West Point Elementary School, United States Military Academy, West Point, New York (Activity) and West Point Elementary School Teachers Association (Labor Organization/Petitioner) 

 



[ v06 p70 ]
06:0070(21)CU
The decision of the Authority follows:


 6 FLRA No. 21
 
 WEST POINT ELEMENTARY SCHOOL,
 UNITED STATES MILITARY ACADEMY,
 WEST POINT, NEW YORK
 Activity
 
 and
 
 WEST POINT ELEMENTARY SCHOOL
 TEACHERS ASSOCIATION
 Labor Organization/Petitioner
 
                                            Case No. 2-CU-19
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
 UNDER SECTION 7111(B)(2) OF THE FEDERAL SERVICE LABOR-MANAGEMENT
 RELATIONS STATUTE (THE STATUTE), 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 THIS CASE, THE AUTHORITY FINDS:  THE
 PETITIONER, THE WEST POINT ELEMENTARY SCHOOL TEACHERS ASSOCIATION, FILED
 A PETITION FOR CLARIFICATION OF UNIT (CU) IN ORDER TO DETERMINE WHETHER
 CERTAIN EMPLOYEES SHOULD BE INCLUDED IN THE EXCLUSIVELY REPRESENTED
 BARGAINING UNIT.  /1/ SPECIFICALLY, THE ACTIVITY SEEKS TO EXCLUDE
 INCUMBENTS IN TWO POSITIONS AT THE SCHOOL ENTITLED TEACHER-LIBRARIAN AND
 TEACHER-LIBRARIAN (MEDIA SPECIALIST) ON THE GROUND THAT THEY ARE
 SUPERVISORS.  THE UNION CONTENDS THAT THE EMPLOYEES ARE NOT SUPERVISORS
 BUT, RATHER, ARE "LEAD" PERSONS WHO SHOULD BE INCLUDED WITHIN ITS UNIT.
 
    AS PART OF THEIR TEACHING DUTIES THE INCUMBENTS OF THE TWO
 CLASSIFICATIONS IN QUESTION OPERATE AN ELEMENTARY SCHOOL LIBRARY.  THE
 SCHOOL ITSELF IS DIVIDED INTO SEVERAL SEPARATE BUILDINGS IN CLOSE
 PROXIMITY TO ONE ANOTHER.  TEACHER-LIBRARIAN DEBORAH I. ENGEL OPERATES
 THE LIBRARY IN A BUILDING WHICH HOUSES FIFTH THROUGH EIGHTH GRADES.  THE
 OTHER TEACHER-LIBRARIAN, NANCY A DILL, OPERATES A LIBRARY IN A BUILDING
 WHICH HOUSES KINDERGARTEN THROUGH FOURTH GRADES (K-4).  EACH BUILDING
 HAS A PRINCIPAL.  THE K-4 BUILDING ALSO HOUSES THE SUPERVISING
 PRINCIPAL, OR SUPERINTENDENT.
 
    EACH TEACHER-LIBRARIAN IS ASSISTED BY A LIBRARY-TECHNICIAN ON A
 FULL-TIME BASIS.  THE RELATIONSHIP WITH THE LIBRARY-TECHNICIANS IS THE
 FOUNDATION OF THE DISPUTE HEREIN.  SECTION 7103(A)(10) OF THE STATUTE
 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, LAY OFF, 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 ACTIVITY ASSERTS THAT THE TEACHER-LIBRARIANS ARE SUPERVISORS
 WITHIN THE MEANING OF THE STATUTE BECAUSE THEY ASSIGN, DIRECT AND
 EVALUATE THE WORK OF THE LIBRARY-TECHNICIANS AND HAVE THE AUTHORITY TO
 RECOMMEND HIRING, PROMOTION, AWARDS, AND DISCIPLINE, ALL WITH CONSISTENT
 EXERCISE OF INDEPENDENT JUDGMENT, AND NOT MERELY ROUTINELY OR IN A
 CLERICAL MANNER.  THE PETITIONER CONTENDS THAT THE TEACHER-LIBRARIANS
 ARE NOT SUPERVISORS BUT THAT THEY ACT AS "LEAD" PERSONS TO THE
 LIBRARY-TECHNICIANS, WHO ARE SELF-MOTIVATED AND LARGELY SELF-TAUGHT AND
 PERFORM THEIR WORK UNSUPERVISED WITH LITTLE OR NO DIRECTION.
 
    THE RECORD REVEALS THAT ALTHOUGH THE TEACHER-LIBRARIANS ASSIGN WORK
 TO THE LIBRARY-TECHNICIANS, THIS IS DONE INTERMITTENTLY.  FURTHER, THE
 WORK ASSIGNED TO THE TECHNICIANS REQUIRES LITTLE ACTUAL DIRECTION AND
 THE TECHNICIANS GENERALLY WORK ON THEIR OWN INITIATIVE.  THE RECORD
 DISCLOSES THAT THE MAJORITY OF THE DAY-TO-DAY SCHEDULE OF EACH
 TEACHER-LIBRARIAN IS DEVOTED TO THE PREPARATION AND THE TEACHING OF THE
 STUDENTS RATHER THAN INTERACTING WITH THE TECHNICIANS.  THE
 TEACHER-LIBRARIANS MUST POSSESS THE SAME CERTIFICATION REQUIREMENTS AS
 TEACHERS AND THEY ARE EVALUATED AS TEACHERS, NOT AS SUPERVISORS.
 
    ENGEL, ONE OF THE TEACHER-LIBRARIANS IN QUESTION, TESTIFIED AT THE
 HEARING THAT WHEN THE LIBRARY-TECHNICIAN SHE WORKS WITH WAS HIRED, SHE
 WAS NOT INVOLVED