Under § 7103(a)(11), an individual who formulates, determines, or influences the policies of the agency. Under § 7112(b)(1), such individuals are to be excluded from appropriate units. Because management officials are not "employees" within the meaning of the Federal Service Labor-Management Relations Statute (FSLMRS) (§ 7103(a)(2)(iii)), they do not, among other things, have the FSLMRS-protected right to represent unions. See § § 7102 and 7120(e). In AFGE Local 2513 v. FLRA, 834 F.2d 174 (D.C. Cir. 1987), the court said the following about supervisors, which probably would also apply to management officials:
Congress has not prohibited supervisors from joining unions. It is inconceivable that supervisor-members' right to belong to a union includes nothing more than paying dues and participating in various health plans. While Congress expressly prohibited supervisors from assuming policy-making and representative functions within the union, § 7120(e), there is no evidence that Congress intended to deny supervisors one of the most essential vestiges of union-membership, the right to cast a vote in the election of their union's officials.