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58 FLRA No. 5
U. S. Dept. of Justice, Immigration and Naturalization Service, Washington, D.C. and AFGE, Local 511, AFL-CIO, WA-RP-00085 (Decided August 26, 2002)
The Petitioner sought review of the Regional Director's (RD's) decision clarifying the bargaining unit to exclude 21 attorney positions. The Petitioner claimed that the RD erred in determining that four employees are engaged in "security work" under § 7112(b)(6) of the Federal Service Labor-Management Relations Statute and that 17 other employees were engaged in personnel work under § 7112(b)(3) of the Statute.
The Authority denied the application for review as to the RD's determination that four employees were excluded from the unit on the basis of § 7112(b)(6) of the Statute. The Authority found that the Petitioner did not demonstrate that review was warranted on any of the bases asserted. Accordingly, that aspect of the application for review was denied. However, the application for review was granted with respect to the RD's determination that 17 employees were excluded from the bargaining unit on the basis of § 7112(b)(3) of the Statute. The Authority noted that it granted review on the same ground on which we recently granted review in 58 FLRA No. 3 (Aug. 9, 2002) that is that there was no Authority precedent to provide sufficient guidance on whether § 7112(b)(3) excludes from bargaining units employees performing civilian personnel work in other than a purely clerical capacity for fellow agency employees in bargaining units other than the one seeking to include those civilian employees. Review was granted and the parties were requested to submit briefs addressing the issue.