09:0175(26)CU - NTEU and IRS, Washington, DC -- 1982 FLRAdec RP

 9 FLRA No. 26
 
 NATIONAL TREASURY EMPLOYEES UNION
 Labor Organization/Petitioner
 
 and
 
 INTERNAL REVENUE SERVICE, /1/
 WASHINGTON, D.C.
 Activity
 
                                            Case No. 6-CU-19
 
                    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 CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
 PARTIES' CONTENTIONS, THE AUTHORITY FINDS:  THE NATIONAL TREASURY
 EMPLOYEES UNION (NTEU) /2/ SEEKS CLARIFICATION TO ESTABLISH THAT
 INCLUDED WITHIN ITS BARGAINING UNIT IS THE INCUMBENT IN THE POSITION OF
 PUBLIC AFFAIRS SPECIALIST/TAXPAYER EDUCATION COORDINATOR GS-301-05
 (PAS/TEC) LOCATED IN THE OKLAHOMA CITY DISTRICT.  THE ACTIVITY OPPOSES
 SUCH INCLUSION ON THE GROUNDS THAT THE INCUMBENT IS A MANAGEMENT
 OFFICIAL, CONFIDENTIAL EMPLOYEE AND/OR AN EMPLOYEE ENGAGED IN FEDERAL
 PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY.  /3/ THE
 INCUMBENT ASSISTS THE PUBLIC AFFAIRS OFFICER IN PERFORMING HIS
 RESPONSIBILITY OF COMMUNICATING TO THE PUBLIC THROUGH THE GENERAL MEDIA
 TAX INFORMATION OF ALL TYPES, INCLUDING TAX POLICY AND PUBLIC OFFICE
 HOURS, AS WELL AS PUBLISHING AN EMPLOYEE NEWSLETTER.  SHE ALSO ACTS FOR
 THE PUBLIC AFFAIRS OFFICER IN THE LATTER'S ABSENCE.  AS THE PUBLIC
 AFFAIRS OFFICER IS INVOLVED IN THE FUNCTION OF IMPLEMENTING, AS OPPOSED
 TO SHAPING THE PRESCRIBED GENERAL PRINCIPLES, PLANS, OR COURSES OF
 ACTION FOR THE ACTIVITY, THE AUTHORITY FINDS THAT, LIKE THE PUBLIC
 AFFAIRS OFFICER, THE PAS/TEC WHO ASSISTS HIM AND ON OCCASION ASSUMES HIS
 DUTIES IS NOT A MANAGEMENT OFFICIAL WITHIN THE MEANING OF SECTION
 7103(A)(11) OF THE STATUTE AS INTERPRETED BY THE AUTHORITY.  /4/
 
    AS THE RECORD DOES NOT ESTABLISH THAT THE INCUMBENT'S SUPERVISOR, THE
 PUBLIC AFFAIRS OFFICER, IS INVOLVED IN THE FORMULATION OR EFFECTUATION
 OF MANAGEMENT POLICIES IN THE FIELD OF LABOR-MANAGEMENT RELATIONS, OR
 THAT SHE ACTS IN A CONFIDENTIAL CAPACITY WITH REGARD TO ANY OTHER PERSON
 EXERCISING SUCH AUTHORITY, THE AUTHORITY FINDS THAT THE INCUMBENT IS NOT
 A CONFIDENTIAL EMPLOYEE WITHIN THE MEANING OF SECTION 7103(A)(13) OF THE
 STATUTE.  /5/ FEDERAL MEDIATION AND CONCILIATION SERVICE, 5 FLRA NO.
 4(1981).  FURTHER, AS THE RECORD ESTABLISHES THAT THE INCUMBENT IS NOT
 IN A PERSONNEL POSITION AND HAS NOT ENGAGED IN PERSONNEL WORK WITHIN THE
 MEANING OF THE STATUTE, /6/ THE AUTHORITY FINDS THAT SHE IS NOT AN
 EMPLOYEE ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY
 CLERICAL CAPACITY.  /7/
 
    ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT THE ABOVE POSITION BE
 INCLUDED WITHIN NTEU'S EXCLUSIVELY RECOGNIZED UNIT.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED HEREIN BE,
 AND IT HEREBY IS, CLARIFIED BY INCLUDING IN SAID UNIT THE POSITION OF
 PUBLIC AFFAIRS SPECIALIST/TAXPAYER EDUCATION COORDINATOR GS-301-05.
 
    ISSUED, WASHINGTON, D.C., JUNE 23, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ THE NAME OF THE ACTIVITY APPEARS AS AMENDED AT THE HEARING.
 
    /2/ NTEU WAS CERTIFIED ON MARCH 27, 1980, AS THE EXCLUSIVE BARGAINING
 REPRESENTATIVE OF ALL PROFESSIONAL AND NON-PROFESSIONAL EMPLOYEES OF THE
 INTERNAL REVENUE SERVICE DISTRICT OFFICES, REGIONAL OFFICES AND NATIONAL
 OFFICE.
 
    /3/ SEE SECTION 7112(B)(1), (2) AND (3) OF THE STATUTE.
 
    /4/ SECTION 7103(A)(11) 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 POLICES OF
 
    THE AGENCY(.)
 
    IN DEPARTMENT OF THE NAVY, AUTOMATIC DATA PROCESSING SELECTION
 OFFICE, 7 FLRA NO. 24(1981), THE AUTHORITY INTERPRETED THE DEFINITION TO
 INCLUDE ONLY 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.
 
    /5/ SECTION 7103(A)(13) 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(.)
 
    /6/ IN THE AUTHORITY'S VIEW, THE MERE RANKING OF VOLUNTEERS SEEKING
 TO CONDUCT CERTAIN ACTIVITY TRAINING, WITHOUT MORE, ESPECIALLY WHERE THE
 SUBSEQUENT SELECTION IS MADE BY ANOTHER, IS NOT SUFFICIENT TO EXCLUDE
 THE INCUMBENT FROM THE BARGAINING UNIT AS AN EMPLOYEE ENGAGED IN
 PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY PURSUANT TO
 SECTION 7112(B)(3) OF THE STATUTE.
 
    /7/ UNITED STATES DEPARTMENT OF THE NAVY, U.S. NAVAL STATION, PANAMA,
 7 FLRA NO. 74(1981).