11:0354(70)CU DIGEST HEADINGS STATUTE SUBJECT MATTER INDEX ENTRIES DIGEST NOTES DECISION AND ORDER CLARIFYING UNIT ORDER -- 1983 FLRAdec CU
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The decision of the Authority follows:
11 FLRA NO. 70
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, REGION III Activity and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO Petitioner Case No. 2-CU-35
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 American Federation of Government Employees, AFL - CIO (AFGE), was certified on February 1, 1980 as the exclusive bargaining representative for a consolidated nonprofessional unit which includes all nonprofessional employees of the U.S. Environmental Protection Agency, Region III. Essentially, AFGE's petition herein seeks to clarify the status of three employees in two job classifications who the Activity contends should be excluded from the unit on the grounds that they are confidential employees, are engaged in Federal personnel work in other than a purely clerical capacity, or both.
CONFIDENTIAL EMPLOYEES 1
The Activity contends that Jean Jamison, Lead Personnel Clerk, GS-203-06; Shirley Cohen, Personnel Clerk, GS-203-05; and Cheryl Talbot, Personnel Clerk, GS-203-05, are confidential employees and should be [ v11 p354] excluded from the unit. Talbot is the principal clerical assistant to the Activity's Labor Relations Officer who is involved in handling on a daily basis labor-management matters, claims of unfair labor practices, grievances, and contract negotiations. Thus, Talbot types and maintains materials with respect to all such matters. Accordingly, the Authority concludes that Talbot acts in a confidential capacity to an official involved in the effectuation of the Activity's labor relations policies and shall exclude her from the bargaining unit. 2 Veterans Administration, Regional Office, Portland,