33:0265(30)CU - - Labor and AFGE, National Council of Field Labor Locals, Local 1748 - - 1988 FLRAdec RP - - v33 p265

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33 FLRA No. 30

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF LABOR

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

NATIONAL COUNCIL OF FIELD LABOR LOCALS

LOCAL 1748

7-CU-80005

7-CU-80007

ORDER DENYING APPLICATION FOR REVIEW

October 24, 1988

Before Chairman Calhoun and Member McKee.

I. Statement of the Case

On August 24, 1988, the Union filed a timely application for review under section 2422.17(a) of the Authority's Rules and Regulations. The Union seeks review of the Regional Director's Decision and Order on Petitions for Clarification of Unit. The Regional Director found that three Wage and Hour Assistants and a Secretary to an Assistant Regional Administrator were confidential employees within the meaning of section 7103(a)(13) of the Federal Service Labor-Management Relations Statute (the Statute) and should be excluded from the bargaining unit. The Agency did not file an opposition. For the reasons discussed below, we deny the application for review.

II. Regional Director's Decision

The Union is currently certified as the exclusive representative of the following consolidated nationwide unit of Department of Labor employees:

Included: All bargaining unit employees stationed throughout the nation in field duty stations of the Department of Labor, including field stations located within the Washington, DC metropolitan area, except non-clerical employees of the Labor-Management Services Administration, employees serving in temporary appointments of less than one year's duration.

Excluded: (In accordance with Executive Order 11491, as amended): All management officials; all supervisors as defined in the Order; employees who assist and act in a confidential capacity to persons responsible for formulating and effectuating the Department's labor relations policies; employees engaged in personnel work in other than a purely clerical capacity; and employees to whom Section 3 of Executive Order 11491, as amended applies.

Regional Director's Decision at 1.

The Union's petitions seek to include certain employees in the bargaining unit on the basis that they are not confidential employees within the meaning of section 7103(a)(13). In Case No. 7-CU-80005, the Union seeks to include four Wage and Hour Assistant positions: Helen Shirk, Kansas City, Missouri; Alice Devore, Des Moines, Iowa; Belinda Campbell, St. Louis, Missouri; and a vacant position in Omaha, Nebraska. In Case No. 7-CU-80007, it seeks to include Cheryl Jordan, Secretary to the Assistant Regional Administrator for Workers Compensation Programs, in Kansas City, Missouri. The Agency opposed the CU petition contending that the employees were confidential employees within the meaning of the Statute.

The employees at issue work for the Employment Standards Administration of the U.S. Department of Labor. There are 10 regions within the Employment Standards Administration. The Kansas City Region, Region VII, encompasses Kansas, Missouri, Nebraska, and Iowa. The Kansas City Regional Office is headed by a Regional Administrator and three Assistant Regional Administrators