General Services Administration, National Archives and Records Service, Washington, DC (Activity) and American Federation of Government Employees, Local 2578, AFL-CIO (Petitioner)

 8 FLRA No. 73
 
 GENERAL SERVICES ADMINISTRATION
 NATIONAL ARCHIVES AND RECORDS SERVICE,
 WASHINGTON, D.C.
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 2578, AFL-CIO
 Petitioner
 
                                            Case No. 3-CU-30
 
                    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 (THE STATUTE), A HEARING WAS HELD BEFORE A HEARING
 OFFICER OF THE AUTHORITY.  THE HEARING OFFICER'S RULINGS MADE AT THE
 HEARING ARE FREE FROM PREJUDICIAL ERROR AND ARE HEREBY AFFIRMED.
 
    UPON THE ENTIRE RECORD IN THIS CASE, INCLUDING THE BRIEFS FILED BY
 BOTH PARTIES, THE AUTHORITY FINDS:  /1/
 
    THE ACTIVITY AND THE PETITIONER ARE IN DISPUTE OVER THE BARGAINING
 UNIT STATUS OF 13 MANAGEMENT ANALYST POSITIONS IN THE GS-343 SERIES THAT
 ARE LOCATED IN THE ACTIVITY'S OFFICE OF RECORDS AND INFORMATION
 MANAGEMENT.  /2/ THE ACTIVITY ASSERTS THAT 1 OF THE 11 POSITIONS
 REMAINING AT ISSUE HEREIN FOR UNIT ELIGIBILITY DETERMINATIONS SHOULD BE
 EXCLUDED FROM UNIT ELIGIBILITY ON THE BASIS OF STATUS EITHER AS AN
 EMPLOYEE ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY
 CLERICAL CAPACITY, OR AS A CONFIDENTIAL EMPLOYEE, THAT 2 OF THE 11
 POSITIONS SHOULD BE EXCLUDED ON THE BASIS OF STATUS EITHER AS
 SUPERVISORS OR AS MANAGEMENT OFFICIALS, AND THAT ALL THE REST OF THE 11
 POSITIONS SHOULD BE EXCLUDED AS MANAGEMENT OFFICIALS.
 
    THE OFFICE OF RECORDS AND INFORMATION MANAGEMENT (ORIM) IS COMPRISED
 OF THREE DIVISIONS -- PROGRAM MANAGEMENT AND COORDINATION, INFORMATION
 SYSTEMS, AND INFORMATION TECHNOLOGY -- EACH UNDER A GS-343-15 DIVISION
 DIRECTOR, AND IS HEADED BY A GS-343-16 ASSISTANT ARCHIVIST.  THE ORIM IS
 CHARGED WITH IMPLEMENTING AND ADMINISTERING THE FEDERAL RECORDS ACT BY
 PROVIDING LEADERSHIP, GUIDANCE, TRAINING, ADVICE, TECHNICAL ASSISTANCE,
 AND, BY MEANS OF INSPECTIONS, EVALUATION OF THE RECORDS AND INFORMATION
 MANAGEMENT PRACTICES OF FEDERAL AGENCIES.  GUIDANCE IS PROVIDED BY
 PUBLICATION OF SELF-INSPECTION HANDBOOKS AND BY RECORDS MANAGEMENT
 REGULATIONS ISSUED UNDER CHAPTER 101 (FEDERAL PROPERTY MANAGEMENT
 REGULATIONS) OF TITLE 41 OF THE CODE OF FEDERAL REGULATIONS.
 
    CONFIDENTIAL EMPLOYEE /3/
 
    POSITION NO. 8257, MANAGEMENT ANALYST, GS-343-13, PROGRAM MANAGEMENT
 AND COORDINATION DIVISION
 
    THE INCUMBENT, YVONNE M. STARBUCK, IS ONE OF TWO INDIVIDUALS WHO
 OCCUPY POSITION NO. 8257 IN THE ORIM'S PROGRAM MANAGEMENT AND
 COORDINATION DIVISION.  ONLY THE POSITION OCCUPIED BY MS. STARBUCK IS IN
 DISPUTE AS TO CONFIDENTIAL EMPLOYEE STATUS.
 
    THE AUTHORITY FINDS THE POSITION OCCUPIED BY THIS INCUMBENT TO BE
 THAT OF A "CONFIDENTIAL EMPLOYEE" WITHIN THE MEANING OF SECTION
 7103(A)(13) OF THE STATUTE.  AS A MEMBER OF MANAGEMENT'S NEGOTIATION
 TEAM AND IN DEALING WITH UNION REPRESENTATIVES ON A DAY-TO-DAY BASIS,
 THE INDIVIDUAL IN THIS POSITION ACTS IN A CONFIDENTIAL CAPACITY WITH
 RESPECT TO THOSE MANAGEMENT OFFICIALS WHO FORMULATE OR EFFECTUATE
 MANGEMENT'S POLICIES IN THE FIELD OF LABOR-MANAGEMENT RELATIONS.
 ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT POSITION NO.  8257,
 MANAGEMENT ANALYST, GS-343-13, PROGRAM MANAGEMENT AND COORDINATION
 DIVISION (YVONNE M.  STARBUCK), BE EXCLUDED FROM THE AFGE'S EXCLUSIVELY
 RECOGNIZED UNIT.  /4/
 
    SUPERVISOR /5/
 
    POSITIONS NOS. R548 AND R549, (2 INCUMBENTS) SUPERVISORY MANAGEMENT
 ANALYST, GS-343-14, DEPUTY DIRECTOR, INFORMATION SYSTEMS DIVISION, AND
 DEPUTY DIRECTOR, INFORMATION TECHNOLOGY DIVISION, RESPECTIVELY
 
    THE RECORD ESTABLISHES THAT THE INCUMBENTS AS DEPUTY DIRECTORS IN
 THEIR DIVISIONS ARE SUPERVISORS WITHIN THE MEANING OF SECTION
 7103(A)(10) OF THE STATUTE AS THEY CONSISTENTLY USE INDEPENDENT JUDGMENT
 IN THE EXERCISE OF THEIR AUTHORITY TO DIRECT AND ASSIGN THE WORK OF
 THEIR DIVISION EMPLOYEES.  THE CONSISTENT EXERCISE OF THIS
 RESPONSIBILITY IS EVIDENCED BY THE FACT THAT THE INCUMBENTS NOT ONLY ACT
 AS FULL DIVISION DIRECTORS IN THEIR ABSENCE, BUT ALSO HAVE SUPERVISOR
 RESPONSIBILITY OVER CERTAIN DESIGNATED PROJECTS ON A CONTINUING BASIS.
 ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT POSITION NO. R548,
 SUPERVISORY MANAGEMENT ANALYST, GS-343-14, DEPUTY DIRECTOR, INFORMATION
 SYSTEMS DIVISION, AND POSITION NO. R549, SUPERVISORY MANAGEMENT ANALYST,
 GS-343-14, DEPUTY DIRECTOR, INFORMATION TECHNOLOGY DIVISION, BE EXCLUDED
 FROM THE AFG'S EXCLUSIVELY RECOGNIZED UNIT.  /6/
 
    MANAGEMENT OFFICIAL /7/
 
    POSITION NO. R562, MANAGEMENT ANALYST, NATIONAL INSPECTION
 COORDINATOR, GS-343-15, OFFICE OF THE DEPUTY ASSISTANT ARCHIVIST
 
    THE INCUMBENT IS NOMINALLY ASSIGNED TO THE ORIM'S OFFICE OF THE
 DEPUTY ASSISTANT ARCHIVIST AND IS PRESENTLY EMPLOYED IN SUCH DUTIES AS
 GATHERING THE MATERIALS FOR AND DRAFTING A FIVE-YEAR PLAN FOR THE OFFICE
 AND PREPARING A BOOK OF OFFICE INTERNAL PROCEDURES.  THE RECORD IS CLEAR
 THAT THE INCUMBENT HAS NOT BEEN PERMITTED TO EFFECTIVELY EXERCISE ANY
 DUTIES AND RESPONSIBILITIES WHICH WOULD REQUIRE OR AUTHORIZE HIM TO
 FORMULATE, DETERMINE, OR INFLUENCE THE POLICIES OF THE ACTIVITY WITHIN
 THE MEANING OF SECTION 7103(A)(11) OF THE STATUTE, AS INTERPRETED BY THE
 AUTHORITY IN DEPARTMENT OF THE NAVY, AUTOMATIC DATA PROCESSING SELECTION
 OFFICE, 7 FLRA NO. 24 (1981).  /8/ ACCORDINGLY, THE AUTHORITY FINDS THE
 POSITION IN QUESTION NOT TO BE THAT OF A MANAGEMENT OFFICIAL, AND SHALL
 ORDER THAT POSITION NO. R562, MANAGEMENT ANALYST, NATIONAL INSPECTION
 COORDINATOR, GS-343-15, OFFICE OF THE DEPUTY ASSISTANT ARCHIVIST, BE
 INCLUDED IN THE AFGE'S EXCLUSIVELY RECOGNIZED UNIT.
 
    POSITIONS NOS. R563 AND R564, (3 INCUMBENTS) MANAGEMENT ANALYST,
 SPECIAL PROJECTS COORDINATOR, GS-343-14, INFORMATION TECHNOLOGY
 DIVISION, AND INFORMATION SYSTEMS DIVISION, RESPECTIVELY
 
    ORIM EVALUATES THE RECORDS AND INFORMATION MANAGEMENT PRACTICES OF
 FEDERAL AGENCIES BY MEANS OF INSPECTIONS.  DURING THE ENTIRE LIFE CYCLE
 OF AN INSPECTION, THE SPECIAL PROJECTS COORDINATOR FUNCTIONS AS A
 TROUBLE SHOOTER AND FACILITATOR FOR AN INSPECTION TEAM OF MANAGEMENT
 ANALYSTS DRAWN FROM ORIM.  /9/ IT IS CLEAR FROM THE RECORD THAT SPECIAL
 PROJECTS COORDINATORS ARE ENGAGED IN ASSURING COMPLIANCE WITH, NOT
 DEVELOPMENT OF, THE ORIM'S RECORDS AND INFORMATION MANAGEMENT POLICY,
 AND THAT COMPLIANCE IS DEFINED BY THEIR EXERCISE OF A REPORTING,
 EVALUATING, AND RECOMMENDING FUNCTION.  /10/
 
    THE AUTHORITY FINDS THAT THE SPECIAL PROJECTS COORDINATORS AT ISSUE
 HEREIN ARE NOT MANAGEMENT OFFICIALS WITHIN THE MEANING OF THE STATUTE.
 THE AUTHORITY FINDS THAT THEIR ROLE IS LIMITED TO THAT OF VALUABLE
 EXPERTS OR PROFESSIONALS WHOSE ACTIONS ASSIST IN IMPLEMENTING, AS
 OPPOSED TO ESTABLISHING, SETTLING UPON, OR BRINGING ABOUT, ORIM'S
 RECORDS AND INFORMATION MANAGEMENT POLICY.  /11/ THEREFORE, THE
 AUTHORITY SHALL ORDER THAT THE INCUMBENTS' POSITIONS SHOULD REMAIN IN
 THE AFGE'S EXCLUSIVELY RECOGNIZED UNIT,
 
    POSITION NO. R546, MANAGEMENT ANALYST, NATIONAL TECHNICAL ASSISTANCE
 STUDIES COORDINATOR, GS-343-14, PROGRAM MANAGEMENT AND COORDINATION
 DIVISION
 
    THE AUTHORITY FINDS THAT THE INCUMBENT'S ROLE AS A COORDINATOR
 VIS-A-VIS THE ORIM'S NATIONAL TECHNICAL ASSISTANCE STUDIES IS LIMITED TO
 THAT OF A VALUABLE EXPERT OR PROFESSIONAL WHOSE ACTIONS ASSIST IN
 IMPLEMENTING, AS OPPOSED TO ESTABLISHING, SETTLING UPON, OR BRINGING
 ABOUT, ORIM'S RECORDS AND INFORMATION MANAGEMENT POLICY.  /12/ THE
 RECORD SHOWS THAT THE INCUMBENT'S ROLE IS LIMITED TO DEVELOPING
 ALTERNATIVE MEANS OF GENERATING AGENCY INTEREST IN A STUDY/PROJECT AND
 WAYS TO ACCOMPLISH THE PROJECT'S GOALS CONSISTENT WITH ORIM'S
 ESTABLISHED PROGRAM GOALS AND PUBLISHED POLICY.  THUS, THE POSITION NO.
 R546, MANAGEMENT ANALYST, NATIONAL TECHNICAL ASSISTANCE STUDIES
 COORDINATOR, GS-343-14, PROGRAM MANAGEMENT AND COORDINATION DIVISION, IS
 NOT THAT OF A MANAGEMENT OFFICIAL, AND THE AUTHORITY SHALL ORDER THAT
 THE POSITION SHOULD REMAIN IN THE AFGE'S EXCLUSIVELY RECOGNIZED UNIT.
 
    POSITION NO. R547, MANAGEMENT ANALYST, NATIONAL TRAINING COORDINATOR,
 GS-343-14, PROGRAM MANAGEMENT AND COORDINATION DIVISION
 
    THE AUTHORITY FINDS THAT THE INCUMBENT'S RESPONSIBILITY AS A
 COORDINATOR OF THE ORIM'S NATIONWIDE TRAINING PROGRAMS AND ASSIGNMENT AS
 A NEGOTIATOR REGARDING THE APPORTIONMENT OF TRAINING FUNCTIONS WITH OPM
 IS LIMITED TO THAT OF A VALUABLE EXPERT OR PROFESSIONAL WHOSE ACTIONS
 ASSIST IN IMPLEMENTING, AS OPPOSED TO SHAPING, THE ORIM'S RECORDS AND
 INFORMATION MANAGEMENT POLICY.  FURTHER, THE AUTHORITY FINDS THAT THE
 INCUMBENT'S ASSIGNMENT AS CHAIRMAN OF A COMMITTEE ENGAGED IN POLICY
 ANALYSIS AND HIS ROLE AS DRAFTER OF THE COMMITTEE'S REPORT REVEALED THAT
 THE INCUMBENT'S ROLE WAS LIMITED TO RENDERING RESOURCE INFORMATION OR
 RECOMMENDATIONS, RATHER THAN ACTIVE PARTICIPATION IN THE ULTIMATE
 DETERMINATION OF WHAT POLICY, IN FACT, WOULD BE.  THUS, THE AUTHORITY
 FINDS THE INCUMBENT IN SUCH A POSITION DOES NOT ESTABLISH, SETTLE UPON,
 OR BRING ABOUT ORIM'S POLICIES.  /13/ ACCORDINGLY, THE AUTHORITY SHALL
 ORDER THAT POSITION NO. R547, NATIONAL TRAINING COORDINATOR, GS-343-14,
 PROGRAM MANAGEMENT AND COORDINATION DIVISION, SHOULD REMAIN IN THE
 AFGE'S EXCLUSIVELY RECOGNIZED UNIT.
 
    POSITION NO. R581, MANAGEMENT ANALYST, NATIONAL CLEARINGHOUSE
 COORDINATOR AND TECHNOLOGICAL RESEARCH SPECIALIST, GS-343-14, PROGRAM
 MANAGEMENT AND COORDINATION DIVISION
 
    THE AUTHORITY FINDS THAT THE INCUMBENT IN THIS POSITION HAS BEEN
 LIMITED TO FUNCTIONING IN A STAFF ADVISORY CAPACITY RATHER THAN BEING
 RESPONSIBLE FOR ESTABLISHING, SETTLING UPON, OR BRINGING ABOUT THE
 ESTABLISHMENT OF AN INFORMATION CLEARINGHOUSE TYPE OF OPERATION WITHIN
 ORIM.  ACCORDINGLY, THE AUTHORITY FINDS THAT THE INCUMBENT'S POSITION IS
 NOT THAT OF A MANAGEMENT OFFICIAL WITHIN THE MEANING OF THE STATUTE,
 /14/ AND SHALL ORDER THAT POSITION NO. R581, MANAGEMENT ANALYST,
 NATIONAL CLEARINGHOUSE COORDINATOR AND TECHNOLOGICAL RESEARCH
 SPECIALIST, GS-343-14, PROGRAM MANAGEMENT AND COORDINATION DIVISION,
 SHOULD REMAIN IN THE AFGE'S EXCLUSIVELY RECOGNIZED UNIT.
 
    POSITION NO. 8257, MANAGEMENT ANALYST, GS-343-13, PROGRAM MANAGEMENT
 AND COORDINATION DIVISION
 
    THE INCUMBENT, FREDERICK W. BABBEL, IS ONE OF TWO INDIVIDUALS WHO
 OCCUPY POSITION NO. 8257 IN THE ORIM'S PROGRAM MANAGEMENT AND
 COORDINATION DIVISION.  ONLY THE POSITION OCCUPIED BY MR. BABBEL IS IN
 DISPUTE AS TO MANAGEMENT OFFICIAL STATUS.
 
    THE AUTHORITY FINDS THAT THE INCUMBENT'S ROLE OF ASSISTING IN THE
 OPERATION OF THE TRAINING PROGRAM AS WELL AS CONDUCTING A WORK PRODUCT
 SYSTEM STUDY AND ASSISTING IN THE DEVELOPMENT OF SPACE ASSIGNMENTS WITH
 RESPECT TO A PROPOSED MOVE TO BE THAT OF RENDERING RESOURCE INFORMATION
 OR RECOMMENDATIONS, RATHER THAN ACTIVE PARTICIPATION IN THE ULTIMATE
 DETERMINATION OF WHAT POLICY, IN FACT, WOULD BE.  THUS, THE AUTHORITY
 FINDS THAT THE INCUMBENT'S WORK IS NOT OF THE KIND OF WORK WHICH
 ESTABLISHES, SETTLES, OR BRINGS ABOUT ORIM'S POLICIES.  /15/
 ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT POSITION NO. 8257,
 MANAGEMENT ANALYST, GS-343-13, PROGRAM MANAGEMENT AND COORDINATION
 DIVISION (FREDERICK W. BABBEL), SHOULD REMAIN IN THE AFGE'S EXCLUSIVELY
 RECOGNIZED UNIT.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED HEREIN FOR
 WHICH THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 2578,
 AFL-CIO, WAS RECOGNIZED AS THE EXCLUSIVE REPRESENTATIVE IN 1971, BE, AND
 IT HEREBY IS, CLARIFIED BY EXCLUDING FROM SAID UNIT THE FOLLOWING
 POSITIONS:  POSITION NO. 8257, MANAGEMENT ANALYST, GS-343-13, PROGRAM
 MANAGEMENT AND COORDINATION DIVISION (YVONNE M. STARBUCK);  POSITION NO.
 R548, SUPERVISORY MANAGEMENT ANALYST, GS-343-14, DEPUTY DIRECTOR,
 INFORMATION SYSTEMS DIVISION;  AND POSITION NO. R549, SUPERVISORY
 MANAGEMENT ANALYST, GS-343-14, DEPUTY DIRECTOR, INFORMATION TECHNOLOGY
 DIVISION.  THE UNIT IS FURTHER CLARIFIED BY INCLUDING IN SAID UNIT THE
 FOLLOWING POSITIONS:  POSITION NO. R562, MANAGEMENT ANALYST, NATIONAL
 INSPECTION COORDINATOR, GS-343-15, OFFICE OF THE DEPUTY ASSISTANT
 ARCHIVIST;  POSITION NO. R563, MANAGEMENT ANALYST, SPECIAL PROJECTS
 COORDINATOR, GS-343-14, INFORMATION TECHNOLOGY DIVISION;  POSITION NO.
 R564, MANAGEMENT ANALYST, SPECIAL PROJECTS COORDINATOR, GS-343-14,
 INFORMATION SYSTEMS DIVISION (TWO INCUMBENTS);  POSITION NO. R546,
 MANAGEMENT ANALYST, NATIONAL TECHNICAL ASSISTANCE STUDIES COORDINATOR,
 GS-343-14, PROGRAM MANAGEMENT AND COORDINATION DIVISION;  POSITION NO.
 R547, MANAGEMENT ANALYST, NATIONAL TRAINING COORDINATOR, GS-343-14,
 PROGRAM MANAGEMENT AND COORDINATION DIVISION;  POSITION NO. R581,
 MANAGEMENT ANALYST, NATIONAL CLEARINGHOUSE COORDINATOR AND
 TECHNOLOGICAL
 RESEARCH SPECIALIST, GS-343-14, PROGRAM MANAGEMENT AND COORDINATION
 DIVISION;  AND POSITION NO. 8257, MANAGEMENT ANALYST, GS-343-14, PROGRAM
 MANAGEMENT AND COORDINATION DIVISION (FREDERICK W. BABBEL).
 
    IT IS HEREBY ORDERED THAT THE PETITION IN CASE NO. 3-CU-30, BE, AND
 IT HEREBY IS, DISMISSED TO THE EXTENT THAT IT SEEKS TO CLARIFY THE UNIT
 ELIGIBILITY OF THE FOLLOWING TWO POSITIONS:  POSITION NO. 8333,
 SUPERVISORY MANAGEMENT ANALYST, GS-343-14, DEPUTY DIRECTOR, PROGRAM
 MANAGEMENT AND COORDINATOR DIVISION (VACANT);  AND POSITION NO. 8257,
 MANAGEMENT ANALYST, GS-343-13, PROGRAM MANAGEMENT AND COORDINATION
 DIVISION (VACANT).
 
    ISSUED, WASHINGTON, D.C., MARCH 31, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ THE AUTHORITY TAKES OFFICIAL NOTICE OF THE FACT THAT THE AMERICAN
 FEDERATION OF GOVERNMENT EMPLOYEES (AFGE) IS CURRENTLY THE EXCLUSIVE
 REPRESENTATIVE OF SEPARATE CONSOLIDATED UNITS OF PROFESSIONAL AND
 NONPROFESSIONAL EMPLOYEES (INCLUDING THOSE EMPLOYEES REPRESENTED BY THE
 PETITIONER PRIOR TO THE CONSOLIDATION) OF THE GENERAL SERVICES
 ADMINISTRATION CENTRAL OFFICE IN WASHINGTON, D.C.  THE RECORD IS NOT
 CLEAR AS TO WHICH UNIT THE EMPLOYEES AT ISSUE HEREIN ARE LOCATED.
 
    /2/ THE RECORD REVEALS THAT TWO OF THE POSITIONS IN DISPUTE ARE
 CURRENTLY VACANT.  IN MAKING DECISIONS INVOLVING THE CLARIFICATION OF
 UNITS, THE AUTHORITY WILL NOT MAKE ELIGIBILITY DETERMINATIONS FOR VACANT
 POSITIONS.  SEE DEPARTMENT OF THE TREASURY, BUREAU OF THE MINT, U.S.
 MINT, DENVER, COLORADO, 6 FLRA NO. 17 (1981), AND C