09:0109(14)CU - Interior, Bureau of Mines, Twin Cities Research Center, Twin Cities,MN and AFGE Local 2249 -- 1982 FLRAdec RP

 9 FLRA No. 14
 
 DEPARTMENT OF THE INTERIOR,
 BUREAU OF MINES,
 TWIN CITIES RESEARCH CENTER,
 TWIN CITIES, MINNESOTA,
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 2249
 Labor Organization/Petitioner
 
                                            Case No. 5-CU-31
 
         DECISION AND ORDER ON PETITION FOR CLARIFICATION OF UNIT
 
    UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS 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 AUTHORITY HAS REVIEWED THE HEARING
 OFFICER'S RULINGS MADE AT THE HEARING AND FINDS THAT THEY ARE FREE FROM
 PREJUDICIAL ERROR.  /1/ THE RULINGS ARE HEREBY AFFIRMED.
 
    UPON THE ENTIRE RECORD IN THIS CASE, /2/ THE AUTHORITY FINDS:
 
    THE ACTIVITY, THE TWIN CITIES RESEARCH CENTER OF THE BUREAU OF MINES
 (CENTER), IS RESPONSIBLE FOR CONDUCTING RESEARCH PROGRAMS INVOLVING THE
 HEALTH AND SAFETY OF MINERS, IMPROVEMENTS IN PRODUCTIVITY IN MINING,
 PROTECTION OF THE ENVIRONMENT, AND OTHER RELATED RESEARCH.  THE CENTER
 IS HEADED BY A RESEARCH DIRECTOR AND A DEPUTY RESEARCH DIRECTOR WHO HAVE
 A PROFESSIONAL STAFF THAT INCLUDES AN ASSISTANT TO THE RESEARCH DIRECTOR
 AND TWO STAFF ENGINEERS.  THE CENTER IS DIVIDED INTO SEVEN DIVISIONS,
 EACH HEADED BY A RESEARCH SUPERVISOR WHO IS RESPONSIBLE FOR A SPECIFIC
 AREA OF RESEARCH.  EACH RESEARCH SUPERVISOR HAS HIS OWN SECRETARY WHO
 HANDLES ALL TYPING FOR THE DIVISION.  THE ADMINISTRATIVE OFFICE IS
 HEADED BY AN ADMINISTRATIVE OFFICER WHO HAS HIS OWN SECRETARY.  THE
 PERSONNEL OFFICER HAS A PERSONNEL CLERK ON HIS STAFF WHO ALSO ACTS AS
 HIS SECRETARY.  THE CENTER ALSO EMPLOYS 12 INDIVIDUALS REFERRED TO AS
 "FACULTY MEMBERS" ON THE BASIS OF A NONCOMPETITIVE, INTERMITTENT OR WAE
 (WHEN ACTUALLY EMPLOYED) APPOINTMENT WHO ARE CALLED ON AS NEEDED FOR
 SPECIFIC PROJECTS.  THESE INCUMBENTS ARE MEMBERS OF FACULTIES OF VARIOUS
 UNIVERSITIES WHO POSSESS ACADEMIC OR RESEARCH CREDENTIALS IN AREAS
 OCCASIONALLY REQUIRED BY THE CENTER.
 
    THE PETITIONER, THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 LOCAL 2249, AFL-CIO (AFGE), SEEKS TO CLARIFY AN EXISTING EXCLUSIVELY
 RECOGNIZED UNIT OF ALL (APPROXIMATELY 200) NONSUPERVISORY,
 NONPROFESSIONAL AND PROFESSIONAL EMPLOYEES OF THE ACTIVITY, TO INCLUDE
 THE INCUMBENTS OF 24 POSITIONS IN THE UNIT.  THE ACTIVITY CONTENDS THAT
 THE INCUMBENTS OF THE DISPUTED POSITIONS ARE EITHER CONFIDENTIAL
 EMPLOYEES, INDIVIDUALS ENGAGED IN PERSONNEL WORK IN OTHER THAN A PURELY
 CLERICAL CAPACITY, MANAGEMENT OFFICIALS, OR INTERMITTENTLY EMPLOYED
 FACULTY MEMBERS WHO LACK A CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST
 WITH MEMBERS OF THE BARGAINING UNIT.  THE DISPUTED POSITIONS ARE
 DISCUSSED BELOW.
 
    SECRETARY (TYPING) TO THE RESEARCH SUPERVISOR FOR FRAGMENTATION AND
 COMMINUTION, GS-318-05;  SECRETARY (STENOGRAPHY) TO THE SUPERVISOR FOR
 MINERALS RECOVERY AND PLANT SAFETY, GS-318-05;  SECRETARY (TYPING) TO
 THE RESEARCH SUPERVISOR FOR DUST AND EMISSION, GS-318-05;  SECRETARY
 (TYPING) TO THE RESEARCH SUPERVISOR FOR PREMINING AND ENVIRONMENT,
 GS-318-05;  SECRETARY (TYPING, DMT) TO THE RESEARCH SUPERVISOR FOR
 SURFACE MINING, GS-318-05;  SECRETARY (STENOGRAPHY) TO THE RESEARCH
 SUPERVISOR FOR LEACHING PROCESSES AND WATER POLLUTION, GS-318-05;
 SECRETARY (TYPING) TO THE RESEARCH SUPERVISOR FOR BLASTING TECHNOLOGY
 AND IN SITU MINING, GS-318-05;  SECRETARY (TYPING) TO THE ADMINISTRATIVE
 OFFICER, GS-318-05.
 
    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," AND SECTION 7112(B)(2) PROVIDES THAT A UNIT
 CANNOT BE DETERMINED TO BE APPROPRIATE IF IT INCLUDES A "CONFIDENTIAL
 EMPLOYEE." THE AUTHORITY FINDS THAT THESE EIGHT SECRETARIES ARE
 CONFIDENTIAL EMPLOYEES WITHIN THE MEANING OF SECTION 7103(A)(13) OF THE
 STATUTE.  THE RECORD ESTABLISHES THAT SEVEN OF THE EIGHT ARE SECRETARIES
 TO RESEARCH SUPERVISORS WHO HEAD VARIOUS DIVISIONS WITHIN THE CENTER;
 ONE EMPLOYEE IS THE SECRETARY TO THE ADMINISTRATIVE OFFICER WHO HEADS
 THE ADMINISTRATIVE OFFICE.  THESE OFFICIALS ARE INVOLVED IN PERSONNEL
 MATTERS AS THEY ARE RESPONSIBLE FOR THE OVERALL DIRECTION OF THEIR
 RESPECTIVE DIVISIONS AND OFFICE INCLUDING THE ADJUSTMENT OF GRIEVANCES
 AT THE SECOND LEVEL.  THEREFORE, THE AUTHORITY CONCLUDES THAT EACH
 OFFICIAL IS AN INDIVIDUAL WHO EFFECTUATES MANAGEMENT POLICY IN THE FIELD
 OF LABOR-MANAGEMENT RELATIONS.  FOOD AND DRUG ADMINISTRATION, REGION 1,
 6 FLRA NO. 38 (1981).  FURTHER, EACH OF THE EIGHT EMPLOYEES IN DISPUTE,
 AS SECRETARY TO ONE OF THE ABOVE OFFICIALS, PERFORMS ALL OF THE TYPING
 FOR THE LATTER, INCLUDING THAT RELATING TO THE CONFIDENTIAL
 LABOR-MANAGEMENT MATTERS REFERRED TO ABOVE;  HAS ADVANCE NOTICE OF
 PERSONNEL ACTIONS;  AND MAINTAINS AND HAS ACCESS TO FILES WHICH CONTAIN
 CONFIDENTIAL LABOR RELATIONS MATERIALS.  BASED UPON THE FOREGOING, THE
 AUTHORITY FINDS THAT EACH OF THESE EIGHT EMPLOYEES ACTS IN A
 CONFIDENTIAL CAPACITY TO AN INDIVIDUAL WHEN THE LATTER EFFECTUATES
 MANAGEMENT POLICY IN THE FIELD OF LABOR-MANAGEMENT RELATIONS.
 ACCORDINGLY, THE AUTHORITY SHALL EXCLUDE THESE EMPLOYEES FROM THE
 BARGAINING UNIT.
 
    PERSONNEL CLERK (TYPING), GS-203-04
 
    THE AUTHORITY ALSO FINDS THAT BARBARA A. RAMOS, WHO FUNCTIONS AS THE
 SECRETARY TO THE PERSONNEL OFFICER, RONALD G. TROOP, IS A CONFIDENTIAL
 EMPLOYEE WITHIN THE MEANING OF SECTION 7103(A)(13).  /3/ IN THIS REGARD,
 TROOP IS INVOLVED IN PERSONNEL MATTERS AND THE ADJUSTMENT OF GRIEVANCES,
 IS RESPONSIBLE FOR THE PERSONNEL OFFICE, AND IS MANAGEMENT'S
 REPRESENTATIVE IN LABOR RELATIONS.  THEREFORE, THE AUTHORITY CONCLUDES
 THAT HE IS AN INDIVIDUAL WHO EFFECTUATES MANAGEMENT POLICY IN THE FIELD
 OF LABOR-MANAGEMENT RELATIONS.  THE RECORD FURTHER ESTABLISHES THAT
 RAMOS PERFORMS ALL THE TYPING FOR TROOP, INCLUDING THAT RELATING TO THE
 CONFIDENTIAL LABOR RELATIONS MATTERS REFERRED TO ABOVE;  HAS ADVANCE
 KNOWLEDGE OF PERSONNEL ACTIONS;  HAS ACCESS TO MANAGEMENT'S NEGOTIATION
 INFORMATION;  AND MAINTAINS AND HAS ACCESS TO THE PERSONNEL FILES WHICH
 CONTAIN CONFIDENTIAL LABOR RELATIONS MATERIALS.  BASED UPON THE
 FOREGOING, THE AUTHORITY CONCLUDES THAT BARBARA A. RAMOS ACTS IN A
 CONFIDENTIAL CAPACITY TO RONALD TROOP WHO EFFECTUATES MANAGEMENT POLICY
 IN THE FIELD OF LABOR-MANAGEMENT RELATIONS.  ACCORDINGLY, THE AUTHORITY
 SHALL EXCLUDE RAMOS FROM THE BARGAINING UNIT.
 
    ASSISTANT TO RESEARCH DIRECTOR, GS-1321-14;  STAFF ENGINEER,
 GS-880-14;  AND STAFF ENGINEER, GS-1301(92)-13
 
    THE INCUMBENTS OF THESE POSITIONS ARE ALLEGED BY THE ACTIVITY TO BE
 MANAGEMENT OFFICIALS.  THE AUTHORITY FINDS THAT WARREN M. MAHAN, THE
 ASSISTANT TO THE RESEARCH DIRECTOR, AND ONE OF THE TWO STAFF ENGINEERS,
 RICHARD A. DICK, ARE MANAGEMENT OFFICIALS WITHIN THE MEANING OF SECTION
 7103(A)(11) OF THE STATUTE.  HOWEVER, THE RECORD DOES NOT SUPPORT A
 FINDING THAT ROBERT J. WILLARD, THE OTHER STAFF ENGINEER, IS A
 MANAGEMENT OFFICIAL, AND HE WILL BE INCLUDED IN THE UNIT.
 
    SECTION 7112(B)(1) OF THE STATUTE PROVIDES THAT A UNIT WILL NOT BE
 DETERMINED TO BE APPROPRIATE IF IT INCLUDES ANY MANAGEMENT OFFICIAL.
 SECTION 7103(A)(11) 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." THE AUTHORITY INTERPRETED THE
 FOREGOING DEFINITION IN DEPARTMENT OF THE NAVY, AUTOMATIC DATA
 PROCESSING SELECTION OFFICE, 7 FLRA NO. 24 (1981), AND CONCLUDED THAT:
 
    (T)HE DEFINITION OF MANAGEMENT OFFICIAL IN SECTION 7103(A)(11) OF THE
 STATUTE INCLUDES
 
    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, PLAN 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.
 
    IN DETERMINING THAT WARREN M. MAHAN IS A MANAGEMENT OFFICIAL, IT IS
 NOTED THAT, AS ASSISTANT TO THE RESEARCH DIRECTOR, HE SHARES
 RESPONSIBILITY FOR, AND PARTICIPATES IN, ALL TECHNICAL AND
 ADMINISTRATIVE FUNCTIONS AS WELL AS THE MANAGEMENT OF ALL ACTIVITIES AT
 THE CENTER.  MAHAN MAKES INDEPENDENT DECISIONS WITHIN BROAD AGENCY
 GUIDELINES AND HIS ACTIONS ARE REVIEWED BY THE RESEARCH DIRECTOR SOLELY
 TO CHECK FOR CONSISTENCY WITH ESTABLISHED PROGRAMS.  HE ALSO PLANS
 RESEARCH PROJECTS WITH THE RESEARCH DIRECTOR AND THE MANAGEMENT STAFF,
 MONITORS THE PROJECTS BY EVALUATING REPORTS AND MEETING WITH THE
 RESEARCH SUPERVISORS IN CHARGE, AND SERVES AS TECHNICAL ADVISOR TO THE
 ENTIRE METALLURGY STAFF AT THE CENTER.  IN ADDITION, HIS RECOMMENDATIONS
 AND FINDINGS ARE ACCEPTED AS AUTHORITATIVE AND ARE FREQUENTLY
 IMPLEMENTED;  THUS, HIS JUDGMENTS DIRECTLY INFLUENCE THE FORMULATION AND
 DEVELOPMENT OF PROGRAMS AND POLICY.  MOREOVER, HE HAS THE AUTHORITY TO
 ACT FOR THE RESEARCH DIRECTOR AND THE BUREAU OF MINES AND TO COMMIT
 FUNDS AND FACILITIES OF THE BUREAU.
 
    ACCORDINGLY, MAHAN BRINGS ABOUT OR OBTAINS RESULTS AS TO THE ADOPTION
 OF PLANS OR COURSES OF ACTION FOR THE BUREAU.  IN THIS REGARD, MAHAN'S
 FUNCTIONS GO BEYOND THE ROLE OF AN EXPERT OR PROFESSIONAL RENDERING
 INFORMATION WITH RESPECT TO POLICIES AND EXTEND TO THE POINT OF
 EFFECTIVE PARTICIPATION IN THE ULTIMATE DETERMINATION AS TO WHAT THE
 AGENCY'S POLICIES IN FACT WILL BE REGARDING ADMINISTRATIVE AND TECHNICAL
 PROGRAMS.  ACCORDINGLY, THE AUTHORITY FINDS THAT WARREN M. MAHAN SHOULD
 BE EXCLUDED FROM THE EXCLUSIVELY RECOGNIZED UNIT.  SEE U.S. COAST GUARD
 HEADQUARTERS, WASHINGTON, D.C., 7 FLRA NO. 119 (1982).
 
    IN FINDING THAT STAFF ENGINEER RICHARD A. DICK IS A MANAGEMENT
 OFFICIAL, IT IS NOTED THAT, AS THE TECHNOLOGY TRANSFER OFFICER, DICK
 SURVEYS THE TECHNOLOGIES THAT ARE DEVELOPED AT THE CENTER AND DETERMINES
 WHICH ARE OF USE TO INDUSTRY.  IN THIS REGARD, HE USES INDEPENDENT
 JUDGMENT AND DISCRETION TO PLAN, BUDGET, SCHEDULE AND IMPLEMENT RESEARCH
 AND DEVELOPMENT PROGRAMS.  FURTHER, HE DIRECTS THE WORK OF OTHERS TO
 INSURE THAT SUCH PROGRAMS ARE COMPLETED IN ACCORDANCE WITH PROGRAM
 OBJECTIVES.  IN ADDITION, DICK'S RECOMMENDATIONS CARRY CONSIDERABLE
 WEIGHT AND ARE GENERALLY IMPLEMENTED, AND, AS A RESULT OF HIS
 RECOMMENDATIONS, POLICY DECISIONS ARE MADE THAT HAVE AN EFFECT ON THE
 WORKING CONDITIONS OF CENTER EMPLOYEES.  THUS, BASED UPON THE FOREGOING,
 THE INCUMBENT IS A MANAGEMENT OFFICIAL WITHIN THE AUTHORITY'S
 INTERPRETATION OF SECTION 7103(A)(11) IN THAT HE IS MORE THAN AN EXPERT
 OR PROFESSIONAL RENDERING RESOURCE INFORMATION BUT RATHER HE BRINGS
 ABOUT OR OBTAINS A RESULT AS TO THE ADOPTION OF PLANS OR COURSES OF
 ACTION OF THE BUREAU.  U.S. COAST GUARD HEADQUARTERS, WASHINGTON, D.C.,
 SUPRA.  ACCORDINGLY, THE AUTHORITY SHALL EXCLUDE RICHARD A. DICK FROM
 THE EXCLUSIVELY RECOGNIZED UNIT.
 
    IN DETERMINING THAT STAFF ENGINEER ROBERT J. WILLARD IS NOT A
 MANAGEMENT OFFICIAL, THE AUTHORITY NOTES THAT ALTHOUGH WILLARD HOLDS THE
 SAME JOB TITLE AS RICHARD DICK, WILLARD'S POSITION WAS RECENTLY CREATED
 PRIMARILY TO PROVIDE ADDITIONAL STAFF SUPPORT IN CONDUCTING RESEARCH
 WHENEVER AND WHEREVER IT IS NEEDED AT THE CENTER AND THAT WILLARD
 CONSEQUENTLY IS LIMITED TO FUNCTIONING WITHIN PRE-EXISTING PROGRAMS.  IT
 IS FURTHER NOTED THAT ALTHOUGH HE ASSISTS TOP MANAGEMENT IN MAINTAINING
 THE CENTER'S OBJECTIVES, OVERSEES RESEARCH, AND RECOMMENDS WHERE AND
 WHAT TYPE RESEARCH IS NEEDED, HE PERFORMS AS DIRECTED BY HIS SUPERIORS
 AND HIS RECOMMENDATIONS ARE REVIEWED BY OTHER OFFICIALS AS THOSE OF AN
 EXPERT OR PROFESSIONAL RATHER THAN THOSE OF A MANAGEMENT OFFICIAL WHO
 FORMULATES, DETERMINES, OR INFLUENCES AGENCY POLICY.  ACCORDINGLY, THE
 AUTHORITY FINDS THAT ROBERT J. WILLARD SHOULD BE INCLUDED IN THE
 BARGAINING UNIT.
 
    FACULTY MEMBER (METALLURGIST), GS-1321-13;  FACULTY MEMBER (MINING
 ENGINEER), GS-880-14;  FACULTY MEMBER (GEOLOGIST), GS-1350-15;  FACULTY
 MEMBER (TECHNICAL PUBLICATIONS EDITOR-ENGINEERING), GS-1083-12;  FACULTY
 MEMBER (CIVIL ENGINEER), GS-810-12;  FACULTY MEMBER (MECHANICAL
 ENGINEER), GS-830-13;  FACULTY MEMBER (MINING ENGINEER), GS-880-12;
 FACULTY MEMBER (GEOLOGIST), GS-1350-13;  FACULTY MEMBER (MINING
 ENGINEER), GS-880-13;  FACULTY MEMBER (MECHANICAL ENGINEER), GS-830-12;
 FACULTY MEMBER (RESEARCH PHYSICIST), GS-1310-13;  FACULTY MEMBER
 (ENVIRONMENTAL SPECIALIST-- MINING), GS-1301-12.
 
    THE AUTHORITY FINDS THAT THESE TWELVE FACULTY MEMBERS DO NOT SHARE A
 CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST WITH UNIT EMPLOYEES AND
 THEREFORE SHOULD BE EXCLUDED FROM THE UNIT.  /4/ IN MAKING THE ABOVE
 DETERMINATION, IT IS NOTED THAT THE FACULTY MEMBERS ARE HIRED AS
 INTERMITTENT OF WAE (WHEN ACTUALLY EMPLOYED) EMPLOYEES AND THUS ARE
 PERMITTED TO WORK NO MORE THAN 130 DAYS PER YEAR.  THE AUTHORITY HAS
 HELD THAT INTERMITTENT EMPLOYEES MAY BE INCLUDED WITHIN THE BARGAINING
 UNIT ONLY IF THEY SHARE A COMMUNITY OF INTEREST WITH UNIT EMPLOYEES
 WHICH INCLUDES, INTER ALIA, A REASONABLE EXPECTANCY OF CONTINUED
 EMPLOYMENT.  ARMY AND AIR FORCE EXCHANGE SERVICE, PANAMA AREA EXCHANGE,
 7 FLRA NO. 76 (1981).  IN THE INSTANT CASE, THE FACULTY MEMBERS DO NOT
 HAVE A FIXED TOUR OF DUTY BUT RATHER WORK ON A PROJECT BASIS AND HAVE NO
 REASON TO EXPECT TO GET AN ASSIGNMENT FROM ONE YEAR TO THE NEXT.  THUS,
 DURING FISCAL YEARS 1979 AND 1980, OF THE 12 FACULTY MEMBERS AT ISSUE
 FOUR DID NOT WORK, THREE WORKED ONLY DURING ONE OF THE TWO YEARS AND OF
 THE REMAINING FIVE WHO WORKED IN BOTH YEARS, THE TOTAL TIME WORKED WAS
 AS LITTLE AS 83 HOURS IN ONE INSTANCE.  UNDER THESE CIRCUMSTANCES, THE
 AUTHORITY CONCLUDES THAT THE FACULTY MEMBERS DO NOT HAVE A REASONABLE
 EXPECTANCY OF CONTINUED EMPLOYMENT.  MOREOVER, AS ESTABLISHED BY THE
 RECORD, THE INCUMBENT FACULTY MEMBERS HAVE SKILLS AND WORKING CONDITIONS
 DIFFERENT FROM THOSE OF BARGAINING UNIT EMPLOYEES IN THAT THEY MUST
 RETAIN THEIR STATUS AS PROFESSORS WITH THEIR RESPECTIVE UNIVERSITIES IN
 ORDER TO BE ELIGIBLE FOR ASSIGNMENT TO PROJECTS BY THE ACTIVITY, AND ARE
 NOT REQUIRED TO UNDERTAKE ANY WORK THE CENTER ASKS THEM TO DO BUT RATHER
 MAY SELECT IF, HOW, WHEN AND WHERE THEY WILL WORK.  ACCORDINGLY, THE
 AUTHORITY SHALL EXCLUDE THE FACULTY MEMBERS FROM THE BARGAINING UNIT.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED, FOR WHICH
 THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2249,
 WAS RECOGNIZED AS THE EXCLUSIVE REPRESENTATIVE IN 1963, BE, AND IT
 HEREBY IS, CLARIFIED BY (1) EXCLUDING FROM SAID UNIT AS CONFIDENTIAL
 EMPLOYEES THE INCUMBENTS IN THE POSITIONS OF SECRETARY (TYPING),
 GS-318-05, TO THE RESEARCH SUPERVISOR FOR FRAGMENTATION AND COMMINUTION;
  SECRETARY (STENOGRAPHY), GS-318-05, TO THE RESEARCH SUPERVISOR FOR
 MINERALS RECOVERY AND PLANT SAFETY;  SECRETARY (TYPING), GS-318-05, TO
 THE RESEARCH SUPERVISOR FOR DUST AND EMISSION;  SECRETARY (TYPING),
 GS-318-05, TO THE RESEARCH SUPERVISOR FOR PREMINING AND ENVIRONMENT;
 SECRETARY (TYPING, DMT), GS-318-05, TO THE RESEARCH SUPERVISOR FOR
 SURFACE MINING;  SECRETARY (STENOGRAPHY), GS-318-05, TO THE RESEARCH
 SUPERVISOR FOR LEACHING PROCESSES AND WATER POLLUTION;  SECRETARY
 (TYPING), GS-318-05, TO THE RESEARCH SUPERVISOR FOR BLASTING TECHNOLOGY
 AND IN SITU MINING;  SECRETARY (TYPING), GS-318-05, TO THE
 ADMINISTRATIVE OFFICER;  AND PERSONNEL CLERK (TYPING), GS-203-04;  BY
 (2) EXCLUDING FROM SAID UNIT AS MANAGEMENT OFFICIALS THE INCUMBENTS IN
 THE POSITIONS OF ASSISTANT TO THE RESEARCH DIRECTOR, GS-1321-14 AND THE
 STAFF ENGINEER, GS-880-14;  BY (3) EXCLUDING FROM SAID UNIT FOR LACK OF
 COMMUNITY OF INTEREST THE INCUMBENTS IN THE POSITIONS OF FACULTY MEMBER
 (METALLURGIST), GS-1321-13;  FACULTY MEMBER (MINING ENGINEER),
 GS-880-14;  FACULTY MEMBER (GEOLOGIST), GS-1350-15;  FACULTY MEMBER
 (TECHNICAL PUBLICATIONS EDITOR-ENGINEERING), GS-1083-12;  FACULTY MEMBER
 (CIVIL ENGINEER), GS-810-12;  FACULTY MEMBER (MECHANICAL ENGINEER),
 GS-830-13;  FACULTY MEMBER (MINING ENGINEER), GS-880-12;  FACULTY MEMBER
 (GEOLOGIST), GS-1350-13;  FACULTY MEMBER (MINING ENGINEER), GS-880-13;
 FACULTY MEMBER (MECHANICAL ENGINEER), GS-810-12;  FACULTY MEMBER
 (RESEARCH PHYSICIST), GS-1310-13;  AND FACULTY MEMBER (ENVIRONMENTAL
 SPECIALIST-MINING), GS-1301-12.
 
    IT IS FURTHER ORDERED THAT THE PETITION IN CASE NO. 5-CU-31 BE, AND
 IT HEREBY IS DISMISSED AS TO THE REMAINING INCUMBENT.
 
    ISSUED, WASHINGTON, D.C., JUNE 16, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
                       HENRY B. FRAZIER III, MEMBER
                       LEON B. APPLEWHAITE, MEMBER
                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ THE PETITIONER'S ALLEGATION THAT THE ACTIVITY'S ATTEMPTED
 EXCLUSION OF CERTAIN POSITIONS FROM THE BARGAINING UNIT RESULTED IN SEX
 DISCRIMINATION RAISES AN ISSUE NOT WITHIN THE AUTHORITY'S JURISDICTION.
 
    /2/ THE PETITIONER'S BRIEF WHICH WAS UNTIMELY FILED HAS NOT BEEN
 CONSIDERED.
 
    /3/ THE ACTIVITY CONTENDS THAT RAMOS SHOULD BE EXCLUDED FROM THE
 BARGAINING UNIT AS "AN EMPLOYEE ENGAGED IN PERSONNEL WORK IN OTHER THAN
 A PURELY CLERICAL CAPACITY" UNDER SECTION 7112(B)(3) OF THE STATUTE.
 HOWEVER, IN VIEW OF THE FINDING THAT RAMOS IS A CONFIDENTIAL EMPLOYEE,
 IT IS UNNECESSARY FOR THE AUTHORITY TO ADDRESS THAT CONTENTION.
 
    /4/ SECTION 7112(A)(1) OF THE STATUTE STATES THAT A UNIT WILL BE
 APPROPRIATE ". . . ONLY IF THE DETERMINATION WILL ENSURE A CLEAR AND
 IDENTIFIABLE COMMUNITY OF INTEREST AMONG THE EMPLOYEES IN THE UNIT AND
 WILL PROMOTE EFFECTIVE DEALINGS WITH, AND EFFICIENCY OF THE OPERATIONS
 OF, THE AGENCY INVOLVED."