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 COUNCIL ON MEDICAL
 EDUCATION AND HOSPITALS, AMERICAN MEDICAL ASSOCIATION, OR A COMPARABLE
 AND EQUIVALENT DEGREE, AND ALSO MUST HAVE SUCCESSFULLY COMPLETED AT
 LEAST ONE YEAR OF APPROVED RESIDENCY TRAINING.  THEIR DUTIES INCLUDE
 MAKING DETERMINATIONS WITH REGARD TO APPLICANTS' BASIC ELIGIBILITY FOR
 DISABILITY COMPENSATION, THE ADEQUACY AND SUFFICIENCY OF ALL PERTINENT
 FACTS BEARING ON THE PERFORMANCE OF PHYSICAL EXAMINATIONS.  IN THESE
 CIRCUMSTANCES, THE AUTHORITY SHALL ORDER THAT THE INCUMBENTS IN THIS
 CLASSIFICATION BE EXCLUDED FROM THE EXCLUSIVELY RECOGNIZED UNIT.
 
    SUPERVISORS /4/
 
    SECTION CHIEFS, LOAN GUARANTEE DIVISION:  CHIEF, CONSTRUCTION AND
 VALUATION SECTION, GS-1171-12;  CHIEF, LOAN SERVICING, CLAIMS AND
 PROPERTY MANAGEMENT SECTION (REALTY SPECIALIST), GS-1170-11;  AND CHIEF,
 LOAN PROCESSING SECTION (SUPERVISORY LOAN SPECIALIST/REALTY), GS-1165-11
 
    IN THE AUTHORITY'S VIEW, THE INCUMBENTS IN THESE POSITIONS ARE
 SUPERVISORS WITHIN THE MEANING OF THE STATUTE.  ALL THREE ARE IN CHARGE
 OF AT LEAST ONE SUBORDINATE EMPLOYEE, ESTABLISH THE PRIORITY OF THEIR
 WORK, ASSIGN AND REVIEW THEIR WORK, COUNSEL THEM, GRANT THEIR LEAVE,
 HAVE SELECTED SUCCESSFUL CANDIDATES AMONG THOSE ELIGIBLE FOR POSITIONS
 UNDER THEIR DIRECTION, AND HAVE MADE EFFECTIVE RECOMMENDATIONS WITH
 REGARD TO PROMOTIONS OR INCREASES IN PAY FOR SUBORDINATES.  ALL HAVE
 CONSISTENTLY EXERCISED INDEPENDENT JUDGMENT WITH REGARD TO THE ABOVE
 AND, THEREFORE, ARE SUPERVISORS WITHIN THE MEANING OF SECTION
 7103(A)(10) OF THE STATUTE.  ACCORDINGLY, THE AUTHORITY SHALL EXCLUDE
 THEM FROM THE BARGAINING UNIT.
 
    THE CONFIDENTIAL EMPLOYEE /5/
 
    THE INCUMBENT IN THE POSITION OF PERSONNEL CLERK (TYPING), PERSONNEL
 DIVISION, GS-203-5, IS THE PRINCIPAL CLERICAL ASSISTANT TO THE PERSONNEL
 OFFICER WHO IS ALSO THE LABOR RELATIONS OFFICER IN CHARGE OF ALL THE
 ACTIVITY'S LABOR RELATIONS;  WHO IS DIRECTLY INVOLVED IN THE DAILY
 UNION/MANAGEMENT ACTIVITIES WITH REGARD TO GRIEVANCES, APPEALS AND
 COMPLAINTS;  AND WHO IS THE PRINCIPAL MEMBER OF THE MANAGEMENT TEAM THAT
 WAS INVOLVED IN CONTRACT NEGOTIATIONS WITH THE UNION AT THE TIME OF THE
 INSTANT HEARING.  THE INCUMBENT IS PRIVY TO, AND TYPES AND MAINTAINS
 MATERIALS WITH REGARD TO, CONFIDENTIAL LABOR RELATIONS MATTERS.
 
    THE AUTHORITY CONCLUDES THAT THE INCUMBENT ACTS IN A CONFIDENTIAL
 CAPACITY TO AN OFFICIAL INVOLVED IN THE FORMULATION AND EFFECTUATION OF
 THE ACTIVITY'S LABOR RELATIONS POLICIES AND, ACCORDINGLY, SHALL EXCLUDE
 HERE FROM THE BARGAINING UNIT.  U.S. ARMY COMMUNICATIONS SYSTEMS AGENCY,
 FORT MONMOUTH, NEW JERSEY, 4 FLRA NO. 83(1980).  /6/
 
                                   ORDER
 
    IT IS HEREBY ORD