U.S. Coast Guard, Headquarters, Washington, D.C. (Activity) and American Federation of Government Employees, AFL-CIO, Local 3313 (Petitioner)



[ v07 p743 ]
07:0743(119)CU
The decision of the Authority follows:


 7 FLRA No. 119
 
 U.S. COAST GUARD, HEADQUARTERS,
 WASHINGTON, D.C.
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 3313
 Petitioner
 
                                            Case Nos. 3-CU-57 
                                                      3-CU-58
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    UPON PETITIONS DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
 (THE 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 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 THIS CASE, THE AUTHORITY FINDS:  THE
 PETITIONER, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL
 3313 (AFGE) SEEKS TO CLARIFY AN EXISTING EXCLUSIVELY RECOGNIZED UNIT OF
 NONSUPERVISORY, PROFESSIONAL AND NONPROFESSIONAL GENERAL SCHEDULE AND
 WAGE GRADE EMPLOYEES OF THE UNITED STATES COAST GUARD, HEADQUARTERS,
 WASHINGTON, D.C. TO INCLUDE TWO POSITIONS THEREIN, AN ELECTRONICS
 ENGINEER, GS-855-13 AND A PROGRAM ANALYST, GS-345-14.  THE ACTIVITY
 CONTENDS THAT THE TWO EMPLOYEES SHOULD BE EXCLUDED FROM THE UNIT BECAUSE
 THEY ARE MANAGEMENT OFFICIALS WITHIN THE MEANING OF THE STATUTE.
 
    SECTION 7103(A)(11) OF THE STATUTE DEFINES "MANAGEMENT OFFICIAL" AS:
 
    . . . AN INDIVIDUAL EMPLOYED BY AN AGENCY IN A POSITION THE DUTIES
 AND RESPONSIBILITIES OF
 
    WHICH REQUIRE OR AUTHORIZE THE INDIVIDUAL TO FORMULATE, DETERMINE, OR
 INFLUENCE THE POLICIES
 
    OF THE AGENCY(.)
 
    IN THE LEAD CASE OF DEPARTMENT OF THE NAVY, AUTOMATIC DATA PROCESSING
 SELECTION OFFICE, 7 FLRA NO. 24(1981), THE AUTHORITY INTERPRETED THAT
 DEFINITION AND CONCLUDED THAT IT INCLUDES THOSE INDIVIDUALS WHO:  (1)
 CREATE, ESTABLISH OR PRESCRIBE GENERAL PRINCIPLES, PLANS OR COURSES OF
 ACTION FOR AN AGENCY;  (2) DECIDE UPON OR SETTLE UPON GENERAL
 PRINCIPLES, PLANS OR COURSES OF ACTION FOR AN AGENCY;  OR (3) BRING
 ABOUT OR OBTAIN A RESULT AS TO THE ADOPTION OF GENERAL PRINCIPLES, PLANS
 OR COURSES OF ACTION FOR AN AGENCY.  THE QUESTION IS WHETHER THE
 INCUMBENTS OF THE TWO POSITIONS AT ISSUE HEREIN ARE MANAGEMENT OFFICIALS
 WITHIN THE FOREGOING DEFINITION, AS INTERPRETED BY THE AUTHORITY.
 
    JOB NUMBER 62-3008, ELECTRONICS ENGINEER, GS-855-13
 
    THE RECORD ESTABLISHES THAT THE INCUMBENT IN THIS POSITION, RUSSELL
 R. VOLLMERS, SERVES AS THE SENIOR ELECTRONICS ENGINEER IN THE SENIOR
 TECHNOLOGY BRANCH, SYSTEMS TECHNOLOGY DIVISION, OFFICE OF RESEARCH AND
 DEVELOPMENT.  HE CONCEIVES NEW COMPLEX SYSTEMS CONCEPTS RELATING TO
 AIRBORNE AND SATELLITE REMOTE SENSING SYSTEMS, AND HE ALSO PLANS,
 BUDGETS, AND SCHEDULES LONG RANGE RESEARCH AND DEVELOPMENT PROGRAMS. 
 HE
 PLANS AND CONDUCTS NEW WORK TO BE UNDERTAKEN IN UNEXPLORED REMOTE
 SENSING AREAS WHERE LITTLE OR NO THEORY EXISTS TO GUIDE FUTURE
 DEVELOPMENT OR WHERE NEW TECHNIQUES AND APPROACHES NEED TO BE DEVISED.
 HE IMPLEMENTS AND MANAGES HIGH PRIORITY PROGRAMS AND TECHNICALLY DIRECTS
 THE WORK OF OTHERS TO INSURE THAT PLANNED PROGRAMS ARE ACCOMPLISHED
 CONSISTENT WITH PROGRAM OBJECTIVES.  HE IS RECOGNIZED AS AN
 INTERNATIONAL EXPERT ON REMOTE SENSING TECHNOLOGY AND SERVES AS A
 TECHNICAL REPRESENTATIVE FOR THE COAST GUARD, OTHER GOVERNMENT AGENCIES,
 INDUSTRY, FOREIGN GOVERNMENTS, AND INTERNATIONAL ORGANIZATIONS AND
 VARIOUS NATIONAL AND INTERNATIONAL COMMITTEES RELATED THERETO.  HE
 SERVES AS CHAIRMAN OF AN INTERNATIONAL WORKING GROUP CONSISTING OF
 REPRESENTATIVES FROM EIGHT COUNTRIES, WHOSE FUNCTION IS TO DEVELOP
 POLICY RECOMMENDATIONS WITH REGARD TO THE REMOTE SENSING OF OIL
 POLLUTION IN THE OCEANS.  THE RECORD FURTHER INDICATES THAT THE
 INCUMBENT REPORTS BACT TO THE ACTIVITY'S PROGRAM MANAGER, SENIOR
 TECHNOLOGY BRANCH, REGARDING WHETHER THE POLICY RECOMMENDATIONS
 DEVELOPED BY THE INTERNATIONAL WORKING GROUP ARE FEASIBLE AND WHETHER
 THEY SHOULD BE ADOPTED.  THE INCUMBENT'S RECOMMENDATIONS ON THESE
 MATTERS USUALLY ARE ACCEPTED.
 
    BASED ON THE FOREGOING, THE AUTHORITY FINDS THAT THE ELECTRONICS
 ENGINEER, GS-855-13, JOB NUMBER 62-3008, IS A MANAGEMENT OFFICIAL WITHIN
 THE MEANING OF SECTION 7103(-)(11) OF THE STATUTE, AS INTERPRETED BY THE
 AUTHORITY IN DEPARTMENT OF THE NAVY, AUTOMATIC DATA PROCESSING SELECTION
 OFFICE, SUPRA. THUS, WHILE THE INCUMBENT OF THE FOREGOING POSITION DOES
 NOT FALL WITHIN THE FIRST TWO CATEGORIES OF MANAGEMENT OFFICIAL UNDER
 THE AUTHORITY'S INTERPRETATION OF THAT DEFINITION IN THAT HE NEITHER (1)
 CREATES, ESTABLISHES OR PRESCRIBES NOR (2) DECIDES OR SETTLES UPON
 MANAGEMENT'S GENERAL PRINCIPLES, PLANS OR COURSES OF ACTION, HE DOES
 "BRING ABOUT OR OBTAIN A RESULT AS TO THE ADOPTION OF . . . PLANS OR
 COURSES OF ACTION" FOR THE ACTIVITY WITH RESPECT TO REMOTE SENSING
 PROGRAMS AND H TECHNOLOGY.  IN THIS REGARD, HIS ROLE EXTENDS BEYOND THAT
 OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION WITH RESPECT
 TO POLICIES, TO THE POINT OF EFFECTIVE PARTICIPATION IN THE ULTIMATE
 DETERMINATION AS TO WHAT THE ACTIVITY'S POLICIES IN FACT WILL BE
 REGARDING REMOTE SENSING PROGRAMS AND TECHNOLOGY, AMONG OTHER MATTERS.
 ACCORDINGLY, JOB NUMBER 62-3008, ELECTRONICS ENGINEER, GS-855-13, MUST
 BE EXCLUDED FROM THE EXCLUSIVELY RECOGNIZED UNIT.
 
    JOB NUMBER 62-3047, PROGRAM ANALYST, GS-345-14
 
    THE RECORD INDICATES THAT THE INCUMBENT IN THIS POSITION, JULIUS
 FELDMAN, SERVES AS THE ASSISTANT FOR PLANNING ON THE PLANS AND
 EVALUATION STAFF WITHIN THE OFFICE OF RESEARCH AND DEVELOPMENT.  HE IS
 RESPONSIBL