[ v13 p52 ]
13:0052(10)CU
The decision of the Authority follows:
13 FLRA No. 10
DEFENSE MAPPING AGENCY,
AEROSPACE CENTER, KANSAS CITY
OFFICE, KANSAS CITY, MISSOURI
Activity/Petitioner
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2786, AFL-CIO
Labor Organization
Case No. 7-CU-39
DECISION AND ORDER
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 the entire record in this case, including the parties'
contentions, the Authority finds: The American Federation of Government
Employees, Local 2786, AFL-CIO (the Union), was recognized in 1969 as
the exclusive representative for a unit of all employees in the Defense
Mapping Agency, Aerospace Center, Kansas City Office, Kansas City,
Missouri (the Activity/Petitioner), excluding all management officials,
employees engaged in personnel work in other than a purely clerical
capacity, confidential employees and supervisors. The Activity's
petition seeks to amend the description of the recognized unit to
exclude "all management officials, supervisors, and employees described
in 5 U.S.C. 7112(b)(2), (3), (4), (6) and (7)" from the existing unit of
all employees in the Defense Mapping Agency, Aerospace Center, Kansas
City Office. The parties stipulated that the proposed amendment to the
unit description is solely for the purpose of technical conformance with
the standard statutory exclusions from bargaining units required by the
Statute, and would not otherwise alter the character or scope of the
unit. Noting that the proposed amendment of the unit description is
consistent with the exclusions from recognized units set forth in the
Statute, and in view of the parties' agreement, the Authority shall
order that the description of the unit herein be amended as sought.
The petition also seeks to clarify the unit eligibility of David
Manspeaker, Security Clerk (Typing) GS-303-05, in the Activity's
Security Office. The Activity contends that Manspeaker should be
excluded from the unit on the ground that he is engaged in security work
which directly affects national security within the meaning of section
7112(b)(6) of the Statute. /1/ The Union opposes such exclusion.
The Defense Mapping Agency, Aerospace Center (DMAAC), Kansas City
Office is a field office of DMAAC, a part of the Department of Defense
which has headquarters in St. Louis, Missouri. The mission of the
Kansas City Office of DMAAC is to compile sensitive information such as
air target charts for the Strategic Air Command and aeronautical charts
and digital data for computerization to be used for other defense
purposes, the compromise of which would cause grave national security
implications. The Security Office is a detachment of a special security
office at DMAAC headquarters in St. Louis. It provides document and
personnel security as well as facility security to the Activity.
As a security clerk, Manspeaker has a "critical sensitive"
classification in the Security Office. He acts as the custodian of the
classified documents repository which requires his participation in the
receipt and logging in of all classified material up to and including
top secret classification. Manspeaker controls access to classified
material and to the secure area of the repository, authorizing access
only after proper security clearance is provided in conformance with
existing security guidelines and procedures. Manspeaker's other duties
involve acting as a courier of highly classified material, assisting in
the destruction of classified material according to specific
instructions, and maintaining a reference library of classified
documents. In addition, Manspeaker assists a superior during periodic
inspections of the Activity's facility for security violations. At the
hearing, the parties stipulated that special security procedures used by
Manspeaker in his duties involving the protection of classified material
were themselves classified and therefore were not released by the
Activity.
As the record shows that David Manspeaker, Security Clerk (Typing)
GS-303-05, handles, controls access to, destroys, transports and
protects highly classified information which directly affects national
security, the Authority finds that he should be excluded from the
recognized unit pursuant to section 7112(b)(6) of the Statute. See
United States Department of the Navy, U.S. Naval Station, Panama, 7 FLRA
No. 74, at 495 (1981). /2/
ORDER
IT IS HEREBY ORDERED that the unit sought to be amended herein for
which the American Federation of Government Employees, Local 2786,
AFL-CIO, was recognized as the exclusive representative in 1969, be
amended to read as follows: Included: All employees in the Defense
Mapping Agency, Aerospace Center, Kansas City Office. Excluded: All
management officials, supervisors, and employees described in section
7112(b)(2), (3), (4), (6) and (7) of the Federal Service
Labor-Management Relations Statute.
IT IS FURTHER ORDERED that the unit sought to be clarified herein be
clarified by excluding from said unit the position Security Clerk
(Typing), GS-303-05. Issued, Washington, D.C., September 19, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
/1/ Section 7112(b)(6) provides:
Sec. 7112. Determination of appropriate units for labor
organization representation
. . . .
(b) A unit shall not be determined to be appropriate under this
section solely on the basis of the extent to which employees in
the proposed unit have organized, nor shall a unit be determined
to be appropriate if it includes--
. . . .
(6) any employee engaged in intelligence, counter-intelligence,
investigative, or security work which directly affects national
security(.)
/2/ Cf. Department of Energy, Oak Ridge Operations, Oak Ridge,
Tennessee, 4 FLRA 644 (1981), wherein the Authority adopted a Judge's
decision, in the absence of exceptions, that lower-graded clerk-typists
and stenographers in different classification series, were not engaged
in security work directly affecting the national security merely because
they had access to sensitive information and performed routine clerical
duties in a security office.