File 2: Opinion of Member Pope

[ v62 p307 ]


Member Carol Waller Pope, concurring:

      I agree with the majority that the Physical Security Specialists involved in this case should be excluded on the ground that they are engaged in security work that directly affects national security within the meaning of § 7112(b)(6) of the Statute. I write separately because I disagree with the majority's conclusion that these employees should be excluded because they perform the same duties as the disputed physical security specialists in Social Security Administration, Baltimore, Md., 59 FLRA 137 (2003) (Chairman Cabaniss concurring and Member Pope dissenting, in part) (SSA, Baltimore), where I dissented. 59 FLRA at 148-49. I note, at the outset, that the actual duties performed by an employee control the employee's unit status, not the employee's position title. See, e.g., id. at 145. Examining the actual duties performed here and in SSA, Baltimore, it is clear that the duties of the Physical Security Specialists involved in the case now before the Authority extend beyond the conduct of site surveys and implementation of security and emergency plans that I found to have only an indirect effect on national security in SSA, Baltimore. Id. In particular, the Physical Security Specialists now before us are personally and directly responsible for granting access to individuals to Agency facilities based on plans they design and implement. See RD Decision at 7. The physical security specialists in SSA, Baltimor