National Guard Bureau, Massachusetts Air National Guard, Barnes Municipal Airport (Activity/Petitioner) and Association of Civilian Technicians, Chapter 39 (Labor Organization)

 



[ v04 p83 ]
04:0083(12)CU
The decision of the Authority follows:


 4 FLRA No. 12
 
 NATIONAL GUARD BUREAU,
 MASSACHUSETTS AIR NATIONAL GUARD,
 BARNES MUNICIPAL AIRPORT
 Activity/Petitioner
                                            Case No. 1-CU-7
 
 and
 
 ASSOCIATION OF CIVILIAN TECHNICIANS,
 CHAPTER 39
 Labor Organization
 
 
 NATIONAL GUARD BUREAU,
 MASSACHUSETTS AIR NATIONAL GUARD,
 BARNES MUNICIPAL AIRPORT
 Activity
 
 and
 
 ASSOCIATION OF CIVILIAN TECHNICIANS,
 CHAPTER 39
 Labor Organization/Petitioner
 
                                            Case No. 1-CU-8
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    UPON PETITIONS DULY FILED UNDER SECTION 7111(B)(2) OF THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, 5 U.S.C. 7101-7135, A
 CONSOLIDATED HEARING WAS HELD BEFORE A HEARING OFFICER OF THE AUTHORITY.
  THE AUTHORITY HAS REVIEWED THE HEARING OFFICER'S RULINGS MADE AT THE
 HEARING AND FINDS THAT THEY ARE FREE FROM PREJUDICIAL ERROR.  THE
 RULINGS ARE HEREBY AFFIRMED.
 
    UPON THE ENTIRE RECORD IN THIS CASE, INCLUDING BRIEFS FILED BY BOTH
 PARTIES, THE AUTHORITY FINDS:
 
    THE ASSOCIATION OF CIVILIAN TECHNICIANS, CHAPTER 39 (ACT) WAS GRANTED
 EXCLUSIVE RECOGNITION ON AUGUST 18, 1969, FOR THE FOLLOWING UNIT OF
 EMPLOYEES:
 
    ALL NON-SUPERVISORY AND NON-MANAGERIAL WAGE-BOARD AND CLASSIFIED
 NATIONAL GUARD TECHNICIANS
 
    (AIR) AT BARNES AIRPORT, WESTFIELD, MASSACHUSETTS.
 
    THE UNIT DEFINITION AS SET FORTH IN THE PARTIES' MOST RECENT
 COLLECTIVE BARGAINING AGREEMENT, DATED MAY 19, 1978, IS:  "ALL ELIGIBLE
 TECHNICIANS EMPLOYED BY THE MASSACHUSETTS AIR NATIONAL GUARD, AT BARNES
 MUNICIPAL AIRPORT, WESTFIELD, MASSACHUSETTS, EXCLUDING PERSONNEL AS
 PRESCRIBED UNDER SECTION 10(B) OF E.O. 11491, AS AMENDED."
 
    IN CASE NO. 1-CU-7, THE ACTIVITY IS SEEKING TO CLARIFY THE UNIT
 REPRESENTED BY ACT TO EXCLUDE EMPLOYEES IN THE FOLLOWING JOB
 DESCRIPTIONS:  AIRCRAFT ELECTRICIAN, WG-2892-12 (INCUMBENT-- GUY WILLIAM
 GRAHAM);  AIRCRAFT REFUELING VEHICLE OPERATOR, WG-5701-09 (INCUMBENT--
 ROBERT FRANCIS BURBANK);  AIRCRAFT PNEUMATIC SYSTEMS MECHANIC,
 WG-8268-12 (INCUMBENT-- THOMAS W. BALUKONIS);  AND EGRESS AIRCRAFT
 ORDINANCE SYSTEMS MECHANIC, WG-6652-11 (INCUMBENT-- MITCHELL B. SKURA).
 THE ACTIVITY CONTENDS THAT, BECAUSE OF A CHANGE IN THE POSITION
 DESCRIPTIONS OF THE ABOVE EMPLOYEES, KNOWN AS SMALL SHOP CHIEFS, THEY
 ARE NOW SUPERVISORS AND SHOULD BE EXCLUDED FROM THE BARGAINING UNIT, IN
 ACCORDANCE WITH SECTION 7103(A)(10) OF THE STATUTE WHICH READS 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, 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,
 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 ACT CONTENDS THAT THESE SMALL SHOP CHIEFS ARE NOT SUPERVISORS AND
 SHOULD REMAIN IN THE UNIT.
 
    THE POSITIONS IN QUESTION ARE ALL LOCATED IN THE 104TH TACTICAL
 FIGHTER GROUP OF THE MASSACHUSETTS AIR NATIONAL GUARD IN WESTFIELD,
 MASSACHUSETTS.  THE 104TH TACTICAL FIGHTER GROUP IS RESPONSIBLE FOR
 PROVIDING COMMAND AND STAFF SUPERVISION OVER ASSIGNED UNITS ENGAGED IN
 TACTICAL AIR OPERATIONS DESIGNED TO DESTROY ENEMY FORCES, SUPPLIES,
 EQUIPMENT, COMMUNICATIONS SYSTEMS AND INSTALLATIONS WITH NUCLEAR OR
 CONVENTIONAL WEAPONS WITHIN DESIGN LIMITS OF WEAPONS SYSTEM
 CAPABILITIES.  ITS MISSION INCLUDES DUAL RESPONSIBILITY TO THE PRESIDENT
 AND STATE GOVERNORS FOR THE PROTECTION OF LIFE AND PROPERTY AND THE
 PRESERVATION OF PEACE, ORDER AND PUBLIC SAFETY.  INCLUDED IN THIS
 RESPONSIBILITY IS A REQUIREMENT THAT TRAINING PROGRAMS BE DESIGNED TO
 ENSURE MOBILIZATION READINESS.
 
    BARNES MUNICIPAL AIRPORT HAS FOUR MAJOR DIVISIONS WHICH REPORT
 DIRECTLY TO THE BASE COMMANDER-- SUPPORT, SUPPLY, MAINTENANCE AND
 OPERATIONS.  THREE OF THE POSITIONS IN ISSUE COME WITHIN THE MAINTENANCE
 AND OPERATIONS.  THREE OF THE POSITIONS IN ISSUE COME WITHIN THE
 MAINTENANCE DIVISION AND THE REMAINING ONE (AIRCRAFT REFUELING VEHICLE
 OPERATOR, ROBERT BURBANK) COMES WITHIN THE SUPPLY DIVISION.  THE FORMER
 THREE POSITIONS IN ISSUE ARE LOCATED IN THE FIELD MAINTENANCE BRANCH
 WITHIN THE AEROSPACE SYSTEMS SECTION.  THIS SECTION IS FURTHER DIVIDED
 INTO SIX SMALL SPECIALIZATION SHOPS, THREE OF WHICH ARE HEADED BY THE
 SMALL SHOP CHIEFS IN ISSUE.  THE LATTER POSITION IN ISSUE IS CHIEF OF
 THE FUELS MANAGEMENT SHOP WHICH SHOP IS DIRECTLY SUBORDINATE TO THE HEAD
 OF THE SUPPLY DIVISION.  THE SHOPS GENERALLY CONSIST OF ONE SHOP CHIEF
 AND ONE OR TWO JOURNEYMAN TECHNICIANS.  THE SMALL SHOP CHIEFS ARE AT
 LEAST ONE GRADE HIGHER THAN THE JOURNEYMEN ASSIGNED TO THE RESPECTIVE
 SHOPS.
 
    GUY WILLIAM GRAHAM, AIRCRAFT ELECTRICIAN, WG-2892-12
 
    GRAHAM IS THE ELECTRICAL SYSTEMS SHOP CHIEF IN CHARGE OF ONE
 SUBORDINATE.  THE RECORD REVEALS THAT HE IS RESPONSIBLE FOR APPROVING
 LEAVE, HE HAS EVALUATED HIS SUBORDINATE'S PERFORMANCE FOR FOUR YEARS, HE
 IS THE PERSON IN THE SHOP RESPONSIBLE FOR THE QUALITY OF THE WORK
 PRODUCT, AND HE HAS ADJUSTED HIS SUBORDINATE'S INFORMAL GRIEVANCES.
 
    UNDER THESE CIRCUMSTANCES, THE AUTHORITY FINDS THAT GRAHAM IS A
 SUPERVISOR WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE STATUTE, AS
 HE CONSISTENTLY USES INDEPENDENT JUDGMENT IN THE EXERCISE OF HIS
 AUTHORITY TO DIRECT HIS EMPLOYEE AND ADJUST HIS GRIEVANCES.
 ACCORDINGLY, HE SHOULD BE EXCLUDED FROM THE UNIT.
 
    THOMAS W. BALUKONIS, AIRCRAFT PNEUMATIC SYSTEMS MECHANIC, WG-8268-12
 
    BALUKONIS IS THE PNEUDRALICS SHOP CHIEF AND IS IN CHARGE OF TWO
 SUBORDINATES.  THE RECORD REVEALS THAT HE ESTABLISHES SHOP PRIORITIES,
 IS THE RESPONSIBLE OFFICIAL FOR THE QUALITY OF THE WORK PRODUCT,
 APPROVES LEAVE AND HAS EVALUATED HIS EMPLOYEES' PERFORMANCE FOR TWO
 YEARS.  HE HAS EFFECTIVELY RECOMMENDED HIS SUBORDINATES FOR ONE SPECIAL
 ACHIEVEMENT AWARD AND ONE OUTSTANDING PERFORMANCE RATING.
 
    UNDER THESE CIRCUMSTANCES, THE AUTHORITY FINDS BALUKONIS IS A
 SUPERVISOR WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE STATUTE AS
 HE CONSISTENTLY USES INDEPENDENT JUDGMENT IN THE EXERCISE OF HIS
 AUTHORITY TO DIRECT AND REWARD HIS EMPLOYEES.  ACCORDINGLY, HE SHOULD BE
 EXCLUDED FROM THE UNIT.
 
    ROBERT FRANCIS BURBANK, AIRCRAFT REFUELING VEHICLE OPERATOR,
 WG-5701-09
 
    BURBANK IS THE FUELS MANAGEMENT SHOP CHIEF AND IS IN CHARGE OF TWO
 SUBORDINATES.  THE RECORD REVEALS THAT HE ESTABLISHES SHOP PRIORITIES,
 TRAINS HIS EMPLOYEES ON NEW PROCEDURES, APPROVES THEIR LEAVE, HAS
 EVALUATED BOTH EMPLOYEES FOR THREE YEARS, AND HAS EFFECTIVELY
 RECOMMENDED AN AWARD FOR ONE SUBORDINATE.  HE ASSIGNS WORK TO HIS
 SUBORDINATES WITHIN THE REQUIREMENTS ESTABLISHED BY MAINTENANCE CONTROL,
 BUT ALSO ASSIGNS OTHER SHOP WORK TO THESE EMPLOYEES WHEN REQUIREMENTS
 ARE SLOW.
 
    UNDER THESE CIRCUMSTANCES, THE AUTHORITY FINDS BURBANK IS A
 SUPERVISOR WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE STATUTE AS
 HE CONSISTENTLY USES INDEPENDENT JUDGMENT IN THE EXERCISE OF HIS
 AUTHORITY TO DIRECT, ASSIGN AND REWARD HIS EMPLOYEES.  ACCORDINGLY, HE
 SHOULD BE EXCLUDED FROM THE UNIT.
 
    MITCHELL B. SKURA, EGRESS AIRCRAFT ORDINANCE SYSTEMS MECHANIC,
 WG-6652-11
 
    SKURA IS THE EGRESS SYSTEMS SHOP CHIEF.  THE RECORD REVEALS THAT HE
 RECENTLY WAS PROMOTED FROM THE JOURNEYMAN POSITION IN THAT SHOP TO THE
 CHIEF, WHEN THE PREVIOUS SHOP CHIEF VACATED THE POSITION.  THE
 JOURNEYMAN POSITION IS CURRENTLY VACANT AND THERE WAS NO EVIDENCE
 CONCERNING WHEN, IF EVER, THE POSITION WOULD BE FILLED.  SKURA DOES HAVE
 THREE "AUGMENTEES" WORKING WITH HIM ON AN AS-NEEDED BASIS, HOWEVER,
 THESE "AUGMENTEES" ARE ASSIGNED TO WORK THERE PRIMARILY TO COMPLY WITH
 SAFETY REGULATIONS.  ALTHOUGH SKURA DOES EXERCISE A CERTAIN AMOUNT OF
 AUTHORITY OVER THESE "AUGMENTEES", THAT AUTHORITY DOES NOT REQUIRE THE
 CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT BUT RATHER IS MORE OF A
 ROUTINE AND CLERICAL NATURE.
 
    UNDER THESE CIRCUMSTANCES, THE AUTHORITY FINDS SKURA IS NOT A
 SUPERVISOR WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE STATUE AND
 SHOULD BE INCLUDED IN THE UNIT.
 
    IN CASE NO. 1-CU-8, THE UNION SEEKS TO CLARIFY THE RECOGNIZED UNIT BY
 INCLUDING 27 POSITIONS WHICH THE PARTIES HAD PREVIOUSLY AGREED WERE
 EXCLUDED FROM THE UNIT.  AT THE HEARING IN THIS MATTER, THE UNION
 WITHDREW 10 POSITIONS FROM CONSIDERATION.  FURTHER, THE PARTIES
 STIPULATED THAT FOUR ADDITIONAL POSITIONS WERE NOT BE BE DEEMED PART OF
 THIS PROCEEDING AS THREE WERE NO LONGER AUTHORIZED POSITIONS AND ONE WAS
 NO LONGER ENCUMBERED.  THUS, THERE REMAINED 13 POSITIONS IN DISPUTE.
 AMONG THESE 13, THE FOUR SHOP CHIEFS WERE ALSO LISTED AS PART OF THE
 UNION'S PETITION;  HOWEVER, AS THEY HAVE ALREADY BEEN HEREIN ADDRESSED,
 THEY ARE NOT INCLUDED IN THE DISPOSITION OF THE REMAINING NINE.
 
    THE UNION CONTENDS THE CIVIL SERVICE REFORM ACT OF 1978 NOW CLARIFIES
 THE MEANING OF SUPERVISOR AND MANAGEMENT OFFICIAL, AND IT IS THEREFORE
 REQUESTING THAT CERTAIN POSITIONS FORMERLY EXCLUDED FROM THE BARGAINING
 UNIT UNDER E.O. 11491 NOW BE ALLOWED TO BE INCLUDED IN THE PRESENT UNIT.
 
    NOTING THE PARTIES' AGREEMENT THAT PRIOR TO BHE ENACTMENT OF THE
 STATUTE THESE POSITIONS HAD ALWAYS BEEN CONSIDERED TO BE EXCLUDED FROM
 THE UNIT;  THERE BEING NO EVIDENCE OF A CHANGE IN ANY OF THE DUTIES OF
 THE POSITIONS DURING THE LIFE OF THE RECOGNITION, AND AS THERE WAS NO
 EVIDENCE PRESENTED TO SUPPORT THE ALLEGATION THAT THE ENACTMENT OF THE
 STATUTE CHANGED THE STATUS OF THE POSITIONS, IN THE AUTHORITY'S VIEW IT
 WOULD THEREFORE NOT EFFECTUATE THE PURPOSES AND POLICIES OF THE STATUTE
 TO REVIEW THE STATUS OF THESE POSITIONS.  ACCORDINGLY, THE AUTHORITY
 SHALL DISMISS THE PETITION IN CASE NO. 1-CU-8.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT, IN CASE NO. 1-CU-7, THE UNIT SOUGHT TO BE
 CLARIFIED HEREIN, FOR WHICH THE ASSOCIATION OF CIVILIAN TECHNICIANS,
 CHAPTER 39, WAS RECOGNIZED ON AUGUST 18, 1969, BE, AND IT HEREBY IS,
 CLARIFIED BY EXCLUDING FROM SAID UNIT GUY WILLIAM GRAHAM, AIRCRAFT
 ELECTRICIAN, WG-8268-12;  AND THOMAS W. BALUKONIS, AIRCRAFT PNEUMATIC
 SYSTEMS MECHANIC, WG-8268-12;  AND ROBERT FRANCIS BURBANK, AIRCRAFT
 REFUELING VEHICLE OPERATOR, WG-5701-09;  AND THE UNIT IS HEREBY
 CLARIFIED BY INCLUDING IN SAID UNIT MITCHELL B. SKURA, EGRESS AIRCRAFT
 ORDINANCE SYSTEMS MECHANIC, WG-6652-11.
 
    IT IS HEREBY ORDERED THAT THE PETITION IN CASE NO. 1-CU-8, BE, AND IT
 HEREBY IS, DISMISSED.
 
    ISSUED, WASHINGTON, D.C., AUGUST 26,