National Guard Bureau, Massachusetts Air National Guard (Activity/Petitioner) and American Federation of Government Employees, AFL-CIO, Local 3004 (Labor Organization/Petitioner)

 



[ v03 p913 ]
03:0913(132)CU
The decision of the Authority follows:


 3 FLRA No. 132
 
 NATIONAL GUARD BUREAU
 MASSACHUSETTS AIR NATIONAL GUARD
 Activity/Petitioner
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 3004
 Labor Organization/Petitioner
 
                                            Case Nos. 1-CU-1
                                                      1-CU-2
                                                      1-CU-3
                                                      1-CU-4
 
              CONSOLIDATED DECISION AND ORDER CLARIFYING UNIT
 
    UPON PETITIONS DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
 UNDER SECTION 7111(B)(2) OF THE FEDERAL SERVICE LABOR-MANAGEMENT
 RELATIONS STATUTE, 5 U.S.C. SECS.  7101-7135, A HEARING WAS HELD BEFORE
 A HEARING OFFICER OF THE AUTHORITY.  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 CASES, /1/ THE AUTHORITY FINDS:
 
    THE PARTIES FILED PETITIONS FOR CLARIFICATION OF UNIT (CU) SEEKING TO
 CLARIFY UNITS REPRESENTED BY THE AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 3004 (AFGE).  /2/ SPECIFICALLY, THE ACTIVITY
 SEEKS TO EXCLUDE FROM THE UNITS EMPLOYEES IN THE FOLLOWING JOB
 DESCRIPTIONS:  AUTOMOTIVE MECHANIC, WG-5823-12 (3 POSITIONS);
 ELECTRONICS MECHANIC (POWER), WG-2614-13;  ELECTRONICS MECHANIC (RADIO),
 WG-261414;  ELECTRONIC MECHANIC (TELEPHONE) WG-2614-13;  ELECTRONIC
 MECHANIC (TELEPHONE), WG-2614-14 (2 POSITIONS);  PNEUDRAULIC SYSTEMS
 MECHANIC, WG-8255-12;  EXPLOSIVE ORDANCE TECHNICIAN, WG-6501-12:
 AIRCRAFT REFUELING VEHICLE OPERATOR, WG-5701-9;  ELECTRONICS MECHANIC
 (COMPUTER), WG-2614-14;  ELECTRONICS MECHANIC (RADAR), WG-2614-14:
 FABRIC WORKER, WG-3105-11;  AIRCRAFT ORDNANCE SYSTEMS MECHANIC,
 WG-6652-12;  ELECTRONICS MECHANIC (FLIGHT SIMULATOR) WG-2614-14;  AND
 ENVIRONMENTAL MECHANIC, WG-12.  /3/ THE ACTIVITY CONTENDS THAT THE
 SIXTEEN (16) EMPLOYEES IN THESE POSITIONS, KNOWN AS SMALL SHOP CHIEFS,
 ARE SUPERVISORS, AND SHOULD BE EXCLUDED FROM THE BARGAINING UNIT.
 CONVERSELY, THE AFGE CONTENDS THAT THE AFOREMENTIONED EMPLOYEES ARE NOT
 SUPERVISORS AS DEFINED IN SECTION 7103(A)(10) OF THE STATUTE INASMUCH AS
 THE DUTIES THEY PERFORM ARE ROUTINE AND CLERICAL IN NATURE AND DO NOT
 INVOLVE THE CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT AS REQUIRED FOR
 A FINDING OF SUPERVISORY STATUS.
 
    THE POSITIONS IN QUESTION ARE ALL LOCATED AT EITHER THE 102ND FIGHTER
 INTERCEPTOR WING AT OTIS AIR FORCE BASE, THE 212TH ELECTRONICS
 INSTALLATION SQUADRON AND THE 101ST TACTICAL CONTROL, SQUADRON AT
 WORCESTER AIR NATIONAL GUARD STATION, OR THE HEADQUARTERS 253RD COMBAT
 COMMUNICATIONS GROUP/267TH COMTAC SQUADRON AT WELLESLEY AIR NATIONAL
 GUARD STATION.  THE 102ND FIGHTER INTERCEPTER WING PROVIDES RESPONSE TO
 FIGHTER INTERCEPTOR AIRCRAFT IN THE DEFENSE OF THE NORTH AMERICAN
 CONTINENT.  THE 212TH ELECTRONICS INSTALLATION SQUADRON INSTALLS,
 MAINTAINS, AND ENGINEERS TELEPHONE COMMUNICATIONS, GROUND AIR
 NAVIGATIONAL AIDS, AND ASSOCIATED SYSTEMS WITHIN A THEATER OF
 OPERATIONS.  THE 253RD COMBAT COMMUNICATIONS GROUP/267TH COMTAC SQUADRON
 PROVIDES EQUIPMENT AND SERVICES IN SUPPORT OF WORLDWIDE UNITED STATES
 AIR FORCE COMMUNICATIONS AND FLIGHT FACILITIES REQUIREMENTS.  SIX OF THE
 SMALL SHOP CHIEFS ARE LOCATED IN THE 102ND, TWO IN THE 212TH, FIVE IN
 THE 101ST AND THE REMAINDER IN THE 253RD.  EACH SMALL SHOP CHIEF HEADS A
 SEPARATE SMALL SHOP, AND REPORTS UPWARD EITHER TO A SECTION
 FOREMAN/SUPERVISOR OR DIRECTLY TO THE DETACHMENT COMMANDER.  THE SHOPS
 ARE MANNED, IN ADDITON TO THE SHOP CHIEF, BY ONE OR TWO JOURNEYMEN
 TECHNICIANS. THE SMALL SHOP CHIEFS ARE AT LEAST ONE GRADE HIGHER THAN
 THE TECHNICIANS ASSIGNED TO THEIR RESPECTIVE SHOPS.
 
    ALTHOUGH THE ACTIVITY'S SMALL SHOP CHIEFS HAVE THE RESPONSIBILITY FOR
 MAKING WORK ASSIGNMENTS WITHIN THEIR RESPECTIVE SHOPS, THE REGULATION
 AND SCHEDULING OF SUCH WORK AND THE PRIORITIES GIVEN THERETO ARE
 DETERMINED BY MAINTENANCE CONTROL, WORK ORDERS OR PRODUCTION CONTROL,
 WHICH, FOR THE MOST PART, ARE BASED ON AIR FORCE MAINTENANCE SCHEDULES.
 THE ASSIGNMENT OF WORK TO THE SMALL SHOPS USUALLY FOLLOWS THESE ROUTINE,
 PERIODIC MAINTENANCE PROCEDURES.  THE RECORD INDICATES THE SMALL SHOP
 CHIEFS' SELECTION OF EMPLOYEES FOR SUCH WORK INVOLVES LIMITED
 DISCRETION.  IN THIS CONNECTION, THE RECORD REVEALS SHOP EMPLOYEES ARE
 HIGHLY QUALIFIED, KNOW WHAT IS EXPECTED OF THEM, AND PERFORM THEIR JOBS
 IN ACCORDANCE WITH WORK GUIDELINES SUCH AS AIR FORCE TECHNICAL ORDERS.
 MOREOVER, WHILE THERE IS NO CONSISTENT PATTERN REGARDING THE ASSIGNMENT
 OF WORK TO INDIVIDUAL EMPLOYEES, A NUMBER OF THE EMPLOYEES COMPLETE SUCH
 WORK WITHOUT ANY SPECIFIC ASSIGNMENT OR OTHER INSTRUCTIONS FROM THEIR
 SMALL SHOP CHIEFS.
 
    WITH REGARD TO HIRING, THE RECORD ESTABLISHES THAT EIGHT OF THE SMALL
 SHOP CHIEFS WERE ASKED THEIR OPINION OF AN APPLICANT FOR EMPLOYMENT ON
 ONE OCCASION, AND ANOTHER SMALL SHOP CHIEF TWICE WAS ASKED FOR HIS
 OPINION OF APPLICANTS.  HOWEVER, IT APPEARS NONE OF THESE SMALL SHOPS
 CHIEFS WAS ASKED TO MAKE A RECOMMENDATION FROM AMONG A NUMBER OF
 CANDIDATES, BUT EACH MERELY WAS ASKED ABOUT THE ONE INDIVIDUAL WHO WAS
 EVENTUALLY HIRED.  FURTHER, WITH RESPECT TO PROMOTIONS, WHILE THREE
 SMALL SHOP CHIEFS HAVE RECOMMENDED PROMOTIONS ON ONE OCCASION, THE
 RECORD INDICATES TWO SUCH RECOMMENDATIONS INVOLVED EMPLOYEES WHO HAD
 JUST COMPLETED REQUIRED TRAINING, AT WHICH TIME PROMOTIONS ROUTINELY
 OCCUR;  AND THE OTHER RECOMMENDATION INVOLVED AN INDIVIDUAL IN THE
 MILITARY.  ADDITIONALLY, ONLY FIVE EMPLOYEES HAVE EVER BEEN RECOMMENDED
 FOR AN AWARD, ON EACH OCCASION BY A DIFFERENT SMALL SHOP CHIEF, AND ONLY
 ONCE HAS AN EMPLOYEE BEEN RECOMMENDED FOR (MILITARY) DISCIPLINE.
 
    THE AUTHORITY FINDS THE EVIDENCE CONTAINED IN THE RECORD IS
 INSUFFICIENT TO ESTABLISH THAT THE SIXTEEN (16) SMALL SHOP CHIEFS
 INVOLVED HEREIN ARE SUPERVISORS AS DEFINED BY SECTION 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. . . ." THUS, WHEN ASSERTING AN INDIVIDUAL'S PERFORMANCE WITH
 REGARD TO THE INDICIA OF SUPERVISORY AUTHORITY SPECIFIED IN SECTION
 7103(A)(10), THE EVIDENCE MUST ESTABLISH THAT THE EXERCISE OFSUCH
 AUTHORITY IS "NOT MERELY ROUTINE OR CLERICAL IN NATURE" BUT INVOLVES
 "THE CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT." AS PREVIOUSLY STATED
 (SUPRA P. 2), WHILE THE SMALL SHOP CHIEFS ASSIGN WORK TO EMPLOYEES, THE
 RECORD CLEARLY SHOWS THAT SUCH ASSIGNMENTS FOLLOW ESTABLISHED
 MAINTENANCE PROCEDURES AND ARE "ROUTINE IN NATURE." SIMILARLY, THE FEW
 RECOMMENDATIONS OF EMPLOYEES FOR PROMOTION APPEAR TO HAVE BEEN IN
 ACCORDANCE WITH ESTABLISHED POLICY AND THEREFORE DID NOT INVOLVE THE
 EXERCISE OF INDEPENDENT JUDGMENT.  WITH REGARD TO HIRING, THE EVIDENCE
 IN THE RECORD DEMONSTRATES THAT SEVERAL SMALL SHOP CHIEFS WERE MERELY
 ASKED TO CONFIRM THAT A PREVIOUSLY IDENTIFIED APPLICANT WAS ACCEPTABLE
 FOR EMPLOYMENT, BUT WERE NOT ASKED TO MAKE RECOMMENDATIONS FROM AMONG
 SEVERAL CANDIDATES.  IN THE AUTHORITY'S VIEW, THE SMALL SHOP CHIEFS DID
 NOT THEREBY "EFFECTIVELY RECOMMEND SUCH (HIRING) ACTION" WITHIN THE
 MEANING OF SECTION 7103(A)(10) OF THE STATUTE.  FINALLY, A SMALL SHOP
 CHIEF'S RECOMMENDATION OF AN EMPLOYEE FOR AN AWARD ON ONLY ONE OCCASION,
 EVEN IF EFFECTIVE, FAILS TO ESTABLISH IN AND OF ITSELF THE "CONSISTENT"
 EXERCISE OF INDEPENDENT JUDGMENT IN THE PERFORMANCE OF SUPERVISORY
 AUTHORITY AS REQUIRED BY THE STATUTE;  NOR DOES THE ONE INSTANCE WHERE A
 SMALL SHOP CHIEF RECOMMENDED AN EMPLOYEE FOR MILITARY DISCIPLINE.
 
    ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT THE INCUMBENTS IN THE
 DISPUTED JOB CLASSIFICATIONS BE INCLUDED IN THE EXCLUSIVELY REPRESENTED
 UNIT.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE CONSOLIDATED UNIT SOUGHT TO BE
 CLARIFIED HEREIN FOR WHICH THE AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 3004 WAS CERTIFIED ON JUNE 26, 1979, AT THE
 NATIONAL GUARD BUREAU, MASSACHUSETTS AIR NATIONAL GUARD, BE, AND IT
 HEREBY IS, CLARIFIED BY INCLUDING IN THE UNIT THE EMPLOYEES IN THE
 FOLLOWING POSITIONS:  AUTOMOTIVE MECHANIC, WG-5823-12 (3 POSITIONS);
 ELECTRONICS MECHANIC (POWER), WG-2614-13;  ELECTRONICS MECHANICS
 (RADIO), WG-2614-14;  ELECTRONIC MECHANIC (TELEPHONE), WG-2614-13;
 ELECTRONIC MECHANIC (TELEPHONE), WG-2614-14 (2 POSITIONS);  PNEUDRAULIC
 SYSTEMS MECHANIC, WG-8255-12;  EXPLOSIVE ORDNANCE TECHNICIAN,
 WG-6501-12;  AIRCRAFT REFUELING VEHICLE OPERATOR, WG-5701-0;
 ELECTRONICS MECHANIC (COMPUTER), WG-2614-14;  ELECTRONICS MECHANIC
 (RADAR), WG-2614-14;  FABRIC WORKER, WG-3105-11;  AIRCRAFT ORDNANCE
 SYSTEMS MECHANIC, WG-6652-12;  AND ELECTRONICS MECHANIC (FLIGHT
 SIMULATOR), WG-2614-14.
 
    ISSUED, WASHINGTON, D.C., JULY 31, 1980
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
                          CERTIFICATE OF SERVICE
 
    COPIES OF THE DECISION AND ORDER OF THE FEDERAL LABOR RELATIONS
 AUTHORITY IN THE SUBJECT PROCEEDING HAVE THIS DAY BEEN MAILED TO THE
 PARTIES LISTED BELOW:
 
    JAMES N. DOHERTY, ESQ.
 
    PARKER, COULTER, DALEY, & WHITE
 
    ONE BEACON STREET
 
    BOSTON, MASSACHUSETTS 02108
 
    LT. COL. DONALD M. LAVIMONIERE
 
    LABOR RELATIONS SPECIALIST
 
    NATIONAL GUARD
 
    143 SPEEN STREET
 
    NATICK, MASSACHUSETTS 01760
 
    RONALD F. MASTROCOLA
 
    PERSONNEL STAFF OFFICER
 
    ONE MINUTEMAN LANE
 
    WELLESLEY, MASSACHUSETTS 02108
 
    WILLIAM J. STONE
 
    STAFF COUNSEL
 
    LABOR ORGANIZATION'S REP.
 
    OFFICE OF GENERAL COUNSEL
 
    AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
 
    AFL-CIO
 
    1325 MASSACHUSETTS AVENUE, N.W.
 
    WASHINGTON, D.C.  20005
 
    WILFRED F. LEMIEUX
 
    VICE PRESIDENT OF LOCAL 3004
 
    678 PUTNAM AVENUE
 
    COTUIT, MASSACHUSETTS 02635
 
    JOHN M. ARTHUR
 
    PRESIDENT OF AFGE LOCAL 3004
 
    7 SAMOSET ROAD
 
    EAST SANDWICH, MASSACHUSETTS 02437
 
    /1/ THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, FILED
 AN UNTIMELY BRIEF IN THE INSTANT CASE WHICH HAS NOT BEEN CONSIDERED BY
 THE AUTHORITY.
 
    /2/ AFGE LOCAL 3004 WAS CERTIFIED ON JUNE 26, 1979, AS EXCLUSIVE
 REPRESENTATIVE IN THE FOLLOWING CONSOLIDATED UNIT:
 
    ALL AIR NATIONAL GUARD TECHNICIANS EMPLOYED BY THE MASSACHUSETTS