[ 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-SEVEN YEARS. HE HAS SELECTED HIS ONE
SUBORDINATE, A GS-06 EMPLOYEE, FROM AMONG AT LEAST TWO APPLICANTS IN
1975. SHOVER SETS THE PRIORITIES FOR THE OFFICE, DIRECTS AND ASSIGNS
WORK TO THE SUBORDINATE, AND IS RESPONSIBLE FOR THE QUALITY OF WORK THAT
IS PERFORMED. SHOVER EVALUATES THE PERFORMANCE OF HIS SUBORDINATE AND
HAS GIVEN HER AT LEAST THREE EXCELLENT RATINGS. HE APPROVES HIS
SUBORDINATE'S LEAVE REQUESTS AND CAN EFFECTIVELY REQUEST THAT ADDITIONAL
PERSONNEL BE TEMPORARILY ASSIGNED TO HIS OFFICE, 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 SHOVER 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 REWARD HIS SUBORDINATE. ACCORDINGLY, HE
SHOULD BE EXCLUDED FROM THE UNIT.
ORDER
IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED HEREIN FOR
WHICH THE GREEN MOUNTAIN CHAPTER, ASSOCIATION OF CIVILIAN TECHNICIANS,
INC. WAS CERTIFIED ON MAY 20, 1976, BE, AND IT HEREBY IS, CLARIFIED BY
EXCLUDING FROM SAID UNIT JOHN SANDVIL, INSTRUMENT MECHANIC, WG-3359-12;
HOWARD HURST, PNEUDRAULIC SYSTEMS MECHANIC, WG-8255-11; GEORGE
ANDERSON, AIRCRAFT ELECTRICIAN, WG-2892-11; JOHN MURPHY, AIRCRAFT
ORDNANCE SYSTEMS MECHANIC, WG-6652-11; WAYNE FLINT, AIRCRAFT REFUELING
VEHICLE OPERATOR, WG-5701-09; PAUL PARENT, FABRIC WORKER, WG-3105-11;
NORMAN GAUTHIER, BUDGET AND ACCOUNTING ANALYST, GS-504-09; CINDY CAREY,
SUPERVISORY PAY TECHNICIAN, GS-1702-08; AND RONALD SHOVER, HEALTH
TECHNICIAN GS-699-09. THE UNIT IS FURTHER CLARIFIED BY INCLUDING IN
SAID UNIT KEVIN BUCHANAN, NONDESTRUCTIVE TESTER, WG-5439-11; AND ROBERT
IRISH, PROCUREMENT AGENT, GS-1102-09.
ISSUED, WASHINGTON,D.C., MAY 29, 1981
RONALD W.HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY