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58 FLRA No. 26
Social Security Administration Baltimore, Maryland and AFGE Case No. WA-RP- 90035 (Decided September 12, 2003)
In 58 FLRA 170, 174 (2002) the Authority, under § 2422.31(c) of its Regulations, granted in part and denied in part an application for review of the Acting Regional Director's (RD's) decision clarifying a bargaining unit. As relevant here, the RD determined that certain employees were not excluded from the bargaining unit under § 7112(b)(6) of the Federal Service Labor-Management Relations Statute. Section 7112(b)(6) excludes from a bargaining unit "any employee engaged in intelligence, counterintelligence, investigative, or security work which directly affects national security[.]" The RD found that the employees were engaged in security work, but that the security work they perform did not directly affect national security within the meaning of § 7112(b)(6).
The Authority concluded that the disputed employees were engaged in security work which directly affected national security within the meaning of § 7112(b)(6) of the Statute. Accordingly, the RD was directed to clarify the bargaining unit to exclude these employees.