Food and Drug Administration, Region l (Activity) and American Federation of Government Employees, AFL-CIO, District 1 (Labor Organization/Petitioner)
[ v06 p229 ]
06:0229(38)CU
The decision of the Authority follows:
6 FLRA No. 38
FOOD AND DRUG ADMINISTRATION,
REGION 1
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, DISTRICT 1
Labor Organization/Petitioner
Case No. 1-CU-23
DECISION AND ORDER ON PETITION FOR CLARIFICATION OF UNIT
UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
UNDER SECTION 7111(B) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
STATUTE (THE STATUTE), A HEARING WAS HELD BEFORE A HEARING OFFICER OF
THE AUTHORITY. THE AUTHORITY HAS REVIEWED THE HEARING OFFICER'S RULINGS
MADE AT THE HEARING AND FINDS THAT THEY ARE FREE FROM PREJUDICIAL ERROR.
THE RULINGS ARE HEREBY AFFIRMED.
UPON THE ENTIRE RECORD IN THIS CASE, THE AUTHORITY FINDS: THE
PETITIONER, THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO,
DISTRICT 1 (AFGE), SEEKS TO CLARIFY AN EXISTING EXCLUSIVELY RECOGNIZED
UNIT OF ALL NON-SUPERVISORY, NON-PROFESSIONAL AND PROFESSIONAL EMPLOYEES
OF THE ACTIVITY, THE FOOD AND DRUG ADMINISTRATION, REGION 1 /1/ (FDA) TO
DETERMINE WHETHER CERTAIN EMPLOYEES SHOULD BE INCLUDED IN THE UNIT.
SPECIFICALLY, THE AFGE SEEKS A DETERMINATION THAT INCUMBENTS IN EIGHT
SECRETARIAL POSITIONS ARE IN THE UNIT. THE ACTIVITY CONTENDS THAT THE
EMPLOYEES IN DISPUTE SHOULD BE EXCLUDED FROM THE UNIT AS CONFIDENTIAL
EMPLOYEES. AT ISSUE ARE THE SECRETARY (TYPING) TO THE ADMINISTRATIVE
OFFICER OF THE BOSTON DISTRICT OFFICE, GS-318-05; SECRETARY
(STENOGRAPHER) TO THE DISTRICT SCIENCE DIRECTOR, GS-318-06; SECRETARY
(DICTATING MACHINE AND TRANSCRIBING-DMT) TO THE DISTRICT DIRECTOR,
GS-318-06; SECRETARY (TYPING) TO THE DISTRICT INVESTIGATIONS DIRECTOR,
GS-318-06; SECRETARY (DMT) TO THE ANALYTICAL DIRECTOR, WINCHESTER
ENGINEERING AND ANALYTICAL CENTER (WEAC), GS-318-05; SECRETARY (DMT) TO
THE ENGINEERING DIRECTOR, WEAC, GS-318-05; SECRETARY (TYPING) TO THE
ADMINISTRATIVE OFFICER, WEAC, GS-318-04; AND SECRETARY (STENOGRAPHER)
TO THE WEAC CENTER DIRECTOR, GS-318-05.
THE UNITED STATES FOOD AND DRUG ADMINISTRATION, BOSTON DISTRICT IS
THE SOLE DISTRICT WITHIN REGION 1 OF THE FDA. THE REGIONS ARE UNDER THE
EXECUTIVE DIRECTOR OF REGIONAL OPERATIONS AND EACH REGION IS HEADED BY A
REGIONAL DIRECTOR. REGION 1 IS DIVIDED INTO TWO FUNCTIONAL UNITS, THE
BOSTON DISTRICT OFFICE AND THE WINCHESTER ENGINEERING AND ANALYTICAL
CENTER, EACH HEADED BY A DIRECTOR WHO IS UNDER THE AUTHORITY OF THE
REGIONAL DIRECTOR. THE BOSTON DISTRICT OFFICE, WHICH IS SUPERVISED BY
THE DISTRICT DIRECTOR, IS THE BASIC OPERATING ARM OF THE FIELD FORCES
AND IS COMPOSED OF FOUR BRANCHES: AN INVESTIGATIVE BRANCH, A SCIENCE
BRANCH, A COMPLIANCE BRANCH, AND AN ADMINISTRATIVE MANAGEMENT OFFICE.
EACH OF THE THREE BRANCHES IS HEADED BY A DIRECTOR; THE ADMINISTRATIVE
MANAGEMENT OFFICE IS SUPERVISED BY AN ADMINISTRATIVE OFFICER.
WEAC ACTS AS A NATIONAL RESOURCE FOR THE ENTIRE AGENCY. THE
ANALYTICAL CENTER OF WEAC ANALYZES VARIOUS TYPES OF PRESCRIPTION DRUGS
INCLUDING RADIOACTIVE MATERIAL; THE ENGINEERING PORTION OF THE FACILITY
WORKS ON MEDICAL DEVICES AND RADIATION EMITTING INSTRUMENTS. THE
ADMINISTRATIVE MANAGEMENT OFFICE COMPLETES THE STRUCTURE OF WEAC.
THE RECORD INDICATES THAT THE EMPLOYEES OF REGION 1 ARE ASSIGNED TO
THREE SEPARATE LOCATIONS. THE DISTRICT DIRECTOR WITH 167 EMPLOYEES, THE
ADMINISTRATIVE OFFICER OF THE BOSTON DISTRICT OFFICE WITH 16 EMPLOYEES,
AND THE SCIENCE DIRECTOR WITH 35 EMPLOYEES HAVE OFFICES AT ONE LOCATION
WITHIN BOSTON. IN A SEPARATE BOSTON LOCATION IS THE INVESTIGATIONS
DIRECTOR WITH 87 EMPLOYEES. FINALLY, THE CENTER DIRECTOR WITH 70
EMPLOYEES, THE ADMINISTRATIVE OFFICER WITH 16 EMPLOYEES, THE ANALYTICAL
DIRECTOR WITH 21 EMPLOYEES, AND THE ENGINEERING DIRECTOR WITH 30
EMPLOYEES ARE LOCATED IN WINCHESTER. AS DESCRIBED HEREIN, EACH OF THESE
INDIVIDUALS HAS FUNCTIONAL INDEPENDENCE FROM THE OTHER.
THE EIGHT EMPLOYEES AT ISSUE HEREIN ARE SECRETARIES TO VARIOUS
OFFICIALS OF THE DISTRICT AND WEAC. SECTION 7112(B)(2) OF THE STATUTE
PROVIDES THAT A UNIT WILL NOT BE APPROPRIATE FOR LABOR ORGANIZATION
REPRESENTATION IF IT INCLUDES A CONFIDENTIAL EMPLOYEE. SECTION
7103(A)(13) OF THE STATUTE DEFINES A "CONFIDENTIAL EMPLOYEE" AS ONE "WHO
ACTS IN A CONFIDENTIAL CAPACITY WITH RESPECT TO AN INDIVIDUAL WHO
FORMULATES OR EFFECTUATES MANAGEMENT POLICIES IN THE FIELD OF
LABOR-MANAGEMENT RELATIONS." THE ISSUE PRESENTED IN EACH OF THE EIGHT
INSTANCES HEREIN THUS IS WHETHER THE EMPLOYEE IN DISPUTE ACTS IN A
CONFIDENTIAL CAPACITY TO AN INDIVIDUAL WHO FORMULATES OR EFFECTUATES
MANAGEMENT POLICIES IN THE FIELD OF LABOR-MANAGEMENT RELATIONS, AND IF
SO, WHETHER THE EMPLOYEE ACTS IN A CONFIDENTIAL CAPACITY TO SUCH
INDIVIDUAL WHEN THE LATTER IS PERFORMING DUTIES IN THE FIELD OF
LABOR-MANAGEMENT RELATIONS. RED RIVER ARMY DEPOT, TEXARKANA, TEXAS, 2
FLRA NO. 82(1980).
SECRETARY (TYPING, GS-318-05. HELENA DELORY HOLDS THE POSITION OF
SECRETARY (TYPING), GS-318-05, IN THE ADMINISTRATIVE MANAGEMENT OFFICE
WITHIN THE BOSTON DISTRICT OFFICE AND IS THE SECRETARY TO THE
ADMINISTRATIVE OFFICER, MARY E. KELLY. /2/ DELORY PERFORMS THE
ADMINISTRATIVE AND SECRETARIAL DUTIES FOR THE ADMINISTRATIVE OFFICER.
MARY E. KELLY IS RESPONSIBLE FOR THE SUPERVISION OF HER BRANCH AND IS
THE FINAL SELECTING OFFICER WITHIN HER BRANCH CONCERNING PROMOTIONS AND
ADVERSE ACTIONS AND SHE MAY ADJUST GRIEVANCES AS THE SECOND LEVEL
OFFICIAL IN THE NEGOTIATED GRIEVANCE PROCEDURE. MARY E. KELLY TESTIFIED
THAT THE ADMINISTRATIVE MANAGEMENT OFFICE HAS SUBMITTED WRITTEN COMMENTS
FOR UPCOMING CONTRACT NEGOTIATIONS AND KELLY HAS CONTRIBUTED WRITTEN
COMMENTS FOR UNION-MANAGEMENT MEETINGS WHICH DELORY TYPED. THE
ADMINISTRATIVE OFFICER FURTHER TESTIFIED THAT WHEN SHE WAS WITHOUT AN
ADMINISTRATIVE ASSISTANT FOR A YEAR, SHE RELIED HEAVILY ON THE
RECOMMENDATIONS OF DELORY BECAUSE DELORY HAD A MANAGEMENT BACKGROUND.
KELLY STATED THAT SHE WOULD CONSULT DELORY AND STILL DOES SO ON ISSUES
PERTAINING TO PERSONNEL ACTIONS. THE RECORD ALSO SHOWS THAT DELORY HAS
ATTENDED ADMINISTRATIVE STAFF MEETINGS AND HAS SAT IN ON CERTAIN
REGULARLY SCHEDULED MANAGEMENT TELEPHONE CONVERSATIONS WHEN BOTH KELLY
AND HER ADMINISTRATIVE ASSISTANT WERE UNAVAILABLE. KELLY ALSO KEEPS
DELORY ADVISED AS TO THE ISSUES FROM SUCH MEETINGS. ALL PERSONNEL
ACTIONS OF THE BOSTON DISTRICT OFFICE ARE PROCESSED THROUGH THIS OFFICE
AND DELORY HAS ACCESS TO LOCKED FILES WHICH CONTAIN THESE MATERIALS AND
OTHER CONFIDENTIAL LABOR RELATIONS MATERIALS. DELORY OPENS ALL MAIL
INCLUDING THAT RELATING TO CONFIDENTIAL LABOR RELATIONS MATTERS.
BASED UPON THE RECORD WHICH ESTABLISHES THAT MARY E. KELLY ADJUSTS
GRIEVANCES, PROVIDES COMMENTS FOR CONTRACT NEGOTIATIONS AND
UNION-MANAGEMENT MEETINGS, AND IS RESPONSIBLE FOR THE SUPERVISION OF THE
ADMINISTRATIVE MANAGEMENT OFFICE, THE AUTHORITY CONCLUDES THAT MARY E.
KELLY IS AN INDIVIDUAL WHO EFFECTUATES MANAGEMENT POLICY IN THE FIELD OF
LABOR-MANAGEMENT RELATIONS. THE RECORD FURTHER ESTABLISHES THAT AS
SECRETARY TO KELLY, DELORY PERFORMS ALL OF THE TYPING FOR KELLY
INCLUDING THAT RELATING TO THE CONFIDENTIAL LABOR RELATIONS MATTERS
REFERRED TO ABOVE, ATTENDS STAFF MEETINGS, SITS IN OR REGULARLY
SCHEDULED MANAGEMENT TELEPHONE CONVERSATIONS, AND MAINTAINS AND HAS
ACCESS TO THE FILES WHICH CONTAIN CONFIDENTIAL LABOR RELATIONS
MATERIALS. BASED UPON THE FOREGOING, THE AUTHORITY FINDS THAT HELENA
DELORY ACTS IN A CONFIDENTIAL CAPACITY TO KELLY WHEN SHE EFFECTUATES
MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT RELATIONS.
ACCORDINGLY, THE AUTHORITY SHALL EXCLUDE DELORY FROM THE CERTIFIED UNIT
REPRESENTED BY AFGE AS A CONFIDENTIAL EMPLOYEE DEFINED BY SECTION
7103(A)(13) OF THE STATUTE.
SECRETARY (STENOGRAPHER), GS-318-06. DIANE KELLY OCCUPIES THE
POSITION OF SECRETARY (STENOGRAPHER), GS-318-06, AND IS THE SECRETARY TO
THE SCIENCE DIRECTOR OF THE BOSTON DISTRICT OFFICE, LOUIS L. GERSHMAN.
KELLY DOES ALL OF THE TYPING FOR THE ENTIRE LABORATORY. THE DIRECTOR OF
THE SCIENCE BRANCH ESTABLISHES WORKING CONDITIONS AND HAS OVERALL
PERSONNEL ADMINISTRATIVE RESPONSIBILITIES FOR HIS BRANCH INCLUDING THE
REVIEW OF EMPLOYEE PERSONNEL APPRAISALS AND THE AUTHORITY TO ADJUST
FORMAL GRIEVANCES. AS THE REGIONAL INCENTIVE AWARDS OFFICER HE REVIEWS
ALL SUCH AWARDS WITHIN THE REGION. GERSHMAN HAS ATTENDED
LABOR-MANAGEMENT MEETINGS IN THE PAST FOUR YEARS. GERSHMAN, AS A BRANCH
CHIEF, HAS BEEN REQUESTED TO SUBMIT COMMENTS ON THE UPCOMING CONTRACT
NEGOTIATIONS. AS A RESULT OF THE LATTER ACTIVITIES, KELLY'S DUTIES
INCLUDE HANDLING ALL CORRESPONDENCE AND TYPING FOR THE BRANCH AND
MAINTAINING AND HAVING ACCESS TO FILES WHICH CONTAIN MATERIALS RELATING
TO DISCIPLINARY ACTIONS, GRIEVANCES, AND EMPLOYEE APPRAISALS.
AS NOTED, GERSHMAN IS RESPONSIBLE FOR THE OVERALL SUPERVISION OF THE
SCIENCE BRANCH AND IS INVOLVED IN GRIEVANCES, PERSONNEL APPRAISALS AND
THE REVIEW OF ALL REGION 1 INCENTIVE AWARDS. IN ADDITION, HE ATTENDS
LABOR-MANAGEMENT MEETINGS AND HAS BEEN REQUESTED TO SUBMIT COMMENTS FOR
CONTRACT NEGOTIATIONS. THE AUTHORITY THEREFORE CONCLUDES THAT GERSHMAN
EFFECTUATES MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT
RELATIONS. THE RECORD SUBSTANTIATES FURTHER THAT AS SECRETARY TO
GERSHMAN, KELLY TYPES AND HAS ACCESS TO CONFIDENTIAL LABOR RELATIONS
MATERIALS. BASED UPON THE FOREGOING, THE AUTHORITY FINDS THAT DIANE
KELLY ACTS IN A CONFIDENTIAL CAPACITY TO GERSHMAN WITHIN THE MEANING OF
SECTION 7103(A)(13) OF THE STATUTE AND SHOULD BE EXCLUDED FROM THE
CERTIFIED UNIT.
SECRETARY, (DMT), GS-318-06. MARY CROSSEN HOLDS THE POSITION OF
SECRETARY (DMT), GS-318-06, AND IS THE SECRETARY TO THE DISTRICT
DIRECTOR OF THE BOSTON DISTRICT OFFICE, FREDRICK R. CARLSON. CROSSEN IS
ALSO THE BACKUP SECRETARY TO THE REGIONAL DIRECTOR. SHE PERFORMS
ADMINISTRATIVE AND SECRETARIAL DUTIES FOR THE DISTRICT DIRECTOR. AS A
RESULT SHE TYPES MEMORANDA TO HIS BRANCH CHIEFS SOLICITING IDEAS FOR THE
UPCOMING CONTRACT NEGOTIATIONS WITH AFGE, AND OTHER CONFIDENTIAL LABOR
RELATIONS MEMORANDA AND CORRESPONDENCE, SOME OF WHICH RELATE TO
CARLSON'S ROLE AS THE CHIEF OF THE MANAGEMENT NEGOTIATING TEAM AND AS
CHIEF LABOR RELATIONS REPRESENTATIVE FOR FDA, REGION 1. CROSSEN ALSO
TYPES THE MINUTES FROM LABOR-MANAGEMENT MEETINGS CARLSON ATTENDS AND SHE
IS THE ONLY ONE OTHER THAN CARLSON WHO HAS ACCESS TO THE UNION FILE
WHICH CONTAINS THE CONFIDENTIAL LABOR RELATIONS MATERIALS AS WELL AS THE
GENERAL FILES. CARLSON ULTIMATELY IS RESPONSIBLE FOR ESTABLISHING THE
WORKING CONDITIONS AND THE OVERALL SUPERVISION OF THE BOSTON DISTRICT
OFFICE AND HE IS THE DECIDING OFFICIAL IN THE NEGOTIATED GRIEVANCE
PROCEDURE. CONSEQUENTLY CROSSEN IS PRIVY TO MANAGEMENT'S POSITION
BEFORE IT BECOMES FINAL SINCE SHE TYPES ANY RESPONSE OR CORRESPONDENCE
THAT THE DISTRICT DIRECTOR WOULD ISSUE. FURTHERMORE, CROSSEN OPENS ALL
MAIL AND CORRESPONDENCE THAT COMES TO THE DISTRICT DIRECTOR GENERALLY.
AS BACKUP SECRETARY TO THE REGIONAL DIRECTOR'S SECRETARY, CROSSEN
OCCASIONALLY SITS IN ON STAFF MEETINGS AND TAKES NOTES. SUCH STAFF
NOTES ARE CONFIDENTIAL PRIOR TO THEIR PUBLICATION AND DISTRIBUTION TO
ALL EMPLOYEES.
BASED UPON CARLSON'S DUTIES AS THE CHIEF OF THE MANAGEMENT
NEGOTIATING TEAM AND AS THE CHIEF LABOR RELATIONS REPRESENTATIVE FOR
FDA, REGION 1, THE AUTHORITY CONCLUDES THAT CARLSON IS AN INDIVIDUAL WHO
FORMULATES MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT RELATIONS.
FURTHER, THE AUTHORITY ALSO CONCLUDES THAT CARLSON EFFECTUATES
MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT RELATIONS DUE TO HIS
RESPONSIBILITIES AS DISTRICT DIRECTOR WHICH INVOLVE THE SUPERVISION OF
THE BOSTON DISTRICT OFFICE AND ADJUSTING GRIEVANCES. BASED UPON
CROSSEN'S DUTIES AS SECRETARY TO CARLSON WHICH INCLUDE TYPING
CONFIDENTIAL LABOR RELATIONS MATERIALS SUCH AS MEMORANDA TO HIS BRANCH
CHIEFS AND MAINTAINING THE FILES WHICH INCLUDE CONFIDENTIAL LABOR
RELATIONS MATERIALS, THE AUTHORITY FINDS THAT MARY CROSSEN IS A
CONFIDENTIAL EMPLOYEE TO CARLSON WHEN HE FORMULATES AND EFFECTUATES
MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT RELATIONS.
ACCORDINGLY, THE AUTHORITY SHALL EXCLUDE CROSSEN FROM THE CERTIFIED
UNIT.
SECRETARY (TYPING), GS-318-06. PRISCILLA HARRIS HOLDS THE POSITION
OF SECRETARY (TYPING), GS-318-06, AND IS SECRETARY TO THE DIRECTOR OF
INVESTIGATIONS OF THE BOSTON DISTRICT OFFICE, EARL V. BURTON. HARRIS
DOES ALL OF THE TYPING FOR THE DIRECTOR. THE DIRECTOR IS INVOLVED IN
SUCH MATTERS AS RECOMMENDATIONS REGARDING PROMOTIONS, GRIEVANCES,
EMPLOYEE APPRAISALS AND DISCIPLINARY ACTIONS, ALL OF WHICH DUTIES RESULT
FROM HIS PRIMARY RESPONSIBILITY FOR THE SUPERVISION OF THE INVESTIGATIVE
BRANCH. BURTON TESTIFIED THAT HE HAS BEEN INVOLVED IN FROM FOUR TO SIX
GRIEVANCES IN THE PAST SEVEN YEARS. BURTON HAS BEEN REQUESTED TO SUBMIT
COMMENTS FOR THE UPCOMING CONTRACT NEGOTIATIONS.
BASED UPON BURTON'S RESPONSIBILITIES REGARDING PROMOTIONS, ON
GRIEVANCES, EMPLOYEE APPRAISALS, DISCIPLINARY ACTIONS, AND THE OVERALL
SUPERVISION OF THE INVESTIGATIVE BRANCH, AS WELL AS COMMENTING ON
CONTRACT NEGOTIATIONS, THE AUTHORITY CONCLUDES THAT BURTON IS AN
INDIVIDUAL WHO EFFECTUATES MANAGEMENT POLICY IN THE FIELD OF
LABOR-MANAGEMENT RELATIONS. AS NOTED, HARRIS TYPES CONFIDENTIAL LABOR
RELATIONS MATERIALS, OPENS MAIL AND HAS ACCESS TO FILES WHICH CONTAIN
CONFIDENTIAL LABOR RELATIONS MATERIALS. BASED UPON THE FOREGOING, THE
AUTHORITY FINDS THAT PRISCILLA HARRIS ACTS IN A CONFIDENTIAL CAPACITY TO
BURTON WHEN HE EFFECTUATES MANAGEMENT POLICY IN THE FIELD OF
LABOR-MANAGEMENT RELATIONS AND SHOULD BE EXCLUDED FROM THE CERTIFIED
UNIT.
SECRETARY (DMT), GS-318-05. MARGARET COMEAU OCCUPIES THE POSITION OF
SECRETARY (DMT), GS-318-05. SHE IS THE SECRETARY TO THE DIRECTOR OF THE
ANALYTICAL BRANCH OF WEAC, JAMES W. FITZGERALD. COMEAU PERFORMS ALL OF
THE ADMINISTRATIVE AND SECRETARIAL DUTIES, MOST OF WHICH INVOLVE TYPING,
FOR THE DIRECTOR. FITZGERALD'S DUTIES CONSIST PRIMARILY OF THE
SUPERVISION OF THE ANALYTICAL BRANCH. HE TESTIFIED THAT HE WAS WRITTEN
COMMENTS ON FLEXTIME POLICY AND THE STRIKE CONTINGENCY PLAN, AND THAT HE
HAS BEEN REQUESTED TO SUBMIT COMMENTS ON THE UPCOMING CONTRACT
NEGOTIATIONS; ALL OF THIS WORK HAS BEEN TYPED BY COMEAU. HE ALSO HAS
BEEN INVOLVED IN LABOR-MANAGEMENT MATTERS WITHIN HIS BRANCH SUCH AS
GRIEVANCES, EMPLOYEE APPRAISALS, AND DISCIPLINARY ACTIONS. AS SECRETARY
TO THE DIRECTOR, COMEAU OPENS ALL MAIL AND MAINTAINS GENERAL FILES. SHE
HAS RECENTLY ATTENDED MEETINGS BETWEEN FITZGERALD AND HIS SUPERVISORS.
BASED UPON THE RECORD WHICH DISCLOSES THAT FITZGERALD'S DUTIES
CONSIST OF WRITING COMMENTS ON FLEXTIME POLICY AND THE STRIKE
CONTINGENCY PLAN AND SUBMITTING COMMENTS ON THE UPCOMING CONTRACT
NEGOTIATIONS, AS WELL AS BEING INVOLVED IN OTHER LABOR-MANAGEMENT
MATTERS SUCH AS GRIEVANCES, EMPLOYEE APPRAISALS AND DISCIPLINARY
ACTIONS, THE AUTHORITY CONCLUDES THAT FITZGERALD EFFECTUATES MANAGEMENT
POLICY IN THE FIELD OF LABOR-MANAGEMENT RELATIONS. AS SECRETARY TO
FITZGERALD, COMEAU PERFORMS ALL OF HIS TYPING INCLUDING THE ABOVE
CONFIDENTIAL LABOR RELATIONS MATTERS, OPENS ALL MAIL AND MAINTAINS
GENERAL FILES WHICH CONTAIN CONFIDENTIAL LABOR RELATIONS MATERIALS AND
ATTENDS STAFF MEETINGS. BASED UPON THE FOREGOING, THE AUTHORITY FINDS
THAT MARGARET COMEAU ACTS IN A CONFIDENTIAL CAPACITY TO AN INDIVIDUAL
WHO EFFECTUATES MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT
RELATIONS AND SHOULD BE EXCLUDED FROM THE EXCLUSIVE BARGAINING UNIT.
SECRETARY (DMT), GS-318-05. JANICE ROLLINS OCCUPIES THE POSITION OF
SECRETARY (DMT), GS-318-05, AND IS SECRETARY TO THE DIRECTOR OF THE
ENGINEERING BRANCH OF WEAC, BRUCE BURNETT. SHE PERFORMS ADMINISTRATIVE
AND SECRETARIAL DUTIES FOR THE DIRECTOR. BURNETT IS RESPONSIBLE FOR THE
SUPERVISION OF THE ENGINEERING BRANCH AND IS INVOLVED IN LABOR RELATIONS
MATTERS WHICH INCLUDE DISCIPLINARY ACTIONS, GRIEVANCES, AND EMPLOYEE
APPRAISALS. CONSEQUENTLY ROLLINS HAS ON OCCASION TYPED MATERIALS
CONCERNING DISCIPLINARY ACTIONS, GRIEVANCES, AND EMPLOYEE APPRAISALS.
ROLLINS ALSO HAS TYPED BURNETT'S COMMENTS ON THE UPCOMING CONTRACT
NEGOTIATIONS, A COPY OF WHICH IS MAINTAINED IN THE FILES TO WHICH SHE
HAS ACCESS.
BASED UPON THE DUTIES OF THE ENGINEERING DIRECTOR WHICH INVOLVE THE
SUPERVISION OF THE ENGINEERING BRANCH AND OTHER LABOR RELATION MATTERS
SUCH AS DISCIPLINARY ACTIONS, GRIEVANCES, EMPLOYEE APPRAISALS, AND
COMMENTING ON CONTRACT NEGOTIATIONS, THE AUTHORITY CONCLUDES THAT
BURNETT EFFECTUATES MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT
RELATIONS. IN HER WORK AS SECRETARY TO BURNETT, ROLLINS HAS TYPED
CONFIDENTIAL LABOR RELATIONS MATERIALS SUCH AS THOSE ALLUDED TO ABOVE
AND MAINTAINS AND HAS ACCESS TO FILES CONTAINING CONFIDENTIAL LABOR
RELATIONS MATERIALS. BASED UPON THE FOREGOING, THE AUTHORITY FINDS THAT
JANICE ROLLINS IS A CONFIDENTIAL EMPLOYEE TO BURNETT WHEN HE EFFECTUATES
MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT RELATIONS AND SHOULD
BE EXCLUDED FROM THE EXCLUSIVE BARGAINING UNIT.
SECRETARY (TYPING), GS-318-04. SUSAN CAROLL HAS BEEN ON TEMPORARY
ASSIGNMENT FOR LESS THAN A YEAR IN THE POSITION OF SECRETARY (TYPING),
GS-318-04. DURING THIS TIME, SHE IS THE SECRETARY TO THE ADMINISTRATIVE
OFFICER OF THE ADMINISTRATIVE MANAGEMENT BRANCH OF WEAC, CLAIRE M.
O'KEEFE, AND SHE PERFORMS MOST OF THE TYPING FOR THE ADMINISTRATIVE
OFFICER. O'KEEFE IS RESPONSIBLE FOR THE SUPERVISION OF HER BRANCH, AND
THE PROCESSING OF ALL PERSONNEL ACTIONS SUCH AS INCENTIVE AWARDS
RECOMMENDATIONS AND DISCIPLINARY ACTIONS WITHIN WEAC. SHE TESTIFIED
THAT ALL CONFIDENTIAL LABOR RELATIONS MATERIALS INCLUDING INDIVIDUAL
EMPLOYEE PERSONNEL RECORDS ARE MAINTAINED IN LOCKED FILES AND CAROLL HAS
ACCESS TO THEM. ALSO, AS A MEMBER OF THE 1972 NEGOTIATING TEAM, O'KEEFE
HAS MAINTAINED A UNION FILE WHICH HOLDS RECORDS OF THOSE NEGOTIATIONS
AND CAROLL HAS ACCESS TO THIS FILE. LIKE OTHER BRANCH CHIEFS, O'KEEFE
HAS BEEN ASKED TO COMMENT ON THE UPCOMING CONTRACT NEGOTIATIONS AND
CAROLL TYPED HER COMMENTS. O'KEEFE FURTHER TESTIFIED THAT CAROLL TYPES
OTHER CONFIDENTIAL LABOR RELATIONS MATERIALS CONCERNING PERSONNEL SUCH
AS WEEKLY STAFFING REPORTS, QUARTERLY AFFIRMATIVE ACTION REPORTS,
HANDICAP STATISTICS AND MINORITY STATISTICS WHICH GO DIRECTLY TO HIGHER
MANAGEMENT, AND MATERIALS RELATING TO THE MERIT PROMOTION PLAN. AS A
RESULT CAROLL IS GENERALLY PRIVY TO MANAGEMENT'S POSITION PRIOR TO ITS
ANNOUNCEMENT. O'KEEFE ALSO TESTIFIED THAT CAROLL DOES SOME OF THE
CONFIDENTIAL LABOR RELATIONS MATERIALS.
THE EVIDENCE ESTABLISHES THAT O'KEEFE'S DUTIES AS THE ADMINISTRATIVE
OFFICER OF WEAC INCLUDE SUPERVISING THE ADMINISTRATIVE MANAGEMENT OFFICE
AND PROCESSING ALL PERSONNEL ACTIONS WITHIN WEAC. SHE HAS BEEN A MEMBER
OF THE MANAGEMENT NEGOTIATION TEAM AND HAS BEEN ASKED TO COMMENT ON
CONTRACT NEGOTIATIONS. BASED UPON THE FOREGOING, THE AUTHORITY
CONCLUDES THAT CLAIRE M. O'KEEFE IS AN INDIVIDUAL WHO EFFECTUATES
MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT RELATIONS. THE
AUTHORITY FINDS THAT CAROLL ACTS IN A CONFIDENTIAL CAPACITY TO O'KEEFE
WHEN SHE EFFECTUATES MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT
RELATIONS IN THAT IN HER TEMPORARY POSITION SHE TYPES AND HAS ACCESS TO
CONFIDENTIAL LABOR RELATIONS MATERIALS, PREPARES STATISTICAL REPORTS AND
DOES RESEARCH INVOLVING PERSONNEL AND OTHER CONFIDENTIAL LABOR RELATIONS
MATTERS FOR O'KEEFE. THE AUTHORITY FINDS THEREFORE THAT SUSAN CAROLL
SHOULD BE EXCLUDED FROM THE CERTIFIED UNIT WHILE SHE IS IN THE POSITION
OF SECRETARY TO THE ADMINISTRATIVE OFFICER AS DESCRIBED ABOVE.
SECRETARY (STENOGRAPHER), GS-318-05. GAIL LEBLANC OCCUPIES THE
POSITION OF SECRETARY (STENOGRAPHER), GS-318-05, AND IS THE SECRETARY TO
THE CENTER DIRECTOR, PAUL C. BOLIN. LEBLANC DOES ALL OF THE TYPING FOR
THE CENTER DIRECTOR. BOLIN IS RESPONSIBLE FOR THE THREE BRANCHES,
ENGINEERING, ANALYTICAL AND ADMINISTRATIVE. BOLIN ALSO IS THE DECIDING
OFFICIAL IN THE FORMAL GRIEVANCE PROCEDURE WITHIN WEAC AS WELL AS THE
REVIEWING OFFICIAL OF ALL PERFORMANCE APPRAISALS. BOLIN TESTIFIED THAT
HE HAS BEEN PRIVY TO LABOR-MANAGEMENT NEGOTIATIONS DURING THE PAST TWO
YEARS. BOLIN IS ALSO THE SPOKESMAN FOR WEAC TO THE LOCAL UNION
REPRESENTATIVE. LEBLANC'S DUTIES INCLUDE ATTENDING STAFF MEETINGS BOLIN
HAS WITH HIS BRANCH CHIEFS WHICH MAY INVOLVE PERSONNEL OR OTHER
CONFIDENTIAL LABOR RELATIONS MATTERS, AND SHE TAKES NOTES WHICH ARE NOT
DISTRIBUTED TO THE UNION. SHE OPENS ALL MAIL EXCEPT THAT WHICH REQUIRES
SECURITY CLEARANCE AND SHE HAS ACCESS TO THE FILES WHICH CONTAIN
CONFIDENTIAL LABOR RELATIONS MATERIALS. LEBLANC IS PRIVY TO
MANAGEMENT'S POSITION BEFORE IT IS ANNOUNCED AS WELL AS WEAC'S
PRIORITIES SUCH AS RESTRICTIONS ON TRAVEL FUNDS AND AFFIRMATIVE ACTION
PLANS.
AS CENTER DIRECTOR OF WEAC, THE EVIDENCE SUBSTANTIATES THAT BOLIN'S
DUTIES INVOLVE THE SUPERVISION OF WEAC, LABOR-MANAGEMENT NEGOTIATIONS
FOR WEAC AND ACTING AS THE SPOKESMAN FOR WEAC TO THE LOCAL UNION
REPRESENTATIVE. BASED UPON THE FOREGOING, THE AUTHORITY CONCLUDES THAT
BOLIN IS AN INDIVIDUAL WHO FORMULATES MANAGEMENT POLICY IN THE FIELD OF
LABOR-MANAGEMENT RELATIONS. FURTHER, DUE TO HIS INVOLVEMENT IN THE
FORMAL GRIEVANCE PROCEDURE AND IN OTHER LABOR-MANAGEMENT MATTERS SUCH
AS
PERFORMANCE APPRAISALS, THE AUTHORITY ALSO CONCLUDES THAT BOLIN
EFFECTUATES MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT
RELATIONS. AS SECRETARY TO BOLIN, LEBLANC PERFORMS ALL OF THE TYPING
FOR BOLIN INCLUDING THAT RELATING TO CONFIDENTIAL LABOR RELATIONS
MATTERS, ATTENDS AND TAKES NOTES AT STAFF MEETINGS WHICH MAY INVOLVE
CONFIDENTIAL LABOR RELATIONS MATTERS, OPENS ALL MAIL EXCEPT THAT
REQUIRING A SECURITY CLEARANCE, AND MAINTAINS FILES WHICH MAY CONTAIN
CONFIDENTIAL LABOR RELATIONS MATERIALS. BASED UPON THE FOREGOING, THE
AUTHORITY FINDS THAT GAIL LEBLANC ACTS IN A CONFIDENTIAL CAPACITY TO
BOLIN WHEN HE FORMULATES AND EFFECTUATES MANAGEMENT POLICY IN THE FIELD
OF LABOR-MANAGEMENT RELATIONS AND SHOULD BE EXCLUDED FROM THE EXCLUSIVE
BARGAINING UNIT. ACCORDINGLY, THE INCUMBENTS IN THOSE POSITIONS UNDER
CONTENTION HEREIN ARE "CONFIDENTIAL EMPLOYEES" WITHIN THE MEANING OF THE
STATUTE AND THEREFORE SHOULD BE EXCLUDED FROM THE CERTIFIED UNIT.
ORDER
IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED, FOR WHICH
THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, DISTRICT 1, WAS
CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE IN 1967, BE, AND IT HEREBY IS,
CLARIFIED BY EXCLUDING FROM SAID UNIT AS CONFIDENTIAL EMPLOYEES THE
INCUMBENTS IN THE POSITIONS OF SECRETARY (TYPING), GS-318-05, TO THE
ADMINISTRATIVE OFFICER OF THE BOSTON DISTRICT OFFICE; SECRETARY
(STENOGRAPHER), GS-318-06, TO THE SCIENCE DIRECTOR OF THE BOSTON
DISTRICT OFFICE; SECRETARY (DMT), GS-318-06, TO THE DISTRICT DIRECTOR
OF THE BOSTON DISTRICT OFFICE; SECRETARY (TYPING), GS-318-06, TO THE
DIRECTOR OF INVESTIGATIONS OF THE BOSTON DISTRICT OFFICE; SECRETARY
(DMT), GS-318-05, TO THE ANALYTICAL DIRECTOR OF THE WINCHESTER
ENGINEERING AND ANALYTICAL CENTER; SECRETARY (DMT), GS-318-05, TO THE
ENGINEERING DIRECTOR OF THE WINCHESTER ENGINEERING AND ANALYTICAL
CENTER; SECRETARY (TYPING), GS-318-04, TO THE ADMINISTRATIVE OFFICER OF
THE WINCHESTER ENGINEERING AND ANALYTICAL CENTER; AND SECRETARY
(STENOGRAPHER), GS-318-05, TO THE CENTER DIRECTOR OF THE WINCHESTER
ENGINEERING AND ANALYTICAL CENTER.
ISSUED, WASHINGTON, D.C., JULY 1, 1981
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES: ---------------
/1/ AFGE ORIGINALLY WAS RECOGNIZED AS THE EXCLUSIVE REPRESENTATIVE OF
EMPLOYEES OF THE UNITED STATES FOOD AND DRUG ADMINISTRATION-- BOSTON
DISTRICT, EXCLUDING MANAGEMENT OFFICIALS, SUPERVISORS, GUARDS, AND
EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY
CLERICAL CAPACITY AS DEFINED IN THE ORDER. SUBSEQUENTLY, IT APPEARS
THAT IS WAS REDESIGNATED AS THE BOSTON FIELD OFFICE, AND LATER, THE
BOSTON REGIONAL FIELD OFFICE. THE EMPLOYEES OF THE WINCHESTER
ENGINEERING AND ANALYTICAL CENTER (WEAC) WERE ACCRETED TO THE REGIONAL
FIELD OFFICE UNIT. DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, FOOD
AND DRUG ADMINISTRATION, REGION I, BOSTON REGIONAL FIELD OFFICE, BOSTON,
MASSACHUSETTS, 7 A/SLMR 319(1977). THE PETITION HEREIN DESCRIBES THE
PRESENT UNIT AS ALL EMPLOYEES OF THE BOSTON REGIONAL OFFICE, DISTRICT
OFFICE AND WINCHESTER ENGINEERING ANALYTICAL CENTER.
/2/ AT THE HEARING THE PARTIES STIPULATED THAT THE FACTS WERE NOT IN
DISPUTE AS TO THE SECRETARY TO THE ADMINISTRATIVE OFFICER OF THE BOSTON
DISTRICT OFFICE; THE SECRETARY OF THE ADMINISTRATIVE OFFICER, WEAC;
AND THE SECRETARY TO THE CENTER DIRECTOR, WEAC. THESE FACTS WERE
DEVELOPED BY THE TESTIMONY OF THE ADMINISTRATIVE OFFICER OF THE BOSTON
DISTRICT OFFICE; THE ADMINISTRATIVE OFFICER, WEAC; AND THE CENTER
DIRECTOR, WEAC, RESPECTIVELY.