Federal agencies' request for guidance on management officials (Authority decision, December 31, 1981)

Final FLRA decision. The Authority denied a request for a general statement of policy or guidance. This disposition closes the request under 5 C.F.R. § 2427.5; it does not determine representation rights or decide a negotiability appeal.

Plain-English summary

Several federal agencies asked the Authority to explain how the words 'influence' and 'policies' apply in the statute's definition of a management official. The Authority observed that it had already interpreted the definition and applied it to a specific case in an earlier Navy decision. Because that decision resolved the question by other means, the Authority denied the request for a general policy statement. No employee's unit status was decided in this request.

Decision snapshot

• Authority: 5 U.S.C. § 7103(a)(11).
• Outcome: Request for a general statement of policy or guidance denied.
• Key point: The Authority declined general guidance after resolving the interpretive question in a case decision.

Full text (FLRA public release)

[ v07 p524 ]

07:0524(77)PS

The decision of the Authority follows:

7 FLRA No. 77

Case No. O-PS-21

DECISION ON REQUEST FOR GENERAL STATEMENT OF POLICY OR
GUIDANCE

THE AUTHORITY RECEIVED A REQUEST FROM THE OFFICE OF PERSONNEL
MANAGEMENT, THE AGENCY FOR INTERNATIONAL DEVELOPMENT, AND THE
DEPARTMENTS OF DEFENSE, JUSTICE, AND ENERGY THAT THE AUTHORITY ISSUE A
GENERAL STATEMENT OF POLICY OR GUIDANCE CONCERNING THE MEANING OF
CERTAIN WORDS AND PHRASES WHICH APPEAR WITHIN SECTION 7103(A)(11) OF THE
STATUTE, WHICH PROVIDES:

SECTION 7103. DEFINITIONS; APPLICATION

(A) FOR THE PURPOSE OF THIS CHAPTER--

. . . .

(11) "MANAGEMENT OFFICIAL" MEANS 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(.)

THE PARTIES SPECIFICALLY REQUESTED THAT THE AUTHORITY ISSUE GUIDANCE
AS TO HOW THE AUTHORITY "VIEWS AND APPLIES THE WORDS 'INFLUENCE' AND
'POLICIES' IN THE PHRASE 'INFLUENCE THE POLICIES OF THE AGENCY,' IN THE
DEFINITION OF 'MANAGEMENT OFFICIAL' IN SECTION 7103(A)(11) OF THE
STATUTE."

IN DEPARTMENT OF THE NAVY, AUTOMATIC DATA PROCESSING SELECTION OFFICE
AND AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1, AFL-CIO, 7
FLRA NO. 24(1981) THE AUTHORITY, BASED UPON A DETAILED DISCUSSION OF THE
INTENT OF THE STATUTE AS REFLECTED IN ITS LANGUAGE, LEGISLATIVE HISTORY,
AND PURPOSES, INTERPRETED CRITICAL TERMS IN SECTION 7103(A)(11) AND THEN
APPLIED THE DEFINITION OF MANAGEMENT OFFICIAL TO THE FACTS OF THE CASE.

ACCORDINGLY, SINCE THE QUESTION PRESENTED HEREIN HAS BEEN RESOLVED BY
OTHER MEANS, THE INSTANT REQUEST FOR A GENERAL STATEMENT OF POLICY OR
GUIDANCE IS DENIED. /1/

ISSUED, WASHINGTON, D.C., DECEMBER 31, 1981

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY

--------------- FOOTNOTES: ---------------

/1/ WITH REGARD TO SUCH A REQUEST, SECTION 2427.5 OF THE AUTHORITY'S
RULES AND REGULATIONS (5 CFR 2427.5) PROVIDES, IN PERTINENT PART:

SECTION 2427.5 STANDARDS GOVERNING ISSUANCE OF GENERAL STATEMENTS OF
POLICY AND GUIDANCE.

IN DECIDING WHETHER TO ISSUE A GENERAL STATEMENT OF POLICY OR
GUIDANCE, THE AUTHORITY SHALL CONSIDER:

(A) WHETHER THE QUESTION PRESENTED CAN MORE APPROPRIATELY BE RESOLVED
BY OTHER MEANS(.)