Defense Communication Agency, Defense Commercial Communications Office, Scott Air Force Base, Illinois (Activity) and National Association of Government Employees, Local R7-23 (Labor Organization/Petitioner)

 



[ v08 p273 ]
08:0273(64)CU
The decision of the Authority follows:


 8 FLRA No. 64
 
 DEFENSE COMMUNICATIONS AGENCY
 DEFENSE COMMERCIAL COMMUNICATIONS
 OFFICE, SCOTT AIR FORCE BASE,
 ILLINOIS
 Activity
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCAL R7-23
 Labor Orgnization/Petitioner
 
                                            Case No. 5-CU-23
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    UPON A PETITION DULY FILED UNDER SECTION 7111(B)(1) 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, INCLUDING THE ACTIVITY'S BRIEF,
 THE AUTHORITY FINDS:  THE LABOR ORGANIZATION FILED THE INSTANT PETITION
 SEEKING A CLARIFICATION OF STATUS OF NON-SUPERVISORY GS-13, 14 AND 15
 EMPLOYEES OF THE ACTIVITY.  /1/ THE ACTIVITY'S POSITION IS THAT ALL SUCH
 EMPLOYEES ARE MANAGEMENT OFFICIALS AND ARE THUS EXCLUDED FROM THE
 EXISTING EXCLUSIVELY RECOGNIZED UNIT UNDER SECTION 7103(A)(11).  /2/
 
    THE ACTIVITY, THE DEFENSE COMMERCIAL COMMUNICATIONS OFFICE (DECCO),
 IS A FIELD ACTIVITY OF THE DEFENSE COMMUNICATIONS AGENCY.  THE BASIC
 MISSION OF DECCO IS TO PROCURE, PAY AND ACCOUNT FOR LONG-LINE CIRCUITS,
 COMMUNICATION CIRCUITS AND THE FACILITIES AND EQUIPMENT THAT ARE
 APPLICABLE TO SUCH CIRCUITS FOR THE DEPARTMENT OF DEFENSE, THE ARMY, THE
 NAVY, THE AIR FORCE, THE MARINES, AND THE FEDERAL AVIATION
 ADMINISTRATION, AS WELL AS SOME SMALLER AGENCIES WHEN SO DESIGNATED BY
 THE SECRETARY OF DEFENSE.
 
    THE QUESTION IS WHETHER THE DUTIES AND RESPONSIBILITIES OF THE
 INCUMBENTS OF THE THREE POSITIONS AT ISSUE ARE THOSE OF MANAGEMENT
 OFFICIALS WITHIN THE MEANING OF SECTION 7103(A)(11) OF THE STATUTE.  THE
 AUTHORITY HAS HELD THAT MANAGEMENT OFFICIALS ARE 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.  DEPARTMENT OF THE NAVY, AUTOMATIC
 DATA PROCESSING SELECTION OFFICE, 7 FLRA NO. 24 (1981).
 
    SENIOR CIVILIAN ADVISOR, PUBLIC UTILITIES OFFICER, GS-15-1130
 
    THE AUTHORITY FINDS THAT THE SENIOR CIVILIAN ADVISOR, PUBLIC
 UTILITIES OFFICER, GS-15-1139, IS A MANAGEMENT OFFICIAL WITHIN THE
 MEANING OF SECTION 7103(A)(11) OF THE STATUTE, IN THAT HE BRINGS ABOUT
 OR OBTAINS A RESULT AS TO THE ADOPTION OF PLANS OR COURSES OF ACTION FOR
 THE ACTIVITY WITH RESPECT TO OVERALL OPERATIONAL AND ADMINISTRATIVE
 PROBLEMS, AND PERSONNEL MATTERS.  IN THIS REGARD, HIS ROLE EXTENDS
 BEYOND THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION
 WITH RESPECT TO POLICIES, TO THE POINT OF ACTIVE PARTICIPATION IN THE
 ULTIMATE DETERMINATION AS TO WHAT THE ACTIVITY'S POLICIES IN FACT WILL
 BE REGARDING ITS OVERALL OPERATION AND ADMINISTRATION, AMONG OTHER
 MATTERS.  ACCORDINGLY, THE SENIOR CIVILIAN ADVISOR, PUBLIC UTILITIES
 OFFICER, GS-15-1130, MUST BE EXCLUDED FROM THE EXCLUSIVELY RECOGNIZED
 UNIT.
 
    COMPUTER SPECIALIST (DATA BASE ADMINISTRATOR), GS-13-0334
 
    THE AUTHORITY FINDS THAT THE COMPUTER SPECIALIST (DATA BASE
 ADMINISTRATOR), GS-13-0334, IS NOT A MANAGEMENT OFFICIAL INASMUCH AS HE
 DOES NOT "FORMULATE, DETERMINE, OR INFLUENCE THE POLICIES OF THE AGENCY"
 WITHIN THE MEANING OF SECTION 7103(A)(11) OF THE STATUTE.  RATHER, THE
 INDIVIDUAL IN THIS POSITION IS AN EXPERT OR PROFESSIONAL WHOSE ACTIONS
 ASSIST IN IMPLEMENTING, AS OPPOSED TO SHAPING, THE ACTIVITY'S POLICIES
 IN THE AREAS OF DATA BASE INFORMATION MANAGEMENT AND CONCEPTS, AS WELL
 AS, THE SECURITY OF SUCH INFORMATION.  IN THIS REGARD, THE ROLE OF THE
 INCUMBENT IS LIMITED TO DEVELOPMENT OF SUCH DATA BASE INFORMATION AND
 ITS MANAGEMENT IN SUPPORT OF THE ACTIVITY'S PROGRAM EFFORTS, BUT DOES
 NOT EXTEND BEYOND THAT POINT OF CREATING, SETTLING UPON OR BRINGING
 ABOUT THE ACTIVITY'S POLICY DETERMINATIONS IN ANY OF THESE AREAS.
 ACCORDINGLY, THE AUTHORITY CONCLUDES THAT THE POSITION OF COMPUTER
 SPECIALIST (DATA BASE ADMINISTRATOR), GS-13-0334, SHOULD BE INCLUDED IN
 THE EXCLUSIVELY RECOGNIZED UNIT.
 
    PUBLIC UTILITIES RATES AND TARIFFS SPECIALIST, GS-14-1130
 
    THE AUTHORITY FINDS THAT THE INCUMBENT OF THIS POSITION IS NOT A
 MANAGEMENT OFFICIAL INASMUCH AS HE DOES NOT "FORMULATE, DETERMINE, OR
 INFLUENCE THE POLICIES OF THE AGENCY" WITHIN THE MEANING OF SECTION
 7103(A)(11) OF THE STATUTE.  RATHER, THE INDIVIDUAL IN THIS POSITION IS
 AN EXPERT OR PROFESSIONAL WHOSE ACTIONS ASSIST IN IMPLEMENTING, AS
 OPPOSED TO SHAPING, THE ACTIVITY'S POLICIES IN THE AREA OF UTILITY RATES
 AND TARIFFS.  IN THIS REGARD, THE ROLE OF THE INCUMBENT IS LIMITED TO
 PROVIDING ASSISTANCE AND EXPERTISE AND TO OVERSEEING THE ACTIVITY'S
 OPERATIONS TO ENSURE THAT IT IS IN ACCORDANCE WITH THE FEDERAL
 COMMUNICATIONS COMMISSION'S AND DECCO'S POLICIES IN THE RATES AND
 TARIFFS AREA, BUT DOES NOT EXTEND BEYOND THAT TO A POINT OF CREATING,
 SETTLING UPON OR BRINGING ABOUT THE ACTIVITY'S POLICY DETERMINATIONS IN
 THIS AREA.  ACCORDINGLY, THE AUTHORITY CONCLUDES THAT THE POSITION OF
 PUBLIC UTILITIES RATES AND TARIFFS SPECIALIST, GS-14-1130, SHOULD BE
 INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED, IN WHICH
 THE NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCAL R7-23 WAS
 CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE ON JUNE 21, 1974, BE, AND IT
 HEREBY IS, CLARIFIED BY INCLUDING IN SAID UNIT THE POSITIONS OF COMPUTER
 SPECIALIST (DATA BASE ADMINISTRATOR), GS-13-0334, AND PUBLIC UTILITIES
 RATES AND TARIFFS SPECIALISTS, GS-14-1130, AND BY EXCLUDING FROM SAID
 UNIT THE POSITION OF SENIOR CIVILIAN ADVISOR, PUBLIC UTILITIES OFFICER,
 GS-15-1130.
 
    ISSUED, WASHINGTON, D.C., MARCH 26, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
                       HENRY B. FRAZIER III, MEMBER
                       LEON B. APPLEWHAITE, MEMBER
                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ PRIOR TO THE HEARING, THE PARTIES REACHED AGREEMENT AS TO THE
 STATUS OF ALL BUT THREE OF THE CONTESTED POSITIONS.  THUS, THE ONLY
 QUESTION BEFORE THE AUTHORITY IS THE STATUS OF THE SENIOR CIVILIAN
 ADVISOR, PUBLIC UTILITIES OFFICER, GS-15-1130;  COMPUTER SPECIALIST
 (DATA BASE ADMINISTRATOR), GS-13-0334;  AND PUBLIC UTILITIES RATES AND
 TARIFFS SPECIALIST, GS-14-1130.
 
    /2/ SECTION 7103(A)(11) OF THE STATUTE PROVIDES:
 
    (11) "MANAGEMENT OFFICIAL" MEANS AN IND