 AS WEEKLY STAFFING REPORTS, QUARTERLY AFFIRMATIVE ACTION REPORTS,
 HANDICAP STATISTICS AND MINORITY STATISTICS WHICH GO DIRECTLY TO HIGHER
 MANAGEMENT, AND MATERIALS RELATING TO THE MERIT PROMOTION PLAN.  AS A
 RESULT CAROLL IS GENERALLY PRIVY TO MANAGEMENT'S POSITION PRIOR TO ITS
 ANNOUNCEMENT.  O'KEEFE ALSO TESTIFIED THAT CAROLL DOES SOME OF THE
 CONFIDENTIAL LABOR RELATIONS MATERIALS.
 
    THE EVIDENCE ESTABLISHES THAT O'KEEFE'S DUTIES AS THE ADMINISTRATIVE
 OFFICER OF WEAC INCLUDE SUPERVISING THE ADMINISTRATIVE MANAGEMENT OFFICE
 AND PROCESSING ALL PERSONNEL ACTIONS WITHIN WEAC.  SHE HAS BEEN A MEMBER
 OF THE MANAGEMENT NEGOTIATION TEAM AND HAS BEEN ASKED TO COMMENT ON
 CONTRACT NEGOTIATIONS.  BASED UPON THE FOREGOING, THE AUTHORITY
 CONCLUDES THAT CLAIRE M. O'KEEFE IS AN INDIVIDUAL WHO EFFECTUATES
 MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT RELATIONS.  THE
 AUTHORITY FINDS THAT CAROLL ACTS IN A CONFIDENTIAL CAPACITY TO O'KEEFE
 WHEN SHE EFFECTUATES MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT
 RELATIONS IN THAT IN HER TEMPORARY POSITION SHE TYPES AND HAS ACCESS TO
 CONFIDENTIAL LABOR RELATIONS MATERIALS, PREPARES STATISTICAL REPORTS AND
 DOES RESEARCH INVOLVING PERSONNEL AND OTHER CONFIDENTIAL LABOR RELATIONS
 MATTERS FOR O'KEEFE.  THE AUTHORITY FINDS THEREFORE THAT SUSAN CAROLL
 SHOULD BE EXCLUDED FROM THE CERTIFIED UNIT WHILE SHE IS IN THE POSITION
 OF SECRETARY TO THE ADMINISTRATIVE OFFICER AS DESCRIBED ABOVE.
 
    SECRETARY (STENOGRAPHER), GS-318-05.  GAIL LEBLANC OCCUPIES THE
 POSITION OF SECRETARY (STENOGRAPHER), GS-318-05, AND IS THE SECRETARY TO
 THE CENTER DIRECTOR, PAUL C. BOLIN.  LEBLANC DOES ALL OF THE TYPING FOR
 THE CENTER DIRECTOR.  BOLIN IS RESPONSIBLE FOR THE THREE BRANCHES,
 ENGINEERING, ANALYTICAL AND ADMINISTRATIVE.  BOLIN ALSO IS THE DECIDING
 OFFICIAL IN THE FORMAL GRIEVANCE PROCEDURE WITHIN WEAC AS WELL AS THE
 REVIEWING OFFICIAL OF ALL PERFORMANCE APPRAISALS.  BOLIN TESTIFIED THAT
 HE HAS BEEN PRIVY TO LABOR-MANAGEMENT NEGOTIATIONS DURING THE PAST TWO
 YEARS.  BOLIN IS ALSO THE SPOKESMAN FOR WEAC TO THE LOCAL UNION
 REPRESENTATIVE.  LEBLANC'S DUTIES INCLUDE ATTENDING STAFF MEETINGS BOLIN
 HAS WITH HIS BRANCH CHIEFS WHICH MAY INVOLVE PERSONNEL OR OTHER
 CONFIDENTIAL LABOR RELATIONS MATTERS, AND SHE TAKES NOTES WHICH ARE NOT
 DISTRIBUTED TO THE UNION.  SHE OPENS ALL MAIL EXCEPT THAT WHICH REQUIRES
 SECURITY CLEARANCE AND SHE HAS ACCESS TO THE FILES WHICH CONTAIN
 CONFIDENTIAL LABOR RELATIONS MATERIALS.  LEBLANC IS PRIVY TO
 MANAGEMENT'S POSITION BEFORE IT IS ANNOUNCED AS WELL AS WEAC'S
 PRIORITIES SUCH AS RESTRICTIONS ON TRAVEL FUNDS AND AFFIRMATIVE ACTION
 PLANS.
 
    AS CENTER DIRECTOR OF WEAC, THE EVIDENCE SUBSTANTIATES THAT BOLIN'S
 DUTIES INVOLVE THE SUPERVISION OF WEAC, LABOR-MANAGEMENT NEGOTIATIONS
 FOR WEAC AND ACTING AS THE SPOKESMAN FOR WEAC TO THE LOCAL UNION
 REPRESENTATIVE.  BASED UPON THE FOREGOING, THE AUTHORITY CONCLUDES THAT
 BOLIN IS AN INDIVIDUAL WHO FORMULATES MANAGEMENT POLICY IN THE FIELD OF
 LABOR-MANAGEMENT RELATIONS.  FURTHER, DUE TO HIS INVOLVEMENT IN THE
 FORMAL GRIEVANCE PROCEDURE AND IN OTHER LABOR-MANAGEMENT MATTERS SUCH
 AS
 PERFORMANCE APPRAISALS, THE AUTHORITY ALSO CONCLUDES THAT BOLIN
 EFFECTUATES MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT
 RELATIONS.  AS SECRETARY TO BOLIN, LEBLANC PERFORMS ALL OF THE TYPING
 FOR BOLIN INCLUDING THAT RELATING TO CONFIDENTIAL LABOR RELATIONS
 MATTERS, ATTENDS AND TAKES NOTES AT STAFF MEETINGS WHICH MAY INVOLVE
 CONFIDENTIAL LABOR RELATIONS MATTERS, OPENS ALL MAIL EXCEPT THAT
 REQUIRING A SECURITY CLEARANCE, AND MAINTAINS FILES WHICH MAY CONTAIN
 CONFIDENTIAL LABOR RELATIONS MATERIALS.  BASED UPON THE FOREGOING, THE
 AUTHORITY FINDS THAT GAIL LEBLANC ACTS IN A CONFIDENTIAL CAPACITY TO
 BOLIN WHEN HE FORMULATES AND EFFECTUATES MANAGEMENT POLICY IN THE FIELD
 OF LABOR-MANAGEMENT RELATIONS AND SHOULD BE EXCLUDED FROM THE EXCLUSIVE
 BARGAINING UNIT.  ACCORDINGLY, THE INCUMBENTS IN THOSE POSITIONS UNDER
 CONTENTION HEREIN ARE "CONFIDENTIAL EMPLOYEES" WITHIN THE MEANING OF THE
 STATUTE AND THEREFORE SHOULD BE EXCLUDED FROM THE CERTIFIED UNIT.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED, FOR WHICH
 THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, DISTRICT 1, WAS
 CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE IN 1967, BE, AND IT HEREBY IS,
 CLARIFIED BY EXCLUDING FROM SAID UNIT AS CONFIDENTIAL EMPLOYEES THE
 INCUMBENTS IN THE POSITIONS OF SECRETARY (TYPING), GS-318-05, TO THE
 ADMINISTRATIVE OFFICER OF THE BOSTON DISTRICT OFFICE;  SECRETARY
 (STENOGRAPHER), GS-318-06, TO THE SCIENCE DIRECTOR OF THE BOSTON
 DISTRICT OFFICE;  SECRETARY (DMT), GS-318-06, TO THE DISTRICT DIRECTOR
 OF THE BOSTON DISTRICT OFFICE;  SECRETARY (TYPING), GS-318-06, TO THE
 DIRECTOR OF INVESTIGATIONS OF THE BOSTON DISTRICT OFFICE;  SECRETARY
 (DMT), GS-318-05, TO THE ANALYTICAL DIRECTOR OF THE WINCHESTER
 ENGINEERING AND ANALYTICAL CENTER;  SECRETARY (DMT), GS-318-05, TO THE
 ENGINEERING DIRECTOR OF THE WINCHESTER ENGINEERING AND ANALYTICAL
 CENTER;  SECRETARY (TYPING), GS-318-04, TO THE ADMINISTRATIVE OFFICER OF
 THE WINCHESTER ENGINEERING AND ANALYTICAL CENTER;  AND SECRETARY
 (STENOGRAPHER), GS-318-05, TO THE CENTER DIRECTOR OF THE WINCHESTER
 ENGINEERING AND ANALYTICAL CENTER.
 
    ISSUED, WASHINGTON, D.C., JULY 1, 1981
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ AFGE ORIGINALLY WAS RECOGNIZED AS THE EXCLUSIVE REPRESENTATIVE OF
 EMPLOYEES OF THE UNITED STATES FOOD AND DRUG ADMINISTRATION-- BOSTON
 DISTRICT, EXCLUDING MANAGEMENT OFFICIALS, SUPERVISORS, GUARDS, AND
 EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY
 CLERICAL CAPACITY AS DEFINED IN THE ORDER.  SUBSEQUENTLY, IT APPEARS
 THAT IS WAS REDESIGNATED AS THE BOSTON FIELD OFFICE, AND LATER, THE
 BOSTON REGIONAL FIELD OFFICE.  THE EMPLOYEES OF THE WINCHESTER
 ENGINEERING AND ANALYTICAL CENTER (WEAC) WERE ACCRETED TO THE REGIONAL
 FIELD OFFICE UNIT.  DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, FOOD