09:0518(60)CU - HHS, Region X, Seattle, WA and NTEU and NTEU Chapter 215 -- 1982 FLRAdec RP



[ v09 p518 ]
09:0518(60)CU
The decision of the Authority follows:


 9 FLRA No. 60
 
 DEPARTMENT OF HEALTH AND HUMAN SERVICES,
 REGION X, SEATTLE, WASHINGTON
 Activity/Petitioner /1/
 
 and
 
 NATIONAL TREASURY EMPLOYEES UNION AND
 NATIONAL TREASURY EMPLOYEES UNION,
 CHAPTER 215
 Labor Organization
 
                                            Case No. 9-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 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, THE AUTHORITY FINDS:
 
    THE ACTIVITY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, REGION X,
 SEATTLE, WASHINGTON, FILED A PETITION FOR CLARIFICATION OF UNIT SEEKING
 TO EXCLUDE CERTAIN POSITIONS /2/ FROM THE BARGAINING UNIT OF ALL
 NONPROFESSIONAL EMPLOYEES EXCLUSIVELY REPRESENTED BY NATIONAL TREASURY
 EMPLOYEES UNION, CHAPTER 215 (NTEU), ON THE BASIS THAT THE INCUMBENTS OF
 THE POSITIONS ARE MANAGEMENT OFFICIALS, SUPERVISORS, CONFIDENTIAL
 EMPLOYEES, OR ENGAGED IN PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL
 CAPACITY.  CONVERSELY, NTEU CONTENDS THAT THE INCUMBENTS OF THE
 POSITIONS ARE ALL EMPLOYEES WHO SHOULD BE INCLUDED IN THE UNIT OF
 EXCLUSIVE RECOGNITION.
 
                     THE ALLEGED MANAGEMENT OFFICIALS
 
    SECTION 7103(A)(11) OF THE STATUTE PROVIDES THAT A "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.  IN
 THE LEAD CASE OF DEPARTMENT OF THE NAVY, AUTOMATIC DATA PROCESSING
 SELECTION OFFICE, 7 FLRA NO. 24 (1981), THE AUTHORITY INTERPRETED THAT
 DEFINITION OF MANAGEMENT OFFICIAL AND CONCLUDED THAT IT 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.  JOB POSITIONS
 99735:  SALLY ROSS AND BARBARA COOK, GS-105-12
 
    THE ACTIVITY ASSERTS THAT THE ABOVE INCUMBENTS ARE NOT ONLY
 MANAGEMENT OFFICIALS WITHIN THE MEANING OF THE STATUTE, BUT ARE ENGAGED
 IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY, /3/
 AND SHOULD THEREFORE BE EXCLUDED FROM THE BARGAINING UNIT.
 
    THE INCUMBENTS ARE EMPLOYED AS SOCIAL INSURANCE TRAINING SPECIALISTS
 IN THE ACTIVITY'S PROGRAM, TRAINING, MANAGEMENT AND STAFF DEVELOPMENT
 BRANCH.  IN THE EVENT THAT SPECIAL PROBLEMS ARISE, THEY ANALYZE TRAINING
 NEEDS AND MAKE RECOMMENDATIONS FOR THE USE OF TRAINING COURSES WHICH
 HAVE BEEN DEVELOPED AT THE NATIONAL LEVEL TO RESOLVE SUCH PROBLEMS.  IN
 THIS REGARD, THEY MAY SUGGEST CHANGES WITH RESPECT TO THE ORDER OF
 TRAINING, BUT THEY DO NOT MAKE ANY RECOMMENDATIONS CONCERNING THE
 SUBSTANCE OF NATIONAL TRAINING PROGRAMS.  JOB POSITION Q79169:  GEORGE
 CLIFFORD, MARILYN DEVANEY, ROSE INOUYE, GLEN SANDAHL, GS-101-13
 
    THE ABOVE INCUMBENTS ARE ASSIGNED TO THE FAMILY ASSISTANCE PROGRAM AS
 STATE PROGRAM SPECIALISTS.  THEY HAVE THE RESPONSIBILITY FOR
 ADMINISTERING THE AID TO DEPENDENT CHILDREN'S PROGRAM (ADC), CONSISTENT
 WITH ESTABLISHED AGENCY GUIDELINES.  UNDER SUCH PROGRAM, RECIPIENTS
 RECEIVE FINANCIAL ASSISTANCE FROM THEIR RESPECTIVE STATES.  THE
 INCUMBENTS USE FINANCIAL AND OTHER TYPES OF INFORMATION TO ANALYZE AND
 MAKE RECOMMENDATIONS CONCERNING THE WORKING OF THE STATE ADC PROGRAMS.
 IN MOST BASIC TERMS, THEY SERVE AS THE LIAISON BETWEEN THE STATES AND
 THE FEDERAL GOVERNMENT.  JOB POSITION X568:  DONALD V. LEATHERMAN,
 GS-101-13
 
    THE INCUMBENT IS THE PUBLIC HEALTH ADVISOR IN THE DIVISION OF HEALTH
 SERVICES DELIVERY.  WHILE CONCEDING THAT "(T)HE RECORD IS VERY SPARSE
 WITH RESPECT TO THE MANNER IN WHICH THE INCUMBENT . . . INFLUENCES
 POLICY," THE ACTIVITY ALLEGES THAT HE IS A MANAGEMENT OFFICIAL BECAUSE
 HIS POSITION CANNOT AVOID IMPACTING UPON AGENCY POLICY.  THE ACTIVITY
 FURTHER ALLEGES THAT HE IS A SUPERVISOR WITHIN THE MEANING OF THE
 STATUTE.  /4/
 
    THE INCUMBENT WORKS IN THE PROGRAM WHICH PROVIDES GRANTS TO STATE
 ENTITIES.  IN THIS CONNECTION, HE IS RESPONSIBLE FOR COMPILING A STAFF
 SUMMARY OF SUCH GRANTS AND ATTENDS EVALUATION MEETINGS TO PROVIDE STAFF
 ASSISTANCE SHOULD ANY QUESTIONS ARISE, BUT HE DOES NOT HAVE A VOTE ON
 THE GRANT REVIEW COMMITTEE.  JOB POSITION 78-0002:  KAY KIDWELL, KATHY
 ADMIRE, GS-345-13
 
    THE INCUMBENTS ARE PROGRAM ANALYSTS IN THE SERVICE DELIVERY
 ASSESSMENT BRANCH.  THEY CONDUCT STUDIES ON VARIOUS SHORT TERM PROGRAMS
 WITHIN THE AGENCY, THEREBY PROVIDING THE SECRETARY AND UNDER SECRETARY
 OF THE AGENCY WITH CURRENT INFORMATION CONCERNING THEM.
 
    THE AUTHORITY FINDS THAT NONE OF THE FOREGOING INCUMBENTS ARE
 MANAGEMENT OFFICIALS INASMUCH AS THEY DO NOT "FORMULATE, DETERMINE, OR
 INFLUENCE THE POLICIES OF THE AGENCY" WITHIN THE MEANING OF SECTION
 7103(A)(11) OF THE STATUTE, AS THOSE TERMS WERE INTERPRETED BY THE
 AUTHORITY IN DEPARTMENT OF THE NAVY, AUTOMATIC DATA PROCESSING SELECTION
 OFFICE, SUPRA.  RATHER, THEY ARE MORE AKIN TO EXPERTS OR PROFESSIONALS
 RENDERING RESOURCE INFORMATION WITH RESPECT TO THE ACTIVITY'S POLICIES.
 IN THIS REGARD, THE AUTHORITY NOTES THAT THE INCUMBENTS DO NOT COME TO
 INDEPENDENT DECISIONS AS TO WHAT SUCH POLICIES WILL BE, BUT INSTEAD MAKE
 REPORTS AND RECOMMENDATIONS TO THEIR SUPERVISORS CONCERNING THE STATUS
 OF EXISTING PROGRAMS AND POLICIES.  IN SUM, NONE OF THE INCUMBENTS
 CREATES, SETTLES UPON OR BRINGS ABOUT THE ACTIVITY'S POLICY
 DETERMINATIONS WITH REGARD TO THE VARIOUS PROGRAMS ADMINISTERED BY THE
 ACTIVITY.  THUS, BASED UPON ALL OF THE FOREGOING, THE AUTHORITY
 CONCLUDES THAT THE NINE INDIVIDUALS IN QUESTION ARE NOT MANAGEMENT
 OFFICIALS WITHIN THE MEANING OF SECTION 7103(A)(11) OF THE STATUTE, AND
 THEREFORE SHOULD BE INCLUDED IN THE UNIT.
 
                        THE ALLEGED SUPERVISOR /5/
 
 JOB POSITION X568:  DONALD V. LEATHERMAN, GS-101-13
 
    IN ADDITION TO ITS CONTENTION THAT THE INCUMBENT IS A MANAGEMENT
 OFFICIAL (ADDRESSED PREVIOUSLY HEREIN), THE ACTIVITY CONTENDS THAT THE
 INCUMBENT IS A SUPERVISOR WITHIN THE MEANING OF THE STATUTE, /6/ BECAUSE
 HE REGULARLY ASSIGNS WORK TO A SECRETARY.  HOWEVER, THE RECORD REVEALS
 THAT THE INCUMBENT IS ONLY ONE OF SEVERAL FOR WHOM THE SECRETARY
 PREPARES DOCUMENTS, AND IS NOT THE SOLE PERSON TO WHOM SHE REPORTS OR
 FROM WHOM SHE RECEIVES ASSIGNMENTS.  THE OVERALL ASSIGNMENTS OF THE
 SECRETARY'S WORK ARE MADE BY THE INCUMBENT'S SUPERVISOR, WHO ALSO
 APPROVES THE SECRETARY'S FINAL RATING FOR PURPOSES OF PERFORMANCE
 EVALUATION.
 
    ACCORDINGLY, AND AS THERE IS NO RECORD EVIDENCE THAT THE INCUMBENT
 EXERCISES ANY OTHER INDICIA OF SUPERVISORY AUTHORITY WITH RESPECT TO THE
 SECRETARY, THE AUTHORITY CONCLUDES THAT HE IS NOT A SUPERVISOR WITHIN
 THE MEANING OF SECTION 7103(A)(10) OF THE STATUTE, AND THEREFORE SHOULD
 BE INCLUDED IN THE UNIT.
 
                     THE ALLEGED CONFIDENTIAL EMPLOYEE
 
 JOB POSITION 99841:  RITA SPANGLER, GS-318-5
 
    SECTION 7103(A)(13) OF THE STATUTE 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(.)"
 
    THE ACTIVITY SEEKS TO EXCLUDE RITA SPANGLER AS A CONFIDENTIAL
 EMPLOYEE, ON THE GROUND THAT SHE REPORTS TO A SUPERVISOR ACTUALLY
 ENGAGED IN FORMULATING AND EFFECTUATING MANAGEMENT'S LABOR RELATIONS
 POLICIES.  SPANGLER IS SUPERVISED BY THE CHIEF OF THE HUMAN RESOURCES
 MANAGEMENT BRANCH, ROSEMARIE NAGUSKI, WHO WAS EXCLUDED FROM THE UNIT
 HEREIN AS A SUPERVISOR.  NAGUSKI SERVES IN A PROFESSIONAL ADMINISTRATIVE
 CAPACITY FOR THE REGIONAL COMMISSIONER AND NON-SUPERVISORS IN THE SOCIAL
 SECURITY ADMINISTRATION, AND SPENDS AN EXTENSIVE AMOUNT OF TIME IN LABOR
 RELATIONS WORK.  IN THIS LATTER REGARD, THE RECORD INDICATES THAT
 NAGUSKI WAS A MEMBER OF THE ACTIVITY'S NEGOTIATING COMMITTEE WHICH
 DRAFTED CONFIDENTIAL PROPOSALS AND COUNTERPROPOSALS FOR THE MANAGEMENT
 NEGOTIATING TEAM DURING COLLECTIVE BARGAINING WITH NTEU AND CURRENTLY IS
 INVOLVED IN ADMINISTERING THE AGREEMENT.  THE RECORD FURTHER INDICATES
 THAT SPANGLER TYPES CONFIDENTIAL MEMOS, IS PRIVY TO CONFIDENTIAL LABOR
 RELATIONS MATTERS ON A REGULAR BASIS, IS GIVEN FREE ACCESS TO LOCKED
 FILES CONTAINING CONFIDENTIAL LABOR RELATIONS MATERIAL, AND OPERATES
 ALMOST EXCLUSIVELY AS THE SECRETARY TO NAGUSKI.
 
    UNDER THESE CIRCUMSTANCES, IT IS CONCLUDED THAT SPANGLER ACTS IN A
 CONFIDENTIAL CAPACITY TO AN OFFICIAL INVOLVED IN THE FORMULATION AND
 EFFECTUATION OF THE ACTIVITY'S LABOR RELATIONS POLICIES.  THEREFORE, SHE
 SHALL BE EXCLUDED FROM THE UNIT.  U.S. ARMY COMMUNICATIONS SYSTEMS
 AGENCY, FORT MONMOUTH, NEW JERSEY, 4 FLRA NO. 83 (1980).  EMPLOYEES
 ALLEGEDLY ENGAGED IN PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL
 CAPACITY /7/ JOB POSITIONS X-8483 AND X-8483 A:  MARY BUCKINGHAM, MURIEL
 STERLING, PAULETTE LONG, OCIE SWANSON, FRAN GUERERRO AND JOAN PARKER,
 GS-203-05 AND 4/5
 
    THE INCUMBENTS ARE STAFFING CLERKS (TYPING) IN THE ACTIVITY'S
 REGIONAL PERSONNEL OFFICE - STAFFING BRANCH.  THEIR PRIMARY FUNCTION IS
 CONFINED TO MAKING SURE THAT PERSONNEL ACTIONS ARE PROPERLY PROCESSED
 AND RECORDED.  THE AUTHORITY FINDS THAT THESE INCUMBENTS' INVOLVEMENT IN
 FEDERAL PERSONNEL WORK IS PURELY CLERICAL IN NATURE.  ACCORDINGLY, THE
 AUTHORITY CONCLUDES THAT THESE INCUMBENTS SHOULD BE INCLUDED IN THE
 EXCLUSIVELY RECOGNIZED UNIT.  HEADQUARTERS, FORT SAM HOUSTON, FORT SAM
 HOUSTON, TEXAS, 5 FLRA NO. 46 (1981).  JOB POSITION 99735:  SALLY ROSS
 AND BARBARA COOK, GS-105-12;  AND JOB POSITION 99681:  GEORGE ANN
 KANDER, GS-235-7/9
 
    AS MENTIONED ABOVE, ROSS AND COOK ARE EMPLOYED AS SOCIAL INSURANCE
 TRAINING SPECIALISTS IN THE PROGRAM, TRAINING, MANAGEMENT AND STAFF
 DEVELOPMENT BRANCH.  KANDER IS AN EMPLOYMENT DEVELOPMENT SPECIALIST IN
 THE SAME BRANCH.
 
    ROSS AND COOK DRAFT TRAINING COURSES, REVIEW THE TRAINING COURSES
 AVAILABLE FROM OTHER SOURCES, MAKE RECOMMENDATIONS AS TO THE SUITABILITY
 OF THOSE COURSES FOR AGENCY EMPLOYEES, AND MONITOR EXISTING COURSES TO
 RECORD WHETHER THE EMPLOYEES ASSIGNED TO SUCH TRAINING HAVE IN FACT
 COMPLETED THE COURSES.  KANDER ASSISTS THE SOCIAL INSURANCE TRAINING
 SPECIALISTS, AND IS PRIMARILY RESPONSIBLE FOR MONITORING THE SCHOOL/WORK
 PROGRAM.  NONE OF THE INCUMBENTS IS INVOLVED IN RATING THE PERFORMANCE
 OF EMPLOYEES PARTICIPATING IN THESE TRAINING AND DEVELOPMENT PROGRAMS.
 MOREOVER, THEY ARE NOT INVOLVED IN REVIEWING, ANALYZING OR MAKING
 RECOMMENDATIONS WITH REGARD TO INDIVIDUAL PERSONNEL ACTIONS.
 
    BASED ON THE FOREGOING, THE AUTHORITY FINDS THAT THE INCUMBENTS IN
 THESE POSITIONS ARE NOT ENGAGED IN PERSONNEL WORK IN OTHER THAN A PURELY
 CLERICAL CAPACITY WITHIN THE MEANING OF SECTION 7112(B)(3) OF THE
 STATUTE, IN THAT THEIR WORK IS ROUTINE AND NOT OF SUCH A NATURE THAT IT
 WOULD CREATE A CONFLICT OF INTEREST BETWEEN THEIR JOBS AND UNION
 REPRESENTATION IF THEY WERE INCLUDED IN THE UNIT.  ACCORDINGLY, THE
 AUTHORITY CONCLUDES THAT THESE INCUMBENTS SHOULD BE INCLUDED IN THE
 EXCLUSIVELY RECOGNIZED UNIT.  SEE HEADQUARTERS, FORT SAM HOUSTON, FORT
 SAM HOUSTON, TEXAS, 5 FLRA NO. 46 (1981).  SEE ALSO OFFICE OF PERSONNEL
 MANAGEMENT, 5 FLRA NO. 30 (1981).  JOB POSITIONS 99857, 99718:  ANN
 DOROUGH, ADELINE TALLMAN, GS-343-7/9 AND 11;  AND JOB POSITION 99859:
 MAZIE KOZUKI, GS-303-5/6
 
    INCUMBENTS DOROUGH AND TALLMAN ARE CLASSIFIED AS MANAGEMENT ANALYSTS,
 AND KUZUKI AS A STAFF ASSISTANT, IN THE HUMAN RESOURCES MANAGEMENT
 BRANCH.  IN GENERAL THEY ARE INVOLVED IN ANSWERING MANAGEMENT'S
 QUESTIONS, AND KEEPING THEM UP TO DATE, WITH REGARD TO SUCH THINGS AS
 THE FAIR LABOR STANDARDS ACT, MERIT PAY AND INCENTIVE AWARDS, AND WORK
 SCHEDULES.
 
    DOROUGH IS INVOLVED IN THE DRAFTING AND ANALYSIS OF RECRUITMENT,
 SELECTION AND PLACEMENT, AND STAFFING PROGRAMS, PARTICULARLY WITH REGARD
 TO FIELD PERSONNEL.  TALLMAN'S MAIN DUTIES INVOLVE THE ANALYSIS OF
 LEGISLATIVE AND GOVERNMENT-WIDE STUDIES WITH REGARD TO STAFFING AND
 PERSONNEL DEVELOPMENT.  IN THIS REGARD, SHE MAKES RECOMMENDATIONS TO
 MANAGEMENT AS TO THE EFFECTS SUCH STUDIES WILL HAVE ON AGENCY
 MANAGEMENT'S PERSONNEL PLANNING.  KOZUKI DEALS MAINLY WITH TESTING AND
 INCENTIVE AWARDS PROGRAMS AND RETIREMENT PROCEDURES, REVIEWING THEM FOR
 ACCURACY AND CONSISTENCY WITH ESTABLISHED GUIDELINES.  NONE OF THE
 INCUMBENTS IS INVOLVED IN THE RATING OF EMPLOYEES, OR IN REVIEWING,
 ANALYZING OR MAKING RECOMMENDATIONS WITH REGARD TO INDIVIDUAL PERSONNEL
 ACTIONS.
 
    BASED ON THE FOREGOING, THE AUTHORITY FINDS THAT DOROUGH AND TALLMAN
 ARE, BUT KOZUKI IS NOT, ENGAGED IN PERSONNEL WORK IN OTHER THAN A PURELY
 CLERICAL CAPACITY WITHIN THE MEANING OF SECTION 7112(B)(3) OF THE
 STATUTE.  THUS, DOROUGH AND TALLMAN DRAFT AND ANALYZE PERSONNEL PROGRAMS
 AFFECTING THE BARGAINING UNIT AND MAKE RECOMMENDATIONS TO MANAGEMENT
 CONCERNING SUCH PROGRAMS.  THESE PERSONNEL FUNCTIONS ARE MORE THAN
 ROUTINE AND CLERICAL IN NATURE.  ACCORDINGLY, THE AUTHORITY CONCLUDES
 THAT THESE INCUMBENTS SHOULD BE EXCLUDED FROM THE EXCLUSIVELY RECOGNIZED
 UNIT.  HOWEVER, KOZUKI'S DUTIES MERELY INVOLVE REVIEW OF TESTING AND
 AWARDS PROGRAMS FOR ACCURACY AND CONSISTENCY WITH ESTABLISHED POLICY,
 AND THEREFORE ARE ROUTINE AND CLERICAL IN NATURE.  ACCORDINGLY, THE
 AUTHORITY SHALL INCLUDE HER WITHIN THE BARGAINING UNIT.  JOB POSITION
 99683:  RICHARD HARRIS, JERI BURGESS, GS-343-12
 
    THE TWO INCUMBENTS IN THIS POSITION ARE ALSO CLASSIFIED AS MANAGEMENT
 ANALYSTS.  IN ADDITION TO PERFORMING DUTIES SIMILAR TO THE OTHER
 MANAGEMENT ANALYSTS, DESCRIBED ABOVE, THEY HAVE BEEN ENGAGED IN FURTHER
 RESPONSIBILITIES.  HARRIS WAS THE PERSON PRIMARILY RESPONSIBLE FOR
 SETTING UP THE ACTIVITY'S CRESS PROGRAM, AN INITIAL QUALIFYING TEST FOR
 JOB APPLICANTS.  HARRIS HAS WORKED WITH SUPERVISORS AND MANAGEMENT
 OFFICIALS IN THE RECRUITMENT AND SELECTION PROCESS, IN WHICH HE HELPED
 SCREEN APPLICANTS AND MADE EFFECTIVE RECOMMENDATIONS WITH REGARD TO THE
 SELECTION OF APPLICANTS.  BURGESS SPENDS 60 TO 75 PERCENT OF HER TIME IN
 LABOR-MANAGEMENT RELATIONS MATTERS.  IN THIS REGARD, SHE ANALYZED THE
 MAJOR CONTRACT PROPOSALS SUBMITTED DURING NEGOTIATIONS BY THE UNION THAT
 REPRESENTS FIELD EMPLOYEES OF THE ACTIVITY WITH REGARD TO THE IMPACT
 THAT SUCH PROPOSALS WOULD HAVE ON THE ACTIVITY'S PERSONNEL PROGRAMS, AND
 SHE COMPILED MANAGEMENT'S RESPONSE TO SUCH PROPOSALS.  WHILE THE
 FOREGOING DUTIES DIRECTLY RELATED TO EMPLOYEES OUTSIDE THE UNIT HERE
 REPRESENTED BY NTEU, IT INVOLVED ACTIVITY-WIDE PERSONNEL POLICIES WITH
 REGARD TO SUCH MATTERS AS TRANSFER TO AND FROM THE UNIT INVOLVED HEREIN.
 
    THE AUTHORITY FINDS THAT THE INCUMBENTS IN THIS POSITION ARE DIRECTLY
 INVOLVED IN PERFORMING PERSONNEL WORK THAT MAY AFFECT EMPLOYEES IN THE
 UNIT AND THUS A CONFLICT OF INTEREST BETWEEN THEIR JOBS AND UNION
 REPRESENTATION WOULD BE CREATED IF THEY WERE INCLUDED IN THE UNIT.
 HENCE, THE AUTHORITY CONCLUDES THAT THE DISPUTED EMPLOYEES ARE ENGAGED
 IN PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY WITHIN THE
 MEANING OF SECTION 7112(B)(3) OF THE STATUTE, AND THAT THEY MUST BE
 EXCLUDED FROM THE EXCLUSIVELY RECOGNIZED UNIT.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED, CONSISTING
 OF ALL NONPROFESSIONAL EMPLOYEES IN THE DEPARTMENT OF HEALTH AND HUMAN
 SERVICES, REGION X, SEATTLE, WASHINGTON, IN WHICH THE NATIONAL TREASURY
 EMPLOYEES UNION, CHAPTER 215, WAS ORIGINALLY CERTIFIED AS THE EXCLUSIVE
 REPRESENTATIVE ON MAY 9, 1979, BE, AND IT HEREBY IS, CLARIFIED BY
 INCLUDING IN SAID UNIT THE POSITIONS OF STAFF ASSISTANT, GS-303-5/6,
 POSITION 99859;  SOCIAL INSURANCE TRAINING SPECIALIST, GS-105-12,
 POSITION 99735;  EMPLOYEE DEVELOPMENT SPECIALIST, GS-235-7/9, POSITION
 99681;  STATE PROGRAM SPECIALIST, GS-101-13, POSITION Q79169;  PUBLIC
 HEALTH ADVISOR, GS-101-13, POSITION X568;  PROGRAM ANALYST, GS-345-13,
 POSITION 78-0002;  STAFFING CLERK (TYPING) GS-203-4/5 AND 5, POSITIONS
 X-8483 AND X-8483 A;  AND BY EXCLUDING THE POSITIONS OF MANAGEMENT
 ANALYST, GS-343-7/9, 11 AND 12, POSITIONS 99857, 99718 AND 99683;  AND
 SECRETARY (TYPING), GS-318-5, POSITION 99841.  ISSUED, WASHINGTON, D.C.,
 JULY 21, 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/PETITIONER APPEARS ABOVE AS AMENDED AT
 THE HEARING, WITHOUT OPPOSITION, TO ADD THE DESIGNATION "SEATTLE,
 WASHINGTON."
 
    /2/ TWO OF THE POSITIONS IN QUESTION WERE VACANT AT THE TIME OF THE
 HEARING;  I.E., JOB POSITION 99834, GS-322-4 (CLERK TYPIST) AND JOB
 POSITION 75-0001, GS-345-14 (PROGRAM ANALYST).  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 CASES CITED THEREIN.
 
    /3/ THE LATTER CONTENTION IS ADDRESSED INFRA.
 
    /4/ THE LATTER CONTENTION IS ADDRESSED INFRA.
 
    /5/ DURING THE COURSE OF THE HEARING, AND WITH THE AGREEMENT OF THE
 ACTIVITY AND THE HEARING OFFICER, THE UNION STIPULATED THAT THE
 INCUMBENTS IN JOB POSITION OA 256, SOCIAL INSURANCE SPECIALIST,
 GS-105-3, IN THE ASSISTANCE PROGRAM BRANCH, AND JOB POSITION OA 254 S,
 SUPERVISORY SOCIAL INSURANCE PROGRAM SPECIALIST, GS-105-13, IN THE
 DISABILITY PROGRAM BRANCH,