Decision on Request for General Statement of Policy or Guidance




[ v07 p524 ]
07:0524(77)PS
The decision of the Authority follows:


 7 FLRA No. 77
 
                                            Case No. O-PS-21
 
          DECISION ON REQUEST FOR GENERAL STATEMENT OF POLICY OR
                                 GUIDANCE
 
    THE AUTHORITY RECEIVED A REQUEST FROM THE OFFICE OF PERSONNEL
 MANAGEMENT, THE AGENCY FOR INTERNATIONAL DEVELOPMENT, AND THE
 DEPARTMENTS OF DEFENSE, JUSTICE, AND ENERGY THAT THE AUTHORITY ISSUE A
 GENERAL STATEMENT OF POLICY OR GUIDANCE CONCERNING THE MEANING OF
 CERTAIN WORDS AND PHRASES WHICH APPEAR WITHIN SECTION 7103(A)(11) OF THE
 STATUTE, WHICH PROVIDES:
 
    SECTION 7103.  DEFINITIONS;  APPLICATION
 
    (A) FOR THE PURPOSE OF THIS CHAPTER--
 
   .          .          .          .
 
 
    (11) "MANAGEMENT OFFICIAL" MEANS 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(.)
 
    THE PARTIES SPECIFICALLY REQUESTED THAT THE AUTHORITY ISSUE GUIDANCE
 AS TO HOW THE AUTHORITY "VIEWS AND APPLIES THE WORDS 'INFLUENCE' AND
 'POLICIES' IN THE PHRASE 'INFLUENCE THE POLICIES OF THE AGENCY,' IN THE
 DEFINITION OF 'MANAGEMENT OFFICIAL' IN SECTION 7103(A)(11) OF THE
 STATUTE."
 
    IN DEPARTMENT OF THE NAVY, AUTOMATIC DATA PROCESSING SELECTION OFFICE
 AND AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1, AFL-CIO, 7
 FLRA NO. 24(1981) THE AUTHORITY, BASED UPON A DETAILED DISCUSSION OF THE
 INTENT OF THE STATUTE AS REFLECTED IN ITS LANGUAGE, LEGISLATIVE HISTORY,
 AND PURPOSES, INTERPRETED CRITICAL TERMS IN SECTION 7103(A)(11) AND THEN
 APPLIED THE DEFINITION OF MANAGEMENT OFFICIAL TO THE FACTS OF THE CASE.
 
    ACCORDINGLY, SINCE THE QUESTION PRESENTED HEREIN HAS BEEN RESOLVED BY
 OTHER MEANS, THE INSTANT REQUEST FOR A GENERAL STATEMENT OF POLICY OR
 GUIDANCE IS DENIED. /1/
 
    ISSUED, WASHINGTON, D.C., DECEMBER 31, 1981
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ WITH REGARD TO SUCH A REQUEST, SECTION 2427.5 OF THE AUTHORITY'S
 RULES AND REGULATIONS (5 CFR 2427.5) PROVIDES, IN PERTINENT PART:
 
    SECTION 2427.5 STANDARDS GOVERNING ISSUANCE OF GENERAL STATEMENTS OF
 POLICY AND GUIDANCE.
 
    IN DECIDING WHETHER TO ISSUE A GENERAL STATEMENT OF POLICY OR
 GUIDANCE, THE AUTHORITY SHALL CONSIDER:
 
    (A) WHETHER THE QUESTION PRESENTED CAN MORE APPROPRIATELY BE RESOLVED
 BY OTHER MEANS(.)