Department of the Air Force, National Guard Bureau, The Adjutant General, The State of Arizona (Activity/Petitioner) and American Federation of Government Employees, Local 3046 (Labor Organization)

 



[ v03 p382 ]
03:0382(58)CU
The decision of the Authority follows:


 3 FLRA No. 58
 
 DEPARTMENT OF THE AIR FORCE
 NATIONAL GUARD BUREAU
 THE ADJUTANT GENERAL
 THE STATE OF ARIZONA /1/
 Activity/Petitioner
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 3046
 Labor Organization
 
                                            Case No. 8-CU-1
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
 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
 THOMAS R. WILSON.  THE HEARING OFFICER'S RULINGS MADE AT THE HEARING ARE
 FREE FROM PREJUDICIAL ERROR AND HEREBY AFFIRMED.
 
    UPON THE ENTIRE RECORD IN THE SUBJECT CASE, THE AUTHORITY FINDS:  THE
 ACTIVITY FILED A PETITION FOR CLARIFICATION OF UNIT (CU) SEEKING TO
 CLARIFY A UNIT REPRESENTED BY THE AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 3046, AFL-CIO (AFGE).  /2/ SPECIFICALLY, THE ACTIVITY
 SEEKS TO EXCLUDE FROM THE UNIT EMPLOYEES IN THE FOLLOWING JOB
 DESCRIPTIONS:  AIRCRAFT MECHANIC, WG-8852-12;  PNEUDRAULIC SYSTEMS
 MECHANIC, WG-8255-12;  AIRCRAFT ELECTRICIAN, WG-2892-11;  AIRCRAFT
 PNEUDRAULIC SYSTEMS MECHANIC, WG-8268-11;  PNEUDRAULIC SYSTEMS MECHANIC,
 WG-8255-11;  FABRIC WORKER, WG-3105-11;  ELECTRONICS MECHANIC (RADAR),
 WG-2614-14;  POWERED SUPPORT SYSTEMS MECHANIC, WG-5378-12;  AUTOMOTIVE
 MECHANIC, WG-5823-12.  THE ACTIVITY CONTENDS THAT THE EMPLOYEES IN THESE
 POSITIONS, KNOWN AND HEREINAFTER REFERRED TO AS SMALL SHOP CHIEFS, ARE
 SUPERVISORY, AND, IN ACCORDANCE WITH SEC. 7103(A)(10) OF THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, 5 U.S.C. 7101-7135, SHOULD
 BE EXCLUDED FROM THE BARGAINING UNIT.  THE AFGE CONTENDS THAT ALTHOUGH
 THE SMALL SHOP CHIEFS IN QUESTION HAVE ADDITIONAL RESPONSIBILITIES AND
 DUTIES AS COMPARED WITH THOSE EMPLOYEES WITH WHOM THEY CLOSELY WORK,
 THEY ARE NOT ENOUGH TO CLASSIFY THEM AS SUPERVISORS.
 
    THE POSITIONS IN QUESTION ARE ALL LOCATED IN EITHER THE 107TH
 TACTICAL CONTROL SQUADRON OR THE 161ST AIR REFUELING GROUP OF THE
 ARIZONA AIR NATIONAL GUARD.  THE 107TH IS A MOBILE RADAR CONTROL UNIT
 DESIGNED TO OPERATE FROM FIELD LOCATIONS ON A SELF-SUFFICIENT BASIS.
 THE 161ST IS A RESERVE UNIT RESPONSIBLE FOR RECRUITING AND TRAINING
 PERSONNEL, MAINTAINING SUPPORT EQUIPMENT, AND MAINTAINING BASE
 FACILITIES FOR A RESERVE FORCE CAPABLE OF AUGMENTING THE STRATEGIC AIR
 COMMAND IN SUPPORT OF AIR REFUELING.  THE ACTIVITY HAS IDENTIFIED 19
 SMALL SHOP CHIEFS IN THE TWO UNITS, BUT SEEKS TO HAVE ONLY NINE
 CLASSIFIED AS SUPERVISORS.  ALL NINE POSITIONS ARE SITUATED WITHIN THE
 CHIEF OF MAINTENANCE COMPLEX.  SIX OF THESE POSITIONS ARE LOCATED IN THE
 161ST, FIVE OF WHICH ARE SITUATED IN THE AEROSPACE SYSTEMS DIVISION AND
 THE REMAINING POSITION IS IN FABRICATION.  THE THREE SMALL SHOP CHIEF
 POSITIONS IN THE 107TH ARE SPECIFICALLY LOCATED IN THE GROUND RADAR
 SECTION, THE AEROSPACE GROUND EQUIPMENT SECTION AND VEHICLE MAINTENANCE
 OPERATIONS.  EACH DIVISION IS HEADED BY A SUPERINTENDENT AND IS
 ORGANIZED INTO SPECIFIC SECTIONS, EACH HEADED BY A FOREMAN.  EACH
 SECTION IS FURTHER ORGANIZED INTO SHOPS, WHICH ARE HEADED BY THE SMALL
 SHOP CHIEFS.  THE SHOPS ARE MANNED, IN ADDITION TO THE SHOP CHIEF, BY
 ONE OR TWO JOURNEYMEN TECHNICIANS WHO SERVE IN A CIVILIAN CAPACITY.  THE
 SMALL SHOP CHIEFS ARE AT LEAST ONE GRADE HIGHER THAN THOSE TECHNICIANS
 ASSIGNED TO THE RESPECTIVE SHOPS.
 
    SMALL SHOP CHIEFS ARE ULTIMATELY RESPONSIBLE FOR THE COMPLETION OF
 WORK ASSIGNED TO THEIR SPECIFIC SHOP BY THE CHIEF OF MAINTENANCE.  THE
 RECORD REVEALS THAT IN CARRYING OUT THESE DESIGNATED TASKS, SMALL SHOP
 CHIEFS, ACTING IN THEIR CIVILIAN CAPACITY, CONSISTENTLY ASSIGN AND
 DIRECT THOSE CIVILIAN TECHNICIANS WITH WHOM THEY WORK, AND CONSISTENTLY
 EXERCISE INDEPENDENT JUDGMENT IN SUPERVISING THE TECHNICIANS'
 PERFORMANCES.  THE RECORD REVEALS THE SMALL SHOP CHIEFS GIVE TECHNICAL
 ADVICE TO LOWER GRADED EMPLOYEES WITHIN THEIR SHOP.  THERE IS EVIDENCE
 TO SHOW THE CHIEFS REGULARLY PARTICIPATE IN THE TRAINING OF TECHNICIANS,
 AND THEY ARE RESPONSIBLE FOR EITHER SUFFICIENTLY TRAINING THE INDIVIDUAL
 OR ASSIGNING HIM TO A PROPER TRAINING PROGRAM.
 
    THE SMALL SHOP CHIEF IS RESPONSIBLE FOR ALL THE ASSIGNMENT OF WORK
 WITHIN HIS SHOP.  HE DETERMINES WHO WILL PERFORM THE WORK, BASED UPON
 HIS EVALUATION OF THE NATURE OF THE JOB AND THE EXPERTISE OF THE
 TECHNICIANS(S) IN HIS SHOP.  HE ALSO MAKES ALL WORK SHIFT ASSIGNMENTS.
 THE SMALL SHOP CHIEF ALSO DECIDES WHEN VARIOUS MAINTENANCE TASKS WILL BE
 PERFORMED WITHIN HIS SHOP IF THE CHIEF OF MAINTENANCE HAS NOT
 ESTABLISHED PRIORITIES.  IN ALL CASES, IT IS THE SMALL SHOP CHIEF WHO
 DETERMINES WHICH TECHNICIAN WILL UNDERTAKE THE ASSIGNMENT.
 
    THE RECORD ALSO DISCLOSES THAT IN REGARDS TO DISCIPLINE, SMALL SHOP
 CHIEFS HAVE EXERCISED AUTHORITY OVER CIVILIAN TECHNICIANS.  THEY HAVE
 RECOMMENDED DISCIPLINARY ACTIONS WHICH HAVE RESULTED IN LETTERS OF
 REPRIMAND BEING PLACED INTO THE EMPLOYEES' PERSONNEL FILES.  THEY HAVE
 ALSO INITIATED ACTIONS WHICH ARE PENDING RESOLUTION.
 
    THE POSITION DESCRIPTIONS ENTERED INTO EVIDENCE DESCRIBE THE
 SUPERVISORY AUTHORITY OF THE SMALL SHOP CHIEFS.  THE AUTHORITY INCLUDES:
  CONTROL OVER WORK OPERATIONS PERFORMED BY CIVILIAN TECHNICIANS ASSIGNED
 TO THEIR SHOP;  PLANNING, ORGANIZING, AND SCHEDULING WORK ASSIGNMENTS;
 EXPLAINING WORK REQUIREMENTS, WORK METHODS, AND STANDARDS OF QUALITY AND
 QUANTITY TO BE MET TO THE CIVILIAN TECHNICIANS;  MONITORING WORK AND
 GIVING INSTRUCTIONS TO THE TECHNICIANS ON DIFFICULT OPERATIONS;  MAKING
 ADJUSTMENTS IN WORK ASSIGNMENTS;  AND SCHEDULING LEAVE, APPRAISING
 PERFORMANCE, RECOMMENDING PROMOTION, AND INITIATING DISCIPLINARY ACTION.
  THE RECORD DISCLOSES THE THREE SMALL SHOP CHIEFS TESTIFIED, ALL
 CONCURRING THAT THEIR POSITION DESCRIPTIONS DESCRIBED THEIR AUTHORITY
 AND FUNCTIONS WITHIN THEIR SHOPS.
 
    THE AUTHORITY FINDS THE EVIDENCE CONTAINED IN THE RECORD CLEARLY
 ESTABLISHES THE NINE SHALL SHOP CHIEFS ARE SUPERVISORS AS DEFINED BY
 SEC. 7103(A)(10) OF THE STATUTE.  THAT DEFINITION PROVIDES, IN PERTINENT
 PART:  "'SUPERVISOR' MEANS AN INDIVIDUAL EMPLOYED BY AN AGENCY HAVING
 AUTHORITY IN THE INTEREST OF THE AGENCY TO HIRE, DIRECT, ASSIGN,
 PROMOTE, REWARD, TRANSFER, FURLOUGH, LAYOFF, 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, . . . " THE SMALL SHOP CHIEFS DIRECT
 AND ASSIGN CIVILIAN TECHNICIANS IN THE PERFORMANCE OF THEIR WORK, AND
 EITHER HAVE OR WILL SOON BE AUTHORIZED TO RECOMMEND THE PROMOTION,
 AND/OR DISCIPLINE OF THE CIVILIAN TECHNICIANS IN THEIR SHOPS.
 ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT EMPLOYEES IN THE DISPUTED
 JOB CLASSIFICATIONS BE EXCLUDED FROM THE EXCLUSIVELY REPRESENTED UNIT.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED, IN WHICH
 EXCLUSIVE RECOGNITION WAS GRANTED TO THE AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, LOCAL 3046, ON SEPTEMBER 29, 1969, AT THE
 DEPARTMENT OF THE AIR FORCE, NATIONAL GUARD BUREAU, STATE OF ARIZONA,
 PHOENIX, ARIZONA, BE, AND IT HEREBY IS, CLARIFIED BY EXCLUDING FROM SAID
 UNIT THE FOLLOWING POSITIONS:  AIRCRAFT MECHANIC, WG-8852-12;
 PNEUDRAULIC SYSTEMS MECHANIC, WG-8255-12;  AIRCRAFT ELECTRICIAN,
 WG-2892-11;  AIRCRAFT PNEUDRAULIC SYSTEMS MECHANIC, WG-8268-11'
 PNEUDRAULIC SYSTEMS MECHANIC, WG-8255-11;  FABRIC WORKER, WG-3105-11;
 ELECTRONIC MECHANICS (RADAR), WG-2614-14;  POWERED SUPPORT SYSTEMS
 MECHANIC, WG-5378-12;  AUTOMOTIVE MECHANIC, WG-5823-12.
 
    ISSUED, WASHINGTON, D.C., JUNE 10, 1980
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
    /1/ THE NAME OF THE ACTIVITY APPEARS AS AMENDED AT THE HEARING.
 
    /2/ THE AFGE WAS RECOGNIZED AS THE EXCLUSIVE REPRESENTATIVE ON
 SEPTEMBER 29, 1969, IN A UNIT DEFINED AS FOLLOWS:
 
    ALL TECHNICIANS OF THE PHOENIX AIR NATIONAL GUARD, CLARIFIED AS
 NECESSARY BY THE ASSISTANT
 
    SECRETARY EXCLUDING PROFESSIONAL, MANAGERIAL, SUPERVISORY EMPLOYEES
 AND EMPLOYEES ENGAGED IN
 
    FEDERAL PERSONNEL WORK OF A NON-CLERICAL NATURE.