Internal Revenue Service, Portsmouth District Office and National Treasury Employees Union, Chapter 11 (Authority decision, November 9, 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 IRS sought to exclude three secretaries from an NTEU bargaining unit. Each served a group manager who handled labor relations and typed or filed sensitive grievances, personnel actions, and labor relations material. The Authority found that the secretaries acted in a confidential capacity for managers who carried out labor relations policy. It excluded all three from the unit. The outcome is classified as other because this was an original clarification petition, with no Regional Director decision under review.

Decision snapshot

• Authority: 5 U.S.C. § 7103(a)(13).
• Outcome: Unit clarified to exclude Eileen Botto, Caroline Nolan, and Frances Ryder.
• Key point: Secretarial access to a labor relations manager’s confidential work can establish confidential employee status.

Full text (FLRA public release)

[ v13 p388 ]

13:0388(63)CU

The decision of the Authority follows:

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(.)