Department of the Navy, Automatic Data Processing Selection Office (Activity/Petitioner) and American Federation of Government Employees, Local 1, AFL-CIO (Labor Organization) 



[ v07 p172 ]
07:0172(24)CU
The decision of the Authority follows:


 7 FLRA No. 24
 
 DEPARTMENT OF THE NAVY,
 AUTOMATIC DATA PROCESSING
 SELECTION OFFICE
 Activity/Petitioner
 
 and
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 LOCAL 1, AFL-CIO
 Labor Organization
 
                                            Case No. 3-CU-49
 
         DECISION AND ORDER ON PETITION FOR CLARIFICATION OF UNIT
 
    AS A RESULT OF A PETITION DULY FILED UNDER SECTION 7111(B)(2) OF THE
 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, 5 U.S.C., SECTIONS
 7105-7135 (THE STATUTE), AND SECTION 2422.2(C) OF THE AUTHORITY'S RULES
 AND REGULATIONS (5 CFR 2422.2(C)(1981)), 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 BRIEFS FILED BY THE
 PARTIES, THE AUTHORITY FINDS:  ON FEBRUARY 14, 1979, THE AMERICAN
 FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1, AFL-CIO WAS CERTIFIED AS
 THE EXCLUSIVE BARGAINING REPRESENTATIVE OF A UNIT OF APPROXIMATELY 33
 EMPLOYEES COMPRISED OF "ALL GENERAL SCHEDULE AND WAGE GRADE EMPLOYEES
 OF
 THE AUTOMATIC DATA PROCESSING ;  SELECTION OFFICE, U.S. NAVY,
 WASHINGTON, D.C.," EXCLUDING "ALL SUPERVISORS, MANAGEMENT OFFICIALS,
 PROFESSIONAL EMPLOYEES AND EMPLOYEES ENGAGED IN PERSONNEL WORK IN OTHER
 THAN A PURELY CLERICAL CAPACITY."
 
    IN OCTOBER 1979, THE ACTIVITY DETERMINED THAT APPROXIMATELY 15
 POSITIONS IN THAT UNIT MET THE DEFINITION OF MANAGEMENT OFFICIAL FOR
 PURPOSES OF THE MERIT PAY PROVISIONS OF TITLE V OF THE CIVIL SERVICE
 REFORM ACT OF 1978, (5 U.S.C. 5401-5405).  SUBSEQUENTLY, THE ACTIVITY
 FILED THE INSTANT UNIT CLARIFICATION PETITION SEEKING TO EXCLUDE THOSE
 SAME POSITIONS FROM THE BARGAINING UNIT FOR PURPOSES OF THE STATUTE.
 
    SECTION 7103(A)(11) OF THE STATUTE DEFINES A MANAGEMENT OFFICIAL AS
 "AN INDIVIDUAL EMPLOYED BY AN AGENCY IN A POSITION THE DUTIES AND
 RESPONSIBILITIES OF WHICH REQUIRE OR AUTHORIZE THE INDIVIDUAL TO
 FORMULATE, DETERMINE, OR INFLUENCE THE POLICIES OF THE AGENCY(.)"
 SECTION 7112(B)(1) OF THE STATUTE MANDATES THAT SUCH MANAGEMENT
 OFFICIALS BE EXCLUDED FROM UNITS OF EXCLUSIVE RECOGNITION.  /1/ IN THE
 INSTANT CASE, THE AUTHORITY IS CALLED UPON FIRST TO INTERPRET AND THEN
 TO APPLY THE DEFINITION OF MANAGEMENT OFFICIAL TO THE POSITIONS IN
 DISPUTE.
 
    AN EXAMINATION OF THE LEGISLATIVE HISTORY OF THIS PROVISION FAILS TO
 REVEAL ANY SPECIFIC CONGRESSIONAL INTENT AS TO THE MEANING TO BE GIVEN
 THE WORDS AND PHRASES USED IN THE DEFINITION.  THE EARLIEST FORERUNNER
 OF THE DEFINITION OF MANAGEMENT OFFICIAL CONTAINED IN THE STATUTE
 APPEARS IN H.R. 13, INTRODUCED BY CONGRESSMAN CLAY ON JANUARY 4, 1977.
 THIS DEFINITION DESIGNATED AS A MANAGEMENT OFFICIAL AN INDIVIDUAL WHO
 "FORMULATES, DETERMINES, EFFECTIVELY INFLUENCES, OR EFFECTUATES POLICIES
 OF AN AGENCY, OR WHO, IN THE PERFORMANCE OF HIS DUTIES, HAS DISCRETION
 TO MODIFY THE ESTABLISHED POLICIES OF AN AGENCY." /2/ THE SCOPE OF THIS
 DEFINITION WAS NEVER MORE FULLY ELABORATED.
 
    ON SEPTEMBER 14, 1977, CONGRESSMEN CLAY AND FORD JOINED TOGETHER IN
 INTRODUCING H.R. 9094, WHICH CHANGED THE PROPOSED DEFINITION OF
 MANAGEMENT OFFICIAL BY STATING MANAGEMENT OFFICIAL "MEANS AN INDIVIDUAL
 WHO FORMULATES, DETERMINES, OR INFLUENCES, OR EFFECTUATES POLICIES OF AN
 AGENCY." /3/ THUS, THIS DEFINITION, ALSO INTRODUCED WITHOUT ANY
 ELABORATION, EXCLUDED FROM THE DESIGNATION OF MANAGEMENT OFFICIAL A
 CATEGORY OF INDIVIDUALS THAT HAD BEEN INCLUDED IN THE DEFINITION IN H.R.
 13, NAMELY THE INDIVIDUAL "WHO, IN THE PERFORMANCE OF HIS DUTIES, HAS
 DISCRETION TO MODIFY THE ESTABLISHED POLICIES OF AN AGENCY." MOREOVER,
 THE DEFINITION OMITTED "EFFECTIVELY" AS A MODIFIER OF "INFLUENCES." THIS
 OMISSION IS NOT EXPLAINED IN THE LEGISLATIVE HISTORY.  THE AUTHORITY
 DOES NOT IMPUTE SIGNIFICANCE TO THIS DELETION. IN THIS REGARD, THE
 AUTHORITY IS OF THE OPINION, BASED ON COMMON MEANINGS OF THE TERMS, THAT
 "TO INFLUENCE" IS SYNONYMOUS WITH "TO EFFECTIVELY INFLUENCE." SEE PAGE
 4, INFRA.
 
    THE NEXT VERSION OF THE FORERUNNER OF THE STATUTE'S DEFINITION OF
 MANAGEMENT OFFICIAL APPEARED IN THE HOUSE POST OFFICE AND CIVIL SERVICE
 COMMITTEE PRINT OF H.R. 11280 OF JULY 10, 1978, WHICH WAS USED FOR
 MARKUP.  AGAIN WITHOUT ELABORATION, THIS BILL AS REPORTED OUT OF
 COMMITTEE CHANGED THE DEFINITION OF MANAGEMENT OFFICIAL BY OMITTING FROM
 ITS APPLICATION THOSE WHO "EFFECTUATE" AGENCY POLICIES.  REMAINING AS
 MANAGEMENT OFFICIALS WERE THOSE "EMPLOYED BY AN AGENCY IN A POSITION THE
 DUTIES AND RESPONSIBILITIES OF WHICH REQUIRE OR AUTHORIZE SUCH
 INDIVIDUAL TO FORMULATE, DETERMINE, OR INFLUENCE THE POLICIES OF SUCH
 AGENCY." THIS DEFINITION, WITH INSIGNIFICANT CHANGES, BECAME THE
 DEFINITION USED IN THE STATUTE.  /4/
 
    WHILE THE LEGISLATIVE HISTORY DOES NOT REVEAL A PRECISE MEANING FOR
 EACH OF THE WORDS AND PHRASES USED IN THE DEFINITION, THE LEGISLATIVE
 INTENT IN EXCLUDING MANAGEMENT OFFICIALS FROM UNITS OF EXCLUSIVE
 RECOGNITION IS TO SOME EXTENT CLARIFIED.  THE COMMITTEE REPORT
 ACCOMPANYING H.R. 11280 STATED A MANAGEMENT OFFICIAL "IS GENERALLY A
 REPRESENTATIVE OF THE AGENCY IN THE COLLECTIVE BARGAINING RELATIONSHIP."
 /5/ THE AUTHORITY INTERPRETS THIS STATEMENT AS INDICATING A GENERAL
 CONGRESSIONAL INTENT THAT A MANAGEMENT OFFICIAL IS AN INDIVIDUAL WHO IS
 IDENTIFIED WITH MANAGEMENT AND WHO, BY VIRTUE OF HIS OR HER STATURE AND
 LEVEL OF RESPONSIBILITY WITHIN THE AGENCY, MUST HAVE THE INTERESTS OF
 AGENCY MANAGEMENT AS HIS OR HER PRIMARY CONCERN IN THE CONTEXT OF A
 COLLECTIVE BARGAINING RELATIONSHIP.  THE AUTHORITY DOES NOT ATTRIBUTE TO
 CONGRESS AS INTENT THAT ONLY THOSE INDIVIDUALS WHO ACTUALLY SERVE AS
 REPRESENTATIVES OF THE AGENCY IN DEALINGS WITH AN EXCLUSIVE BARGAINING
 REPRESENTATIVE ARE MANAGEMENT OFFICIALS.  SUCH AN UNDERSTANDING IS
 EVIDENCED BY CONGRESSMAN CLAY'S REMARKS, IN INTRODUCING H.R. 13, WHEN HE
 STATED THE BILL EXCLUDES MANAGERS WHEN THEIR PARTICIPATION IN A LABOR
 ORGANIZATION "WOULD RESULT IN AN APPARENT CONFLICT OF INTEREST." /6/
 
    BEARING IN MIND THE INTENT REFLECTED IN THE LEGISLATIVE HISTORY TO
 EXCLUDE FROM UNITS OF EXCLUSIVE RECOGNITION OFFICIALS WHO ARE IDENTIFIED
 WITH MANAGEMENT AND WHOSE INCLUSION WOULD RESULT IN AN APPARENT CONFLICT
 OF INTEREST, THE AUTHORITY IS OF THE OPINION THAT THE CRITICAL TERMS IN
 SECTION 7103(A)(11) HAVE THE FOLLOWING MEANINGS:  "FORMULATE" MEANS TO
 CREATE, TO ESTABLISH OR TO PRESCRIBE "DETERMINE" MEANS TO DECIDE UPON OR
 TO SETTLE UPON;  "INFLUENCE" MEANS TO BRING ABOUT OR TO OBTAIN A RESULT;
  AND "POLICIES" ARE GENERAL PRINCIPLES, PLANS OR COURSES OF ACTION.
 
    THESE CONCLUSIONS AS TO THE MEANINGS OF THE CRITICAL TERMS CONTAINED
 IN THE STATUTORY DEFINITION OF MANAGEMENT OFFICIAL RECOGNIZE THE
 PURPOSES REFLECTED IN THE BALANCE BETWEEN THE REQUIREMENT OF AN
 EFFECTIVE AND EFFICIENT GOVERNMENT /7/ AND THE RIGHTS AFFORDED TO
 EMPLOYEES UNDER THE STATUTE.  IN THE LATTER REGARD, THE STATUTE
 GUARANTEES THE RIGHT OF EMPLOYEES TO ORGANIZE, BARGAIN COLLECTIVELY, AND
 PARTICIPATE THROUGH LABOR ORGANIZATIONS OF THEIR OWN CHOOSING IN
 DECISIONS WHICH AFFECT THEM.  /8/ SECTION 7102 OF THE STATUTE /9/
 PROTECTS EMPLOYEES /10/ IN THE EXERCISE OF THE RIGHT TO FORM, JOIN, OR
 ASSIST ANY LABOR ORGANIZATION OR TO REFRAIN FROM SUCH ACTIVITY.
 
    THUS, WE CONCLUDE FOR THE REASONS SET FORTH ABOVE THAT THE DEFINITION
 OF MANAGEMENT OFFICIAL IN SECTION 7103(A)(11) OF THE STATUTE INCLUDES
 THOSE INDIVIDUALS WHO:  (1) CREATE, ESTABLISH OR PRESCRIBE GENERAL
 PRINCIPLES, PLANS OR COURSES OF ACTION FOR AN AGENCY;  (2) DECIDE UPON
 OR SETTLE UPON GENERAL PRINCIPLES, PLANS OR COURSES OF ACTION FOR AN
 AGENCY;  OR (3) BRING ABOUT OR OBTAIN A RESULT AS TO THE ADOPTION OF
 GENERAL PRINCIPLES, PLANS OR COURSES OF ACTION FOR AN AGENCY.  WE
 FURTHER CONCLUDE THAT THIS INTERPRETATION OF THE DEFINITION IS FULLY
 CONSISTENT WITH CONGRESSIONAL INTENT AS REFLECTED IN THE LEGISLATIVE
 HISTORY OF THE STATUTE AND THAT SUCH AN INTERPRETATION BEST EFFECTUATES
 THE PURPOSES OF THE STATUTE.
 
    THE AUTHORITY WILL NOW APPLY THE DEFINITION OF MANAGEMENT OFFICIAL TO
 THE FACTS OF THE INSTANT CASE.  THE ACTIVITY INVOLVED IS THE PROCUREMENT
 OFFICE FOR AUTOMATIC DATA PROCESSING EQUIPMENT AND SERVICES THROUGHOUT
 THE DEPARTMENT OF THE NAVY (INCLUDING THE MARINES).  THE ACTIVITY IS NOT
 INVOLVED IN DECIDING WHEN OR WHERE THE NAVY NEEDS SUCH EQUIPMENT, OR
 WHAT THE SPECIFICATIONS SHOULD BE FOR NECESSARY EQUIPMENT.  THOSE
 DECISIONS ARE INITIALLY MADE BY THE NAVAL INSTALLATION WHICH WILL
 PURCHASE AND USE THE EQUIPMENT, AND ARE APPROVED BY SUCH AUTHORITIES AS
 THE NAVAL DATA AUTOMATION COMMAND, THE SECRETARY OF THE NAVY, AND THE
 GENERAL SERVICES ADMINISTRATION.  IT IS ONLY AFTER SUCH APPROVAL THAT
 THE ACTIVITY GETS INVOLVED IN THE PROCUREMENT PROCESS.  THIS INVOLVEMENT
 IS IN THE AREA OF RECOMMENDING WHAT TYPE OF CONTRACT TO USE, FORMULATING
 IN A SOLICITATION DOCUMENT THE EQUIPMENT SPECIFICATIONS WHICH WILL GO TO
 INDUSTRY TO INDUCE BIDS, EVALUATING WHETHER THE BIDDERS WHO RESPOND TO
 THE SOLICITATION SATISFY THE EQUIPMENT SPECIFICATIONS, NEGOTIATING THE
 FINAL TERMS OF A CONTRACT WITH THE APPROVED BIDDER, AND ADMINISTERING
 ANY CONTRACT THAT IS ULTIMATELY AWARDED.
 
    THE ACTIVITY IS HEADED BY A DIRECTOR AND A DEPUTY DIRECTOR.  THE
 ORGANIZATION IS THEN BROKEN DOWN INTO FOUR DIVISIONS:  THE CONTRACTING
 DIVISION, THE SPECIAL ACQUISITIONS DIVISION, THE COMPETITIVE
 SOLICITATIONS DIVISION, AND THE CONTRACT SERVICES SOLICITATIONS
 DIVISION.  TWO OF THE DIVISIONS ARE HEADED BY GS-15 S, THE OTHER TWO BY
 GS-14S.  THE DIVISIONS WHICH ARE HEADED BY GS-15S ARE IN TURN
 SUBDIVIDED, WITH EACH SUBDIVISION HEADED BY A GS-14 SUPERVISOR WITH
 GS-14S AND GS-13S DIRECTLY UNDER HIM.
 
    THE ACTIVITY MAINTAINS THAT THE INCUMBENTS OF THE NONSUPERVISORY
 GS-14 AND GS-13 POSITIONS ARE MANAGEMENT OFFICIALS WITHIN THE MEANING OF
 THE STATUTE AND THUS MUST BE EXCLUDED FROM THE BARGAINING UNIT.  THE
 POSITIONS AT ISSUE FALL INTO TWO CATEGORIES:  CONTRACT
 NEGOTIATOR/SPECIALIST, GS-1102-13;  AND COMPUTER EQUIPMENT
 ANALYST/COMPUTER SPECIALIST, GS-334-13 AND GS-334-14.
 
    CONTRACT NEGOTIATOR/SPECIALIST, GS-1102-13
 
    THE FOUR POSITIONS IN THIS CATEGORY (INCLUDING TWO CURRENT VACANCIES)
 /11/ ARE INTENDED TO INVOLVE INCUMBENTS IN THE NONTECHNICAL ASPECTS OF
 PROCUREMENT AND ARE LOCATED EXCLUSIVELY IN THE TWO SUBDIVISIONS OR
 BRANCHES OF THE CONTRACTING DIVISION.  INCUMBENTS REPORT TO THEIR
 RESPECTIVE BRANCH SUPERVISOR, WHO IN TURN IS SUBORDINATE TO THE DIVISION
 HEAD. THE MAJORITY OF THEIR TIME IS SPENT WORKING WITH SOURCE SELECTION
 EVALUATION BOARDS WHICH ARE CREATED TO PROCESS EACH REQUEST TO PROCURE
 COMPUTERS OR COMPUTER SERVICES.  THESE BOARDS ARE USUALLY COMPRISED OF
 ONE CONTRACT NEGOTIATOR/SPECIALIST, ONE TO THREE COMPUTER EQUIPMENT
 ANALYST/COMPUTER SPECIALISTS, AND SEVERAL REPRESENTATIVES FROM THE NAVAL
 OR MARINE INSTALLATION FOR WHICH THE EQUIPMENT OR SERVICE IS BEING
 PROCURED.
 
    WITH INPUT FROM OTHER MEMBERS OF A BOARD, THE CONTRACT
 NEGOTIATOR/SPECIALIST TAKES PRIMARY RESPONSIBILITY FOR DRAFTING CERTAIN
 "CLEARANCES." THE FIRST, I.E., "TYPE OF CONTRACT CLEARANCE," PROPOSES
 THE TYPE OF CONTRACT THAT SHOULD BE MADE.  THIS HINGES ON THE AMOUNT OF
 MONEY THE INSTALLATION USING THE EQUIPMENT CAN ALLOCATE, AS WELL AS WHEN
 THE MONEY WILL BE AVAILABLE.  THE SECOND, I.E., "PRE-NEGOTIATION
 CLEARANCE," IS DRAFTED AFTER INDUSTRY RESPONDS TO THE SOLICITATION FOR
 BIDS.  THIS TYPE OF CLEARANCE IS DRAFTED TO OUTLINE THE POSITION OF EACH
 COMPANY THAT RESPONDS AS WELL AS THE ACTIVITY'S PROPOSED POSITION.  THE
 THIRD, I.E., "POST-NEGOTIATION CLEARANCE," IS DRAFTED AFTER NEGOTIATIONS
 ARE COMPLETED AND IT OUTLINES WHETHER THE ACTIVITY'S NEGOTIATING GOALS
 WERE MET AND, IF NOT, WHY NOT.
 
    AFTER PREPARATION BY THE CONTRACT NEGOTIATOR/SPECIALIST, EACH TYPE OF
 CLEARANCE IS SUBMITTED TO THE APPROPRIATE SUPERVISOR WHO IS ONE OF THE
 TWO BRANCH CHIEFS IN THE CONTRACTING DIVISION.  IT IS THEN FURTHER
 REVIEWED BY THE CLEARANCE REVIEW BOARD, WHICH CONSISTS OF THE ACTIVITY'S
 DEPUTY DIRECTOR, THE HEADS OF THE CONTRACTING DIVISION AND THE
 COMPETITIVE SOLICITATIONS DIVISION, AND THE CONTRACT
 NEGOTIATOR/SPECIALIST'S SUPERVISOR.  IT IS THEN SUBMITTED TO THE CHIEF
 OF NAVAL MATERIAL FOR FINAL APPROVAL.
 
    CONTRACT NEGOTIATOR/SPECIALISTS ALSO PARTICIPATE IN THE PREPARATION
 OF THE SOLICITATION DOCUMENT WHICH IS SENT TO INDUSTRY TO INDUCE BIDS.
 HERE, THOSE INDIVIDUALS ARE RESPONSIBLE FOR ENSURING THAT THE DOCUMENT
 CONTAINS THE NECESSARY CLAUSES AND GENERAL PROVISIONS.  THIS PORTION OF
 THE DOCUMENT IS THEN REVIEWED BY THE CONTRACT NEGOTIATOR/SPECIALIST'S
 SUPERVISOR, THE HEAD OF THE CONTRACTING DIVISION, AND THE ACTIVITY'S
 LEGAL STAFF.  IN TURN, THIS ASPECT OF THE SOLICITATION DOCUMENT IS AGAIN
 REVIEWED DURING THE SEPARATE APPROVAL PROCESS FOR THE DOCUMENT IN ITS
 ENTIRETY.  AFTER EACH MEMBER OF A SOURCE SELECTION EVALUATION BOARD
 SIGNS OFF ON THE DOCUMENT, A SOURCE SELECTION ADVISORY COUNCIL REVIEWS
 THE DOCUMENT FOR APPROVAL.  THE COUNCIL INCLUDES THE ACTIVITY'S
 DIRECTOR, DEPUTY, HEAD OF THE CONTRACTING DIVISION, AND THE APPROPRIATE
 CONTRACTING DIVISION BRANCH CHIEF, LEGAL COUNSEL, AND A REPRESENTATIVE
 FROM THE NAVAL DATA AUTOMATION COMMAND.
 
    CONTRACTS ARE NOT SIGNED BY CONTRACT NEGOTIATOR/SPECIALISTS.
 INSTEAD, THEY ARE USUALLY SIGNED BY A BRANCH CHIEF IN THE CONTRACTING
 DIVISION AFTER THE RESPECTIVE APPROVALS OF THE SOURCE SELECTION ADVISORY
 COUNCIL AND THE ASSISTANT SECRETARY OF THE NAVY OR FINANCIAL MANAGEMENT.
  HOWEVER, CONTRACT NEGOTIATOR/SPECIALISTS SPEND A SIGNIFICANT PORTION OF
 THEIR TIME ADMINISTRATING CONTRACTS THAT HAVE ALREADY BEEN AWARDED.
 THIS REQUIRES ISSUING DELIVERY ORDERS AND, FROM TIME TO TIME,
 SUPPLEMENTAL AGREEMENTS OR ADMINISTRATIVE MODIFICATIONS MUST BE
 NEGOTIATED.  IN SUCH CASES, THE CONTRACT NEGOTIATOR/SPECIALIST PREPARES
 THE NECESSARY PAPERWORK AFTER CONSULTING WITH THE APPROPRIATE
 CONTRACTING DIVISION BRANCH CHIEF, THE LEGAL STAFF, OR OTHER APPROPRIATE
 INDIVIDUALS;  HOWEVER, THE FINAL PRODUCT WILL GO OUT ONLY AFTER APPROVAL
 OF, AND UNDER THE SIGNATURE OF, THE BRANCH CHIEF.  THE CONTRACT
 NEGOTIATOR/SPECIALIST DOES HAVE LIMITED AUTHORITY TO COMMIT THE ACTIVITY
 TO SUCH TRANSACTIONS, BUT EVEN THIS MORE LIMITED AUTHORITY IS ONLY
 EXERCISED WHEN A GS-12 CONTRACT ADMINISTRATOR HAS DONE THE NECESSARY
 RESEARCH AND PAPERWORK.
 
    COMPUTER EQUIPMENT ANALYST/COMPUTER SPECIALIST, GS-334-13 AND
 GS-334-14
 
    THE APPROXIMATELY 11 POSITIONS IN THIS CATEGORY ARE INVOLVED IN THE
 TECHNICAL ASPECTS OF PROCUREMENT AND ARE LOCATED IN THE ACTIVITY'S
 REMAINING THREE DIVISIONS. MORE SPECIFICALLY, THE INCUMBENTS IN THE
 SPECIAL ACQUISITIONS DIVISION ARE INVOLVED IN THE PROCUREMENT OF
 COMPUTER EQUIPMENT WHEN AN INSTALLATION HAS SPECIFIED A PARTICULAR BRAND
 NAME OF COMPUTER;  THEY REPORT TO A GS-14 DIVISION HEAD. THE INCUMBENTS
 IN THE COMPETITIVE SOLICITATIONS DIVISION ARE INVOLVED IN THE
 PROCUREMENT OF COMPUTER EQUIPMENT WHEN AN INSTALLATION HAS SET FORTH
 ONLY TECHNICAL SPECIFICATIONS WHICH THE PROCURED EQUIPMENT MUST MEET;
 THEY REPORT TO ONE OF TWO GS-14 SUPERVISORS, WHO IN TURN REPORT TO THE
 GS-15 DIVISION HEAD.  THE INCUMBENTS IN THE CONTRACT SERVICES
 SOLICITATIONS DIVISION ARE INVOLVED IN THE PROCUREMENT OF COMPUTER
 EQUIPMENT SERVICES;  THEY REPORT TO A GS-14 DIVISION HEAD.
 
    COMPUTER EQUIPMENT ANALYST/COMPUTER SPECIALISTS SPEND NEARLY ALL OF
 THEIR TIME WORKING AS A PART OF THE VARIOUS SOURCE SELECTION EVALUATION
 BOARDS.  IN THIS CONNECTION, THEY ARE PRIMARILY RESPONSIBLE FOR
 DEVELOPING THE TECHNICAL SPECIFICATIONS THAT ARE CONTAINED IN THE
 SOLICITATION DOCUMENT;  EVALUATING THE BIDS RECEIVED TO SEE THAT THEY
 MEET THOSE TECHNICAL SPECIFICATIONS BY, IN PART, DEVELOPING PROGRAMS OR
 "BENCHMARKS" TO TEST THE VARIOUS EQUIPMENT;  AND, FINALLY, FORMULATING
 THE TECHNICAL LANGUAGE THAT IS CONTAINED IN THE PROCUREMENT CONTRACT.
 BEFORE A SOLICITATION DOCUMENT IS ADVERTISED AND BEFORE A CONTRACT IS
 AWARDED, THE CONTENTS ARE REVIEWED BY THE SOURCE SELECTION ADVISORY
 COUNCIL.  THE REPORT BY A SOURCE SELECTION EVALUATION BOARD IS MADE TO
 THE SOURCE SELECTION ADVISORY COUNCIL IMMEDIATELY PRIOR TO THE CONTRACT
 AWARD AND MERELY DETAILS HOW THE VARIOUS BIDDERS ADDRESSED THE TECHNICAL
 REQUIREMENTS FOR THE EQUIPMENT AND LISTS THE BID PRICES.  THIS REPORT
 CONTAINS NO RECOMMENDATION FOR PURCHASE.
 
    AS MENTIONED EARLIER, ONE TO THREE INDIVIDUALS IN THESE POSITIONS MAY
 BE ASSIGNED TO ONE OF THE NUMEROUS SOURCE SELECTION EVALUATION BOARDS.
 THE GS-14S IN THESE POSITIONS ARE USUALLY ASSIGNED TO THE MORE COMPLEX
 PROJECTS.  ONE OF THESE INDIVIDUALS ON A BOARD WILL BE ASSIGNED TO ACT
 AS CHAIRMAN.  THE PERSON PERFORMING THIS FUNCTION CARRIES NO MORE
 AUTHORITY THAN THE OTHER MEMBERS, ALTHOUGH HE ACTS AS A COORDINATOR FOR
 THE BOARD'S WORK;  IN THIS REGARD, IT SHOULD BE NOTED THAT COMPUTER
 EQUIPMENT ANALYST/COMPUTER SPECIALIST INCUMBENTS AT THE GS-334-12 LEVEL
 ALSO HAVE SERVED AS A CHAIRMAN.
 
    THE ABOVE FACTS, WHEN CONSIDERED IN THE LIGHT OF THE AUTHORITY'S
 EARLIER DISCUSSION OF THE DEFINITION OF MANAGEMENT OFFICIAL, MAKE IT
 CLEAR THAT NEITHER CONTRACT NEGOTIATOR/SPECIALISTS, GS-1102-13, NOR
 COMPUTER EQUIPMENT ANALYST/COMPUTER SPECIALISTS, GS-334-13 AND
 GS-334-14, IN ANY WAY FORMULATE, DETERMINE, OR INFLUENCE, ACCORDING TO
 THE MEANING GIVEN THOSE TERMS BY THE AUTHORITY, THE POLICIES OF THE
 AGENCY AND THUS CANNOT BE DEEMED MANAGEMENT OFFICIALS WITHIN THE MEANING
 OF SECTION 7103(A)(11) OF THE STATUTE.  IN THIS REGARD, THE CONTRACT
 NEGOTIATOR/SPECIALISTS DRAFT "CLEARANCES" AND NONTECHNICAL LANGUAGE FOR
 THE SOLICITATION DOCUMENT, AND SIGN FOR CERTAIN DELIVERY ORDERS AND
 CONTRACT MODIFICATIONS.  THE COMPUTER EQUIPMENT ANALYST/COMPUTER
 SPECIALISTS PREPARE THE TECHNICAL LANGUAGE FOR BOTH THE SOLICITATION
 DOCUMENT AND THE PROCUREMENT CONTRACT, AND ANALYZE WHETHER THE VARIOUS
 BIDDERS HAVE MET THE TECHNICAL REQUIREMENTS FOR THE EQUIPMENT OR
 SERVICES BEING PROCURED.  THE WORK GENERATED BY THE INCUMBENTS IN BOTH
 POSITIONS IS BUT AN INITIAL STEP IN THE PROCUREMENT PROCESS AND IS
 SUBJECT TO EXTENSIVE HIGHER LEVEL REVIEW.  EVEN IF THEIR WORK WERE
 UNIFORMLY ADOPTED AS ORIGINALLY PROPOSED, IT IS NOT THE KIND OF WORK
 WHICH CREATES, SETTLES, OR BRINGS ABOUT THE AGENCY'S GENERAL PRINCIPLES,
 PLANS OR COURSES OF ACTION WHICH, IN THE CIRCUMSTANCES OF THIS CASE,
 WOULD INCLUDE DECIDING WHETHER TO PROCURE COMPUTER EQUIPMENT/SERVICES
 FOR DECIDING WHAT SHOULD BE THE SPECIFICATIONS OF THE PROCURED
 EQUIPMENT/SERVICES.  INSTEAD, THE INCUMBENTS OF BOTH POSITIONS ARE
 VALUABLE EXPERTS OR PROFESSIONALS WHOSE ACTIONS ASSIST IN IMPLEMENTING,
 AS OPPOSED TO SHAPING, THE POLICIES ESTABLISHED IN CONNECTION WITH EACH
 PROCUREMENT.  /12/ FURTHERMORE, IN THEIR ROLE OF ASSISTING IN THE
 IMPLEMENTATION OF POLICY, THEY DO NOT FUNCTION IN THE INTEREST OF
 MANAGEMENT IN A WAY WHICH IS AT ODDS WITH THEIR BEING REPRESENTED BY AN
 EXCLUSIVE BARGAINING REPRESENTATIVE.  ACCORDINGLY THE INCUMBENTS OF
 THESE POSITIONS SHOULD REMAIN IN THE CERTIFIED UNIT.  /13/
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE PETITION FOR CLARIFICATION OF THE UNIT
 FOR WHICH THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1,
 AFL-CIO WAS CERTIFIED ON FEBRUARY 14, 1979 AT THE AUTOMATIC DATA
 PROCESSING SELECTION OFFICE, U.S. NAVY, WASHINGTON, D.C., BE, AND IT
 HEREBY IS, DISMISSED.
 
    ISSUED, WASHINGTON, D.C., OCTOBER 30, 1981
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ SECTION 7112(B)(1) OF THE STATUTE PROVIDES:
 
    SEC. 7112.  DETERMINATION OF APPROPRIATE UNITS FOR LABOR ORGANIZATION
 REPRESENTATION
 
   .          .          .          .
 
 
    (B) A UNIT SHALL NOT BE DETERMINED TO BE APPROPRIATE UNDER THIS
 SECTION SOLELY ON THE BASIS
 
    OF THE EXTENT TO WHICH EMPLOYEES IN THE PROPOSED UNIT HAVE ORGANIZED,
 NOR SHALL A UNIT BE
 
    DETERMINED TO BE APPROPRIATE IF IT INCLUDES--
 
    (1) EXCEPT AS PROVIDED UNDER SECTION 7135(A)(2) OF THIS TITLE, ANY
 MANAGEMENT OFFICIAL OR
 
    SUPERVISOR(.)
 
    /2/ H.R. 13, 95TH CONG.,1ST SESS. SEC. 7103(A)(10)(1977).
 
    /3/ H.R. 9094, 95TH CONG.,1ST SESS. SEC. 7103(A)(13)(1977).
 
    /4/ IN ADOPTING THE DEFINITION OF MANAGEMENT OFFICIAL ADVANCED BY THE
 HOUSE, THE HOUSE-SENATE CONFERENCE COMMITTEE ON THE CIVIL SERVICE REFORM
 ACT OF 1978 REJECTED THE DEFINITION ADVANCED BY THE SENATE IN S. 2640.
 THE S. 2640 DEFINITION STATED THAT "MANAGEMENT OFFICIAL' MEANS AN
 EMPLOYEE HAVING AUTHORITY TO MAKE, OR TO INFLUENCE EFFECTIVELY THE
 MAKING OF, POLICY WITH RESPECT TO PERSONNEL PROCEDURES OR PROGRAMS WHICH
 IS NECESSARY TO AN AGENCY OR AN ACTIVITY." THIS DEFINITION WAS INTENDED
 TO CODIFY DECISIONS OF THE ASSISTANT SECRETARY OF LABOR FOR
 LABOR-MANAGEMENT RELATIONS DEFINING "MANAGEMENT OFFICIAL" UNDER E.O.
 11491, AS AMENDED.  S. REP.  NO. 95-969, 95TH CONG.,2D SESS. 98(1978).
 THE AUTHORITY NOTES, BY WAY OF CONTRAST WITH THE ADOPTED DEFINITION, THE
 SENATE DEFINITION INCLUDED REFERENCE TO "POLICY WITH RESPECT TO
 PERSONNEL PROCEDURES OR PROGRAMS," WHEREAS THE ADOPTED DEFINITION
 REFERS
 TO "POLICIES OF THE AGENCY." THUS, THE ADOPTED DEFINITION REFERS TO A
 BROADER RANGE OF POLICIES WITH RESPECT TO WHICH A MANAGEMENT OFFICIAL
 MAY ACT THAN DID THE DEFINITION REJECTED IN S. 2640.
 
    /5/ H.R. REP. NO. 95-1403, 95TH CONG.,2D SESS. 40(1978).  THIS
 STATEMENT APPLIED AS WELL TO SUPERVISORS WHO ARE SEPARATELY DEFINED IN
 SECTION 7103(A)(10) AND SEPARATELY EXCLUDED BY SECTION 7112(B)(1).  THE
 AUTHORITY NOTES IN THIS CONNECTION THAT THE DEFINITIONS OF SUPERVISOR
 AND MANAGEMENT OFFICIAL ARE NOT MUTUALLY EXCLUSIVE.  THUS THE SAME
 INDIVIDUAL MAY BE EXCLUDED BY APPLICATION OF EITHER OR BOTH DEFINITIONS.
 
    /6/ 123 CONG.REC.E 334 (DAILY ED. JAN. 26, 1977).  FURTHER, IN THIS
 REGARD, SECTION 7120(E) OF THE STATUTE SPECIFICALLY RECOGNIZES THE
 CONFLICT OF INTEREST PROBLEM AS A BASIS FOR EXCLUDING A MANAGEMENT
 OFFICIAL FROM PARTICIPATING IN THE MANAGEMENT OF A LABOR ORGANIZATION OR
 ACTING AS A REPRESENTATIVE OF A LABOR ORGANIZATION.
 
    /7/ SECTION 7101(B) OF THE STATUTE PROVIDES:
 
    SEC. 7101.  FINDINGS AND PURPOSE
 
   .          .          .          .
 
 
    (B) IT IS THE PURPOSE OF THIS CHAPTER TO PRESCRIBE CERTAIN RIGHTS AND
 OBLIGATIONS OF THE
 
    FEDERAL GOVERNMENT AND TO ESTABLISH PROCEDURES WHICH ARE DESIGNED TO
 MEET THE SPECIAL
 
    REQUIREMENTS AND NEEDS OF THE GOVERNMENT.  THE PROVISIONS OF THIS
 CHAPTER SHOULD BE
 
    INTERPRETED IN A MANNER CONSISTENT WITH THE REQUIREMENT OF AN
 EFFECTIVE AND EFFICIENT
 
    GOVERNMENT.
 
    /8/ SECTION 7101(A) OF THE STATUTE PROVIDES:
 
    SEC. 7101.  FINDINGS AND PURPOSE
 
    (A) THE CONGRESS FINDS THAT--
 
    (1) EXPERIENCE IN BOTH PRIVATE AND PUBLIC EMPLOYMENT INDICATES THAT
 THE STATUTORY
 
    PROTECTION OF THE RIGHT OF EMPLOYEES TO ORGANIZE, BARGAIN
 COLLECTIVELY, AND PARTICIPATE
 
    THROUGH LABOR ORGANIZATIONS OF THEIR OWN CHOOSING IN DECISIONS WHICH
 AFFECT THEM--
 
    (A) SAFEGUARDS THE PUBLIC INTEREST,
 
    (B) CONTRIBUTES TO THE EFFECTIVE CONDUCT OF PUBLIC BUSINESS, AND
 
    (C) FACILITATES AND ENCOURAGES THE AMICABLE SETTLEMENTS OF DISPUTES
 BETWEEN EMPLOYEES AND
 
    THEIR EMPLOYERS INVOLVING CONDITIONS OF EMPLOYMENT;  AND
 
    (2) THE PUBLIC INTEREST DEMANDS THE HIGHEST STANDARDS OF EMPLOYEE
 PERFORMANCE AND THE
 
    CONTINUED DEVELOPMENT AND IMPLEMENTATION OF MODERN AND PROGRESSIVE
 WORK PRACTICES TO
 
    FACILITATE AND IMPROVE EMPLOYEE PERFORMANCE AND THE EFFICIENT
 ACCOMPLISHMENT OF THE OPERATIONS
 
    OF THE GOVERNMENT.
 
    THEREFORE, LABOR ORGANIZATIONS AND COLLECTIVE BARGAINING IN THE CIVIL
 SERVICE ARE IN THE PUBLIC INTEREST.
 
    /9/ SECTION 7102 OF THE STATUTE PROVIDES:
 
    SEC. 7102.  EMPLOYEES' RIGHTS
 
    EACH EMPLOYEE SHALL HAVE THE RIGHT TO FORM, JOIN, OR ASSIST ANY LABOR
 ORGANIZATION, OR TO REFRAIN FROM ANY SUCH ACTIVITY, FREELY AND WITHOUT
 FEAR OF PENALTY OR REPRISAL, AND EACH EMPLOYEE SHALL BE PROTECTED IN THE
 EXERCISE OF SUCH RIGHT.  EXCEPT AS OTHERWISE PROVIDED UNDER THIS
 CHAPTER, SUCH RIGHT INCLUDES THE RIGHT--
 
    (1) TO ACT FOR A LABOR ORGANIZATION IN THE CAPACITY OF A
 REPRESENTATIVE AND THE RIGHT, IN
 
    THAT CAPAC