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59 FLRA No. 46
U. S. Dept. of Justice, INS, Washington, D.C. and AFGE, Local 511, AFL-CIO Case No. WA-RP-00085 (Decided September 30, 2003)
As relevant here, the Authority granted the Union's application for review of the Regional Director's (RD's) decision clarifying a bargaining unit. The RD determined that certain employees were excluded from the bargaining unit under § 7112(b)(3) of the Federal Service Labor-Management Relations Statute which excludes from a bargaining unit an employee engaged in personnel work in other than a purely clerical capacity. The RD found that the employees, who provide personnel services for Agency employees in bargaining units other than the unit in which the Union seeks to include them, perform internal personnel work that is directly related to the personnel operations of their Agency.
Consistent with the decision issued today in North Central Civilian Personnel Operation Ctr., 59 FLRA 296 (2003), the Authority affirmed the RD's determination in this case that the disputed employees were excluded from the bargaining unit by operation of § 7112(b)(3) of the Statute. The Authority directed the RD to clarify the bargaining unit to exclude the 17 disputed employees who were in the positions of Assistant Regional Counsel, Assistant District Counsel and Assistant Sector Counsel.