09:0804(101)CU - VA, Regional Office, Portland, OR and NFFE Local 1974; VA, Regional Office, Portland, OR and NFFE Local 1974 -- 1982 FLRAdec RP



[ v09 p804 ]
09:0804(101)CU
The decision of the Authority follows:


 9 FLRA No. 101
 
 VETERANS ADMINISTRATION,
 REGIONAL OFFICE,
 PORTLAND, OREGON
 Activity
 
 and
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 1974
 Labor Organization/Petitioner
 
                                            Case No. 9-CU-30
 
 VETERANS ADMINISTRATION,
 REGIONAL OFFICE,
 PORTLAND, OREGON
 Activity/Petitioner
 
 and
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 1974
 Labor Organization
 
                                            Case No. 9-CU-33
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    UPON PETITIONS 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 THESE CASES, THE AUTHORITY FINDS:  THE
 NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 1974 (THE UNION) SEEKS
 TO CLARIFY ITS EXISTING CERTIFIED UNIT /1/ BY INCLUDING INCUMBENTS IN
 VARIOUS JOB CLASSIFICATIONS, AND THE VETERANS ADMINISTRATION, REGIONAL
 OFFICE, PORTLAND, OREGON (THE ACTIVITY) SEEKS TO CLARIFY THE UNIT BY
 EXCLUDING THE INCUMBENTS IN THESE CLASSIFICATIONS ON THE BASIS THAT THEY
 ARE EITHER PROFESSIONAL EMPLOYEES, SUPERVISORS OR A CONFIDENTIAL
 EMPLOYEE AND/OR AN EMPLOYEE ENGAGED IN PERSONNEL WORK IN OTHER THAN A
 PURELY CLERICAL CAPACITY.
 
    PROFESSIONAL EMPLOYEES /2/
 
    VOCATIONAL REHABILITATION SPECIALIST, GS-1715-11
 
    IN THE AUTHORITY'S VIEW, THE INCUMBENTS IN THIS JOB CLASSIFICATION,
 WHOSE DUTIES AND RESPONSIBILITIES REQUIRE NO LESS THAN A COLLEGE DEGREE
 PLUS EITHER A MASTER'S DEGREE IN REHABILITATION COUNSELING OR A RELATED
 FIELD OR ONE YEAR'S EXPERIENCE AS A VOCATIONAL REHABILITATION SPECIALIST
 (VRS) AND 18 SEMESTER HOURS BEYOND THE BACCALAUREATE DEGREE, AND
 ADDITIONALLY REQUIRE THE CONSISTENT EXERCISE OF DISCRETION AND JUDGMENT
 IN DETERMINING WHICH EMPLOYEES NEED REHABILITATION AND THE EXTENT OF
 THAT CONTINUED NEED, ARE PROFESSIONAL EMPLOYEES WITHIN THE MEANING OF
 SECTION 1703(A)(15) OF THE STATUTE.  /3/ ACCORDINGLY, THE AUTHORITY
 SHALL EXCLUDE THE INCUMBENTS IN THIS CLASSIFICATION FROM THE BARGAINING
 UNIT.
 
    MEDICAL OFFICER (DISABILITY EVALUATION), GS-602-12
 
    IN THE AUTHORITY'S VIEW, THE INCUMBENTS IN THIS JOB CLASSIFICATION
 ARE PROFESSIONAL EMPLOYEES WITHIN THE MEANING OF SECTION 7103(A)(15) OF
 THE STATUTE.  THE INCUMBENTS MUST HAVE ATTAINED THE DEGREE OF DOCTOR OF
 MEDICINE FROM A MEDICAL SCHOOL APPROVED BY THE