United States Department of Housing and Urban Development, Boston Regional Office and AFGE Local 3258 (Authority decision, September 20, 1984)

Final FLRA decision. The Authority clarifies a bargaining unit by deciding which positions are included. This is an appropriate unit determination under 5 U.S.C. § 7112. Section 7123(a)(2) excludes such an order from judicial review in a court of appeals.

Plain-English summary

HUD argued that three attorney advisers in its Boston regional office were management officials who should be excluded from the professional employee bargaining unit. The Authority found that they handled litigation and advised agency counsel on existing policies, but did not formulate, determine, or influence HUD policy. It ordered all three included in the unit. The outcome is marked other because the Authority decided an original unit clarification petition, with no Regional Director decision to affirm or set aside.

Decision snapshot

• Authority: Management official definition under 5 U.S.C. § 7103(a)(11); unit clarification under § 7111(b)(2).
• Outcome: Three attorney advisers included in the bargaining unit.
• Key point: Legal expertise and applying policy did not make these attorneys management officials under the statutory definition.

Full text (FLRA public release)

[ v16 p38 ]

16:0038(9)CU

The decision of the Authority follows:

16 FLRA No. 9

U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT, BOSTON
REGIONAL OFFICE, REGION I
BOSTON, MASSACHUSETTS
Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3258, AFL-CIO
Petitioner /1/

Case No. 1-CU-30006

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, AFL-CIO (AFGE), was certified as the exclusive bargaining representative for a consolidated unit that includes all professional employees of the U.S. Department of Housing and Urban Development, Boston Regional Office, Region I, Boston, Massachusetts.
/2/ Essentially, the petition seeks to clarify the bargaining unit status of Kathy E. Machan, Attorney-Advisor (General), GM-905-14, A.P. No. 70406-4; Sheila H. Mondshein, Attorney-Advisor (General), GM-905-14, A.P. No. 70407-4; and Paul D. Snyder, Attorney-Advisor (General), GM-905-14, A.P. No. 70408-4, based on the Activity's allegation that they are management officials and must be excluded from the bargaining unit. /3/ 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 the above incumbents are not management officials, but are highly trained and experienced professionals who are engaged in handling litigation on behalf of the U.S. Department of Housing and Urban Development (HUD) as well as providing legal expertise and interpretation of HUD's policies for the Regional Counsel of the Activity and HUD General Counsel in Washington and thus are engaged in implementing, as opposed to shaping, the Activity's policies. It follows that the above incumbents are not management officials in that they do not exercise any duties or responsibilities which require or authorize them to formulate, determine, or influence the policies of the Activity within the meaning of section 7103(a)(11) of the Statute. Accordingly, the Authority finds that the above incumbents in the job classification Attorney-Advisor (General), GM-905-14 should be included in the bargaining unit.

ORDER

IT IS HEREBY ORDERED that the unit sought to be clarified herein be, and it hereby is, clarified by including in said unit Kathy E. Machan, Attorney-Advisor (General), GM-905-14, A.P. No. 70406-4; Sheila H. Mondshein, Attorney-Advisor (General), GM-905-14, A.P. No. 70407-4; and Paul D. Snyder, Attorney-Advisor (General), GM-905-14, A.P. No. 70408-4. Issued, Washington, D.C., September 20, 1984 Henry B. Frazier III, Acting Chairman Ronald W. Haughton, Member FEDERAL LABOR RELATIONS AUTHORITY

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

/1/ The names of the parties appear as amended at the hearing.

/2/ American Federation of Government Employees, Local 3258, AFL-CIO is the agent of AFGE for the segment of the employees in the consolidated unit located in the U.S. Department of Housing and Urban Development, Boston Regional Office, Region I, Boston, Massachusetts.

/3/ 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 . . . .