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60 FLRA No. 143
U. S. Dept. of Veterans Affairs Washington, D.C. and AFGE, AFL-CIO Case No. DE-RP-04-0021 (Decided March 18, 2005)
The Union sought to clarify the bargaining unit to include an Administrative Officer of the Day (AOD), GS-9, position. The Agency argued that the position should be excluded from the unit on the grounds that the incumbent was a management official within the meaning of § 7103(a)(11) of the Federal Service Labor-Management Relations Statute. The ARD found that the incumbent of the disputed AOD position was not a management official under § 7103(a)(11) and the ARD clarified the unit to include the position.
The Authority found that the ARD properly applied established law and found that the Agency failed to demonstrate grounds warranting review of the application under § 2422.31(c)(3)(i) of the Authority's Regulations. The application for review was denied.