Department of Defense, National Guard Bureau, Texas Adjutant General's Department, Austin, Texas and American Federation of Government Employees, Texas Air National Guard Council of Locals, Grand Prairie, Texas

 



[ v04 p74 ]
04:0074(9)CU
The decision of the Authority follows:


 4 FLRA No. 9
 
 DEPARTMENT OF DEFENSE,
 NATIONAL GUARD BUREAU,
 TEXAS ADJUTANT GENERAL'S
 DEPARTMENT, AUSTIN, TEXAS
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, TEXAS AIR NATIONAL GUARD
 COUNCIL OF LOCALS, AFL-CIO,
 GRAND PRAIRIE, TEXAS
 Labor Organization/Petitioner
 
                                            Case No. 6-CU-10
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
 UNDER SECTION 71111 (B)(2) OF THE FEDERAL SERVICE LABOR MANAGEMENT
 RELATIONS STATUTE, 5 U.S.C.  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 PREJUDICAL ERROR AND ARE HEREBY AFFIRMED.
 
    UPON THE ENTIRE RECORD IN THE SUBJECT CASE, THE AUTHORITY FINDS:  THE
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, TEXAS AIR NATIONAL GUARD
 COUNCIL OF LOCALS, AFL-CIO, GRAND PRAIRIE, TEXAS (AFGE) FILED A PETITION
 FOR CLARIFICATION OF UNIT (CU) IN ORDER TO DETERMINE WHETHER OR NOT
 CERTAIN EMPLOYEES SHOULD BE EXCLUDED FROM THE EXCLUSIVELY REPRESENTED
 BARGAINING UNIT.  /1/ SPECIFICALLY, THE AFGE SEEKS TO DETERMINE WHETHER
 OR NOT THE EMPLOYEES IN THE FOLLOWING JOB DESCRIPTIONS SHOULD BE
 EXCLUDED FROM THE UNIT AS BEING SUPERVISORS:  ELECTRONICS MECHANIC
 (FLIGHT SIMULATOR) F3415,WG-13;  INSTRUMENT MECHANIC F4492;  WG-12;
 AIRCRAFT MECHANIC F4532, WG-11;  PNEUDRAULIC SYSTEMS MECHANIC F4535,
 WG-11;  AIRCRAFT ELECTRICIAN F4538, WG-11;  AIRCRAFT PNEUDRAULIC SYSTEMS
 MECHANIC F4541, WG-11;  AIRCRAFT ORDINANCE SYSTEMS MECHANIC F4544,
 WG-11;  PNEUDRAULIC SYSTEMS MECHANIC PF4548, WG-11;  EXPLOSIVE ORDINANCE
 TECHNICIAN F4579, WG-12;  AIRCRAFT REFUELING VEHICLE OPERATOR, F6417,
 WG-09;  AND FABRIC WORKER F9214, WG-11.  THE AFGE CONTENDS THE POSITIONS
 IN QUESTION SHOULD CONTINUE TO BE INCLUDED IN THE BARGAINING UNIT, AND
 THE ACTIVITY CONTENDS THEY SHOULD BE EXCLUDED BECAUSE THE EMPLOYEES ARE
 SUPERVISORS AS DEFINED IN 5 U.S.C.  7103(A)(10).
 
    THE POSITIONS IN QUESTION ARE LOCATED IN NUMEROUS AIR NATIONAL GUARD
 FACILITIES THROUGHOUT THE STATE OF TEXAS.  THESE POSITIONS, ALSO KNOWN
 AS SMALL SHOP CHIEFS, ARE INVOLVED WITH THE MAINTENANCE OF AIRCRAFT OF
 THE TEXAS AIR NATIONAL GUARD.  THE SMALL SHOP CHIEFS ARE IN CHARGE OF
 THE SPECIALIZED SHOPS IN WHICH THEY FUNCTION AND NORMALLY HAVE ONE OR
 TWO JOURNEYMEN MECHANICS UNDER THEM.  GENERALLY, THE SMALL SHOP CHIEFS
 ARE AT LEAST ONE GRADE HIGHER THAN THE JOURNEYMEN WORKING WITH THEM.
 
    THE SMALL SHOP CHIEFS, AS NOTED IN THEIR JOB DESCRIPTIONS, ARE
 REQUIRED TO:  PLAN, ORGANIZE AND SCHEDULE WORK ASSIGNMENTS;  ESTABLISH
 PRODUCTION CONTROLS, EXPLAIN WORK REQUIREMENTS, WORK METHODS AND THE
 STANDARDS OF QUALITY AND QUANTITY TO BE MET;  MONITOR WORK AND GIVE
 INSTRUCTIONS ON DIFFICULT OPERATIONS;  MAKE ADJUSTMENTS IN THE WORK
 ASSIGNMENTS AND METHODS AS NEEDED;  SCHEDULE LEAVE;  APPRAISE
 PERFORMANCE OF SUBORDINATES;  RECOMMEND PROMOTIONS AND INITIATE
 DISCIPLINARY ACTIONS AS NEEDED.
 
    FROM THE TESTIMONY OF THE SMALL SHOP CHIEFS THE RECORD APPEARS CLEAR
 THAT THE SMALL SHOP CHIEFS HAVE INTERVIEWED AND RECOMMENDED THE HIRING
 OF AT LEAST ONE OF THEIR SUBORDINATES;  HAVE APPRAISED THE WORK OF THEIR
 SUBORDINATES;  APPROVED LEAVE FOR THEIR SUBORDINATES AND AUTHORIZED
 OVERTIME.  THE RECORD ALSO INDICATED INCUMBENTS IN THESE POSITIONS HAVE
 RECOMMENDED SUBORDINATES FOR PROMOTIONS AND/OR AWARDS;  HAVE INITIATED
 DISCIPLINARY ACTIONS, AND HANDLED GRIEVANCES.  THE RECORD ALSO NOTED
 SMALL SHOP CHIEFS HAVE ATTENDED SUPERVISORY MEETINGS.  ALTHOUGH SMALL
 SHOP CHIEFS TESTIFIED THEY HAVE THE AUTHORITY TO RECOMMEND PROMOTIONS,
 INITIATE DISCIPLINARY ACTIONS AND HANDLE GRIEVANCES, THE RECORD REFLECTS
 THAT SOME HAVE NOT HAD THE OPPORTUNITY BUT WOULD EXERCISE SUCH AUTHORITY
 WHEN THE OPPORTUNITY AROSE.
 
    THE AUTHORITY FINDS THE EVIDENCE CONTAINED IN THE RECORD CLEARLY
 ESTABLISHES THE 16 SMALL SHOP CHIEFS AS SUPERVISORS AS DEFINED BY SEC.
 7103(A)(10) OF THE STATUTE.  SECTION 7103(A)(10) 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 A CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT, .
 . .
 
    THUS, THE RECORD CLEARLY ESTABLISHES THE EMPLOYEES IN THE JOB
 CLASSIFICATIONS INVOLVED HEREIN, KNOWN AS SMALL SHOP CHIEFS, ARE
 AUTHORIZED AND HAVE EXERCISED THE AUTHORITY TO DIRECT AND ASSIGN
 CIVILIAN TECHNICIANS IN THE PERFORMANCE OF THEIR WORK, EFFECTIVELY
 RECOMMENDED THE HIRING OF EMPLOYEES, DISCIPLINARY ACTIONS, PROMOTIONS
 AND AWARDS, AND HAVE ADJUSTED GRIEVANCES, UTILIZING THE CONSISTENT
 EXERCISE OF INDEPENDENT JUDGMENT.  (SEE DEPARTMENT OF THE AIR FORCE,
 NATIONAL GUARD BUREAU, THE ADJUTANT GENERAL, THE STATE OF ARIZONA, 3
 FLRA NO. 58 (1980) AND U.S. AIR FORCE MILITARY AIRLIFT COMMAND, 76
 MILITARY AIRLIFT WING, 76 AIR BASE GROUP, ANDREWS AIR FORCE BASE,
 WASHINGTON, D.C., 2 FLRA NO. 83 (1980)) ACCORDINGLY, THE AUTHORITY SHALL
 ORDER THE EMPLOYEES IN THE DISPUTED JOB CLASSIFICATIONS BE EXCLUDED FROM
 THE EXCLUSIVELY REPRESENTED UNIT.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE UNITS SOUGHT TO BE CLARIFIED HEREIN FOR
 WHICH THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, TEXAS AIR
 NATIONAL GUARD COUNCIL OF LOCALS, AFL-CIO, GRAND PRAIRIE, TEXAS WAS
 CERTIFIED ON MAY 14, 1971, BE, AND IT HEREBY IS, CLARIFIED BY EXCLUDING
 FROM THE UNIT AS SUPERVISORS THE EMPLOYEES IN THE FOLLOWING POSITIONS:
 ELECTRONICS MECHANIC (FLIGHT SIMULATOR) 3415, WG-13;  INSTRUMENT
 MECHANIC 4492, WG-12;  AIRCRAFT MECHANIC F4532, WG-11;  PNEUDRAULIC
 SYSTEMS MECHANIC F4535, WG-11;  AIRCRAFT ELECTRICIAN F4538, WG-11;
 AIRCRAFT PNEUDRAULIC SYSTEMS MECHANIC F4541, WG-11;  AIRCRAFT ORDINANCE
 SYSTEMS MECHANIC F4544, WG-11;  PNEUDRAULIC SYSTEMS MECHANIC F4548,
 WG-11;  EXPLOSIVE ORDINANCE TECHNICIAN F4579, WG-12;  AIRCRAFT REFUELING
 VEHICLE OPERATOR F6417, WG-09;  AND FABRIC WORKER F9214, WG-11.
 
    ISSUED, WASHINGTON, D.C., AUGUST 25, 1980
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ THE AFGE WAS CERTIFIED AS AN EXCLUSIVE REPRESENTATIVE ON MAY 14,
 1971, IN A UNIT DEFINED