Environmental Protection Agency, Region VII, Kansas City and National Federation of Federal Employees, Local 1205 (Authority decision, February 6, 1984)

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

Plain-English summary

NFFE Local 1205 sought a ruling on whether two EPA Region VII employees belonged in its Kansas City bargaining unit. The Authority found that a personnel assistant performed substantive staffing and personnel duties beyond clerical work. It also found that a secretary worked in a confidential capacity for a labor relations official. The Authority excluded both employees from the unit. It decided this original clarification petition after a hearing, with no regional director's decision to affirm or reverse.

Decision snapshot

• Authority: Confidential employee definition under 5 U.S.C. § 7103(a)(13) and personnel work exclusion under § 7112(b)(3).
• Outcome: Unit clarified to exclude the personnel assistant and secretary.
• Key point: Substantive personnel duties and confidential labor relations work supported the respective exclusions.

Full text (FLRA public release)

[ v14 p25 ]

14:0025(4)CU

The decision of the Authority follows:

14 FLRA No. 4

ENVIRONMENTAL PROTECTION AGENCY
REGION VII
KANSAS CITY, MISSOURI
Activity

and

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1205
Petitioner

Case No. 7-CU-20014

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 Federation of Federal Employees, Local 1205 (NFFE) was certified as the exclusive bargaining representative for a unit of all nonsupervisory and nonprofessional General Schedule employees, including temporary employees who are expected to exceed ninety (90) days employment, employed by the U.S. Environmental Protection Agency, Kansas City, Missouri. Essentially, NFFE's petition herein seeks to clarify the status of Mary Lou Goucher, Personnel Assistant (Typing), GS-203-06, and Ina Square, Secretary (Typing), GS-318-05, who the Activity contends should be excluded from the unit on the grounds that they are confidential employees /1/ and/or are engaged in Federal personnel work in other than a purely clerical capacity. /2/

Goucher, who works in the Personnel and Organization Branch of the Activity, has major responsibilities for the recruiting and staffing of GS-05 positions and below, including orientation of new employees, preparation and processing of all types of personnel actions, processing of confidential data under the merit pay system, processing of retirement paperwork, answering inquiries from other agencies on Activity employees who are applying for jobs, and answering inquiries for employees and supervisors concerning provisions of the Federal Personnel Manual. Goucher is also responsible for keeping employee personnel information up-to-date, including keeping track of dates for employee personnel actions and coding them into the Activity's computer system. In this regard, she has signature authority to grant back pay to employees based on her finding of errors which cause employee loss of salary increases. Based on the above, the Authority finds that Mary Lou Goucher, Personnel Assistant (Typing), GS-203-06, is an employee "engaged in personnel work in other than a purely clerical capacity" within the meaning of section 7112(b)(3) and should be excluded from the unit. /3/

Square works in and is the only secretary for the Personnel and Organization Branch of the Activity which includes, among others, Barbara Kountzman, Labor Relations Specialist. The Parties stipulated that Kountzman is an individual who "formulates or effectuates management policies in the field of labor-management relations" within the meaning of that phrase as used in section 7103(a)(13). Square, who handles all secretarial work, including answering the phone, typing, filing, and screening mail for the Classification Specialist, Labor Relations Specialist and the Acting Branch Chief, is presently supervised by Kountzman. The record indicates that in the four months that Square has held her present position, she has only typed two representation petitions and several pieces of correspondence dealing with unfair labor practices and an employee reprimand. The record also indicates that former incumbents in this position have had substantial labor relations involvement including the preparation of contract proposals, reduction-in-force notices, internal memos dealing with labor relations matters, answers to employee grievances and other similar correspondence and Kountzman testified that she would also expect Square to type and process papers involving all phases of labor-management relations. Based on the above, and in the absence of any record evidence to indicate that Square will not perform the duties spelled out by kountzman, /4/ the authority finds thac ina square, Secretary (Typing), GS-318-05, is a confidential employee within the meaning of section 7103(a)(13) of the Statute as she works in a confidential capacity to an individual who formulates or effectuates management policies in the field of labor management relations. Accordingly, the Authority shall exclude her from the bargaining unit. /5/

ORDER

IT IS ORDERED that the unit sought to be clarified be, and it hereby is, clarified by excluding from said unit Mary Lou Goucher, Personnel Assistant (Typing), GS-303-06 and Ina Square, Secretary (Typing), GS-318-05.

Issued, Washington, D.C., February 6, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY

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

/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(.)

/2/ Section 7112(b)(3) of the Statute provides in pertinent part:

(b) A unit shall not be determined to be appropriate . . . if it includes--

(3) an employee engaged in personnel work in other than a purely clerical capacity(.)

/3/ In view of the above, the Authority finds it unnecessary to rule on whether Goucher is also a confidential employee.

/4/ See Homestead Air Force Base, Homestead, Florida, 10 FLRA No. 115, n. 3(1982)

/5/ In view of the above, the Authority finds it unnecessary to rule on whether Square is also an employee engaged in personnel work in other than a purely clerical capacity.