13:0388(63)CU - Treasury, IRS, Portsmouth District Office, Portsmouth, NH AND NTEU and NTEU Chapter 11 -- 1983 FLRAdec RP

 13 FLRA No. 63
 
 DEPARTMENT OF THE TREASURY
 INTERNAL REVENUE SERVICE
 PORTSMOUTH DISTRICT OFFICE
 PORTSMOUTH, NEW HAMPSHIRE
 Activity
 
 and
 
 NATIONAL TREASURY EMPLOYEES
 UNION AND NATIONAL TREASURY
 EMPLOYEES UNION, CHAPTER 11
 Petitioner
 
                                            Case No. 1-CU-20006
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    Upon a petition duly filed with the Authority under section
 7111(b)(2) of the Federal Service Labor-Management Relations Statute
 (the Statute), a hearing was held before a hearing office of the
 Authority.  The hearing officer's rulings made at the hearing are free
 from prejudicial error and are hereby affirmed.
 
    Upon careful consideration of the entire record, including the
 parties' contentions, the Authority finds:  The National Treasury
 Employees Union (NTEU) was certified on March 27, 1980 as the exclusive
 representative for a consolidated unit of all nonprofessional employees
 of the Internal Revenue Service District Offices, Regional Offices and
 National Office.  /1/ Essentially, the amended petition seeks to clarify
 the bargaining unit status of Eileen Botto, Secretary (Typing),
 GS-318-04;  Caroline Nolan, Secretary (Typing), GS-318-04;  and Frances
 Ryder, Secretary (Typing), GS-318-04, whom the Activity contends should
 be excluded from the unit on the ground that they are confidential
 employees within the meaning of section 7103(a)(13) of the Statute.  /2/
 
    The Activity is one of the Internal Revenue Service's streamlined
 districts where, in lieu of a Division Chief, there are three Group
 Managers who handle the duties performed elsewhere by Division Chiefs.
 These duties include attending regularly scheduled labor-management
 meetings, meeting with NTEU on changes in working conditions and
 policies, and handling grievances, adverse actions and other labor
 relations matters.  Based on the above, the Authority finds that the
 Group Managers are individuals who effectuate management policies in the
 field of labor-management relations.
 
    Each of the employees involved herein is the personal secretary to a
 Group Manager.  Their duties include:  the typing of correspondence,
 including such items as adverse action letters, internal management
 memos on labor relations problems, employee evaluations, responses to
 employee grievances, and answers to unfair labor practice charges;  the
 filing of confidential papers;  and the maintenance of employee
 personnel files and their Group Manager's locked files for which they
 have a key.  Thus, the Authority finds that they are confidential
 employees within the meaning of section 7103(a)(13) of the Statute as
 they act in a confidential capacity with respect to individuals who
 formulate or effectuate management policy in the field of
 labor-management relations.  Department of the Interior, Bureau of
 Mines, Twin Cities Research Center, Twin Cities, Minnesota, 9 FLRA No.
 14 (1982).  Accordingly, the Authority shall order that they be excluded
 from the recognized unit.
 
                                   ORDER
 
    IT IS ORDERED that the unit sought to be clarified be, and it hereby
 is, clarified by excluding from said unit Eileen Botto, Secretary
 (Typing), GS-318-04;  Caroline Nolan, Secretary (Typing), GS-318-04;
 and Frances Ryder, Secretary (Typing), GS-318-04.  
 
 Issued, Washington, D.C., November 9, 1983
 
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ National Treasury Employees Union, Chapter 11, is the agent of
 NTEU for the segment of the employees in the nationwide unit located in
 the Department of Treasury, Internal Revenue Service, Portsmouth
 District Office, Portsmouth, New Hampshire.
 
 
    /2/ Section 7103(a)(13) defines a "confidential employee" as:
 
       . . . an employee who acts in a confidential capacity with respect
       to an individual who formulates or effectuates management policies
       in the field of labor-management relations(.)