Department of the Navy, Naval Education and Training Center, Newport, Rhode Island (Activity) and International Association of Firefighters, Local F-100 (Labor Organization/Petitioner) 



[ v03 p325 ]
03:0325(51)CU
The decision of the Authority follows:


 3 FLRA No. 51
 
 DEPARTMENT OF THE NAVY
 NAVAL EDUCATION AND TRAINING CENTER,
 NEWPORT, RHODE ISLAND
 Activity
 
 and
 
 INTERNATIONAL ASSOCIATION OF
 FIREFIGHTERS, LOCAL F-100
 Labor Organization/Petitioner
 
                                            Case No. 1-CU-5
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    UPON A PETITION DULY FILED UNDER SEC. 7111(B)(2) OF THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, 5 U.S.C. 7101-7135, A
 HEARING WAS HELD BEFORE HEARING OFFICER ROBERT E. BAILEY.  THE HEARING
 OFFICER'S RULINGS MADE AT THE HEARING ARE FREE FROM PREJUDICIAL ERROR
 AND ARE HEREBY AFFIRMED.
 
    UPON THE ENTIRE RECORD IN THE SUBJECT CASE, THE AUTHORITY FINDS:
 
    THE PETITIONER SEEKS TO CLARIFY AN EXISTING EXCLUSIVELY RECOGNIZED
 UNIT OF THE CIVILIAN PERSONNEL OF THE FIRE PROTECTION BRANCH OF THE
 NAVAL EDUCATION AND TRAINING CENTER /1/ TO INCLUDE TEN EMPLOYEES
 CURRENTLY CLASSIFIED AS SUPERVISORY FIREFIGHTER, GS-6, (HEREINAFTER
 REFERRED TO AS FIRE CAPTAIN), CONTENDING THAT THESE EMPLOYEES ARE NOT
 SUPERVISORS WITHIN THE MEANING OF SEC. 7103(A)(10) OF THE STATUTE.  THE
 ACTIVITY CONTENDS THAT THE INCUMBENTS IN THE SUBJECT CLASSIFICATION ARE
 SUPERVISORS WITHIN THE MEANING OF SEC. 7103(A)(10) OF THE STATUTE AND,
 ON THIS BASIS, OPPOSES THEIR INCLUSION IN THE CERTIFIED UNIT.  SECTION
 7103(A)(10) DEFINES SUPERVISOR AS FOLLOWS:
 
    'SUPERVISOR' MEANS AN INDIVIDUAL EMPLOYED BY AN AGENCY HAVING
 AUTHORITY IN THE INTEREST OF
 
    THE AGENCY TO HIRE, DIRECT, ASSIGN, PROMOTE, REWARD, TRANSFER,
 FURLOUGH, LAY-OFF, RECALL,
 
    SUSPEND, DISCIPLINE, OR REMOVE EMPLOYEES, TO ADJUST THEIR GRIEVANCES,
 OR TO EFFECTIVELY
 
    RECOMMEND SUCH ACTION, IF THE EXERCISE OF THE AUTHORITY IS NOT MERELY
 ROUTINE OR CLERICAL IN
 
    NATURE BUT REQUIRES THE CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT,
 EXCEPT THAT, WITH RESPECT
 
    TO ANY UNIT WHICH INCLUDES FIREFIGHTERS OR NURSES, THE TERM
 'SUPERVISOR' INCLUDES ONLY THOSE
 
    INDIVIDUALS WHO DEVOTE A PREPONDERANCE OF THEIR EMPLOYMENT TIME TO
 EXERCISING SUCH AUTHORITY;
 
    THE FIRE PROTECTION BRANCH IS COMPOSED OF ONE FIRE CHIEF, TWO
 ASSISTANT FIRE CHIEFS, TEN FIRE CAPTAINS (GS-6), 40 FIREFIGHTERS (GS-5),
 AND 12 EMPLOYEES WHO PERFORM VARIOUS FUNCTIONS RANGING FROM INSPECTORS
 TO ALARM OPERATORS.  THE FIRE PROTECTION BRANCH OCCUPIES FOUR STATIONS
 AND A HEADQUARTERS BUILDING IN THE GEOGRAPHICAL AREA FOR WHICH IT IS
 RESPONSIBLE.  THE HEADQUARTERS IS STAFFED BY THE FIRE CHIEF AND THE TWO
 ASSISTANT FIRE CHIEFS.  FIRE STATION NO. ONE IS MANNED BY EIGHT
 FIREFIGHTERS AND TWO CAPTAINS, NO. THREE, BY SIX FIREFIGHTERS, TWO
 CAPTAINS, NO.  SIX BEING TWO SEPARATE SHIFTS MANNED EACH BY SEVEN
 FIREFIGHTERS AND TWO CAPTAINS (A TOTAL OF 14 FIREFIGHTERS AND FOUR
 CAPTAINS), PLUS TWO FIREFIGHTERS WHO STAND DUTY ON GOULD ISLAND, AND
 STATION NO.  NINE STAFFED BY TEN FIREFIGHTERS AND TWO CAPTAINS.
 
    THE FIRE CHIEF IS THE PRIMARY SUPERVISORY OFFICIAL AND IS RESPONSIBLE
 FOR DIRECTING THE ADMINISTRATIVE OPERATION OF THE FIRE PROTECTION
 BRANCH.  HE WORKS A STANDARD 8:00 A.M. TO 5:00 P.M. SHIFT, MONDAY
 THROUGH FRIDAY.  THE TWO ASSISTANT CHIEFS ARE SUPERVISORS, RESPONSIBLE
 FOR OVERSEEING THE DIRECTING THE ACTUAL WORKFORCE.  THEIR HOURS
 CORRESPOND WITH THE 24 HOUR SHIFTS WHICH THE FIRE CAPTAINS AND
 FIREFIGHTERS WORK.
 
    ALTHOUGH THE ASSISTANT FIRE CHIEFS ARE LOCATED AT HEADQUARTERS, THEIR
 JOB FUNCTIONS IS INTEGRALLY RELATED TO THE ACTIVITIES OCCURRING IN AND
 ABOUT THE FIRE STATIONS.  THE ASSISTANT CHIEF IS IN CHARGE OF ALL
 FIREFIGHTING OPERATIONS ONCE HE ARRIVES ON THE SCENE OF THE FIRE.  IN
 MOST CASES, THE ASSISTANT CHIEF WILL APPEAR FROM THREE TO FIVE MINUTES
 AFTER THE ARRIVAL OF THE FIRE CREW LED BY THE FIRE CAPTAIN.  IN
 ADDITION, THE ASSISTANT FIRE CHIEF MAKES AT LEAST ONE DAILY VISIT TO
 EVERY FIRE STATION;  THE TIME SPENT ON THE VISIT RANGES BETWEEN 15
 MINUTES AND ONE HOUR.  THE VISITS MAY INCREASE DEPENDING UPON THE NATURE
 OF THE PROBLEMS BEING EXPERIENCED BY THE PARTICULAR STATION.  THE
 PURPOSE OF THE VISITS IS TO DISCUSS WITH THE STATION'S FIRE CAPTAIN
 PROBLEMS WHICH MAY HAVE ARISEN CONCERNING PERSONNEL, EQUIPMENT, BUILDING
 CONDITIONS, SUPPLIES, AND/OR DEPARTMENTAL PROCEDURES.  THE ASSISTANT
 FIRE CHIEF IS ALSO RESPONSIBLE FOR TRAINING PERSONNEL AND CONDUCTING
 DRILLS IN FIREFIGHTING TECHNIQUE.  THE ASSISTANT FIRE CHIEF ALSO
 OFFICIALLY REVIEWS ALL THE PERFORMANCE APPRAISALS SUBMITTED BY THE FIRE
 CAPTAINS.
 
    THE RECORD REVEALS THAT THE FIRE CAPTAINS DO HAVE ADDITIONAL DUTIES,
 RESPONSIBILITIES, AND AUTHORITY IN THE FIRE STATION AS COMPARED WITH THE
 OTHER FIREFIGHTERS.  THEIR AUTHORITY IS, HOWEVER, LIMITED.  FIRE
 CAPTAINS DO NOT HIRE, PROMOTE, SUSPEND, REMOVE, TRANSFER, FURLOUGH,
 LAYOFF, OR RECALL EMPLOYEES.  HOWEVER, FIRE CAPTAINS ASSIGN TASKS SET
 OUT IN THE DAILY WORK ASSIGNMENTS, WHICH IS IN FACT, A DIRECTIVE FROM
 HEADQUARTERS.  THE DAILY WORK ASSIGNMENTS DESIGNATES THE DUTIES TO BE
 ACCOMPLISHED BY THE STATION CREW AS A WHOLE ON A DAY TO DAY BASIS
 (WASHING TRUCKS, CLEANING EQUIPMENT AND THE STATION).  THE CAPTAIN MAY
 ORDER THE FIREFIGHTER HE WISHES TO DO THE JOB.  ADDITIONALLY, HE DOES
 NOT HAVE TO ABIDE BY THE DAILY SCHEDULE, SO LONG AS THE DAILY WORK
 ASSIGNMENTS ARE COMPLETED WITHIN THE WEEK.  THE RECORD DISCLOSES THAT
 THE ASSIGNMENT OF PERSONNEL TO PERFORM THE DAILY TASKS IS CONSIDERED A
 ROUTINE PROCEDURE TAKEN DIRECTLY FROM A LONG-STANDING AND ESTABLISHED
 ROTATION SYSTEM DESIGNED TO MAKE EACH FIREFIGHTER SHARE EQUALLY IN ALL
 OF THE WORK.
 
    THE RECORD FURTHER REVEALS THAT FIRE CAPTAINS DIRECT THE FIREFIGHTERS
 TO A LIMITED EXTENT.  CAPTAINS ARE THE SUPERVISORY OFFICER AT MOST FIRES
 PRIOR TO THE ARRIVAL OF THE ASSISTANT FIRE CHIEF (ABOUT A THREE TO FIVE
 MINUTE PERIOD).  ASSISTANT FIRE CHIEFS DIRECT ALL OPERATIONS ONCE THEY
 ARRIVE.  ALL RESPONSES TO FIRE ARE PREDETERMINED IN A PRE-FIRE PLAN
 PROGRAM.  MORE SPECIFICALLY, DRILLS ARE CONDUCTED FOR SPECIFIC ALARMS,
 AND IN CASE OF AN ACTUAL FIRE, THE FIRE CREW RESPONDS EXACTLY AS THEY
 HAD PREVIOUSLY DONE IN THE DRILL.  THE INSTRUCTIONS FOR THESE DRILLS
 COME FROM THE ASSISTANT FIRE CHIEFS.
 
    FIRE CAPTAINS DO UNDERTAKE ANNUAL PERFORMANCE EVALUATIONS OF
 EMPLOYEES.  EVIDENCE INDICATES THAT NOT MUCH TIME IS DEVOTED TO THIS
 RESPONSIBILITY.  THESE EVALUATIONS APPARENTLY HAVE SOME IMPACT IN RATING
 THE EMPLOYEES IN DETERMINING THE ORDER OF RIF'S.  CAPTAINS ARE ALSO
 RESPONSIBLE FOR APPROVING WITHIN-GRADE INCREASES TO EMPLOYEES, BUT
 CANNOT AWARD QUALITY STEP INCREASES.
 
    THE RECORD DISCLOSES THAT FIRE CAPTAINS DO HAVE LIMITED AUTHORITY TO
 DISCIPLINE EMPLOYEES.  THEY CAN ISSUE ORAL AND WRITTEN REPRIMANDS.  THEY
 CANNOT, HOWEVER, UNILATERALLY SUSPEND EMPLOYEES AND THE EVIDENCE
 INDICATES THAT THEIR RECOMMENDATIONS CARRY LITTLE, IF ANY, WEIGHT.  THE
 CAPTAINS ALSO HAVE A LIMITED AUTHORITY TO AWARD EMPLOYEES.  IN
 EVALUATING EMPLOYEES, THE RATINGS MAY BE SUCH AS TO GAIN ADDITIONAL
 SENIORITY FOR THE EMPLOYEE AND/OR A SMALL MONETARY AWARD.  APPARENTLY,
 THE CAPTAIN MAY ALSO SUBMIT A RECOMMENDATION FOR AN AWARD OUTSIDE OF THE
 PERFORMANCE EVALUATION.  RECOMMENDATIONS FOR PROMOTION BY CAPTAINS ALSO
 APPEAR TO HAVE LITTLE INFLUENCE ON ACTIVITY PROMOTIONAL DECISIONS.
 
    FIRE CAPTAINS DO HAVE THE AUTHORITY TO ADJUST MINOR GRIEVANCES IF THE
 SETTLEMENTS ARE SATISFACTORY TO THE EMPLOYEE.  THEY DO NOT PARTICIPATE
 ONCE A FORMAL GRIEVANCE IS FILED.  FIRE CAPTAINS DO NOT HAVE OFFICIAL
 CONTACT WITH SHOP STEWARDS.  THE CAPTAINS ARE RESPONSIBLE FOR
 MAINTAINING ORDER WITHIN THE WORK PLACE.
 
    AS PREVIOUSLY INDICATED THE FEDERAL LABOR-MANAGEMENT RELATIONS
 STATUTE, SEC. 7103(A)(10), PROVIDES THAT IN DETERMINING THE SUPERVISORY
 STATUS OF A FIREFIGHTER, A MORE PARTICULAR STANDARD OF ASSESSMENT WILL
 BE APPLIED AS COMPARED TO OTHER EMPLOYEES.  SECTION 7103(A)(10) STATES:
 
    WITH RESPECT TO ANY UNIT WHICH INCLUDES FIREFIGHTERS OR NURSES, THE
 TERM
 
    'SUPERVISOR' INCLUDES ONLY THOSE INDIVIDUALS WHO DEVOTE A
 PREPONDERANCE OF THEIR EMPLOYMENT
 
    TIME TO EXERCISING SUCH (SUPERVISORY) AUTHORITY;
 
    THE RECORD REVEALS, AS DETAILED ABOVE, THAT ALTHOUGH CERTAIN ASPECTS
 OF THE FIRE CAPTAIN'S JOB FUNCTION MAY INVOLVE THE EXERCISE OF
 SUPERVISORY AUTHORITY, THEIR OVERALL EMPLOYMENT TIME IS SPENT IN EITHER
 ROUTINELY ADMINISTERING ACTIVITY DIRECTIVES, PERFORMING ROUTINE AND
 CLERICAL DUTIES, OR WAITING TO RESPOND TO AN ALARM.
 
    THE AUTHORITY THUS FINDS THAT THE EVIDENCE CONTAINED IN THE RECORD
 SUPPORTS THE PETITIONER'S CONTENTION THAT THE FIRE CAPTAINS, GS-6, ARE
 NOT SUPERVISORS UNDER SEC. 7103(A)(10) OF THE STATUTE, IN THAT THEY DO
 NOT DEVOTE A PREPONDERANCE OF THEIR EMPLOYMENT TIME TO SUPERVISORY
 FUNCTIONS.  ACCORDINGLY, THE AUTHORITY FINDS FIRE CAPTAINS SERVING AT
 FIRE HOUSES AT THE NAVAL EDUCATION AND TRAINING CENTER, NEWPORT, RHODE
 ISLAND, ARE NOT SUPERVISORS WITHIN THE MEANING OF THE STATUTE, AND WILL
 BE INCLUDED WITHIN THE BARGAINING UNIT.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED, IN WHICH
 EXCLUSIVE RECOGNITION WAS GRANTED TO THE INTERNATIONAL ASSOCIATION OF
 FIREFIGHTERS, LOCAL F-100, ON JULY 8, 1974, AT THE NAVAL EDUCATION AND
 TRAINING CENTER, NEWPORT, RHODE ISLAND, BE AND HEREBY IS, CLARIFIED BY
 INCLUDING IN SAID UNIT THE POSITION OF SUPERVISORY FIREFIGHTER, GS-6
 (FIRE CAPTAIN).
 
    ISSUED, WASHINGTON, D.C., MAY 30, 1980
 
                       RONALD W