15:0208(40)CU - IRS, Kansas City Service Center and NTEU -- 1984 FLRAdec RP

 15 FLRA No. 40
 
 INTERNAL REVENUE SERVICE
 KANSAS CITY SERVICE CENTER
 Activity
 
 and
 
 NATIONAL TREASURY EMPLOYEES UNION
 Petitioner
 
                                            Case No. 7-CU-30010
 
                    DECISION AND ORDER CLARIFYING 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 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 as the exclusive representative for
 a consolidated unit of all nonprofessional employees of the Internal
 Revenue Service Centers, The Data Center, Detroit, Michigan, The
 National Computer Center, Martinsburg, West Virginia, and all
 professional and nonprofessional General Schedule and Wage Grade
 employees, including seasonal (WAE) and part-time employees employed by
 the Internal Revenue Service, North Atlantic Service Center, Andover,
 Massachusetts.  Essentially, the petition seeks to clarify the
 bargaining unit status of Maida Bluhm, Management Analyst, GS-343-11
 (Compliance Activity Coordinator, Compliance Division);  Charles Ball,
 Management Analyst, GS-343-11 (Resources Management Division);  John
 Hatfield, Space Program Analyst, GS-301-11 (Resources Management
 Division);  and Penrod Turk, Space Program Analyst, GS-301-11 (Resources
 Management Division) based on the Activity's allegation that they are
 management officials /1/ and must be excluded from the unit.  /2/ In the
 lead case of Department of the Navy, Automatic Data Processing Selection
 Office, 7 FLRA 172 (1981), the Authority interpreted the statutory
 definition of "management official" to include 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, plans 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.  Applying these criteria to the
 instant case, the Authority finds that Charles Ball is a management
 official and shall order his exclusion from the bargaining unit.  Thus,
 the record establishes that Ball's major function is the review of the
 Activity's work practices and policies which he may change to improve
 the efficiency of the Activity's operations.  In this regard he has
 developed the Activity's Underreporter Program and the Travel Management
 Program and can commit Activity funds and resources through direct
 negotiations with vendors servicing the Activity.  It follows that his
 responsibilities require and authorize him to formulate, determine, or
 influence the policies of the Activity within the meaning of section
 7103(a)(11) of the Statute as interpreted by the Authority.
 
    With respect to the other alleged management officials, the Authority
 finds that they are professionals whose actions assist in implementing,
 as opposed to shaping, the Activity's policies.  The record establishes
 that Bluhm's /3/ major function is the implementation of the automation
 program involving the existing manual system as it pertains to the
 microcomputers in the Compliance Division of the Activity and that Turk
 and Hatfield are engaged in the routine planning and utilization of
 designated space for placement of new equipment.  As these incumbents do
 not exercise any duties and responsibilities which require or authorize
 them to formulate, determine, or influence the policies of the Activity,
 they are not management officials within the meaning of section
 7103(a)(11).  Accordingly, the Authority finds that these incumbents
 should remain in the bargaining unit.
 
                                   ORDER
 
    IT IS ORDERED that the unit sought to be clarified herein be, and it
 hereby is, clarified by excluding from said unit Charles Ball,
 Management Analyst, GS-343-11 (Resources Management Division) and by
 including in said unit Maida Bluhm, Management Analyst, GS-343-11
 (Compliance Activity Coordinator, Compliance Division);  John Hatfield,
 Space Program Analyst, GS-301-11 (Resources Management Division);  and
 Penrod Turk, Space Program Analyst, GS-301-11 (Resources Management
 Division).
 
    Issued, Washington, D.C., July 2, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ Section 7103(a)(11) of the Statute 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 . . . .
 
 
    /2/ During the course of the hearing, the parties stipulated that
 incumbents in certain job classifications should be removed from
 consideration herein.  The Authority deems such stipulations to be
 motions to amend the petition which are hereby granted.
 
 
    /3/ The Activity contends that Bluhm is only a temporary employee and
 should be excluded from the unit.  The record indicates and the
 Authority finds that while Bluhm may be on detail to her present
 position which will expire in a short period of time, she does have a
 permanent position and is a full-time permanent employee of the
 Activity.