Army Operational Test and Evaluation Agency (Activity) and National Federation of Federal Employees, Local 1975, Independent (Petitioner)



[ v08 p341 ]
08:0341(74)RO
The decision of the Authority follows:


 8 FLRA No. 74
 
 U.S. ARMY OPERATIONAL
 TEST AND EVALUATION AGENCY
 Activity
 
 and
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 1975, INDEPENDENT
 Petitioner
 
                                            Case No. 3-RO-60
 
                    DECISION AND DIRECTION OF ELECTION
 
    UPON A PETITION DULY FILED 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, INCLUDING BRIEFS FILED BY THE
 PARTIES, THE AUTHORITY FINDS:  THE NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 1975, INDEPENDENT (NFFE) SEEKS TO REPRESENT A UNIT OF
 CURRENTLY UNREPRESENTED PROFESSIONAL EMPLOYEES AT THE U.S. ARMY
 OPERATIONAL TEST AND EVALUATION AGENCY (ACTIVITY).  THE PARTIES
 STIPULATED AND THE AUTHORITY FINDS THAT THE FOLLOWING CONSTITUTES AN
 APPROPRIATE UNIT WITHIN THE MEANING OF SECTION 7112 OF THE STATUTE:
 
    ALL PROFESSIONAL EMPLOYEES OF THE U.S. ARMY OPERATIONAL TEST AND
 EVALUATION AGENCY,
 
    EXCLUDING NONPROFESSIONAL EMPLOYEES, MANAGERS, SUPERVISORS,
 CONFIDENTIAL EMPLOYEES AND
 
    EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY
 CLERICAL CAPACITY.
 
    THE ACTIVITY IS A FIELD OPERATING AGENCY OF THE CHIEF OF STAFF OF THE
 ARMY, RESPONSIBLE FOR SUPPORTING THE ARMY'S MATERIEL ACQUISITION AND
 FORCE DEVELOPMENT PROCESSES THROUGH OVERALL MANAGEMENT OF THE ARMY'S
 TEST PROGRAM.  THE ACTIVITY MANAGES TESTING FOR THE DEPARTMENT OF THE
 ARMY TO DETERMINE THE OPERATIONAL EFFECTIVENESS AND SUITABILITY OF A
 MATERIEL SYSTEM.
 
    AT ISSUE HEREIN ARE 15 POSITIONS (CURRENTLY WITH 13 INCUMBENTS) WHICH
 THE ACTIVITY SEEKS TO EXCLUDE FROM THE BARGAINING UNIT AS MANAGEMENT
 OFFICIALS BECAUSE THEY "FORMULATE, DETERMINE, OR INFLUENCE THE POLICIES
 OF THE AGENCY" WITHIN THE MEANING OF SECTION 7103(A)(11) OF THE STATUTE.
  /1/ IN DEPARTMENT OF THE NAVY, AUTOMATIC DATA PROCESSING SELECTION
 OFFICE, 7 FLRA NO. 24 (1981), THE AUTHORITY INTERPRETED THE DEFINITION
 OF MANAGEMENT OFFICIAL IN SECTION 7103 OF THE STATUTE, 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 AUTHORITY WILL NOW APPLY THESE CRITERIA TO THE DISPUTED
 POSITIONS HEREIN.
 
    JOB NUMBER 22643, GENERAL ENGINEERS, GS-801-13
 
    THE AUTHORITY FINDS THAT THE GENERAL ENGINEER, GS-801-13, 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 PLANNING,
 DIRECTING AND EVALUATING HIGHLY SPECIALIZED INSTRUMENTATION FOR TEST
 PROGRAMS.  IN THIS REGARD, HIS DUTIES, INCLUDING WHEN HE ACTS AS A
 PROJECT LEADER AND WHEN HE REPRESENTS THE ACTIVITY IN MEETINGS WITH
 OTHER AGENCIES, ARE LIMITED TO USING HIS TECHNICAL EXPERTISE CONCERNING
 ALL PHASES OF INSTRUMENTATION.  ANY RECOMMENDATIONS HE MAKES WITH
 RESPECT TO TECHNICAL CHANGES IN AGENCY POLICIES ARE BASED ON HIS
 TECHNICAL EXPERTISE IN SPECIFIC PROGRAMS FOR WHICH HE IS RESPONSIBLE,
 AND THE RECOMMENDATIONS ARE SUBJECT TO FINAL APPROVAL BY HIGHER LEVEL
 MANAGEMENT.  BASED ON THE FOREGOING, THE AUTHORITY CONCLUDES THAT JOB
 NUMBER 22643, GENERAL ENGINEER, GS-801-13, SHOULD BE INCLUDED IN THE
 EXCLUSIVELY RECOGNIZED UNIT.
 
    JOB NUMBER 21182, ELECTRONICS ENGINEER, GS-855-13
 
    THE AUTHORITY FINDS THAT THE ELECTRONICS ENGINEER, GS-855-13, 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 ELECTRONIC
 SYSTEMS AND EQUIPMENT.  IN THIS REGARD, HIS DUTIES, INCLUDING WHEN HE
 ACTS AS A PROJECT LEADER AND WHEN HE REPRESENTS THE ACTIVITY IN MEETINGS
 WITH OTHER AGENCIES, ARE LIMITED TO USING HIS TECHNICAL EXPERTISE IN THE
 AREAS OF THE TESTING PROGRAM CONCERNING ASPECTS OF ELECTRONIC
 ENGINEERING.  ANY RECOMMENDATIONS HE MAKES WITH RESPECT TO TECHNICAL
 CHANGES IN AGENCY POLICIES ARE BASED ON HIS TECHNICAL EXPERTISE IN ALL
 AREAS CONCERNING THE INSTRUMENTATION OF ELECTRONIC PROJECTS TO WHICH HE
 HAS BEEN ASSIGNED.  ACCORDINGLY, THE AUTHORITY CONCLUDES THAT JOB NUMBER
 21182, ELECTRONICS ENGINEER, GS-855-13, SHOULD BE INCLUDED IN THE
 EXCLUSIVELY RECOGNIZED UNIT.
 
    JOB NUMBER 60437, GENERAL ENGINEER, GS-801-13
 
    THE AUTHORITY FINDS THAT THE GENERAL ENGINEER, GS-801-13, 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 CONSIST OF IMPLEMENTING, AS
 OPPOSED TO SHAPING, THE ACTIVITY'S POLICIES IN THE AREA OF METHODOLOGY
 CONCERNING RELIABILITY, AVAILABILITY, AND MAINTAINABILITY ENGINEERING.
 IN THIS REGARD, HIS DUTIES, INCLUDING WHEN HE ACTS AS A PROJECT LEADER
 AND WHEN HE REPRESENTS THE ACTIVITY IN MEETINGS WITH OTHER AGENCIES, ARE
 LIMITED TO USING HIS TECHNICAL EXPERTISE IN THE AREA OF ARMY AND
 DEPARTMENT OF DEFENSE REGULATIONS, PROCEDURES AND PLANS COVERING
 TESTING.  THESE REGULATIONS, PROCEDURES AND PLANS ARE REVIEWED AND
 INTERPRETED BY HIM FOR SCIENTIFIC AND TECHNICAL IMPLICATIONS CONCERNING
 THE ACTIVITY'S MISSION.  ALTHOUGH HIS RECOMMENDATIONS ON THESE MATTERS
 USUALLY HAVE BEEN ACCEPTED WITH MODIFICATIONS BY HIGHER LEVEL
 MANAGEMENT, THE AUTHORITY CONCLUDES THAT JOB NUMBER 60437, GENERAL
 ENGINEER, GS-801-13, SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED
 UNIT.
 
    JOB NUMBER 60428, GENERAL ENGINEER, GS-801-13
 
    THE AUTHORITY FINDS THAT THE GENERAL ENGINEER, GS-801-13, 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 RELIABILITY,
 AVAILABILITY AND MAINTAINABILITY ENGINEERING AS RELATED TO OPERATIONAL
 TESTING AND EVALUATION OF MAJOR AND DESIGNATED NON-MAJOR SYSTEMS
 ASSIGNED TO THE ACTIVITY.  IN THIS REGARD, HIS DUTIES, INCLUDING WHEN HE
 ACTS AS A PROJECT LEADER AND WHEN HE REPRESENTS THE ACTIVITY IN MEETINGS
 WITH OTHER AGENCIES, ARE LIMITED TO HIS USING TECHNICAL EXPERTISE AND
 SPECIALIZATION IN THE AREA OF DEVELOPING PROCEDURES AND IMPROVING
 TECHNOLOGY IN THE ACTIVITY'S METHODOLOGY SECTION.  THIS INCLUDES MAKING
 RECOMMENDATIONS AS AN EXPERT WITH REGARD TO PROCEDURES, POLICY AND
 REGULATIONS IN HIS SPECIALIZED AREA OF RELIABILITY, AVAILABILITY AND
 MAINTAINABILITY.  ACCORDINGLY, THE AUTHORITY CONCLUDES THAT JOB NUMBER
 60428, GENERAL ENGINEER, GS-801-13, SHOULD BE INCLUDED IN THE
 EXCLUSIVELY RECOGNIZED UNIT.
 
    JOB NUMBER 60925, OPERATIONS RESEARCH ANALYST, GS-1515-13
 
    THE AUTHORITY FINDS THAT THE OPERATIONS RESEARCH ANALYST, GS-1515-13,
 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 QUALITY CONTROL OF DATA COLLECTED DURING TESTING.  IN THIS REGARD,
 T