National Ocean Survey, National Oceanic & Atmospheric Administration (Activity) and Radio Officers Union, United Telegraph Workers, AFL-CIO (Labor Organization/Petitioner)

 



[ v06 p257 ]
06:0257(43)CU
The decision of the Authority follows:


 6 FLRA No. 43
 
 NATIONAL OCEAN SURVEY, NATIONAL OCEANIC
 AND ATMOSPHERIC ADMINISTRATION
 Activity
 
 and
 
 RADIO OFFICERS UNION, UNITED
 TELEGRAPH WORKERS, AFL-CIO
 Labor Organization/Petitioner
 
                                            Case No. 3-CU-53
 
                    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 5 U.S.C.  7101-7135 (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, THE AUTHORITY FINDS:  THE RADIO OFFICERS
 UNION, UNITED TELEGRAPH WORKERS, AFL-CIO (LABOR ORGANIZATION/PETITIONER)
 FILED A PETITION FOR CLARIFICATION OF UNIT (CU) IN ORDER TO DETERMINE
 WHETHER OR NOT CERTAIN EMPLOYEES SHOULD BE INCLUDED IN THE EXCLUSIVELY
 REPRESENTED BARGAINING UNIT.  /1/ SPECIFICALLY, THE PETITIONER SEEKS TO
 EXCLUDE SIX CHIEF ELECTRONIC TECHNICIANS, (CET'S) WHO ARE WILLIAM C.
 STONE, WHO SERVES ON THE RESEARCHER;  JOHN L. SKEENS, WHO SERVES ON THE
 FERREL;  HARVEY W. HILDAHL, WHO SERVES ON THE SURVEYOR;  DONALD B.
 MCDANIEL, WHO SERVES ON THE FAIRWEATHER;  JAN P. BRANDT ON THE MCARTHUR;
  AND DONALD E.  BRINKWITZ, WHO SERVES ON THE DAVIDSON.  ALL OF THESE
 EMPLOYEES SERVE ON VESSELS OF THE ACTIVITY WHOSE MISSION IS SCIENTIFIC
 IN NATURE AND WHOSE RANGE IN WORLDWIDE.  THESE INDIVIDUALS MAINTAIN ALL
 OF THE ELECTRONIC GEAR ABOARD THESE VESSELS.  THE UNION CONTENDS THAT
 EMPLOYEES IN THE JOB CLASSIFICATIONS IN QUESTION ARE NOT SUPERVISORS,
 AND, THEREFORE, ARE ELIGIBLE FOR INCLUSION WITHIN ITS UNIT.
 
    CHIEF ELECTRONIC TECHNICIANS JOHN L. SKEENS, AND JAN P. BRANDT
 
    ON THEIR RESPECTIVE SHIPS, THESE INDIVIDUALS ARE RESPONSIBLE FOR THE
 OPERATION, MAINTENANCE, CALIBRATION, REPAIR AND LOGISTICAL SUPPORT OF
 ALL ELECTRONIC EQUIPMENT ASSIGNED TO THE SHIP'S ELECTRONIC DEPARTMENT.
 THIS EQUIPMENT INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING COMPLEX
 SYSTEMS AND SUBSYSTEMS:  LONG-RANGE NAVIGATION SYSTEMS, PRECISE
 ELECTRONIC POSITIONING SYSTEMS, RADAR AND SONAR SYSTEMS, COMPUTER
 SYSTEMS WITH THEIR INPUT/OUTPUT DEVICES, VARIOUS OCEANOGRAPHIC AND
 METEOROLOGIC INSTRUMENTS AND STANDARD SHIPBOARD RADIO, TELEPHONE AND
 INTERCOM SYSTEMS.  THEY ARE ALSO RESPONSIBLE FOR THE CLEANLINESS, ORDER
 AND SAFE WORKING CONDITIONS OF ALL WORKING AND STORAGE SPACES ASSIGNED
 TO THE DEPARTMENT.  THEY REPORT DIRECTLY TO THEIR RESPECTIVE SHIP'S
 EXECUTIVE OFFICERS, WHO IN TURN ARE RESPONSIBLE TO THEIR CAPTAINS.  THE
 RECORD REVEALS THAT THE INDIVIDUALS IN QUESTION HAVE NO MORE THAN TWO
 OTHER EMPLOYEES WORKING IN THEIR DEPARTMENT AT ANY GIVEN TIME.  ONE IS A
 LEAD ELECTRONIC TECHNICIAN, AND ANOTHER ELECTRONIC TECHNICIAN, USUALLY
 REFERRED TO AS A ROTATOR, WHO IS ON THE SHIP FOR A PERIOD NOT TO EXCEED
 SIX WEEKS BEFORE ROTATING TO SHORE DUTY WITH ANOTHER TECHNICIAN TAKING
 HIS PLACE.  THE RECORD REVEALS THAT THE CET'S FOR THE MOST PART PERFORM
 AS WORKING LEAD MEN.  THUS, THEIR RELATION TO THE EMPLOYEES IN THEIR
 RESPECTIVE ELECTRONICS DEPARTMENT IS OF ONE MORE EXPERIENCED TO ONE LESS
 EXPERIENCED.  THE OTHER EMPLOYEES IN THE DEPARTMENT RECEIVE NO TRAINING
 AS THEY ARE FULLY COMPETENT TO PERFORM THE TASK THEY ARE CALLED UPON TO
 DO, THEY REQUIRE NO DIRECTION, NOR SEEK ANY ADVICE FROM THE CET'S.  THE
 CET'S DO NOT HIRE OR EFFECTIVELY RECOMMEND HIRING ACTIONS, AND WHILE
 THEY DO HAVE SOME LATITUDE IN ASSIGNING THE VARIOUS ROUTINE TASKS TO
 DIFFERENT DEPARTMENT PERSONNEL, THEY CANNOT TRANSFER, FURLOUGH, OR
 RECALL EMPLOYEES.  THEY DO NOT REWARD EMPLOYEES, OR HAVE ANY ROLE OTHER
 THAN ROUTINELY SIGNING EVALUATION FORMS, WITHOUT MORE DETAIL INPUT, IN
 EVALUATING EMPLOYEES, OR MAINTAINING ANY EMPLOYEE RECORDS.  THEY DO NOT
 DISCIPLINE EMPLOYEES, EFFECTIVELY GRANT LEAVE, AND WOULD HAVE TO CONSULT
 HIGHER AUTHORITY SHOULD AN EMPLOYEE COME TO WORK UNFIT FOR DUTY.  THEY
 HAVE NOT RESOLVED GRIEVANCES, NOR DO THEY ATTEND SUPERVISORY MEETINGS.
 THEY ALSO EAT WITH THE CREW AND THE OTHER TECHNICIANS IN A COMMON DINING
 AREA, AND UNLIKE SHIP OFFICERS ARE NOT ACCORDED ROOM SERVICE.
 
    THE AUTHORITY THUS FINDS THAT THE EVIDENCE CONTAINED IN THE RECORD
 SUPPORTS THE PETITIONER'S CONTENTION THAT CHIEF ELECTRONIC TECHNICIANS
 JOHN L. SKEENS AND JAN P.  BRANDT, ARE NOT SUPERVISORS WITHIN THE
 MEANING OF SECTION 713(A)(10) OF THE STATUTE.  SECTION 7103(A)(10)
 PROVIDES, IN PERTINENT PART:
 
    (10) 'SUPERVISOR' MEANS AN INDIVIDUAL EMPLOYED BY AN AGENCY HAVING
 AUTHORITY IN THE
 
    INTEREST OF AN 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, . . .
 
    THUS THE RECORD CLEARLY ESTABLISHES THAT THE AUTHORITY THEY EXERCISE
 IN DIRECTING AND ASSIGNING TECHNICIANS IN THE PERFORMANCE OF THEIR WORK
 IS ROUTINE IN NATURE AND DOES NOT REQUIRE THE CONSISTENT EXERCISE OF
 INDEPENDENT JUDGMENT.  SEE NATIONAL GUARD BUREAU, MASSACHUSETTS AIR
 NATIONAL GUARD, 3 FLRA NO. 132(1980).  ACCORDINGLY, THE AUTHORITY FINDS
 SUCH EMPLOYEES ARE NOT SUPERVISORS WITHIN THE MEANING OF THE STATUTE,
 AND WILL BE INCLUDED WITHIN THE BARGAINING UNIT.
 
    CHIEF ELECTRONIC TECHNICIAN, WILLIAM C. STONE
 
    BASED ON THE RECORD TESTIMONY OF STONE, AND THE PETITIONER'S
 CONCESSION IN ITS POST HEARING BRIEF, THE AUTHORITY FINDS THAT STONE IS
 A SUPERVISOR WITHIN THE MEANING OF SECTION 7103(A)(1) OF THE STATUTE, AS
 HE CONSISTENTLY USES INDEPENDENT JUDGMENT IN THE EXERCISE OF HIS
 AUTHORITY TO DIRECT HIS EMPLOYEES AND ADJUST THEIR GRIEVANCES.
 ACCORDINGLY, HE SHOULD BE EXCLUDED FROM THE UNIT.
 
    CHIEF ELECTRONIC TECHNICIANS HARVEY W. HILDAHL, DONALD B. MCDANIEL,
 DONALD E. BRINKWITZ
 
    NO RECORD TESTIMONY OR STIPULATION WAS PRESENTED AS TO THE DUTIES OF
 THE ABOVE INDIVIDUALS UPON WHICH THE AUTHORITY CAN MAKE A SUPERVISORY
 DETERMINATION.  ACCORDINGLY, THE AUTHORITY MAKES NO FINDINGS WITH
 RESPECT TO THEIR SUPERVISORY STATUS.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED HEREIN, FOR
 WHICH THE RADIO OFFICERS UNION, UNITED TELEGRAPH WORKERS, AFL-CIO WAS
 EXCLUSIVELY RECOGNIZED ON APRIL 30, 1968, BE AND IT HEREBY IS, CLARIFIED
 BY INCLUDING IN SAID UNIT CHIEF ELECTRONIC TECHNICIANS JOHN L. SKEENS
 AND JAN P. BRANDT, AND EXCLUDING FROM SAID UNIT CHIEF ELECTRONIC
 TECHNICIAN WILLIAM C. STONE.
 
    ISSUED, WASHINGTON, D.C., JULY 15, 1981
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
                          CERTIFICATE OF SERVICE
 
    COPIES OF THE DECISION AND ORDER CLARIFYING UNIT OF THE FEDERAL LABOR
 RELATIONS AUTHORITY IN THE SUBJECT PROCEEDING HAVE THIS DAY BEEN MAILED
 TO THE PARTIES LISTED BELOW:
 
    MR. JOSEPH M. PENOT
 
    GULF COAST REPRESENTATIVE
 
    RADIO OFFICERS UNION, UNITED
 
    TELEGRAPH WORKERS, AFL-CIO
 
    ROOM 606, BARONNE BUILDING
 
    NEW ORLEANS, LA 70112
 
    MR. RALPH M. ROBINSON
 
    PACIFIC MARINE CENTER REPRESENTATIVE
 
    RADIO OFFICERS UNION, UNITED
 
    TELEGRAPH WORKERS, AFL-CIO
 
    1120 NW 100TH STREET
 
    SEATTLE, WA 98177
 
    MR. CHARLES D. CALHOUN, PRESIDENT
 
    RADIO OFFICERS UNION, UNITED
 
    TELEGRAPH WORKERS, AFL-CIO
 
    30 MONTGOMERY STREET
 
    JERSEY CITY, NJ 07302
 
    MICHAEL S. WOLLY, ESQ.
 
    MULHOLLAND AND HICKEY
 
    1125 FIFTEENTH STREET, NW, SUITE 400
 
    WASHINGTON, D.C. 20005
 
    CDR. CHRISTIAN ANDREASEN
 
    NOAA, U.S. DEPARTMENT OF COMMERCE
 
    OFFICE OF FLEET OPERATIONS
 
    6001 EXECUTIVE BLVD.
 
    ROCKVILLE, MD 20850
 
    MR. C. A. BLAKE
 
    NOAA, U.S. DEPARTMENT OF COMMERCE
 
    CHIEF, L/M RELATIONS, MB/PER 4
 
    6010 EXECUTIVE BLVD.
 
    ROCKVILLE, MD 20852
 
    MR. JEROME P. HARDIMAN
 
    DIRECTOR OF OPERATIONS
 
    FEDERAL LABOR RELATIONS AUTHORITY
 
    ROOM 7673, OPM BUILDING
 
    1900 E STREET, NW.
 
    WASHINGTON, D.C. 20424
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ THE RADIO OFFICERS UNION, UNITED TELEGRAPH WORKERS, AFL-CIO WAS
 RECOGNIZED AS AN EXCLUSIVE REPRESENTATIVE ON APRIL 30, 1968, IN A UNIT
 DEFINED AS FOLLOWS:
 
    UNIT I.  ALL ELECTRONIC TECHNICIANS AND RADIO OPERATORS ON VESSELS OF
 THE PACIFIC MARINE
 
    CENTER;  ALL ELECTRONIC TECHNICIANS EMPLOYED BY THE ELECTRONIC
 ENGINEERING DIVISION, PACIFIC
 
    MARINE CENTER;  AND RADIO OPERATORS EMPLOYED BY THE OPERATIONS
 DIVISION, PACIFIC MARINE
 
    CENTER;  EXCLUDING MANAGEMENT OFFICIALS, PROFESSIONAL EMPLOYEES,
 EMPLOYEES ENGAGED IN FEDERAL
 
    PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY, EMPLOYEES
 INCLUDED IN OTHER CURRENT
 
    EXCLUSIVE UNITS AND SUPERVISORS AS DEFINED IN THE FEDERAL
 LABOR-MANAGEMENT RELATIONS STATUTE.
 
    UNIT II.  ALL ELECTRONIC TECHNICIANS AND RADIO OPERATORS ON VESSELS
 OF THE ATLANTIC MARINE
 
    CENTER;  ALL ELECTRONIC TECHNICIANS EMPLOYED BY THE ELECTRONIC
 ENGINEERING DIVISION, ATLANTIC
 
    MARINE CENTER;  EXCLUDING MANAGEMENT OFFICIALS, PROFESSIONAL
 EMPLOYEES, EMPLOYEES ENGAGED IN
 
    FEDERAL PERSONN