Internal Revenue Service, Kansas City Service Center and National Treasury Employees Union (Authority decision, July 2, 1984)

Final FLRA representation decision. The Authority clarifies the bargaining unit as to four employees. This is an appropriate unit determination under 5 U.S.C. § 7112; § 7123(a)(2) excludes it from the ordinary 60-day court of appeals review provision.

Plain-English summary

NTEU sought clarification of four employees' bargaining unit status at the IRS Kansas City Service Center. The agency argued that they were management officials who belonged outside the unit. The Authority found that Charles Ball could shape work policies and commit resources, so it excluded him. It found that Maida Bluhm, John Hatfield, and Penrod Turk implemented existing policies rather than setting them, so it kept them in the unit. The petition thus produced a split result, with one exclusion and three inclusions.

Decision snapshot

• Authority: Management official definition under 5 U.S.C. § 7103(a)(11).
• Outcome: One management analyst excluded; three other employees included.
• Key point: Policy making authority distinguished the excluded analyst from staff implementing existing policies.

Full text (FLRA public release)

[ v15 p208 ]

15:0208(40)CU

The decision of the Authority follows:

15 FLRA No. 40

INTERNAL REVENUE SERVICE
KANSAS CITY SERVICE CENTER
Activity

and

NATIONAL TREASURY EMPLOYEES UNION
Petitioner

Case No. 7-CU-30010

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 Treasury Employees Union (NTEU) was certified as the exclusive representative for a consolidated unit of all nonprofessional employees of the Internal Revenue Service Centers, The Data Center, Detroit, Michigan, The National Computer Center, Martinsburg, West Virginia, and all professional and nonprofessional General Schedule and Wage Grade employees, including seasonal (WAE) and part-time employees employed by the Internal Revenue Service, North Atlantic Service Center, Andover, Massachusetts. Essentially, the petition seeks to clarify the bargaining unit status of Maida Bluhm, Management Analyst, GS-343-11 (Compliance Activity Coordinator, Compliance Division); Charles Ball, Management Analyst, GS-343-11 (Resources Management Division); John Hatfield, Space Program Analyst, GS-301-11 (Resources Management Division); and Penrod Turk, Space Program Analyst, GS-301-11 (Resources Management Division) based on the Activity's allegation that they are management officials /1/ and must be excluded from the unit. /2/ 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 that Charles Ball is a management official and shall order his exclusion from the bargaining unit. Thus, the record establishes that Ball's major function is the review of the Activity's work practices and policies which he may change to improve the efficiency of the Activity's operations. In this regard he has developed the Activity's Underreporter Program and the Travel Management Program and can commit Activity funds and resources through direct negotiations with vendors servicing the Activity. It follows that his responsibilities require and authorize him to formulate, determine, or influence the policies of the Activity within the meaning of section 7103(a)(11) of the Statute as interpreted by the Authority.

With respect to the other alleged management officials, the Authority finds that they are professionals whose actions assist in implementing, as opposed to shaping, the Activity's policies. The record establishes that Bluhm's /3/ major function is the implementation of the automation program involving the existing manual system as it pertains to the microcomputers in the Compliance Division of the Activity and that Turk and Hatfield are engaged in the routine planning and utilization of designated space for placement of new equipment. As these incumbents do not exercise any duties and responsibilities which require or authorize them to formulate, determine, or influence the policies of the Activity, they are not management officials within the meaning of section 7103(a)(11). Accordingly, the Authority finds that these incumbents should remain in the bargaining unit.

ORDER

IT IS ORDERED that the unit sought to be clarified herein be, and it hereby is, clarified by excluding from said unit Charles Ball, Management Analyst, GS-343-11 (Resources Management Division) and by including in said unit Maida Bluhm, Management Analyst, GS-343-11 (Compliance Activity Coordinator, Compliance Division); John Hatfield, Space Program Analyst, GS-301-11 (Resources Management Division); and Penrod Turk, Space Program Analyst, GS-301-11 (Resources Management Division).

Issued, Washington, D.C., July 2, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY

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

/1/ 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 . . . .

/2/ During the course of the hearing, the parties stipulated that incumbents in certain job classifications should be removed from consideration herein. The Authority deems such stipulations to be motions to amend the petition which are hereby granted.

/3/ The Activity contends that Bluhm is only a temporary employee and should be excluded from the unit. The record indicates and the Authority finds that while Bluhm may be on detail to her present position which will expire in a short period of time, she does have a permanent position and is a full-time permanent employee of the Activity.