Defense Mapping Agency, Providence Field Office and American Federation of Government Employees, Local 1884 (Authority decision, September 28, 1983)

Final FLRA representation decision. The Authority clarified the bargaining unit in this decision. This appropriate-unit determination is excluded from the 60-day judicial-review provision by 5 U.S.C. § 7123(a)(2).

Plain-English summary

The Defense Mapping Agency sought to exclude a security specialist and security assistant from its Providence bargaining unit. Both handled top secret materials, controlled access to a secure vault, and operated equipment for classified transmissions. The Authority found that their work directly affected national security. It excluded both positions from the unit. The outcome is classified as other because this was an original unit clarification petition, without review of a Regional Director decision.

Decision snapshot

• Authority: 5 U.S.C. § 7112(b)(6).
• Outcome: Unit clarified to exclude both security positions.
• Key point: Direct control of highly classified material placed the employees within the national security exclusion.

Full text (FLRA public release)

[ v13 p128 ]

13:0128(30)CU

The decision of the Authority follows:

13 FLRA No. 30

DEFENSE MAPPING AGENCY
HYDROGRAPHIC/TOPOGRAPHIC CENTER
PROVIDENCE OFFICE, BROOKSIDE AVENUE
WEST WARWICK, RHODE ISLAND,
DEPARTMENT OF DEFENSE
Activity/Petitioner

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1884, AFL-CIO
Labor Organization /1/

Case No. 1-CU-20004

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 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 American Federation of Government Employees, Local 1884, AFL-CIO (AFGE) was recognized on July 23, 1962 as the exclusive representative for a unit of all nonsupervisory employees of the Defense Mapping Agency, Hydrographic/Topographic Center, Providence Field Office. In its petition, the Activity/Petitioner seeks to exclude the incumbents in the job classifications of Security Specialist (General), GS-080-11, PN37016 and Security Assistant, GS-080-07, PN37152 from the recognized unit on the ground that they are engaged in national security work or, in the alternative, because they are engaged in personnel work in other than a purely clerical capacity. Additionally, the Activity/Petitioner contends that the Security Specialist (General) should be excluded because he is a supervisor. /2/

The Activity/Petitioner primarily argues that the two incumbents involved herein are engaged in work which directly affects national security within the meaning of section 7112(b)(6) of the Statute. /3/ The mission of the Activity/Petitioner is to provide topographic, hydrographic, navigational and geodetic data, maps, charts, and related products and services to the Armed Forces of the United States, the Department of Defense, and other federal agencies, and to the Merchant Marine and mariners in general. The employees involved herein are attached to the Security Division and are responsible for the maintenance of a large vault where top secret material is kept. While all employees are required to have a top secret clearance, the incumbents are among the few employees of the Activity/Petitioner who have a top secret clearance as well as a "special access clearance" which allows them access to the vault. In this regard, they are responsible for: the unpacking and logging in of top secret materials; the packaging and shipment of top secret materials; the destruction of certain top secret materials; and supplying the technicians of the Activity/Petitioner with top secret materials from the vault. Another area of the incumbents' responsibility is in the operation of the special communication equipment that is used for transmitting top secret information, which includes setting the daily codes to be used in such transmission, transmitting the information and destroying the codes after they are used.

Based on the above, the Authority finds that the incumbents are engaged in security work which directly affects national security within the meaning of section 7112(b)(6) of the Statute since, inter alia, they control highly classified material which directly affects national security. /4/ Thus, they must be excluded from the recognized unit.
/5/

ORDER

IT IS ORDERED that the unit sought to be clarified herein be, and it hereby is, clarified by excluding from said unit the incumbents in the job classifications of Security Specialist (General), GS-080-11, PN37016 and the Security Assistant, GS-080-07, PN37152. Issued, Washington, D.C., September 28, 1983 Barbara J. Mahone, Chairman Ronald W. Haughton, Member Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY

--------------- FOOTNOTES$ ---------------

/1/ The names of the Activity/Petitioner and the Labor Organization appear as amended at the hearing.

/2/ The Activity/Petitioner also sought to exclude the position of Security Clerk (Typing), GS-301-05, PN37045 from the unit. However, this position was vacant at the time of the hearing and the Authority will not make eligibility determinations regarding vacant positions. U.S. Army Materials and Mechanics Research Center, 11 FLRA No. 46 (1983).

/3/ Section 7112(b)(6) provides in pertinent part:

(b) A unit shall not be determined to be appropriate . . .

if it includes--

. . . .

(6) any employee engaged in intelligence, counterintelligence, investigative, or security work which directly affects national security(.)

/4/ See United States Department of the Navy, U.S. Naval Station, Panama, 7 FLRA No. 74 (1981).

/5/ In view of this determination, the Authority finds it unnecessary to consider the alternative contentions of the Activity/Petitioner.