The Adjutant General State of Vermont, Vermont Air National Guard (Activity/Petitioner) and The Green Mountain Chapter, Association of Civilian Technicians, Inc. (Labor Organization)



[ v05 p779 ]
05:0779(104)CU
The decision of the Authority follows:


 5 FLRA No. 104
 
 THE ADJUTANT GENERAL STATE OF VERMONT,
 VERMONT AIR NATIONAL GUARD
 Activity/Petitioner
 
 and
 
 THE GREEN MOUNTAIN CHAPTER,
 ASSOCIATION OF CIVILIAN TECHNICIANS, INC.
 Labor Organization
 
                                            Case No. 1-CU-20
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    UPON A PETITION DULY FILED UNDER SECTION 7111(B)(2) OF THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE), 5 U.S.C.
 7101-7135, A 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 THE SUBJECT CASE, INCLUDING BRIEFS FILED BY
 BOTH PARTIES, THE AUTHORITY FINDS:  THE GREEN MOUNTAIN CHAPTER,
 ASSOCIATION OF CIVILIAN TECHNICIANS WAS CERTIFIED AS REPRESENTATIVE FOR
 PURPOSES OF EXCLUSIVE RECOGNITION ON MAY 20, 1976, FOR THE FOLLOWING
 UNIT OF APPROXIMATELY 170 EMPLOYEES:
 
    ALL WAGE GRADE AND GENERAL SCHEDULE AIR NATIONAL GUARD EMPLOYEES AT
 BURLINGTON
 
    INTERNATIONAL AIRPORT, BURLINGTON, VERMONT, EXCLUDING PROFESSIONAL
 EMPLOYEES, EMPLOYEES
 
    ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL
 CAPACITY, MANAGEMENT
 
    OFFICIALS, AND SUPERVISORS AS DEFINED IN THE ORDER.  THE ACTIVITY,
 THROUGH THIS PETITION, IS SEEKING TO CLARIFY THAT UNIT BY EXCLUDING FROM
 THE UNIT AS SUPERVISORS SEVEN "SMALL SHOP CHIEFS" IN THE FOLLOWING JOB
 DESCRIPTIONS:  INSTRUMENT MECHANIC, WG-3359-12 (INCUMBENT-- JOHN
 SANDVIL);  PNEUDRAULIC SYSTEMS MECHANIC, WG-8255-11 (INCUMBENT-- HOWARD
 HURST);  AIRCRAFT ELECTRICIAN, WG-2892-11 (INCUMBENT-- GEORGE ANDERSON);
  AIRCRAFT ORDNANCE SYSTEMS MECHANIC, WG-6652-11 (INCUMBENT-- JOHN
 MURPHY);  NONDESTRUCTIVE TESTER, WG-5439-11 (INCUMBENT-- KEVIN
 BUCHANAN);  AIRCRAFT REFUELING VEHICLE OPERATOR, WG-5701-09 (INCUMBENT--
 WAYNE FLINT);  FABRIC WORKER, WG-3105-11 (INCUMBENT-- PAUL PARENT);  AND
 FIVE GENERAL SCHEDULE EMPLOYEES IN THE FOLLOWING JOB DESCRIPTIONS:
 PROCUREMENT AGENT, GS-1102-09 (INCUMBENT-- ROBERT IRISH);  BUDGET AND
 ACCOUNTING ANALYST, GS-504-09 (INCUMBENT-- NORMAN GAUTHIER);
 SUPERVISORY PAY TECHNICIAN, GS-0501-06 (INCUMBENT-- CINDY CAREY);
 TRAINING TECHNICIAN, GS-1702-08 (INCUMBENT-- DONALD GRENIER);  AND
 HEALTH TECHNICIAN, GS-699-09 (INCUMBENT-- RONALD SHOVER).  THE LABOR
 ORGANIZATION, IN TURN, CONTENDS THESE EMPLOYEES ARE NOT SUPERVISORS
 WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE STATUTE AND SHOULD
 CONTINUE TO BE INCLUDED IN THE UNIT.  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 THE CONSISTENT EXERCISE OF INDEPENDENT
 JUDGMENT(.)
 
    THE POSITIONS IN QUESTION ARE ALL LOCATED IN THE AIR TECHNICIAN
 DETACHMENT OF THE 158TH DEFENSE SYSTEMS EVALUATION GROUP AT THE
 BURLINGTON INTERNATIONAL AIRPORT, BURLINGTON, VERMONT.  IT IS THE
 MISSION OF THE DETACHMENT TO TRAIN THE MILITARY PERSONNEL AND MAINTAIN
 THE EQUIPMENT OF THE GROUP TO ACCOMPLISH THE TASKS NECESSARY TO LAUNCH
 AND RECOVER AIRCRAFT IN SUPPORT OF THE DEPARTMENT OF THE AIR FORCE'S
 EFFORTS TO TRAIN AND EVALUATE ITS FORCES IN THE FIELD OF ELECTRONIC
 WARFARE.  THE SEVEN POSITIONS KNOWN AS SMALL SHOP CHIEFS ARE INVOLVED IN
 THE MAINTENANCE OF AIRCRAFT OF THE VERMONT AIR NATIONAL GUARD.  THE
 SMALL SHOP CHIEFS ARE IN CHARGE OF SPECIALIZED SHOPS IN WHICH THEY
 FUNCTION AND, WITH THE EXCEPTION OF THE NONDESTRUCTIVE TESTER,
 WG-5439-11 WHO HAS NO ONE, HAVE ONE OR TWO CIVILIAN TECHNICIAN
 JOURNEYMEN UNDER THEM, USUALLY AT ONE GRADE LOWER.  THE FIVE GENERAL
 SCHEDULE EMPLOYEES ALSO HAVE ONE OR TWO CIVILIAN TECHNICIAN EMPLOYEES
 UNDER THEM, USUALLY AT TWO TO THREE GRADES LOWER.
 
        INSTRUMENT MECHANIC, WG-3359-12 (INCUMBENT-- JOHN SANDVIL)
 
    SANDVIL IS THE SHOP CHIEF FOR THE AUTOMATIC FLIGHT CONTROL/INSTRUMENT
 SYSTEMS SHOP AND IS IN CHARGE OF TWO CIVILIAN TECHNICIAN POSITIONS (ONLY
 ONE OF WHICH IS CURRENTLY FILLED).  IN THIS CAPACITY, HIS POSITION
 DESCRIPTION REVEALS AND HIS TESTIMONY CONFIRMS THAT HE PLANS, ORGANIZES,
 AND SCHEDULES WORK ASSIGNMENTS WITHIN THE PARAMETERS ESTABLISHED BY
 MAINTENANCE CONTROL'S LIST OF PRIORITIES;  ESTABLISHES PRODUCTION
 CONTROLS;  EXPLAINS WORK REQUIREMENTS, WORK METHODS, AND THE STANDARDS
 OF QUALITY AND QUANTITY TO BE MET;  MONITORS WORK AND GIVES INSTRUCTION
 ON DIFFICULT OPERATIONS.  WHILE SANDVIL HAS NOT YET HAD OCCASION TO
 HIRE, FIRE, DISCIPLINE OR REWARD HIS SUBORDINATE, HIS TESTIMONY REVEALS
 HE SPENDS 40% OF HIS WORKTIME DOING SUPERVISORY DUTIES, WITH THE
 REMAINING 60% OF HIS TIME SPENT PERFORMING WORK SIMILAR TO THAT OF HIS
 SUBORDINATE.  HE HAS EVALUATED THE PERFORMANCE OF HIS SUBORDINATE FOR
 THE PAST ELEVEN YEARS, AND RETAINS THE AUTHORITY TO CHANGE HIS
 SUBORDINATE'S LEAVE REQUESTS.  HE HAS ATTENDED TWO COURSES IN
 SUPERVISORY TRAINING AND RECEIVES INFORMATIONAL MATERIAL FROM THE
 TECHNICIAN PERSONNEL OFFICE PERTAINING TO HIS SUPERVISORY
 RESPONSIBILITIES.
 
    UNDER THESE CIRCUMSTANCES, THE AUTHORITY FINDS SANDVIL 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 ASSIGN HIS SUBORDINATE. ACCORDINGLY, HE SHOULD
 BE EXCLUDED FROM THE UNIT.
 
                 PNEUDRAULIC SYSTEMS MECHANIC, WG-8255-11
 
                        (INCUMBENT-- HOWARD HURST)
 
    HURST IS THE SHOP CHIEF FOR THE FUEL SYSTEMS SHOP AND IS IN CHARGE OF
 ONE CIVILIAN TECHNICIAN POSITION.  IN THIS CAPACITY, HIS POSITION
 DESCRIPTION REVEALS AND HIS TESTIMONY CONFIRMS THAT HE ASSIGNS TASKS TO
 BE PERFORMED WITHIN THE PARAMETERS ESTABLISHED BY MAINTENANCE CONTROL'S
 LIST OF PRIORITIES;  EXPLAINS WORK REQUIREMENTS, METHODS AND PROCEDURES;
  INSTRUCTS IN NEW PROCEDURES;  PROVIDES ADVICE WHEN PROBLEMS ARISE;  AND
 IS RESPONSIBLE FOR THE QUALITY OF THE WORK PRODUCED BY HIS SHOP.  WHILE
 HURST HAS NOT YET HAD OCCASION TO FIRE, DISCIPLINE OR REWARD HIS
 SUBORDINATE, HE DID ACT AS THE PRELIMINARY SELECTING OFFICIAL FOR HIS
 SUBORDINATE'S POSITION, PICKING THE CURRENT SUBORDINATE AFTER
 INTERVIEWING THREE QUALIFIED APPLICANTS.  HURST ALSO PERFORMS THE
 PERFORMANCE EVALUATIONS ON HIS SUBORDINATE, SCHEDULES HIS LEAVE,
 EFFECTIVELY RECOMMENDS ANY USE OF OVERTIME OR EFFECTIVELY REQUESTS
 ADDITIONAL PERSONNEL BE TEMPORARILY ASSIGNED TO HIS SHOP.
 
    UNDER THESE CIRCUMSTANCES, THE AUTHORITY FINDS HURST IS A SUPERVISOR
 WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE STATUS AS HE
 CONSISTENTLY USES INDEPENDENT JUDGMENT IN THE EXERCISE OF HIS AUTHORITY
 TO HIRE, DIRECT, AND ASSIGN HIS SUBORDINATE.  ACCORDINGLY, HE SHOULD BE
 EXCLUDED FROM THE UNIT.
 
           AIRCRAFT ELECTRICIAN, WG-2892-11 (INCUMBENT-- GEORGE
 
                                 ANDERSON)
 
    ANDERSON IS THE SHOP CHIEF FOR THE ELECTRICAL SYSTEM SHOP AND IS IN
 CHARGE OF TWO CIVILIAN TECHNICIAN POSITIONS.  IN THIS CAPACITY, HIS
 POSITION DESCRIPTION REVEALS AND HIS TESTIMONY CONFIRMS THAT HE ASSIGNS
 TASKS TO BE PERFORMED WITHIN THE PARAMETERS ESTABLISHED BY MAINTENANCE
 CONTROL'S LIST OF PRIORITIES;  EXPLAINS WORK REQUIREMENTS, METHODS AND
 PROCEDURES;  INSTRUCTS IN NEW PROCEDURES;  PROVIDES ADVICE WHEN PROBLEMS
 ARISE;  AND IS HELD RESPONSIBLE FOR THE COMPLETION OF HIS SHOP'S WORK.
 ANDERSON EFFECTIVELY RECOMMENDED THE SELECTION, FROM AMONG THREE
 QUALIFIED APPLICANTS, OF THE ONE COMPETITIVELY FILLED VACANCY DURING HIS
 TENURE AS SHOP CHIEF.  WHILE HE HAS NOT HAD OCCASION TO DISCIPLINE, IN
 THE PERFORMANCE EVALUATIONS HE HAS COMPLETED FOR HIS SUBORDINATES, HE
 HAS CONFERRED TWO TO THREE EXCELLENT PERFORMANCE RATINGS, AND MADE TWO
 RECOMMENDATIONS FOR AN EXCELLENT AWARD, WITH ONE OF THESE
 RECOMMENDATIONS BEING ULTIMATELY APPROVED.  ANDERSON CAN EFFECTIVELY
 RECOMMEND LEAVE SCHEDULES, OVERTIME, OR REQUEST ADDITIONAL PERSONNEL BE
 TEMPORARILY ASSIGNED TO HIS SHOP.  HE HAS ATTENDED TWO COURSES IN
 SUPERVISORY TRAINING AND RECEIVES INFORMATIONAL MATERIAL FROM THE
 TECHNICIAN PERSONNEL OFFICE PERTAINING TO HIS SUPERVISORY
 RESPONSIBILITIES.
 
    UNDER THESE CIRCUMSTANCES, THE AUTHORITY FINDS ANDERSON 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 HIRE, DIRECT, ASSIGN, AND REWARD HIS SUBORDINATES.
 ACCORDINGLY, HE SHOULD BE EXCLUDED FROM THE UNIT.
 
              AIRCRAFT ORDNANCE SYSTEMS MECHANIC, WG-6652-11
 
                         (INCUMBENT-- JOHN MURPHY)
 
    MURPHY IS THE SHOP CHIEF FOR THE EGRESS SYSTEMS SHOP AND IS IN CHARGE
 OF ONE CIVILIAN TECHNICIAN POSITION.  IN THIS CAPACITY, HIS POSITION
 DESCRIPTION REVEALS AND HIS TESTIMONY CONFIRMS THAT HE ASSIGNS TASKS TO
 BE PERFORMED WITHIN THE PARAMETERS ESTABLISHED BY MAINTENANCE CONTROL'S
 LIST OF PRIORITIES AND IS RESPONSIBLE FOR THE QUALITY AND THE COMPLETION
 OF THE WORK PRODUCED BY HIS SHOP.  MURPHY EFFECTIVELY RECOMMENDED THE
 SELECTION, FROM AMONG AT LEAST TWO QUALIFIED APPLICANTS, OF THE ONE
 COMPETITIVELY FILLED VACANCY DURING HIS TENURE AS SHOP CHIEF.  MURPHY
 EVALUATES THE PERFORMANCE OF HIS SUBORDINATE AND EFFECTIVELY RECOMMENDS
 SCHEDULING OF ANNUAL LEAVE.
 
    UNDER THESE CIRCUMSTANCES, THE AUTHORITY FINDS MURPHY 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 HIRE, DIRECT, AND ASSIGN HIS SUBORDINATE.  ACCORDINGLY, HE SHOULD BE
 EXCLUDED FROM THE UNIT.
 
           NONDESTRUCTIVE TESTER, WG-5439-11 (INCUMBENT-- KEVIN
 
                                 BUCHANAN)
 
    BUCHANAN IS DESIGNATED AS THE SHOP CHIEF FOR THE NONDESTRUCTIVE
 TESTING SHOP.  HOWEVER, BUCHANAN HAS NO CIVILIAN TECHNICIAN SUBORDINATE
 AT THIS TIME, NOR IS THE FILLING OF SUCH A POSITION PLANNED.  UNDER
 THESE CIRCUMSTANCES, BUCHANAN EXERCISES NO SUPERVISORY AUTHORITY WITHIN
 THE MEANING OF SECTION 7103(A)(10) AND SHOULD BE INCLUDED WITHIN THE
 UNIT.
 
              AIRCRAFT REFUELING VEHICLE OPERATOR, WG-5701-09
 
                         (INCUMBENT-- WAYNE FLINT)
 
    FLINT, FOR THE SIX MONTH PERIOD PRIOR TO THE HEARING IN THIS CASE,
 HAS BEEN THE SHOP CHIEF FOR THE AIRCRAFT REFUELING SHOP AND IS IN CHARGE
 OF ONE CIVILIAN TECHNICIAN SUBORDINATE.  IN THIS CAPACITY, HIS POSITION
 DESCRIPTION REVEALS AND HIS TESTIMONY CONFIRMS THAT HE PLANS, ORGANIZES,
 AND SCHEDULES WORK ASSIGNMENTS;  MAKES DECISIONS AND PROVIDES ADVICE
 WHEN PROBLEMS ARISE;  AND IS RESPONSIBLE FOR THE QUANTITY AND QUALITY OF
 WORK PRODUCED BY HIS SHOP.  WHILE FLINT HAS NOT YET HAD OCCASION TO
 HIRE, FIRE, DISCIPLINE, REWARD HIS SUBORDINATE, OR ISSUE A PERFORMANCE
 EVALUATION ON HIS SUBORDINATE, HE HAS INFORMALLY COUNSELLED HIS
 SUBORDINATE AND KEEPS RECORDS OF THOSE DISCUSSIONS.  FLINT APPROVES SICK
 AND ANNUAL LEAVE, CAN EFFECTIVELY RECOMMEND OVERTIME, AND CAN SEE TO IT
 THAT ADDITIONAL PERSONNEL ARE TEMPORARILY ASSIGNED TO HIS SHOP.  FLINT
 IS ALSO SCHEDULED FOR SUPERVISORY TRAINING AND HAS ATTENDED MEETINGS FOR
 SUPERVISORS.
 
    UNDER THESE CIRCUMSTANCES, THE AUTHORITY FINDS FLINT 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 ASSIGN HIS SUBORDINATE.  ACCORDINGLY, HE SHOULD BE
 EXCLUDED FROM THE UNIT.
 
            FABRIC WORKER, WG-3105-11 (INCUMBENT-- PAUL PARENT)
 
    PARENT IS THE SHOP CHIEF FOR THE LIFE SUPPORT SHOP AND IS IN CHARGE
 OF ONE CIVILIAN TECHNICIAN POSITION.  IN THIS CAPACITY, HIS POSITION
 DESCRIPTION REVEALS AND HIS TESTIMONY CONFIRMS THAT HE ASSIGNS TASKS TO
 BE PERFORMED WITHIN THE PARAMETERS ESTABLISHED BY MAINTENANCE CONTROL'S
 LIST OF PRIORITIES;  TRAINS HIS SUBORDINATE;  PROVIDES ADVICE WHEN
 PROBLEMS ARISE;  AND IS RESPONSIBLE FOR THE COMPLETION AND QUALITY OF
 WORK IN HIS SHOP.  WHILE PARENT HAS NOT YET HAD OCCASION TO HIRE, FIRE
 OR DISCIPLINE HIS SUBORDINATE, HE HAS AWARDED HIM AN EXCELLENT
 PERFORMANCE RATING AND HAS PENDING A RECOMMENDATION FOR A SUPERIOR
 PERFORMANCE AWARD.  PARENT ALSO WAS CONSULTED BEFORE HIS CURRENT
 SUBORDINATE WAS TRANSFERRED INTO THE SHOP. PARENT SCHEDULES HIS
 SUBORDINATE'S LEAVE AND ARRANGES ANY OVERTIME WORK.  HE ALSO HAS
 ATTENDED TWO SUPERVISORY TRAINING COURSES AND RECEIVES INFORMATIONAL
 MATERIAL FROM THE TECHNICIAN PERSONNEL OFFICE PERTAINING TO HIS
 SUPERVISORY RESPONSIBILITIES.
 
    UNDER THESE CIRCUMSTANCES, THE AUTHORITY FINDS PARENT 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 SUBORDINATE.  ACCORDINGLY, HE SHOULD BE
 EXCLUDED FROM THE UNIT.
 
         PROCUREMENT AGENT, GS-1102-09 (INCUMBENT-- ROBERT IRISH)
 
    IRISH HAS HELD A GS-09 POSITION IN THE PROCUREMENT OFFICE FOR THE
 PAST TWENTY-THREE YEARS.  THERE IS ONE OTHER CIVILIAN TECHNICIAN IN
 OFFICE, A GS-06 EMPLOYEE, WHO HAS HELD THE POSITION FOR AT LEAST
 THIRTEEN YEARS.  IRISH'S TESTIMONY INDICATES THAT IRISH WAS NOT
 INSTRUMENTAL IN THE SELECTION FOR THE SUBORDINATE POSITION.  IRISH'S
 DUTIES ARE SIMILAR TO THOSE OF THE SUBORDINATE, WITH THE EXCEPTION THAT
 IRISH, ALONE, IS AUTHORIZED TO SIGN CONTRACTS.  WORK PRIORITIES ARE
 ESTABLISHED BY BASE SUPPLY'S COMPUTER, WITH DEVIATIONS FROM THESE
 PRIORITIES OCCASIONALLY REQUESTED BY HIGHER LEVEL PERSONNEL.  IRISH'S
 TESTIMONY SPECIFICALLY INDICATES THAT THE SUBORDINATE IN THE OFFICE
 DETERMINES HIS OWN DUTIES WITHOUT DIRECTION FROM IRISH.  IRISH DOES
 PERFORMANCE EVALUATIONS ON THE SUBORDINATE, BUT HAS NEVER RECOMMENDED
 ANY DISCIPLINE OR REWARDS.  WHILE IRISH AUTHORIZES THE SUBORDINATE'S
 LEAVE REQUESTS, IRISH INDICATED THAT ANY REQUEST FOR OVERTIME WOULD BE
 FORWARDED TO THE RESOURCES MANAGER.  FURTHER, IRISH INDICATED THAT HE
 HAS NEVER BEEN TOLD BY MANAGEMENT THAT HE IS A SUPERVISOR.
 
    UNDER THESE CIRCUMSTANCES, THE AUTHORITY FINDS IRISH IS NOT A
 SUPERVISOR AS HE DOES NOT CONSISTENTLY USE INDEPENDENT JUDGMENT IN THE
 EXERCISE OF ANY OF THE SUPERVISORY AUTHORITIES ENUMERATED IN THE
 DEFINITION OF "SUPERVISOR" IN SECTION 7103(A)(10) OF THE STATUTE.
 ACCORDINGLY, HE SHOULD BE INCLUDED IN THE UNIT.
 
                 BUDGET AND ACCOUNTING ANALYST, GS-504-09
 
                       (INCUMBENT-- NORMAN GAUTHIER)
 
    GAUTHIER HAS HELD A GS-09 POSITION IN THE ACCOUNTING OFFICE FOR THREE
 YEARS AND THERE IS ONE OTHER CIVILIAN TECHNICIAN IN THE OFFICE, A GS-06
 EMPLOYEE.  THE OFFICE IS RESPONSIBLE FOR RECEIVING INVOICES AND PAYING
 THE ACTIVITY'S BILLS.  DAY-TO-DAY OPERATIONS OF THE OFFICE ARE LEFT TO
 GAUTHIER.  GAUTHIER IS PRIMARILY INVOLVED IN ANALYZING THE BUDGET.  THE
 EMPLOYEE IN THE GS-06 POSITION TAKES CARE OF THE BILLS AND IS
 RESPONSIBLE FOR THE TYPING.  GAUTHIER SIGNS AND VERIFIES THE
 SUBORDINATE'S WORK.  HE IS RESPONSIBLE FOR THE QUALITY OF THE WORK IN
 THE OFFICE.  GAUTHIER HAS ACTED AS THE SELECTING OFFICIAL FOR THAT
 SUBORDINATE POSITION ON TWO OCCASIONS AND HAS EFFECTUATED DISCIPLINE
 ONCE.  GAUTHIER COUNSELS THE SUBORDINATE, DOES THE PERFORMANCE
 EVALUATIONS ON THE SUBORDINATE, AND SCHEDULES THE SUBORDINATES LEAVE.
 GAUTHIER ALSO HAS ATTENDED A SUPERVISORY COURSE ON CLASSIFICATION
 GUIDELINES AND RECEIVES INFORMATIONAL MATERIAL FROM THE TECHNICIAN
 PERSONNEL OFFICE PERTAINING TO HIS SUPERVISORY RESPONSIBILITIES.
 
    UNDER THESE CIRCUMSTANCES, THE AUTHORITY FINDS GAUTHIER 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, HIRE, AND DISCIPLINE HIS SUBORDINATE.
 ACCORDINGLY, HE SHOULD BE EXCLUDED FROM THE UNIT.
 
         SUPERVISORY PAY TECHNICIAN, GS-0501-06 (INCUMBENT-- CINDY
 
                                  CAREY)
 
    CAREY HAS HELD A GS-06 POSITION IN THE MILITARY/CIVILIAN PAY OFFICE
 FOR ABOUT A YEAR.  SHE HAS ONE CIVILIAN TECHNICIAN SUBORDINATE, A GS-05
 EMPLOYEE, WHO HAS HELD THAT POSITION FOR NINE YEARS.  THE SUBORDINATE IS
 RESPONSIBLE FOR KEYPUNCHING AND PREPARING THE PAYROLL.  CAREY
 ESTABLISHES THE PRIORITIES FOR THE SUBORDINATE'S WORK, REVIEWS THE WORK
 FOR QUALITY AND COMPLETION, AND IS RESPONSIBLE FOR THE QUALITY AND
 QUANTITY OF THE WORK PRODUCED BY THE OFFICE.  CAREY HAS NOT YET HAD
 OCCASION TO HIRE A SUBORDINATE, BUT HER PREDECESSOR DID ACT AS THE
 SELECTING OFFICIAL IN A HIRING ACTION.  CAREY, HOWEVER, HAS SETTLED AN
 INFORMAL GRIEVANCE.  CAREY ALSO APPROVES THE SUBORDINATE'S LEAVE, DOES
 THE PERFORMANCE EVALUATIONS OF THE SUBORDINATE, AND RECEIVES
 INFORMATIONAL MATERIAL FROM THE TECHNICIAN PERSONNEL OFFICE PERTAINING
 TO HER SUPERVISORY RESPONSIBILITIES.
 
    UNDER THESE CIRCUMSTANCES, THE AUTHORITY FINDS CAREY IS A SUPERVISOR
 WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE STATUTE AS SHE
 CONSISTENTLY USES INDEPENDENT JUDGMENT IN THE EXERCISE OF HER AUTHORITY
 TO DIRECT, ASSIGN, AND ADJUST THE GRIEVANCES OF HER SUBORDINATE.
 ACCORDINGLY, SHE SHOULD BE EXCLUDED FROM THE UNIT.
 
            TRAINING TECHNICIAN, GS-1702-08 (INCUMBENT-- DONALD
 
                                 GRENIER)
 
    GRENIER HAS HELD A GS-08 POSITION IN THE PERSONNEL UTILIZATION
 SECTION OF THE CONSOLIDATED BASE PERSONNEL OFFICE FOR THE PAST YEAR.
 THERE IS ONE OTHER CIVILIAN TECHNICIAN IN THE SECTION, A GS-06 EMPLOYEE,
 WHO HAS HELD THE POSITION FOR SIX YEARS.  GRENIER'S TESTIMONY INDICATES
 HE SETS THE PRIORITIES IN THE SECTION AND ASSIGNS SPECIFIC WORK PROJECTS
 WITH SPECIFIC INSTRUCTIONS TO THE SUBORDINATE.  GRENIER IS RESPONSIBLE
 FOR THE QUANTITY AND QUALITY OF WORK PRODUCED BY THE SECTION AND REVIEWS
 HIS SUBORDINATE'S WORK AND EVALUATES HIS SUBORDINATE'S PERFORMANCE.
 GRENIER HAS NOT BEEN INVOLVED IN A HIRING ACTION AS OF YET, HOWEVER WHEN
 A VACANCY WAS THOUGHT LIKELY TO OCCUR A FEW MONTHS AGO, HE WAS TOLD HE
 WOULD BE THE SELECTING OFFICIAL.  GRENIER APPROVES HIS SUBORDINATE'S
 LEAVE AND HE TESTIFIED HE COULD EFFECTIVELY INITIATE COMPENSATORY TIME
 FOR HIS SUBORDINATE IF THE NEED AROSE.  HE ALSO EFFECTIVELY RECOMMENDS
 THAT ADDITIONAL PERSONNEL BE TEMPORARILY ASSIGNED TO HIS SECTION AND HAS
 ATTENDED SEVERAL SUPERVISORY TRAINING COURSES.
 
    UNDER THESE CIRCUMSTANCES, THE AUTHORITY FINDS GRENIER 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 ASSIGN HIS SUBORDINATE.  ACCORDINGLY, HE SHOULD
 BE EXCLUDED FROM THE UNIT.
 
         HEALTH TECHNICIAN, GS-699-09 (INCUMBENT-- RONALD SHOVER)
 
    SHOVER HOLDS A GS-09 POSITION WITH THE BASE MEDICAL SERVICES AND HAS
 BEEN WITH THE OFFICE TWENTY-SE