[ v05 p339 ]
05:0339(46)CU
The decision of the Authority follows:
5 FLRA No. 46 HEADQUARTERS, FORT SAM HOUSTON FORT SAM HOUSTON, TEXAS Activity/Petitioner and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2154 Labor Organization Case No. 6-CU-13 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, 5 U.S.C. 7101-7135 (THE STATUTE), A HEARING WAS HELD BEFORE A HEARING OFFICER OF THE AUTHORITY. THE AUTHORITY HAS REVIEWED THE HEARING OFFICER'S RULINGS MADE AT THE HEARING AND FINDS THAT THEY ARE FREE FROM PREJUDICIAL ERROR. THE RULINGS ARE HEREBY AFFIRMED. UPON THE ENTIRE RECORD IN THIS CASE, INCLUDING THE BRIEFS FILED BY BOTH PARTIES, THE AUTHORITY FINDS: THE ACTIVITY FILED A PETITION FOR CLARIFICATION OF UNIT (CU) SEEKING TO EXCLUDE SEVEN POSITIONS FROM A BARGAINING UNIT REPRESENTED BY AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2154 (AFGE) /1/ ON THE BASIS THAT THE INCUMBENTS OF THE POSITIONS ARE EITHER CONFIDENTIAL EMPLOYEES OR ARE ENGAGED IN PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY. /2/ CONVERSELY, AFGE CONTENDS THAT THE INCUMBENTS OF THE POSITIONS DO NOT ACT IN A CONFIDENTIAL CAPACITY TO THOSE WHO EFFECTUATE POLICIES RELATING TO LABOR-MANAGEMENT RELATIONS AND, FURTHER, THAT THEY PERFORM PERSONNEL WORK IN A PURELY CLERICAL CAPACITY. THE AFGE FURTHER ARGUES THAT CERTAIN POSITIONS AT ISSUE HAVE BEEN INCLUDED IN THE UNIT SINCE IT WAS FIRST RECOGNIZED AND THAT THE INCUMBENTS OF THOSE POSITIONS HAVE BEEN ON DUES DEDUCTIONS OVER WHICH THE ACTIVITY HAS ADMINISTRATIVE AUTHORITY. IN DETERMINING APPROPRIATE UNITS FOR THE PURPOSE OF UNION REPRESENTATION, SECTION 7112(B) OF THE STATUTE PROVIDES, IN RELEVANT PART, AS FOLLOWS: (B) A UNIT SHALL NOT BE DETERMINED TO BE APPROPRIATE UNDER THIS SECTION . . . IF IT INCLUDES-- . . . . (2) A CONFIDENTIAL EMPLOYEE; (OR) (3) AN EMPLOYEE ENGAGED IN PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY . . . SECTION 7103(A)(13) OF THE STATUTE FURTHER 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. . . THE POSITIONS WHICH THE ACTIVITY SEEKS TO EXCLUDE ARE LOCATED IN THREE OF THE BRANCHES COMPRISING THE ACTIVITY'S CIVILIAN PERSONNEL OFFICE (CPO): RECRUITMENT AND PLACEMENT, TECHNICAL SERVICES, AND TRAINING AND DEVELOPMENT. THE REMAINING BRANCHES OF THE CPO ARE MANAGEMENT EMPLOYEE RELATIONS AND POSITION AND PAY MANAGEMENT. THE CIVILIAN PERSONNEL OFFICE, IN ADDITION TO PROVIDING SERVICES TO THE BARGAINING UNIT EMPLOYEES HEREIN REPRESENTED BY AFGE, ALSO PROVIDES SUCH SERVICES TO A NUMBER OF OTHER ORGANIZATIONAL COMPONENTS AT FORT SAM HOUSTON INCLUDING, BUT NOT LIMITED TO, EMPLOYEES IN BARGAINING UNITS REPRESENTED BY OTHER LABOR ORGANIZATIONS. WITH REGARD TO THE POSITIONS IN QUESTION, THE AUTHORITY MAKES THE FOLLOWING FINDINGS AND CONCLUSIONS: STAFFING CLERK (TYPING), GS-203-04, JOB NUMBER 8275 AND SECRETARY (TYPING), GS-318-04, JOB NUMBER 10112 THESE TWO POSITIONS ARE LOCATED IN THE RECRUITMENT AND PLACEMENT BRANCH. THE CHIEF OF THE BRANCH IS RESPONSIBLE FOR WRITING AND ENFORCING REGULATIONS REGARDING PLACEMENT AND PROMOTION POLICIES AND FOR DIRECTING A STAFF COMPRISED OF THE INCUMBENTS OF THE POSITIONS IN QUESTION IN ADDITION TO PERSONNEL STAFFING SPECIALISTS, STAFFING ASSISTANTS AND SEVERAL OTHER STAFFING CLERKS (TYPING) WHOSE STATUS IS NOT IN DISPUTE. THE BRANCH CHIEF ALSO ATTENDS MEETINGS AT WHICH LABOR-MANAGEMENT RELATIONS MATTERS ARE DISCUSSED, AND PROVIDES INPUT TO THE CIVILIAN PERSONNEL OFFICER ON MATTERS AFFECTING THE BRANCH. THE RECORD INDICATES THAT THE INCUMBENT OF JOB NUMBER 8275 PROVIDES EMPLOYMENT INFORMATION TO INDIVIDUALS WHO EITHER PHONE THE BRANCH OR WALK IN SEEKING SUCH INFORMATION. APPLYING A KNOWLEDGE OF PERSONNEL REGULATIONS, THE INCUMBENT MAY ASCERTAIN WHETHER THE APPLICANT POSSESSES BASIC ELIGIBILITY FOR VARIOUS POSITIONS AND MAY ASSIST THE APPLICANT IN FILLING OUT THE PERTINENT APPLICATION FORMS. THE INCUMBENT THEN DETERMINES WHETHER TO PLACE THE APPLICATION IN AN APPLICANT SUPPLY SYSTEM OR REFER IT TO A STAFFING SPECIALIST. THE INCUMBENT'S TYPING RESPONSIBILITIES APPEAR TO BE LIMITED TO ACCEPTANCE LISTS ALTHOUGH SHE HAS, IN THE PAST, TYPED CREDITING PLANS AND PROMOTION REFERRAL LISTS. THE INCUMBENT ALSO HAS ACCESS TO GRIEVANCE FILES. THE RECORD ALSO REVEALS THAT, AT LEAST SINCE 1977, THE INCUMBENT HAS BEEN ON DUES DEDUCTIONS, ALTHOUGH SHE HAS NOT BEEN EMPLOYED IN THE RECRUITMENT AND PLACEMENT BRANCH CONTINUOUSLY SINCE THAT DATE. THE DUTIES OF THE INCUMBENT OF JOB NUMBER 10112, WHO SERVES AS THE SECRETARY TO THE BRANCH CHIEF, INCLUDE THE SCREENING OF IN-COMING CALLS AND CORRESPONDENCE; REVIEW OF OUT-GOING CORRESPONDENCE TO ASSURE ACCURACY AND COMPLETENESS; DISTRIBUTION OF MAIL TO EMPLOYEES OF THE BRANCH; PROCESSING OF JOB ANNOUNCEMENTS, I.E., PLACING OPENING AND CLOSING DATES ON THE ANNOUNCEMENTS, TAKING THEM TO REPRODUCTION AND SUBSEQUENTLY DISTRIBUTING THEM; TYPING FOR THE BRANCH CHIEF AND OTHER BRANCH EMPLOYEES ON AN AS-NEEDED BASIS AND COORDINATING OVERFLOWS OF TYPING; AND FILLING IN FOR THE INCUMBENT OF JOB NUMBER 8275 IN THE LATTER'S ABSENCE. THE RECORD INDICATES THAT THE INCUMBENT OF JOB NUMBER 10112 HAS NOT TYPED MATTERS RELATING TO UNFAIR LABOR PRACTICES OR CONTRACT NEGOTIATIONS BUT HAS, ON ONE OCCASION, TYPED GRIEVANCE CORRESPONDENCE FOR THE BRANCH CHIEF. WEEKLY MEETINGS ARE HELD AMONG THE BRANCH STAFF, INCLUDING THE INCUMBENTS OF BOTH POSITIONS. THE PARTIES ARE IN DISPUTE AS TO WHETHER MANAGEMENT POSITIONS ON MATTERS PERTAINING TO THE BRANCH ARE FORMULATED AT THESE MEETINGS OR WHETHER THE MEETINGS ARE LIMITED TO MATTERS OF GENERAL CONCERN TO BRANCH EMPLOYEES. BASED UPON THE FOREGOING RECORD, THE AUTHORITY FINDS THAT THE INCUMBENTS OF THESE POSITIONS ARE NEITHER CONFIDENTIAL EMPLOYEES NOR ARE THEY ENGAGED IN PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY. WITH REGARD TO THEIR ALLEGED CONFIDENTIAL STATUS, WHILE THE BRANCH CHIEF MAY BE CALLED UPON TO PROVIDE INPUT CONCERNING THE FORMULATION OF REGULATIONS RELATING TO PLACEMENT AND PROMOTION POLICIES, AND MAY ATTEND MEETINGS AT WHICH LABOR-MANAGEMENT MATTERS ARE DISCUSSED, THE EVIDENCE DOES NOT ESTABLISH EITHER THAT THE BRANCH CHIEF IS AN INDIVIDUAL WHO FORMULATES OR EFFECTUATES MANAGEMENT POLICIES IN THE FIELD OF LABOR-MANAGEMENT RELATIONS, OR, IN ANY EVENT, THAT THERE IS AN INTEGRAL RELATIONSHIP BETWEEN THE INCUMBENTS OF THE DISPUTED POSITIONS AND THE BRANCH CHIEF WHEN THE LATTER IS PERFORMING DUTIES IN THE FIELD OF LABOR-MANAGEMENT RELATIONS. SIMILARLY, THE ACTIVITY'S APPARENT SUGGESTION THAT THE INCUMBENTS' ATTENDANCE AT WEEKLY MEETINGS WITHIN THE BRANCH DURING WHICH LABOR-MANAGEMENT MATTERS ARE ALLEGEDLY DISCUSSED IS EVIDENCE OF THEIR CONFIDENTIAL STATUS CANNOT BE SUSTAINED, AGAIN NOTING THE STATUTORY DEFINITION OF "CONFIDENTIAL EMPLOYEE," SET FORTH ABOVE, WHICH REQUIRES THAT AN EMPLOYEE BE ACTING IN A CONFIDENTIAL CAPACITY TO AN INDIVIDUAL WHO FORMULATES OR EFFECTUATES MANAGEMENT POLICIES IN THE FIELD OF LABOR-MANAGEMENT RELATIONS IN ORDER TO BE EXCLUDED FROM A UNIT ON THAT BASIS. MOREOVER, WHILE THE INCUMBENTS OF THE POSITIONS IN QUESTION MAY HAVE ACCESS TO GRIEVANCE FILES OR MAY HAVE TYPED GRIEVANCE CORRESPONDENCE, NEITHER MERE ACCESS TO NOR TYPING OF OCCASIONAL LABOR-MANAGEMENT MATERIALS WARRANTS THE EXCLUSION OF EMPLOYEES FROM AN EXCLUSIVELY RECOGNIZED UNIT ON THE BASIS OF CONFIDENTIAL STATUS. U.S. ARMY COMMUNICATIONS SYSTEMS AGENCY, FORT MONMOUTH, NEW JERSEY, 4 FLRA NO. 83 (1980) AND RED RIVER ARMY DEPOT, TEXARKANA, TEXAS, 2 FLRA NO. 82 (1980). WITH REGARD TO THE PERSONNEL DUTIES PERFORMED BY THE INCUMBENTS THE AUTHORITY FINDS, BASED ON THE RECORD, THAT THE CHARACTER AND EXTENT OF THE INCUMBENTS' INVOLVEMENT IN PERSONNEL WORK IS PURELY CLERICAL IN NATURE AND DOES NOT WARRANT EXCLUSION OF THE INDIVIDUALS FROM THE BARGAINING UNIT. IN THIS REGARD, THEIR DUTIES ARE PERFORMED IN A ROUTINE MANNER IN ACCORDANCE WITH PRESCRIBED GUIDELINES AND REGULATIONS AND REQUIRE THE EXERCISE OF LITTLE IF ANY INDEPENDENT JUDGMENT OR DISCRETION. ACCORDINGLY, THE AUTHORITY FINDS THAT THE INCUMBENTS OF THE FOLLOWING POSITIONS SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT: STAFFING CLERK (TYPING), GS-203-04, JOB NUMBER 8275 AND SECRETARY (TYPING), GS-318-04, JOB NUMBER 10112. COMPUTER AID (DATA TRANSCRIBING), GS-335-04, JOB NUMBER 8959; PERSONNEL CLERK (TYPING), GS-203-04, JOB NUMBER 8958; AND FILE CLERK, GS-305-03, JOB NUMBER 9517 THE INCUMBENTS OF THESE THREE POSITIONS ARE ALL EMPLOYED IN THE TECHNICAL SERVICES BRANCH WHICH IS RESPONSIBLE FOR HANDLING EMPLOYEE BENEFITS AND PROCESSING PERSONNEL ACTIONS. THERE ARE 13 EMPLOYEES IN THE BRANCH, INCLUDING TWO SUPERVISORY PERSONNEL MANAGEMENT SPECIALISTS; A PERSONNEL ASSISTANT; A CLERK TYPIST; A FILE CLERK; TWO COMPUTER AIDS; AND SIX PERSONNEL CLERKS, THE STATUS OF ONLY TWO OF WHICH ARE IN DISPUTE. THE TWO INCUMBENTS OF JOB NUMBER 8959, CLASSIFIED AS COMPUTER AID (DATA TRANSCRIBING), OPERATE OFF LINE PERIPHERAL EQUIPMENT BY WHICH CIVILIAN PERSONNEL DATA IS EXTRACTED FROM PERSONNEL FORMS, EXAMINED FOR COMPLETENESS, AND ENTERED INTO A COMPUTERIZED RETRIEVAL SYSTEM. THE INFORMATION THAT IS ENTERED INTO THE COMPUTERIZED RETRIEVAL SYSTEM FOLLOWS A PRE-ESTABLISHED GUIDELINE. FURTHER, ESTABLISHED REGULATIONS SPECIFY THE TYPE OF INFORMATION TO BE ENTERED INTO THE CIVILIAN PERSONNEL ACCOUNTING SYSTEM AND USED BY VARIOUS ARMY POSTS, AS WELL AS THE PROCEDURES FOR ENTERING THAT INFORMATION. THE INFORMATION MAY BE SUBSEQUENTLY RETRIEVED UPON REQUEST BY LABOR RELATIONS SPECIALISTS, EQUAL EMPLOYMENT OPPORTUNITY SPECIALISTS, AND OTHERS EMPLOYED BOTH INSIDE AND OUTSIDE THE CIVILIAN PERSONNEL OFFICE. OTHER PERSONNEL DATA, SUCH AS DUE DATES OF WITHIN-GRADE INCREASES AND PERFORMANCE EVALUATIONS, ARE AUTOMATICALLY FED OUT OF THE SYSTEM FOR FURTHER ACTION AND ARE RE-ENTERED OR SENT TO THE FILING ROOM ONCE DISPOSITIVE ACTION HAS BEEN TAKEN BY INDIVIDUALS OTHER THAN THE INCUMBENTS. CERTAIN REQUESTS FOR INFORMATION, INCLUDING THOSE FROM UNIONS, MUST BE CLEARED BY THE BRANCH CHIEF BEFORE THE INCUMBENTS CAN ACT UPON THE REQUESTS. THE INCUMBENTS ALSO COMPILE REPORTS FOR USE INSIDE AND OUTSIDE THE CPO. THE TWO INCUMBENTS OF JOB NUMBER 8958, CLASSIFIED AS PERSONNEL CLERKS, ARE INVOLVED WITH PROCESSING VARIOUS PERSONNEL ACTIONS FOR THOSE SEGMENTS OF THE ACTIVITY TO WHICH THEY HAVE BEEN ASSIGNED. APPLYING A KNOWLEDGE OF VARIOUS PERSONNEL REGULATIONS, REGULATORY REQUIREMENTS, AND GUIDELINES, THEY MAINTAIN AND KEEP CURRENT THE MASTER ORGANIZATION, POSITION AND EMPLOYEE RECORD FILES, AND CODE THE PERSONNEL ACTIONS TAKEN FOR ENTRY INTO THE COMPUTERIZED DATA BASE; THEY REVIEW OFFICIAL PERSONNEL FOLDERS IN ORDER TO COMPUTE SUCH MATTERS AS SERVICE COMPUTATION DATES AND DUE DATES FOR WITHIN-GRADE INCREASES AND PERFORMANCE APPRAISALS; THEY PROVIDE INFORMATION AND ASSISTANCE TO EMPLOYEES REGARDING HEALTH BENEFITS, LIFE INSURANCE AND SAVINGS BONDS; AND THEY ASSIST IN PROCESSING NEW EMPLOYEES. THE INCUMBENT OF JOB NUMBER 9517, CLASSIFIED AS A FILE CLERK, MAINTAINS THE OFFICIAL PERSONNEL FOLDERS (OPF) FOR THE EMPLOYEES SERVICED BY THE CIVILIAN PERSONNEL OFFICE. IN THIS CAPACITY, THE INCUMBENT SCHEDULES APPOINTMENTS FOR INDIVIDUALS REQUESTING ACCESS TO THE FOLDERS, REMAINS PRESENT WHEN THE FOLDER IS BEING REVIEWED, AND CONTROLS THE CHARGE OUT SYSTEM WHEN THE FOLDER IS REMOVED. THE INCUMBENT SCREENS FOLDERS OF SEPARATED EMPLOYEES, ENSURING THAT PERTINENT MATERIAL IS RETAINED IN THE FOLDER WHILE OTHER MATERIAL IS DESTROYED, BEFORE FORWARDING THE FOLDER TO THE NATIONAL RECORDS CENTER OR OTHER APPROPRIATE INSTALLATION. UPON RECEIPT OF THE OPF WITH A COMPLETED PERSONNEL ACTION, THE INCUMBENT SEPARATES CERTAIN DOCUMENTS AND MAKES THE APPROPRIATE DISTRIBUTION. THE INCUMBENT ALSO RESPONDS TO REQUESTS FOR INFORMATION WHICH REQUIRES A KNOWLEDGE OF THE PRIVACY ACT IN ORDER TO DETERMINE WHAT TYPES OF INFORMATION CAN BE DISSEMINATED. THE AUTHORITY FINDS THAT THE INCUMBENTS OF THE POSITIONS CLASSIFIED AS COMPUTER AID (DATA TRANSCRIBING), GS-335-04, JOB NUMBER 8959; PERSONNEL CLERK (TYPING), GS-203-04, JOB NUMBER 8958; AND FILE CLERK, GS-305-03, JOB NUMBER 9517 ARE NOT ENGAGED IN PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY NOR DOES THE RECORD ESTABLISH THAT THE INCUMBENTS ARE CONFIDENTIAL EMPLOYEES WITHIN THE MEANING OF THE STATUTE. WITH REGARD TO THE INCUMBENTS' INVOLVEMENT IN PERSONNEL MATTERS, THE AUTHORITY CONCLUDES, BASED UPON THE RECORD, THAT THE CHARACTER AND EXTENT OF THAT INVOLVEMENT IS PURELY CLERICAL IN NATURE IN THAT THE INCUMBENTS PERFORM THEIR DUTIES IN A ROUTINE MANNER AND IN ACCORDANCE WITH REGULATIONS, REGULATORY REQUIREMENTS AND ESTABLISHED GUIDELINES. WITH REGARD TO THE INCUMBENTS' ALLEGED CONFIDENTIAL STATUS, THE RECORD DOES NOT CONTAIN ANY EVIDENCE TO SUPPORT A FINDING EITHER THAT THE BRANCH CHIEF FORMULATES OR EFFECTUATES MANAGEMENT POLICIES IN THE FIELD OF LABOR-MANAGEMENT RELATIONS OR THAT THE INCUMBENTS ACT IN A CONFIDENTIAL CAPACITY TO SUCH AN INDIVIDUAL. ACCORDINGLY, THE AUTHORITY FINDS THAT THE INCUMBENTS OF THESE THREE POSITIONS SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT. EMPLOYEE DEVELOPMENT CLERK (TYPING), GS-203-04, JOB NUMBER 8947 THE INCUMBENT OF THIS POSITION, WHICH IS LOCATED IN THE TRAINING AND DEVELOPMENT BRANCH, SERVES AS THE PRIMARY CLERICAL SUPPORT FOR THE BRANCH AND PERFORMS A VARIETY OF TASKS RELATING TO EMPLOYEE TRAINING. THAT IS, THE INCUMBENT MAINTAINS CATALOGUES OF AVAILABLE COURSES, ANSWERS INQUIRIES CONCERNING SUCH COURSES AND HOW EMPLOYEES CAN ENROLL IN THEM, AND RECEIVES TRAINING REQUESTS WHICH ARE CHECKED FOR COMPLETENESS IN ACCORDANCE WITH APPLICABLE REGULATIONS. THE INCUMBENT HAS ACCESS TO THE FILES OF THOSE EMPLOYEES PARTICIPATING IN THE ARMY'S CAREER PROGRAM, THE VETERANS READJUSTMENT APPOINTMENT PROGRAM, AND THE UPWARD MOBILITY PROGRAM, IN ORDER TO ENSURE THAT THE PROGRAMS HAVE BEEN COMPLETED; HOWEVER, THE INCUMBENT DOES NOT HAVE A KEY TO SUCH FILES. WITH REGARD TO THE REGULATIONS THAT GOVERN SUCH PROGRAMS, THE RECORD REVEALS THAT THE INCUMBENT PROVIDED COMMENTS TO A CHANGE IN ONE PARTICULAR REGULATION. AS THE PRIMARY CLERICAL SUPPORT IN THE BRANCH, THE INCUMBENT WOULD BE EXPECTED TO TYPE LABOR RELATIONS MATTERS ARISING IN THE BRANCH. HOWEVER, THE RECORD INDICATES THAT THE INCUMBENT HAS NOT TYPED MATTERS RELATING TO UNFAIR LABOR PRACTICES AND GRIEVANCES AND, IN FACT, THE LAST FORMAL GRIEVANCE INVOLVING THE BRANCH WAS FILED MORE THAN THREE YEARS AGO. THE INCUMBENT MAY, HOWEVER, TYPE MATERIAL THAT IS USED BY THE BRANCH CHIEF AS INPUT FOR THE CIVILIAN PERSONNEL OFFICE'S DEALINGS WITH THE LABOR ORGANIZATIONS HOLDING EXCLUSIVE RECOGNITION AT THE ACTIVITY. BASED UPON THE FOREGOING, THE AUTHORITY FINDS THAT THE CHARACTER AND EXTENT OF THE INCUMBENT'S INVOLVEMENT IN PERSONNEL WORK IS PURELY CLERICAL IN NATURE AND DOES NOT WARRANT HER EXCLUSION FROM THE CERTIFIED UNIT ON THE BASIS THAT SHE IS ENGAGED IN PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY. THUS, THE RECORD REVEALS THAT HER DUTIES ARE PERFORMED IN A ROUTINE MANNER AND IN ACCORDANCE WITH PRESCRIBED CRITERIA. ADDITIONALLY, THE AUTHORITY FINDS THAT THE INCUMBENT IS NOT ACTING IN A CONFIDENTIAL CAPACITY TO AN INDIVIDUAL WHO FORMULATES OR EFFECTUATES MANAGEMENT POLICIES IN THE FIELD OF LABOR-MANAGEMENT RELATIONS. THUS, WHILE THE BRANCH CHIEF MAY PROVIDE INPUT TO THE CIVILIAN PERSONNEL OFFICE IN ITS DEALINGS WITH LABOR ORGANIZATIONS AND THE INCUMBENT MAY TYPE SUCH MATERIAL, AND WHILE THE INCUMBENT DOES HAVE ACCESS TO CERTAIN EMPLOYEE FILES, NEITHER MERE ACCESS TO NOR TYPING OF OCCASIONAL LABOR-MANAGEMENT MATERIAL IS SUFFICIENT TO ESTABLISH CONFIDENTIAL STATUS WITHIN THE MEANING OF THE STATUTE. U.S. ARMY, COMMUNICATIONS SYSTEMS AGENCY AND RED RIVER ARMY DEPOT, SUPRA P. 4. ACCORDINGLY, THE INCUMBENT CLASSIFIED AS EMPLOYEE DEVELOPMENT CLERK (TYPING), GS-203-04, JOB NUMBER 8947, IS PROPERLY INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT. ORDER IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED, IN WHICH THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2154, WAS ORIGINALLY CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE ON OCTOBER 16, 1970, AND WHICH WAS SUBSEQUENTLY AMENDED ON SEPTEMBER 25, 1978, BE AND HEREBY IS, CLARIFIED BY INCLUDING IN SAID UNIT THE POSITIONS OF STAFFING CLERK (TYPING), GS-203-04, JOB NUMBER 8275; SECRETARY (TYPING), GS-318-04, JOB NUMBER 10112; COMPUTER AID (DATA TRANSCRIBING), GS-335-04, JOB NUMBER 8959; PERSONNEL CLERK (TYPING), GS-203-04, JOB NUMBER 8958; FILE CLERK, GS-305-03, JOB NUMBER 9517; AND EMPLOYEE DEVELOPMENT CLERK (TYPING), GS-203-04, JOB NUMBER 8947. ISSUED, WASHINGTON, D.C., MARCH 20, 1981 RONALD W. HAUGHTON, CHAIRMAN HENRY B. FRAZIER III, MEMBER LEON B. APPLEWHAITE, MEMBER FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES$ --------------- /1/ AFGE WAS CERTIFIED ON OCTOBER 16, 1970, AS THE EXCLUSIVE REPRESENTATIVE OF THE UNIT WHICH, AS SUBSEQUENTLY AMENDED ON SEPTEMBER 25, 1978, IS DESCRIBED AS FOLLOWS: ALL FULL TIME, PERMANENT, APPROPRIATED FUND, GENERAL SCHEDULE WAGE GRADE EMPLOYEES OF HEADQUARTERS, FORT SAM HOUSTON AND THE U.S. ARMY COMMISSARY, FORT SAM HOUSTON, TEXAS. EXCLUDED: ALL PROFESSIONAL EMPLOYEES, SUPERVISORY EMPLOYEES, FIRE FIGHTERS AND FIRE PROTECTION EMPLOYEES, GUARDS, MANAGEMENT OFFICIALS, EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY, ALL NON-APPROPRIATED FUND EMPLOYEES, AND ALL TEMPORARY AND PART-TIME EMPLOYEES. /2/ ONE OF THE POSITIONS THE ACTIVITY SEEKS TO EXCLUDE, THAT OF THE CLASSIFICATION CLERK (TYPING), GS-203-4, JOB NUMBER 10477, WAS VACANT AT THE TIME OF THE HEARING IN THIS MATTER. IN THE CIRCUMSTANCES OF THIS CASE, THE AUTHORITY FINDS THAT THE RECORD WITH RESPECT TO THIS POSITION IS INSUFFICIENT FOR PURPOSES OF MAKING A UNIT DETERMINATION. ACCORDINGLY, THE SUBJECT PETITION IS, TO THAT EXTENT, HEREBY DISMISSED.