Agency Seeks to Exclude NATCA's ABA Representative From The Bargaining Unit
The agency recently filed a petition with the Federal Labor Relations Authority seeking to clarify the FAA headquarters bargaining unit Financial Policy Division (“ABA”), by excluding from the unit the position of Management and Program Analyst, assigned to the FAA’s Travel and Payroll Services Branch. The petition sought the exclusion of three position incumbents. However, the parties stipulated that the status of only one of the three incumbents, Marion Isaac, remains in dispute. Marion is NATCA's Region Representative for the ABA Line of Business. The Representation hearing was held on June 28.
The issue here is whether the position encumbered by Ms. Isaac should be excluded on the basis of the agency’s assertion that the duties she performs fall under 5 U.S.C. Section 7112 (b) (1) (2) and (7). The reasons cited were that Ms. Isaac is (1) a management official, (2) a confidential employee, and (7) she is primarily engaged in investigatory or audit functions relating to the work of individuals employed by an agency whose duties directly affect the internal security of the agency, but only if the functions are undertaken to ensure that the duties are discharged honestly and with integrity.
Marion Isaac is a program analyst for the Office of Financial Management in ABA. Ms. Isaac’s position is included in the Amendment of Certification dated Nov. 30, 2000, and is represented exclusively by NATCA. She was employed by the FAA; in her current position, when the FLRA certified the ABA bargaining unit in 2000.
After years of patent acceptance, the agency suddenly alleges the incumbent is not only a “Management Official,” but a “Confidential Employee,” and lastly an “Auditor and Investigator.” Clearly, the agency’s strategy is that out of the three allegations, something will stick.
Moreover, the incumbent has had the same position summary since 1996. Her position in the Office of Financial Management was included when the FLRA certified NATCA as the exclusive bargaining representative in 2000.
The union maintains, as it did in 2000, that Marion Isaac’s position should remain included in the certification. The Union confirmed through evidence and testimony that Marion Isaac is not a management official, a confidential employee or an auditor and investigator. The salient facts support the union’s contention that a compelling reason does not exist to exclude Ms. Isaac from NATCA’s bargaining unit.
NATCA awaits the determination by the FLRA as to the fate of our ABA Representative’s position.
