Environmental Protection Agency, Region III and American Federation of Government Employees (Authority decision, February 14, 1983)

Final FLRA decision. The Authority clarified an existing bargaining unit after a hearing. Judicial review of an appropriate unit determination is excluded by 5 U.S.C. § 7123(a)(2).

Plain-English summary

The union asked whether three personnel clerks belonged in the EPA Region III bargaining unit. The Authority excluded one clerk because she worked confidentially for the labor relations officer. It included the other two because their duties were routine personnel paperwork and they did not work confidentially for labor relations policymakers. This was a direct unit clarification petition, so no Regional Director decision was under review.

Decision snapshot

• Authority: Unit exclusions under 5 U.S.C. §§ 7103(a)(13) and 7112(b)(2), (3).
• Outcome: One personnel clerk excluded; two included in the bargaining unit.
• Key point: Confidential work for a labor relations official can exclude an employee from a bargaining unit.

Full text (FLRA public release)

[ v11 p354 ]
11:0354(70)CU

The decision of the Authority follows:

11 FLRA NO. 70

UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY, REGION III

Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO

Petitioner

Case No. 2-CU-35

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 American Federation of Government Employees, AFL - CIO (AFGE), was certified on February 1, 1980 as the exclusive bargaining representative for a consolidated nonprofessional unit which includes all nonprofessional employees of the U.S. Environmental Protection Agency, Region III. Essentially, AFGE's petition herein seeks to clarify the status of three employees in two job classifications who the Activity contends should be excluded from the unit on the grounds that they are confidential employees, are engaged in Federal personnel work in other than a purely clerical capacity, or both.

CONFIDENTIAL EMPLOYEES
1

The Activity contends that Jean Jamison, Lead Personnel Clerk, GS-203-06; Shirley Cohen, Personnel Clerk, GS-203-05; and Cheryl Talbot, Personnel Clerk, GS-203-05, are confidential employees and should be [ v11 p354] excluded from the unit. Talbot is the principal clerical assistant to the Activity's Labor Relations Officer who is involved in handling on a daily basis labor-management matters, claims of unfair labor practices, grievances, and contract negotiations. Thus, Talbot types and maintains materials with respect to all such matters. Accordingly, the Authority concludes that Talbot acts in a confidential capacity to an official involved in the effectuation of the Activity's labor relations policies and shall exclude her from the bargaining unit. 2 Veterans Administration, Regional Office, Portland, Oregon, 9 FLRA No. 101 (1982).

Jamison and Cohen, on the other hand, have no such working relationship with an individual who is involved in the formulation or effectuation of policies in the field of labor management relations. Thus, they are not confidential employees.

EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY

The Authority finds, in agreement with the Petitioner, that neither Cohen nor Jamison are employees engaged in Federal personnel work in other than a purely clerical capacity within the meaning of section 7112(b)(3) of the Statute. Cohen spends the bulk of her time in the routine processing of paperwork for personnel actions such as hiring, promotions, reassignments, pay increases, transfers and separations, and assisting new hires in the preparation of required personnel forms. Jamison, as a work leader of personnel clerks and other clerical employees, in involved in the distribution, processing and completion of routine paperwork for personnel actions. Further, Jamison has the responsibility to see that the routine paperwork for the Health Benefit Program and Life Insurance Program is kept in proper order and that proper forms for such programs are prepared and processed in a timely manner. 3 Accordingly, the Authority shall order that Cohen and Jamison be included in the bargaining unit. [ v11 p355 ]

ORDER

IT IS HEREBY ORDERED that the unit sought to be clarified herein is hereby clarified by excluding from said unit Cheryl Talbot, Personnel Clerk, GS-203-05; and by including Jean Jamison, Lead Personnel Clerk, GS-203-06 and Shirley Cohen, Personnel Clerk, GS-203-05.

Issued, Washington, D.C., February 14, 1983

Ronald W. Haughton, Chairman

Henry B. Frazier III, Member

Leon B. Applewhaite, Member

FEDERAL LABOR RELATIONS AUTHORITY

[ v11 p356 ]

FOOTNOTES

Footnote 1 Section 7103(a)(13) of the Statute
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(.)

Footnote 2 In view of this conclusion, the
Authority finds it unnecessary to pass upon the Activity's further contention that Talbot is also an employee engaged in Federal personnel work in other than a purely clerical capacity.

Footnote 3 Although Jamison testified on cross
examination that she is responsible for the personnel newsletter under the supervision of Elaine Wright, who had final authority over its content, the record is not clear as to what duties are encompassed by that responsibility.