Did Ya Know?

A confidential employee is synonymous as someone listed as non bargaining. People occupying a non bargaining unit position cannot be included in the bargaining or be apart of a Union because of their job description. Did you know, you may have several employees working at your facility today that may have been incorrectly excluded by the agency inadvertently, and listed as non bargaining? Normally, this status is listed in a position description.

Special Investigative Technicians and Doctors (e.g., Forensic and Staff Psychologists, Psychiatrists, excluding Clinical Directors, Health Services’ Administrators and Assistants) all have been commonly excluded at most BOP facilities. Did you know that a Local can challenge their status through a petition through the Federal Labor Relations Authority -- to change their status? The petition is commonly referred to as a "Clarification of Unit."

Did you know Agency management has had tremendous difficulties trying to prove the individuals working in these positions are confidential employees? Did you know the Authority has a set a test to determine who is considered a confidential employee? First, the Authority has defined a confidential employee as one who acts in a confidential capacity with officials who formulate or effectuate management policies in labor-management relations.

A Unit Determination Test is listed herein. A Unit shall not be determined to be appropriate under this section solely on the basis of the extent to which employees in the proposed unit have organized, nor shall a unit be determined to be appropriate if it includes:

Except as provided under Sec. 7135(a)(2) of this title, any management official or supervisor. 1. A confidential employee.
2. An employee engaged in personnel work in other than a purely clerical capacity.
3. An employee engaged in administering the provisions of this chapter.
4. Both professional employees and other employees, unless a majority of the professional employees vote for inclusion in the unit.
5. Any employee engaged in intelligence, counterintelligence, investigative or security work which directly affects national security.
6. Any employee primarily engaged in investigation 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.

It is very important that you first obtain copies of each position description before proceeding with these determinations. Now Ya know!