08:0691(119)CU - Pennsylvania Army NG and Pennsylvania State Council, ACT, Inc.; Pennsylvania Army NG and Pennsylvania State Council, ACT, Inc. -- 1982 FLRAdec RP



[ v08 p691 ]
08:0691(119)CU
The decision of the Authority follows:


 8 FLRA No. 119
 
 PENNSYLVANIA ARMY NATIONAL GUARD
 Activity
 
 and
                                            Case No. 3-CU-16
 
 PENNSYLVANIA STATE COUNCIL,
 ASSOCIATION OF CIVILIAN TECHNICIANS, INC.
 Petitioner/Labor Organization
 
 
 PENNSYLVANIA AIR NATIONAL GUARD
 Activity
 
 and
                                            Case No. 3-CU-17
 
 PENNSYLVANIA STATE COUNCIL,
 ASSOCIATION OF CIVILIAN TECHNICIANS, INC.
 Petitioner/Labor Organization
 
                    DECISION AND ORDER CLARIFYING UNITS
 
    UPON PETITIONS DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
 UNDER SECTION 7111(B)(2) OF THE FEDERAL SERVICE LABOR-MANAGEMENT
 RELATIONS STATUTE (THE STATUTE), A CONSOLIDATED 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, /1/ INCLUDING THE BRIEFS FILED
 BY THE PARTIES, THE AUTHORITY FINDS:  /2/
 
    CONFIDENTIAL EMPLOYEES /3/
 
    POSITION NO. R7715000, GS-0202-05, PERSONNEL CLERK (TYPING), TPO
 
    THE AUTHORITY FINDS THAT THE INCUMBENT IN THIS POSITION HANDLES ALL
 CORRESPONDENCE ON A CONFIDENTIAL BASIS FOR THE ACTIVITIES' LABOR
 RELATIONS SPECIALIST, WHO FORMULATES OR EFFECTUATES MANAGEMENT POLICIES
 IN THE FIELD OF LABOR-MANAGEMENT RELATIONS.  ACCORDINGLY, THE AUTHORITY
 FINDS THE INCUMBENT IS A CONFIDENTIAL EMPLOYEE WITHIN THE MEANING OF
 SECTION 7103(A)(13) OF THE STATUTE AND MUST BE EXCLUDED FROM THE
 BARGAINING UNIT.
 
    POSITION NO. F7056000, GS-0322-04, CLERK-TYPIST
 
    AT THE HEARING, THE PARTIES STIPULATED THAT THE DUTIES PERFORMED BY
 THE INCUMBENT IN THIS POSITION ARE PURELY CLERICAL IN SUPPORT OF THE
 EQUAL EMPLOYMENT OPPORTUNITY OFFICER.  THIS OFFICER ROUTINELY HANDLES
 CONFIDENTIAL PERSONNEL MATTERS IN SUPPORT OF THE NATIONAL GUARD BUREAU'S
 EQUAL EMPLOYMENT OPPORTUNITY PROGRAM AT THE STATE LEVEL.  IN FINDING
 THAT THE INCUMBENT IS NOT A CONFIDENTIAL EMPLOYEE WITHIN THE MEANING OF
 SECTION 7103(A)(13) OF THE STATUTE, THE AUTHORITY NOTES THAT THE RECORD
 DOES NOT REFLECT THAT THE EQUAL EMPLOYMENT OPPORTUNITY OFFICER IS AN
 INDIVIDUAL WHO FORMULATES OR EFFECTUATES MANAGEMENT POLICIES IN THE
 FIELD OF LABOR-MANAGEMENT RELATIONS.  SEE HEADQUARTERS, FORT SAM
 HOUSTON, 5 FLRA NO. 46(1981).  ACCORDINGLY, THE AUTHORITY SHALL ORDER
 THAT THE INCUMBENT IN THIS POSITION BE INCLUDED IN THE BARGAINING UNIT.
 
    POSITION NO. F7015000, GS-0301-08, ADMINISTRATIVE TECHNICIAN
 
    THE INCUMBENTS IN THIS POSITION ARE IN FOUR DIFFERENT LOCATIONS OF
 THE ACTIVITY.  THE AUTHORITY FINDS THAT THESE INCUMBENTS ARE NOT
 CONFIDENTIAL EMPLOYEES WITHIN THE MEANING OF THE STATUTE.  WHILE THEY
 COORDINATE PERSONNEL MATTERS IN CERTAIN AREAS SUCH AS TRAINING, ACTUALLY
 DRAFT CERTAIN PROGRAMS WITH REGARD TO FIRE SAFETY AND CLASSIFIED
 INFORMATION, AND ACT CLOSELY WITH THE BASE DETACHMENT COMMANDER, SUCH
 FUNCTIONS ARE STRICTLY ADMINISTRATIVE IN NATURE.  THE RECORD DOES NOT
 ESTABLISH THAT THEY ACT IN A CONFIDENTIAL CAPACITY TO ANY INDIVIDUAL WHO
 FORMULATES OR EFFECTUATES MANAGEMENT POLICIES IN THE FIELD OF
 LABOR-MANAGEMENT RELATIONS.  ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT
 THE INCUMBENTS IN THIS POSITION BE INCLUDED IN THE BARGAINING UNIT.
 
    PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY /4/
 
    EMPLOYEES IN THREE JOB CLASSIFICATIONS ARE SOUGHT TO BE EXCLUDED ON
 THE BASIS OF SECTION 7112(B)(3) OF THE STATUTE AS BEING ENGAGED IN
 PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY.
 
    POSITION NO. R7712000, GS-0203-05, PERSONNEL CLERK (TYPING),
 PERSONNEL MANAGEMENT SECTION, TOP
 
    THE INCUMBENT IN THIS POSITION TYPES AND MAINTAINS THE RECORDS OF
 EMPLOYEE TRAINING REQUESTS AND CLASSIFICATION APPEALS, AND IN THE
 ABSENCE OF SUPERVISORY PERSONNEL HAS OCCASIONALLY ANSWERED ROUTINE
 QUESTIONS OF PROSPECTIVE JOB APPLICANTS.  ACCORDINGLY, THE AUTHORITY
 FINDS THAT THE INCUMBENT'S PERSONNEL FUNCTIONS ARE PURELY CLERICAL IN
 NATURE AND SHALL ORDER THAT THAT POSITION BE INCLUDED IN THE BARGAINING
 UNIT.
 
    POSITION NO. R7713000, GS-0203-05, PERSONNEL CLERK (TYPING), EMPLOYEE
 SERVICES SECTION, TPO
 
    THE INCUMBENT IN THIS POSITION TYPES PERSONNEL REPORTS, TYPES
 CORRESPONDENCE AND MAINTAINS RECORDS REGARDING PAY INCREASES,
 SUSPENSIONS AND TRANSFERS, AND CONFIRMS CITATIONS TO THE FEDERAL
 PERSONNEL MANUAL.  ACCORDINGLY, THE AUTHORITY FINDS THAT THE INCUMBENT'S
 PERSONNEL FUNCTIONS ARE PURELY CLERICAL IN NATURE AND SHALL ORDER THAT
 THAT POSITION BE INCLUDED IN THE BARGAINING UNIT.
 
    POSITION NO. R771100, GS-0203-06, PERSONNEL ASSISTANT
 (ADMINISTRATIVE), EMPLOYEE SERVICES SECTION, TPO
 
    THE TWO INCUMBENTS IN THIS POSITION PROCESS THE PAPER WORK ALREADY
 COMPLETED BY THEIR SUPERVISORS WITH REGARD TO PERSONNEL ACTIONS SUCH AS
 PROMOTIONS, REASSIGNMENTS, PAY ADJUSTMENTS AND RETIREMENT REQUESTS, AND
 CONFIRM CITATIONS TO THE FEDERAL PERSONNEL MANUAL.  ACCORDINGLY, THE
 AUTHORITY FINDS THE INCUMBENTS' PERSONNEL FUNCTIONS ARE PURELY CLERICAL
 IN NATURE AND SHALL ORDER THAT THAT POSITION BE INCLUDED IN THE
 BARGAINING UNIT.
 
    SUPERVISORS AND/OR MANAGEMENT OFFICIALS /5/
 
    THE ACTIVITY CONTENDS THAT THE INCUMBENTS IN ALL OF THE FOLLOWING
 POSITIONS ARE EITHER SUPERVISORS OR MANAGEMENT OFFICIALS WITHIN THE
 MEANING OF THE STATUTE.  IN THE LEAD CASE OF DEPARTMENT OF THE NAVY,
 AUTOMATIC DATA PROCESSING SELECTION OFFICE, 7 FLRA NO. 24(1981), THE
 AUTHORITY INTERPRETED THE DEFINITION OF MANAGEMENT OFFICIAL 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.
 
    POSITION NO. R6343000, WG-5801-10, GENERAL MECHANIC
 
    THE POSITION IS LOCATED IN FOUR DIFFERENT ORGANIZATIONAL MAINTENANCE
 SHOPS WITHIN THE STATE MAINTENANCE OFFICE.  THE AUTHORITY FINDS THAT THE
 INCUMBENTS, WHO ESTABLISH THE MONTHLY WORK SCHEDULES AND ASSIGNMENT OF
 WORK TO AT LEAST TWO OTHER MECHANICS, AND WHO SPEND NINETY PERCENT OF
 THEIR TIME ENGAGED IN THESE AND ALL THE ADMINISTRATIVE WORK OF THE
 MAINTENANCE SHOP, ARE SUPERVISORS WITHIN THE MEANING OF THE STATUTE AND,
 THEREFORE, MUST BE EXCLUDED FROM THE BARGAINING UNIT.  IN VIEW OF SUCH
 FINDING, IT IS CONSIDERED UNNECESSARY TO PASS UPON THE ACTIVITY'S
 ADDITIONAL CONTENTION THAT THE INCUMBENTS IN THIS POSITION ARE
 MANAGEMENT OFFICIALS WITHIN THE MEANING OF THE STATUTE.
 
    POSITION NO. R7629000, GS-2005-07, SUPPLY TECHNICIAN, STOCK CONTROL
 BRANCH, LOGISTICS DIVISION
 
    THE AUTHORITY FINDS THAT THE TWO INCUMBENTS IN THESE POSITIONS WHOSE
 DUTIES REVOLVE AROUND THE PROCESSING OF REQUESTS FOR SUPPLIES FROM
 AVAILABLE INVENTORY, AND WHO ONLY OCCASIONALLY SHIFT WORK WITH REGARD TO
 MINOR MATTERS, AND ONLY THEN WITH THE AGREEMENT OF THEIR SUPERVISORS,
 ARE NOT SUPERVISORS WITHIN THE MEANING OF THE STATUTE, AS THEIR WORK IN
 THIS CONNECTION DOES NOT REQUIRE THE CONSISTENT EXERCISE OF INDEPENDENT
 JUDGMENT.  FURTHER, THE AUTHORITY FINDS THE INCUMBENTS ARE NOT
 MANAGEMENT OFFICIALS WITHIN THE MEANING OF THE STATUTE, AS THEY DO NOT
 FORMULATE, DETERMINE OR INFLUENCE THE POLICIES OF THE AGENCY WITHIN THE
 MEANING OF SECTION 7103(A)(11) OF THE STATUTE AS THOSE TERMS ARE
 INTERPRETED BY THE AUTHORITY.  ACCORDINGLY, THE AUTHORITY SHALL ORDER
 THAT THAT POSITION BE INCLUDED IN THE BARGAINING UNIT.
 
    POSITION NO. R0261000, GS-2181-12, FLIGHT INSTRUCTOR (AIRCRAFT)
 
    THE TEN INCUMBENTS IN THIS POSITION ARE LOCATED AT FORT INDIANTOWN
 GAP AND FORT WASHINGTON, PENNSYLVANIA.  THE AUTHORITY FINDS THAT THE
 INCUMBENTS IN THIS POSITION, WHOSE DUTIES INCLUDE SERVING ONCE,
 APPROXIMATELY EVERY SEVEN WEEKS, AS ACTING FACILITY COMMANDER (AFC), AND
 THE EVALUATION OF AVIATORS, BUT ONLY WITH REGARD TO THE COMPLETION OF
 FUNCTIONS UNDER ALREADY ESTABLISHED SCHEDULES AND INSTRUCTIONS, ARE NOT
 SUPERVISORS WITHIN THE MEANING OF THE STATUTE, AS THEIR WORK DOES NOT
 REQUIRE THE CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT.  FURTHER, THE
 AUTHORITY FINDS THE INCUMBENTS ARE NOT MANAGEMENT OFFICIALS, AS THEY DO
 NOT FORMULATE, DETERMINE OR INFLUENCE THE POLICIES OF THE AGENCY WITHIN
 THE MEANING OF THE STATUTE.  ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT
 THIS POSITION BE INCLUDED IN THE BARGAINING UNIT.
 
    POSITION NO. F143000, GS-2181-13, FLIGHT INSTRUCTOR (FIXED WING)
 
    THE AUTHORITY FINDS THAT THE THIRTEEN INCUMBENTS IN THIS POSITION,
 WHO INSTRUCT PERSONNEL IN THE AIR NATIONAL GUARD FLYING UNIT, AND
 OCCASIONALLY SERVE IN THE PLACE OF A SUPERIOR WHOSE FUNCTION IS THE
 DEVELOPMENT OF THE GROUND AND AIR TRAINING PROGRAM, AND WHO NONETHELESS
 SPEND APPROXIMATELY EIGHTY PERCENT OF THEIR TIME PERFORMING
 SUBSTANTIALLY THE SAME DUTIES AS TECHNICIANS, ARE NOT SUPERVISORS WITHIN
 THE MEANING OF THE STATUTE, AS THEIR WORK DOES NOT REQUIRE THE
 CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT.  FURTHER, THE AUTHORITY
 FINDS THE INCUMBENTS ARE NOT MANAGEMENT OFFICIALS, AS THEY DO NOT
 FORMULATE, DETERMINE OR INFLUENCE THE POLICIES OF THE AGENCY.
 ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT THIS POSITION BE INCLUDED IN
 THE BARGAINING UNIT.
 
    POSITION NO. F1913000, GS-2181-13, FLIGHT INSTRUCTOR (FIXED WING)
 
    THE FOUR INCUMBENTS IN THIS POSITION, WHOSE DUTIES INCLUDE THE
 INSPECTION OF BASE OPERATIONS TO INSURE COMPLIANCE WITH SAFETY
 REGULATIONS, AND ACTING IN THE CAPACITY OF RUNWAY SUPERVISORS,
 NONETHELESS SPEND THE VAST MAJORITY OF THEIR TIME PERFORMING
 SUBSTANTIALLY THE SAME DUTIES AS THOSE IN THE SAME FLYING UNIT.  AS
 THEIR ALLEGED SUPERVISORY FUNCTIONS ARE ROUTINE IN NATURE, ARE SUBJECT
 TO OVERALL SUPERVISION, AND DO NOT REQUIRE THE CONSISTENT EXERCISE OF
 INDEPENDENT JUDGMENT, THE AUTHORITY FINDS THAT SUCH INCUMBENTS ARE NOT
 SUPERVISORS WITHIN THE MEANING OF THE STATUTE.  FURTHER, IN THE ABSENCE
 OF ANY RECORD EVIDENCE TO SHOW THAT THEY FORMULATE, DETERMINE OR
 INFLUENCE THE POLICIES OF THE AGENCY, THE AUTHORITY FINDS THAT THE
 INCUMBENTS ARE NOT MANAGEMENT OFFICIALS WITHIN THE MEANING OF THE
 STATUTE.  ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT THIS POSITION BE
 INCLUDED IN THE BARGAINING UNIT.
 
    POSITION NO. F1407000, GS-2181-12, NAVIGATION (INSTRUCTOR)
 
    THE FIVE INCUMBENTS IN THIS POSITION ASSIST THE BASE COMMANDER IN
 TRAINING FLIGHTS AND POST-FLIGHT CRITIQUE, AND OCCASIONALLY SERVE IN THE
 PLACE OF THE FLYING SUPERVISOR.  AS THESE FUNCTIONS ARE ROUTINE IN
 NATURE, SUBJECT TO CLOSE SUPERVISION, AND DO NOT REQUIRE THE CONSISTENT
 EXERCISE OF INDEPENDENT JUDGMENT, THE AUTHORITY FINDS THAT THE
 INCUMBENTS ARE NOT SUPERVISORS WITHIN THE MEANING OF THE STATUTE.
 FURTHER, IN THE ABSENCE OF ANY RECORD EVIDENCE TO SHOW THAT THEY
 FORMULATE, DETERMINE OR INFLUENCE THE POLICIES OF THE AGENCY, THE
 AUTHORITY FINDS THAT THE INCUMBENTS ARE NOT MANAGEMENT OFFICIALS WITHIN
 THE MEANING OF THE STATUTE.  ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT
 THAT POSITION BE INCLUDED IN THE BARGAINING UNIT.
 
    POSITION NO. F75-7100, GS-1702-08, TRAINING TECHNICIAN
 
    THE INCUMBENTS IN THIS POSITION ARE ENGAGED SOLELY IN THE DEVELOPMENT
 OF TRAINING REGULATIONS FOR APPROVAL OF VARIOUS LEVELS OF SUPERVISION
 ABOVE THEM, AND TWICE YEARLY THEY "INSPECT" THE PROGRAMS FOR COMPLIANCE.
  THE AUTHORITY FINDS THAT THE INCUMBENTS IN THIS POSITION ARE NEITHER
 SUPERVISORS NOR MANAGEMENT OFFICIALS WITHIN THE MEANING OF THE STATUTE,
 AS THEIR DUTIES DO NOT REQUIRE THE CONSISTENT EXERCISE OF INDEPENDENT
 JUDGMENT, NOR DO THEY FORMULATE, DETERMINE OR INFLUENCE THE POLICIES OF
 THE AGENCY IN THE PERFORMANCE OF THESE FUNCTIONS.  ACCORDINGLY, THE
 AUTHORITY SHALL ORDER THAT THAT POSITION BE INCLUDED IN THE BARGAINING
 UNIT.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE UNITS SOUGHT TO BE CLARIFIED HEREIN,
 FOR WHICH THE PENNSYLVANIA STATE COUNCIL, ASSOCIATION OF CIVILIAN
 TECHNICIANS, INC., WAS PREVIOUSLY CERTIFIED AS EXCLUSIVE REPRESENTATIVE
 BE, AND THEY HEREBY ARE, CLARIFIED AS FOLLOWS:
 
    1.  THE EXCLUSIVELY RECOGNIZED UNIT OF THE PENNSYLVANIA ARMY NATIONAL
 GUARD IS CLARIFIED BY INCLUDING IN SAID UNIT INCUMBENTS IN POSITION NO.
 R7712000, GS-0203-05, PERSONNEL CLERK (TYPING), MANAGEMENT SECTION, TPO;
  POSITION NO. R7713000, GS-0203-05, PERSONNEL CLERK (TYPING), EMPLOYEE
 SERVICES SECTION;  POSITION NO. R7711000, GS-0203-06, PERSONNEL
 ASSISTANT (ADMINISTRATIVE), EMPLOYEE SERVICES SECTION, TPO;  POSITION
 NO. R7629000, GS-20005-07, SUPPLY TECHNICIAN, STOCK CONTROL BRANCH,
 LOGISTICS DIVISION;  AND POSITION NO. R0261000, GS-2181-12, FLIGHT
 INSTRUCTOR (AIRCRAFT).
 
    2.  THE EXCLUSIVELY RECOGNIZED UNIT OF THE PENNSYLVANIA AIR NATIONAL
 GUARD IS CLARIFIED BY INCLUDING IN SAID UNIT INCUMBENTS IN POSITION NO.
 F7505100, GS-1702-08, TRAINING TECHNICIAN;  POSITION NO. F140000,
 GS-2181-13, FLIGHT INSTRUCTOR (FIXED WING);  POSITION NO. F1913000,
 GS-2181-13, FLIGHT INSTRUCTOR (FIXED WING);  POSITION NO. F1407000,
 GS-2181-12, NAVIGATION (INSTRUCTOR);  POSITION NO. F7056000, GS-0322-04,
 CLERK-TYPIST;  AND POSITION NO. F7015000, GS-0301-08, ADMINISTRATIVE
 TECHNICIAN.
 
    IT IS HEREBY FURTHER ORDERED THAT, WITH RESPECT TO ALL OTHER
 POSITIONS SOUGHT TO BE INCLUDED, BUT WHICH THE AUTHORITY HAS FOUND MUST
 BE EXCLUDED FROM THE BARGAINING UNITS, THE PETITIONS IN CASE NOS.
 3-CU-16 AND 3-CU-17 BE, AND THEY HEREBY