16:0038(9)CU - HUD, Boston Regional Office, Region I, Boston, MA and AFGE Local 3258 -- 1984 FLRAdec RP

 16 FLRA No. 9
 
 U.S. DEPARTMENT OF HOUSING
 AND URBAN DEVELOPMENT, BOSTON
 REGIONAL OFFICE, REGION I
 BOSTON, MASSACHUSETTS
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 3258, AFL-CIO
 Petitioner /1/
 
                                            Case No. 1-CU-30006
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    Upon a petition duly filed with the 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 as the exclusive
 bargaining representative for a consolidated unit that includes all
 professional employees of the U.S. Department of Housing and Urban
 Development, Boston Regional Office, Region I, Boston, Massachusetts.
 /2/ Essentially, the petition seeks to clarify the bargaining unit
 status of Kathy E. Machan, Attorney-Advisor (General), GM-905-14, A.P.
 No. 70406-4;  Sheila H. Mondshein, Attorney-Advisor (General),
 GM-905-14, A.P. No. 70407-4;  and Paul D. Snyder, Attorney-Advisor
 (General), GM-905-14, A.P. No. 70408-4, based on the Activity's
 allegation that they are management officials and must be excluded from
 the bargaining unit.  /3/ In the lead case of Department of the Navy,
 Automatic Data Processing Selection Office, 7 FLRA 172 (1981), the
 Authority interpreted the statutory definition of "management official"
 to include 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.  Applying these criteria to the instant case, the Authority
 finds the above incumbents are not management officials, but are highly
 trained and experienced professionals who are engaged in handling
 litigation on behalf of the U.S. Department of Housing and Urban
 Development (HUD) as well as providing legal expertise and
 interpretation of HUD's policies for the Regional Counsel of the
 Activity and HUD General Counsel in Washington and thus are engaged in
 implementing, as opposed to shaping, the Activity's policies.  It
 follows that the above incumbents are not management officials in that
 they do not exercise any duties or responsibilities which require or
 authorize them to formulate, determine, or influence the policies of the
 Activity within the meaning of section 7103(a)(11) of the Statute.
 Accordingly, the Authority finds that the above incumbents in the job
 classification Attorney-Advisor (General), GM-905-14 should be included
 in the bargaining unit.
 
                                   ORDER
 
    IT IS HEREBY ORDERED that the unit sought to be clarified herein be,
 and it hereby is, clarified by including in said unit Kathy E. Machan,
 Attorney-Advisor (General), GM-905-14, A.P. No. 70406-4;  Sheila H.
 Mondshein, Attorney-Advisor (General), GM-905-14, A.P. No. 70407-4;  and
 Paul D. Snyder, Attorney-Advisor (General), GM-905-14, A.P. No. 70408-4.
  Issued, Washington, D.C., September 20, 1984
                                       Henry B. Frazier III, Acting
                                       Chairman
                                       Ronald W. Haughton, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ The names of the parties appear as amended at the hearing.
 
 
    /2/ American Federation of Government Employees, Local 3258, AFL-CIO
 is the agent of AFGE for the segment of the employees in the
 consolidated unit located in the U.S. Department of Housing and Urban
 Development, Boston Regional Office, Region I, Boston, Massachusetts.
 
 
    /3/ Section 7103(a)(11) of the Statute defines a "management
 official" as:
 
          . . . 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 . . . .