U.S. Department of Justice, Bureau of Prisons, U.S. Penitentiary, Lewisburg, Pennsylvania (Activity) and American Federation of Government Employees, Council of Prison Locals, AFL-CIO (Labor Organization/Petitioner)



[ v07 p126 ]
07:0126(19)CU
The decision of the Authority follows:


 7 FLRA No. 19
 
 U.S. DEPARTMENT OF JUSTICE
 BUREAU OF PRISONS
 U.S. PENITENTIARY, LEWISBURG,
 PENNSYLVANIA
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, COUNCIL OF PRISON
 LOCALS, AFL-CIO
 Labor Organization/Petitioner
 
                                            Case No. 2-CU-6
 
                    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 AUTHORITY HAS REVIEWED THE HEARING
 OFFICERS'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 THE PARTIES' BRIEFS,
 THE AUTHORITY FINDS:
 
    THE ACTIVITY INCLUDES A FEDERAL PENITENTIARY AND A BRANCH OF FEDERAL
 PRISON INDUSTRIES, BOTH UNDER THE OVERALL SUPERVISION OF THE WARDEN.
 THE FEDERAL PRISON INDUSTRIES OPERATES A METAL FACTORY AND A CLOTHING
 FACTORY IN LEWISBURG IN WHICH INMATES WORK ON A MERIT BASIS UNDER THE
 DIRECTION OF CIVILIAN EMPLOYEES OF THE ACTIVITY IN THE MANUFACTURE OF
 CERTAIN GOODS.  THE PENITENTIARY ITSELF ALSO UTILIZES INMATES ON A MERIT
 BASIS TO PROVIDE MUCH OF THE UPKEEP, MAINTENANCE AND PAPERWORK NEEDED TO
 KEEP IT OPERATIONAL.  THE INCUMBENTS IN THE POSITIONS AT ISSUE ALL
 DIRECT THE WORK OF INMATE WORKERS AS WELL AS HAVING CERTAIN
 RESPONSIBILITIES WITH RESPECT TO CIVILIAN EMPLOYEES.
 
    THE PETITIONER SEEKS TO CLARIFY ITS EXCLUSIVE BARGAINING UNIT /1/ TO
 INCLUDE THE INCUMBENTS IN THE FOLLOWING POSITIONS OF THE ACTIVITY:
 WELDING MACHINE OPERATOR FOREMAN, PAINTER FOREMAN, GENERAL FACILITIES
 EQUIPMENT REPAIRS FOREMAN, SHEET METAL FORMING MACHINE OPERATOR FOREMAN,
 WAREHOUSEMAN FOREMAN, SUPERVISORY TRUST FUND CLERK, AUTOMOTIVE MECHANIC
 FOREMAN, PLUMBER FOREMAN, MACHINIST FOREMAN, ASSISTANT FOOD
 ADMINISTRATOR, RECORDS CONTROL SUPERVISOR AND ELECTRICIAN FOREMAN.  THE
 PETITIONER CONTENDS THAT THE EMPLOYEES IN THESE POSITIONS ARE NOT
 SUPERVISORS WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE STATUTE.
 /2/ THE ACTIVITY TAKES THE POSITION THAT THE EMPLOYEES IN QUESTION ARE
 SUPERVISORS WITHIN THE MEANING OF SECTION 7103(A)(10) BASED BOTH ON
 THEIR DUTIES IN DIRECTING THE WORK OF INMATES OF THE PENITENTIARY, AND
 ON THEIR DUTIES IN DIRECTING THE WORK OF CIVILIAN EMPLOYEES WHO ARE PART
 OF THE BARGAINING UNIT.
 
    BEFORE EXAMINING THE DUTIES OF THE EMPLOYEES AT ISSUE TO DETERMINE
 WHETHER THEY EXERCISE INDICIA OF SUPERVISORY AUTHORITY AT SET OUT IN
 SECTION 7103(A)(10), IT MUST BE NOTED THAT A FINDING OF SUPERVISORY
 STATUS FOR LABOR-MANAGEMENT RELATIONS PURPOSES /3/ DEPENDS UPON WHETHER
 SUCH SUPERVISORY AUTHORITY IS EXERCISED OVER "EMPLOYEES" AS DEFINED IN
 THE STATUTE.  /4/ THE ACTIVITY IN ITS BRIEF, P. 26, DOES NOT CONTEND
 THAT THE INMATE WORKERS DIRECTED BY THE INCUMBENTS IN QUESTION ARE
 "EMPLOYEES" AS DEFINED IN SECTION 7103(A)(2) OF THE STATUTE.  /5/
 THEREFORE, ANY AUTHORITY EXERCISED OVER INMATES WITH REGARD TO THEIR
 WORK SHALL NOT BE CONSIDERED FOR PURPOSES OF DETERMINING THE SUPERVISORY
 STATUS OF THE EMPLOYEES IN QUESTION.
 
    ALTERNATIVELY, THE ACTIVITY TAKES THE POSITION THAT THE EMPLOYEES IN
 THE POSITIONS IN QUESTION ARE SUPERVISORS BECAUSE THEY EXERCISE
 AUTHORITY OVER ONE OR MORE CIVILIAN EMPLOYEES OF THE ACTIVITY.  THE
 EVIDENCE IN THIS REGARD, AND THE AUTHORITY'S CONCLUSIONS, FOLLOW.
 
    WELDING MACHINE OPERATOR FOREMAN, WS-11;  PAINTER FOREMAN, WS-10;
 GENERAL FACILITIES EQUIPMENT REPAIRS FOREMAN, WS-11;  SHEET METAL
 FORMING MACHINE OPERATOR FOREMAN, WS-9;  AUTOMOTIVE MECHANIC FOREMAN,
 WS-10;  PLUMBER FOREMAN, WS-10;  MACHINIST FOREMAN, WS-11;  AND
 ELECTRICIAN FOREMAN, WS-11.
 
    BASED ON THE SIMILAR NATURE OF THEIR DUTIES AND RESPONSIBILITIES,
 THESE EIGHT POSITIONS ARE CONSIDERED TOGETHER.  THE FIRST FOUR POSITIONS
 ARE UNDER THE DIRECT SUPERVISORY RESPONSIBILITY OF THE METAL FACTORY
 GENERAL FOREMAN.  THE INCUMBENTS ARE RESPONSIBLE FOR THE DIRECTION OF
 INMATE WORKERS EMPLOYED BY FEDERAL PRISON INDUSTRIES IN THE PRODUCTION
 OF METAL CHAIRS.  EACH IS ASSISTED IN THE DIRECTION OF THIS WORK BY ONE
 OR MORE LOWER GRADED FOREMEN.  THREE OF THE FOUR ARE ASSISTED BY ONLY
 ONE LOWER GRADED FOREMAN.  /6/ THE GENERAL FACILITIES EQUIPMENT REPAIRS
 FOREMAN IS ASSISTED BY FOUR SUCH FOREMEN FROM THE VARIOUS MECHANICAL
 SPECIALTIES;  THE INCUMBENT AND THE FOUR LOWER GRADED FOREMEN TOGETHER
 DIRECT INMATE WORKERS IN THE MAINTENANCE AND REPAIR OF THE PLANT AND
 EQUIPMENT OF THE METAL FACTORY.
 
    THE LATTER FOUR OF THE EIGHT POSITIONS NOTED ABOVE ARE SUPERVISED
 DIRECTLY BY THE MAINTENANCE GENERAL FOREMAN OF THE PENITENTIARY.  LIKE
 THE OTHER FOUR DISCUSSED ABOVE, THE INCUMBENTS ARE RESPONSIBLE FOR
 DIRECTING INMATE WORKERS, EXCEPT THAT THEIR RESPONSIBILITIES ARE RELATED
 TO THE PENITENTIARY ITSELF RATHER THAN THE FEDERAL PRISON INDUSTRIES.
 EACH OF THE FOUR INCUMBENTS IS ASSISTED BY ONE LOWER GRADED FOREMAN IN
 DIRECTING THE INMATE WORKERS.  THESE LOWER GRADED FOREMEN ARE CLASSIFIED
 BY THE ACTIVITY AS WS FOREMEN.  (SEE NOTE 6, SUPRA.)
 
    ALL OF THE INCUMBENTS IN QUESTIONS, AS WELL AS THE LOWER GRADED
 FOREMEN WHO ASSIST THEM, ARE SKILLED CRAFTSMEN WHO SPEND THE MAJORITY OF
 THEIR WORKING HOURS DIRECTING INMATE WORKERS IN THEIR CRAFT SPECIALTY.
 THE RECORD REFLECTS THAT THE FOREMEN IN QUESTION HEREIN HAVE CERTAIN
 RESPONSIBILITY FOR THE ASSIGNMENT AND DIRECTION OF THE LOWER GRADED
 FOREMEN.  HOWEVER, SUCH RESPONSIBILITY IS GENERALLY LIMITED TO A
 DETERMINATION OF HOW TO SHARE THE DIRECTION OF THE INMATES IN PERFORMING
 THE WORK ASSIGNED BY THE GENERAL FOREMAN OR HIS SUPERIOR.  CUSTOM
 DICTATES MUCH OF THIS DETERMINATION.  FOR EXAMPLE, THE PLUMBER FOREMAN
 GENERALLY TAKES THE WORK INSIDE THE PENITENTIARY BASED ON CUSTOM WHILE
 THE LOWER GRADED FOREMAN TAKES THE WORK OUTSIDE THE PENITENTIARY WALLS.
 
    THERE IS NO EVIDENCE THAT ANY OF THE FOREMEN IN QUESTION HAS THE
 AUTHORITY TO PROMOTE, TRANSFER, FURLOUGH, LAYOFF, RECALL, SUSPEND,
 DISCIPLINE, OR REMOVE THE LOWER GRADED FOREMEN OR TO EFFECTIVELY
 RECOMMEND SUCH ACTION.  NONE HAS ADJUSTED GRIEVANCES, AND, IN FACT, THE
 METAL FACTORY GENERAL FOREMAN CONSIDERS HIMSELF TO BE THE FIRST STEP IN
 THE NEGOTIATED GRIEVANCE PROCEDURE FOR THE LOWER GRADED FOREMEN.  /7/
 
    WITH RESPECT TO HIRING, THE RECORD INDICATES THAT TWO OF THE EIGHT
 FOREMEN IN QUESTION EACH SAT IN ON ONE INTERVIEW OF APPLICANTS WHO WERE
 EVENTUALLY HIRED.  HOWEVER, IN EACH CASE THE INTERVIEW WAS CONDUCTED BY
 OTHERS, AND, ALTHOUGH EACH FOREMAN WAS ASKED FOR HIS OPINION, NEITHER
 WAS INVOLVED IN THE ACTUAL SELECTION, OR IN INTERVIEWING ALL OF THE
 CANDIDATES.  SIMILARLY, AN AWARD WAS SUGGESTED BY ONE OF THE FOREMEN
 WITH RESPECT TO A LOWER GRADED FOREMAN THAT WAS EVENTUALLY GRANTED, BUT
 THE RECORD DOES NOT ESTABLISH THE CIRCUMSTANCES NOR GIVE OTHER EXAMPLES.
  HOWEVER, ALL OF THE FOREMEN IN QUESTION ARE RESPONSIBLE FOR EVALUATING
 THE LOWER GRADED FOREMEN WHO ASSIST THEM.
 
    THE EMPLOYEES IN THE FOREMEN POSITIONS IN QUESTION ARE NOT
 RESPONSIBLE FOR GRANTING OR SCHEDULING LEAVE, NOR DO THEY HAVE AUTHORITY
 TO DO SO.  THAT AUTHORITY IN ALL CASES RESTS WITH THE GENERAL FOREMAN
 IMMEDIATELY ABOVE THEM.  NEITHER DO THEY HAVE THE AUTHORITY TO GRANT
 EMERGENCY LEAVE;  RATHER THE LOWER GRADED FOREMEN CALL THE GENERAL
 FOREMAN OR THE ADMINISTRATIVE OFFICE TO REPORT EMERGENCY LEAVE.
 
    THE AUTHORITY CONCLUDES THAT THE EIGHT FOREMEN IN QUESTION ARE NOT
 SUPERVISORS AS DEFINED BY SECTION 7103(A)(10) OF THE STATUTE.  IN THIS
 REGARD, THE RECORD DOES NOT SHOW THAT THE FOREMEN IN QUESTION HAVE
 AUTHORITY TO HIRE, PROMOTE, DISCIPLINE, OR ADJUST THE GRIEVANCES OF THE
 LOWER GRADED FOREMEN OR TO EFFECTIVELY RECOMMEND SUCH ACTIONS.
 MOREOVER, THE RECORD CLEARLY ESTABLISHES THAT THE FOREMEN IN QUESTION
 ACT AS WORK LEADERS /8/ TO THE LOWER GRADED FOREMEN, AND THAT THE
 AUTHORITY EXERCISED OVER SUCH EMPLOYEES IS ROUTINE IN NATURE AND
 CONTROLLED BY CUSTOM AND DIRECTIVES FROM HIGHER AUTHORITY.  THUS, THE
 RECORD DOES NOT INDICATE THAT THE FOREMEN IN QUESTION HAVE CONSISTENTLY
 EXERCISED INDEPENDENT JUDGMENT IN THE PERFORMANCE OF THEIR FUNCTIONS:
 /9/ RATHER IT APPEARS THEY SPEND THE MAJORITY OF THEIR WORK DAY
 PERFORMING THE SAME OR SIMILAR WORK AS THE LOWER GRADED FOREMEN.
 ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT THE DISPUTED POSITIONS
 LISTED ABOVE BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT.
 
    WAREHOUSEMAN FOREMAN, WS-6.
 
    LIKE SEVERAL OF THE ABOVE-NOTED FOREMAN POSITIONS, THIS POSITION IS
 ORGANIZATIONALLY PART OF THE FEDERAL PRISON INDUSTRIES.  THE IMMEDIATE
 SUPERVISOR OF THE INCUMBENT IS THE BUSINESS MANAGER FOR THE FEDERAL
 PRISON INDUSTRIES.  SIX WAREHOUSE FOREMEN (AT ONE GRADE LOWER) ASSIST
 THE INCUMBENT, WHOSE DUTIES INCLUDE COORDINATING THE VARIOUS WAREHOUSE
 FUNCTIONS WHICH ARE PERFORMED BY INMATE WORKERS UNDER THE IMMEDIATE
 DIRECTION OF THE LOWER GRADED FOREMEN.  THE INCUMBENT DOES NOT DIRECT
 THE LOWER GRADED FOREMEN IN WHICH INVOLVES ROTATION BASED ON CUSTOM;
 SUCH SCHEDULING IS ROUTINE AND OCCUPIES ONLY A SMALL PART OF HIS
 WORKDAY.  HOWEVER, THE ACTUAL ASSIGNMENT OF WORK COMES FROM OTHER
 SOURCES.  HE ALSO IS RESPONSIBLE FOR EVALUATING THE SIX WAREHOUSE
 FOREMEN.  OTHER THAN SUCH ROUTINE SCHEDULING RESPONSIBILITY AND THE
 EVALUATION OF THE SIX FOREMEN, THE INCUMBENT'S RESPONSIBILITIES ARE
 LIMITED BECAUSE HIS IMMEDIATE SUPERVISOR RETAINS RESPONSIBILITY FOR
 GRANTING LEAVE AND OVERTIME;  THE BUSINESS MANAGER ALSO RETAINS
 RESPONSIBILITY FOR ADJUSTING THE GRIEVANCES OF ALL THE WAREHOUSE
 FOREMEN, AS WELL AS HIRING, PROMOTION AND DISCIPLINE.
 
    UNDER THESE CIRCUMSTANCES, THE AUTHORITY CONCLUDES THAT THE
 WAREHOUSEMAN FOREMAN POSITION IS NOT A SUPERVISORY POSITION WITHIN THE
 MEANING OF SECTION 7103(A)(10) OF THE STATUTE.  IN THIS REGARD, THE
 RECORD INDICATES THAT THE FOREMAN IN QUESTION DOES NOT HAVE AUTHORITY
 WITH RESPECT TO HIRING, PROMOTING, DISCIPLINING, OR ADJUSTING
 GRIEVANCES.  MOREOVER, THE EMPLOYEE OCCUPYING THE POSITION IS PRIMARILY
 A COORDINATOR, OR WORKING LEADER, WHOSE ASSIGNMENT AND DIRECTION OF THE
 LOWER GRADED FOREMEN IS ROUTING IN NATURE AND DOES NOT INVOLVE THE
 CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT.  ACCORDINGLY, THE AUTHORITY
 SHALL ORDER THAT THE WAREHOUSEMAN FOREMAN, WS-6, BE INCLUDED IN THE
 EXCLUSIVELY RECOGNIZED UNIT.
 
    SUPERVISORY TRUST FUND CLERK, GS-8.
 
    THE EMPLOYEE OCCUPYING THE POSITION OF SUPERVISORY TRUST FUND CLERK
 REPORTS DIRECTLY TO THE GENERAL BUSINESS MANAGER OF THE PENITENTIARY.
 THE RESPONSIBILITIES OF THE POSITION INCLUDE ADMINISTERING THE INMATES'
 TRUST FUNDS AND THE OPERATION OF STORES WITHIN THE PENITENTIARY SELLING
 PRODUCTS TO THE INMATES.  IN ACCOMPLISHING THIS RESPONSIBILITY THE
 EMPLOYEE IN QUESTION IS ASSIGNED FOUR SUBORDINATE CLERKS, ALL OF WHOM
 ARE GRADED AT GS-6.  ALL OF THE CLERKS, INCLUDING THE INCUMBENT, DIRECT
 INMATE WORKERS IN THE ACTUAL PERFORMANCE OF MUCH OF THE WORK.  THE
 INCUMBENT IS GENERALLY RESPONSIBLE FOR OVERSEEING RECORD KEEPING
 ACTIVITY AND PROVIDING COVERAGE OF THE COMMISSARY OPERATION.  IN THIS
 CONNECTION, HE HAS THE AUTHORITY TO MAKE AND SCHEDULE WORK ASSIGNMENTS
 AND TO APPROVE ALL LEAVE.  HOWEVER, BECAUSE OF A VACANCY AT THE TIME OF
 THE HEARING, HE WAS SPENDING A DISPROPORTIONATE AMOUNT OF TIME FILING IN
 FOR THE SUBORDINATE CLERKS' COVERAGE OF THE COMMISSARY STORE HOURS.
 
    THE RECORD REFLECTS THAT THE INCUMBENT HAS BEEN INVOLVED IN AT LEAST
 TWO INTERVIEWS INVOLVING VACANCIES OF SUBORDINATE CLERK POSITIONS, AND
 IN ONE INSTANCE HE WAS ASKED TO GIVE A WRITTEN RECOMMENDATION.  ALTHOUGH
 HE WAS NOT THE DECIDING OFFICIAL, HIS RECOMMENDATION WAS FOLLOWED.
 WHILE THE INCUMBENT HAS NOT FORMALLY DISCIPLINED ANY EMPLOYEES, HE HAS
 COUNSELLED ONE OF THE SUBORDINATE CLERKS WITH RESPECT TO THE CLERK'S
 WORK PERFORMANCE.  IN THIS REGARD, THE INCUMBENT TESTIFIED HE HOLDS
 REGULAR MEETINGS WITH ALL OF THE SUBORDINATE CLERKS IN AN ATTEMPT TO
 RESOLVE ANY PROBLEMS INFORMALLY.  IN ADDITION, HE HAS RECOMMENDED THAT
 ONE OF THE SUBORDINATE CLERKS BE UPGRADED, ALTHOUGH AT THE TIME OF THE
 HEARING HIS SUPERIOR HAD NOT ACTED UPON THAT RECOMMENDATION.  FINALLY,
 HE IS RESPONSIBLE FOR EVALUATING ALL OF THE SUBORDINATE CLERKS.
 
    IN THESE CIRCUMSTANCES, THE AUTHORITY CONCLUDES THAT THE EMPLOYEE
 OCCUPYING THE SUPERVISORY TRUST FUND CLERK POSITION IS A SUPERVISOR
 WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE STATUTE, AS THE
 INCUMBENT'S DISCRETION WITH RESPECT TO THE ASSIGNMENT AND DIRECTION OF
 THE SUBORDINATE CLERKS IS NOT ROUTINE AND INVOLVES THE CONSISTENT
 EXERCISE OF INDEPENDENT JUDGMENT.  /10/ IN THIS CONNECTION, HE IS
 PRIMARILY RESPONSIBLE FOR MAKING AND SCHEDULING THE WORK ASSIGNMENTS OF
 THE SUBORDINATE CLERKS IN TWO SEPARATE WORK OPERATIONS AND HE HAS FULL
 AUTHORITY FOR APPROVING THEIR LEAVE. FURTHER, HE HOLDS REGULAR MEETINGS
 WITH HIS SUBORDINATES TO DEAL WITH POTENTIAL GRIEVANCES, AND HE HAS
 COUNSELLED ONE EMPLOYEE WITH RESPECT TO WORK PERFORMANCE.  ALSO, HE HAS
 HAD SUBSTANTIAL INVOLVEMENT IN HIRING IN WHICH HIS RECOMMENDATIONS HAVE
 BEEN FOLLOWED, AND HE HAS RECOMMENDED THAT ONE OF HIS SUBORDINATES BE
 PROMOTED.  ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT THE SUPERVISORY
 TRUST FUND CLERK, GS-8, BE EXCLUDED FROM THE EXCLUSIVELY RECOGNIZED
 UNIT.
 
    ASSISTANT FOOD ADMINISTRATOR, GS-11.
 
    THE INCUMBENT OF THIS POSITION IS THE ASSISTANT FOOD ADMINISTRATOR IS
 RESPONSIBLE FOR THE PLANNING, PREPARATION AND SERVICE OF FOOD TO THE
 INMATES.  THE INCUMBENT OR THE FOOD SERVICE ADMINISTRATOR GENERALLY IS
 PRESENT DURING ALL OF THE WEEKLY MEAL PERIODS.  CONSEQUENTLY, THEY WORK
 DIFFERENT SCHEDULES, WITH SOME OVERLAP.  THE FOOD SERVICE ADMINISTRATOR
 HAS DELEGATED TO THE INCUMBENT THE RESPONSIBILITY FOR SCHEDULING THE
 WORK OF THE THIRTEEN SUBORDINATE FOREMEN WHO ARE GRADED AT THE WS-8
 LEVEL.  THESE FOREMEN DIRECTLY SUPERVISE INMATE WORKERS IN THE VARIOUS
 ASPECTS OF MEAL PREPARATION AND FOOD SERVICE.  THE INCUMBENT IS
 RESPONSIBLE FOR SCHEDULING ROTATING SHIFTS OF THE FOREMEN, AND FOR
 APPROVING OVERTIME WHEN NECESSARY.  IN ADDITION, LEAVE RECORDS FOR THE
 THIRTEEN SUBORDINATE FOREMEN ARE MAINTAINED BY THE INCUMBENT AND AS PART
 OF HIS RESPONSIBILITY HE HAS THE AUTHORITY TO APPROVE LEAVE.  IN THIS
 REGARD, HE OCCASIONALLY FILLS IN FOR A SUBORDINATE FOREMAN, BUT HE
 PRIMARILY IS RESPONSIBLE FOR COORDINATING THE OPERATION.  IN ADDITION,
 THE RECORD REFLECTS THAT THE INCUMBENT SUBSTITUTES FOR THE FOOD SERVICE
 ADMINISTRATOR BOTH WHEN HE IS ON LEAVE AND DURING THOSE DAILY PERIODS
 WHEN THE INCUMBENT IS PRESENT AND THE ADMINISTRATOR IS NOT SCHEDULED TO
 WORK.  DURING THESE SUBSTITUTION PERIODS THE INCUMBENT HAS ATTENDED
 MANAGEMENT MEETINGS.  FINALLY, THE INCUMBENT HAS THE RESPONSIBILITY FOR
 EVALUATING THE THIRTEEN SUBORDINATE FOREMEN.
 
    IN THESE CIRCUMSTANCES, THE AUTHORITY CONCLUDES THAT THE EMPLOYEE IN
 THE POSITION OF ASSISTANT FOOD ADMINISTRATOR IS A SUPERVISOR WITHIN THE
 MEANING OF SECTION 7103(A)(10) OF THE STATUTE.  THUS, THE RECORD
 REFLECTS THAT THE INCUMBENT'S AUTHORITY WITH RESPECT TO THE ASSIGNMENT
 AND DIRECTION OF THE SUBORDINATE FOREMEN IS NOT ROUTINE IN NATURE AND
 REQUIRES THE CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT.  IN THIS
 CONNECTION, HE HAS BEEN DELEGATED RESPONSIBILITY FOR THE ASSIGNMENT AND
 SCHEDULING OF THE SUBORDINATE FOREMEN AND FOR THE APPROVAL OF THEIR
 OVERTIME.  MOREOVER, HE MAINTAINS THEIR LEAVE RECORDS AND HAS THE
 AUTHORITY TO APPROVE THEIR LEAVE.  FURTHER, HE SERVES IN PLACE OF THE
 FOOD SERVICE ADMINISTRATOR AND IN HIS ABSENCE HAS ATTENDED MANAGEMENT
 MEETINGS.  ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT THE ASSISTANT
 FOOD ADMINISTRATOR, GS-11, BE EXCLUDED FROM THE EXCLUSIVELY RECOGNIZED
 UNIT.
 
    RECORDS CONTROL SUPERVISOR, GS-8.
 
    THE RECORDS CONTROL SUPERVISOR'S IMMEDIATE SUPERVISOR IS THE RECORDS
 SYSTEM MANAGER.  ALL INMATE RECORDS ARE KEPT IN THE RECORDS OFFICE.
 WITHIN THE RECORDS SYSTEM MANAGER'S OFFICE, THREE EMPLOYEES ASSIST THE
 RECORDS CONTROL SUPERVISOR:  TWO RECORDS CONTROL ASSISTANTS AND A
 RECORDS CLERK.  AT THE TIME OF THE HEARING, THE EMPLOYEE PREVIOUSLY
 OCCUPYING THE POSITION IN QUESTION HAD BEEN TEMPORARILY PROMOTED TO THE
 VACANT RECORDS SYSTEM MANAGER POSITION, AND ONE OF THE RECORDS CONTROL
 ASSISTANTS HAD BEEN TEMPORARILY PROMOTED TO THE RECORDS CONTROL
 SUPERVISOR POSITION.  BOTH EMPLOYEES TESTIFIED REGARDING THE DUTIES OF
 THE POSITION IN QUESTION.  HOWEVER, THEIR EXPERIENCES WERE NOT
 CONSISTENT WITH EACH OTHER.  THUS, WHILE THE EMPLOYEE TEMPORARILY
 PROMOTED TO RECORDS SYSTEM MANAGER TESTIFIED THAT WHEN HE SERVED IN THE
 POSITION THE THREE EMPLOYEES GENERALLY REPORTED TO HIM, RECEIVED THEIR
 ASSIGNMENTS PRIMARILY FROM HIM AND HAD THEIR WORK MONITORED BY HIM, THE
 EMPLOYEE PRESENTLY OCCUPYING THE POSITION IN A TEMPORARY PROMOTED TO
 RECORDS SYSTEM MANAGER TESTIFIED THAT THAT WHEN HE SERVED IN THE
 POSITION THE THREE EMPLOYEES GENERALLY REPORTED TO HIM, RECEIVED THEIR
 ASSIGNMENTS PRIMARILY FROM HIM AND HAD THEIR WORK MONITORED BY HIM, THE
 EMPLOYEE PRESENTLY OCCUPYING THE POSITION IN A TEMPORARY PROMOTION
 TESTIFIED THAT OTHER THAN COORDINATING THE THREE EMPLOYEES' WORK, HE HAS
 NOT BEEN INVOLVED IN ASSIGNING OR MONITORING THEIR ACTIVITY.  IN
 ADDITION, HE HAD NOT BEEN INVOLVED IN DISCIPLINE, NOR HAD HE COMPLETED
 AN EVALUATION.  HOWEVER, BOTH THE FORMER INCUMBENT AND THE CURRENT
 TEMPORARY INCUMBENT TESTIFIED THAT THE RECORDS SYSTEM MANAGER, NOT THE
 RECORDS CONTROL SUPERVISOR, HAS THE RESPONSIBILITY FOR LEAVE APPROVAL
 FOR ALL EMPLOYEES IN THE OFFICE AND THAT THE THREE EMPLOYEE;  WHO ASSIST
 THE INCUMBENT OF THE POSITION IN QUESTION GENERALLY KNOW THEIR JOB SO
 THAT LITTLE DAY-TO-DAY DIRECTION IS REQUIRED.  FINALLY, THE RECORD
 REFLECTS THAT THE RESPONSIBILITY FOR HIRING, PROMOTING, TRANSFERING AND
 OTHER SUPERVISORY INDICIA IS GENERALLY HELD BY THE RECORDS SYSTEM
 MANAGER, OR SOMEONE HIGHER IN THE CHAIN OF COMMAND.
 
    IN THESE CIRCUMSTANCES, THE AUTHORITY FINDS THE EVIDENCE INSUFFICIENT
 TO CONCLUDE THAT THE EMPLOYEE PRESENTLY OCCUPYING THE POSITION OF
 RECORDS CONTROL SUPERVISOR IS A SUPERVISOR WITHIN THE MEANING OF SECTION
 7103(A)(10) OF THE STATUTE.  IN THIS REGARD, THE INCUMBENT WAS ONLY
 RECENTLY TEMPORARILY PROMOTED TO THE POSITION, AND HIS TESTIMONY
 REFLECTS THAT HE HAS EXERCISED NO SUPERVISORY AUTHORITY, WITHIN THE
 MEANING OF SECTION 7103(A)(10) OF THE STATUTE OVER THE EMPLOYEES WHO
 ASSIST HIM.  ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT THE RECORDS
 CONTROL SUPERVISOR, GS-8, BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED
 UNIT.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED HEREIN FOR
 WHICH THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES COUNCIL OF PRISON
 LOCALS, AFL-CIO, WAS RECOGNIZED JANUARY 17, 1968, UNDER EXECUTIVE ORDER
 10988, BE, AND IT HEREBY IS, CLARIFIED BY INCLUDING IN THE UNIT THE
 FOLLOWING POSITIONS:  WELDING MACHINE OPERATOR FOREMAN, WS-11;  PAINTER
 FOREMAN, WS-10;  GENERAL FACILITIES EQUIPMENT REPAIRS FOREMAN, WS-11;
 SHEET METAL FORMING MACHINE OPERATOR FOREMAN, WS-9;  AUTOMOTIVE MECHANIC
 FOREMAN, WS-10;  PLUMBER FOREMAN, WS-10;  MACHINIST FOREMAN, WS-11;
 ELECTRICIAN FOREMAN, WS-11;  WAREHOUSEMAN FOREMAN, WS-6;  AND, RECORDS
 CONTROL SUPERVISOR, GS-8.  THE UNIT IS FURTHER CLARIFIED BY EXCLUDING
 FROM THE EXCLUSIVELY RECOGNIZED UNIT THE SUPERVISORY TRUST FUND CLERK,
 GS-8 AND THE ASSISTANT FOOD ADMINISTRATOR, GS-11.
 
    ISSUED, WASHINGTON, D.C., OCTOBER 30, 1981
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ THE EXCLUSIVE UNIT CONSISTS OF ALL EMPLOYEES, CLASS ACT (GENERAL
 SCHEDULE) AND WAGE GRADE, INCLUDING PROFESSIONALS, OF THE BUREAU OF
 PRISONS AND FEDERAL PRISON INDUSTRIES, EXCLUDING MANAGEMENT OFFICIALS,
 EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY
 CLERICAL CAPACITY AND ANY "SUPERVISOR" AS DEFINED IN SECTION 2(C) OF
 EXECUTIVE ORDER 11491 AS AMENDED.
 
    /2/ SECTION 7103(A)(10) PROVIDES:
 
    SEC. 7103.  DEFINITIONS;  APPLICATION (A) FOR THE PURPOSE OF THIS
 CHAPTER--
 
   .          .          .          .
 
 
    (10) '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(.)
 
    /3/ AN AGENCY'S DETERMINATION THAT CERTAIN EMPLOYEES ARE
 "SUPERVISORS" FOR PAY PURPOSES IS NOT CONTROLLING ON THE AUTHORITY WHEN
 IT DETERMINES UNIT PLACEMENT UNDER THE STATUTE.  SEE INTERPRETATION AND
 GUIDANCE, 4 FLRA NO. 99(1980).
 
    /4/ SEE NORTH CAROLINA AIR NATIONAL GUARD, CHARLOTTE, NORTH CAROLINA,
 4 FLRA NO. 44(1980), WHERE THE AUTHORITY NOTED THAT SECTION 7103(A)(10)
 DEFINES "SUPERVISOR" AS AN INDIVIDUAL HAVING AUTHORITY OVER "EMPLOYEES,"
 WHO IN TURN ARE DEFINED IN SECTION 7103(A)(2), AS "INDIVIDUAL(S)
 EMPLOYED IN AN AGENCY . . . ."
 
    /5/ SECTION 7103(A)(2)(A) PROVIDES:
 
    (A) FOR THE