29:1313(104)CU - AFGE, LOCAL 2401 VS VA MEDICAL CENTER



[ v29 p1313 ]
29:1313(104)CU
The decision of the Authority follows:


 29 FLRA NO. 104

VETERANS ADMINISTRATION MEDICAL
CENTER, PRESCOTT, ARIZONA

     Activity

     and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2401, AFL-CIO

     Union/Petitioner

Case No. 8-CU-70005

ORDER DENYING APPLICATION FOR REVIEW

I. Statement of the Case

This case is before the Federal Labor Relations Authority on an application filed by the Activity under section 2422.17(a) of the Authority's Rules and Regulations seeking review of the Regional Director's Decision and Order on the Union's Petition for Clarification of Unit.

II. Regional Director's Decision

The Union's petition seeks to clarify the composition of the national consolidated nonprofessional unit located at the Veterans Administration Medical Center in Prescott, Arizona to include two employees occupying the positions of Personnel Staffing Assistant (Typing), GS-4-0203, and Personnel Actions Clerk (Typing), GS-5-0203.

The Regional Director concludes that the employees in these positions should be in the bargaining unit. He finds that there is insufficient evidence to establish that they are engaged in Federal personnel work in other than a purely clerical capacity within the meaning of section 7112(b)(3). He finds that their involvement in personnel matters is purely clerical in nature in that they perform their duties within prescribed guidelines and regulations which require little, if any, independent discretion or judgment. In support of this determination, the Regional Director cites United States Environmental Protection Agency, Region III, 11 FLRA 354 (1983); and Headquarters, Fort Sam Houston, Fort Sam Houston, Texas, 5 FLRA 339 (1981). He notes that his determination regarding the Personnel Staffing Assistant position is based on the nature of the actual duties performed at the time of the hearing on the petition rather than on position titles or anticipated performance of duties citing Federal Trade Commission, 15 FLRA 247 (1984); and Veterans Administration Medical Center, Tucson, Arizona, Case No. 8-CU-40001 (1984) (unpublished).

III. Application for Review

The Activity contends that compelling reasons exist, within the meaning of section 2422.17(c) of the Authority's Rules and Regulations, for granting the application for review. It argues that the Regional Director's decision raises a substantial question of law because: 1) there is an absence of Authority precedent concerning an employee who is new to a position and has not performed the full range of duties assigned to the position; and 2) the Regional Director departs from Authority precedent involving positions with similar duties in Environmental Protection Agency, Region VIII, Kansas City, Missouri, 14 FLRA 25 (1984) and Defense Mapping Agency, Hydrographic/ Topographic Center, Providence Field Office, 13 FLRA 407 (1983). In addition, the Activity argues the Regional Director erred as to a matter of law because: 1) including the disputed positions in the bargaining unit interferes with management's right to assign work under section 7106(a)(2)(B) in that substantive personnel duties will have to be performed by bargaining unit members; and 2) determining what percent of the duties actually performed by these employees involves substantive personnel work conflicts with the language of section 7112(b)(3) because "engaged in personnel work in other than a purely clerical capacity" means performing any substantive personnel work and does not mean a specified amount. Finally, the Activity contends that allowing the Regional Director's decision to stand will generate multiple clarification of unit petitions, which is against public policy.

IV. Analysis and Conclusion

We conclude that no compelling reasons exist within the meaning of section 2422.17(c) for granting the Activity's application for review. In particular,