14:0025(4)CU - EPA Region VII, Kansas City MO and NFFE Local 1205 -- 1984 FLRAdec RP
[ v14 p25 ]
The decision of the Authority follows:
14 FLRA No. 4 ENVIRONMENTAL PROTECTION AGENCY REGION VII KANSAS CITY, MISSOURI Activity and NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 1205 Petitioner Case No. 7-CU-20014 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 Federation of Federal Employees, Local 1205 (NFFE) was certified as the exclusive bargaining representative for a unit of all nonsupervisory and nonprofessional General Schedule employees, including temporary employees who are expected to exceed ninety (90) days employment, employed by the U.S. Environmental Protection Agency, Kansas City, Missouri. Essentially, NFFE's petition herein seeks to clarify the status of Mary Lou Goucher, Personnel Assistant (Typing), GS-203-06, and Ina Square, Secretary (Typing), GS-318-05, who the Activity contends should be excluded from the unit on the grounds that they are confidential employees /1/ and/or are engaged in Federal personnel work in other than a purely clerical capacity. /2/ Goucher, who works in the Personnel and Organization Branch of the Activity, has major responsibilities for the recruiting and staffing of GS-05 positions and below, including orientation of new employees, preparation and processing of all types of personnel actions, processing of confidential data under the merit pay system, processing of retirement paperwork, answering inquiries from other agencies on Activity employees who are applying for jobs, and answering inquiries for employees and supervisors concerning provisions of the Federal Personnel Manual. Goucher is also responsible for keeping employee personnel information up-to-date, including keeping track of dates for employee personnel actions and coding them into the Activity's computer system. In this regard, she has signature authority to grant back pay to employees based on her finding of errors which cause employee loss of salary increases. Based on the above, the Authority finds that Mary Lou Goucher, Personnel Assistant (Typing), GS-203-06, is an employee "engaged in personnel work in other than a purely clerical capacity" within the meaning of section 7112(b)(3) and should be excluded from the unit.