08:0758(127)CU - DOD, Army, HQ Army Armament, Materiel Readiness Command, Rock Island Arsenal, IL and Local 15, NFFE -- 1982 FLRAdec RP



[ v08 p758 ]
08:0758(127)CU
The decision of the Authority follows:


 8 FLRA No. 127
 
 DEPARTMENT OF DEFENSE
 DEPARTMENT OF THE ARMY
 HEADQUARTERS, U.S. ARMY
 ARMAMENT, MATERIEL READINESS
 COMMAND, ROCK ISLAND ARSENAL, ILLINOIS
 Activity/Petitioner
 
 and
 
 LOCAL 15, NATIONAL FEDERATION
 OF FEDERAL EMPLOYEES
 Labor Organization
 
                                            Case No. 5-CU-27
 
         DECISION AND ORDER ON PETITION FOR CLARIFICATION OF 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 HEARING OFFICER'S RULINGS MADE AT THE
 HEARING ARE FREE FROM PREJUDICIAL ERROR AND ARE HEREBY AFFIRMED.  UPON
 CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE PARTIES'
 CONTENTIONS, THE AUTHORITY FINDS:  THE ACTIVITY-PETITIONER SEEKS TO
 CLARIFY THE EXISTING ACTIVITY-WIDE UNIT REPRESENTED EXCLUSIVELY BY LOCAL
 15 OF THE NATIONAL FEDERATION OF FEDERAL EMPLOYEES BASED ON THE
 ALLEGATION THAT THEY ARE SUPERVISORS, MANAGEMENT OFFICIALS OR BOTH.
 
    SUPERVISORS /1/
 
    THE ACTIVITY CONTENDS THAT THE INCUMBENTS IN THE JOB CLASSIFICATIONS
 LISTED BY JOB NUMBER IN APPENDIX A ARE SUPERVISORS AND SHOULD BE
 EXCLUDED FROM THE UNIT.  OF THESE, THE RECORD ESTABLISHES THAT THE
 INTELLIGENCE OPERATIONS SPECIALIST (GS-132-13, JOB NO.  16-1280),
 LOGISTICS MANAGEMENT SPECIALIST (GS-346-13, JOB NO. 79-623), AND SAFETY
 SPECIALIST (GS-018-13, JOB NO. 76-1252) ARE RESPONSIBLE FOR THE
 ASSIGNMENT AND DIRECTION OF WORK OF LOWER GRADED EMPLOYEES AND THAT BOTH
 THE INTELLIGENCE OPERATIONS SPECIALIST AND LOGISTICS MANAGEMENT
 SPECIALIST HAVE SELECTED FOR HIRE CERTAIN LOWER GRADE EMPLOYEES NOW
 WORKING FOR THEM.  FURTHER, THE AUTHORITY FINDS THAT THE ABOVE DUTIES
 ARE NOT MERELY ROUTINE OR CLERICAL IN NATURE BUT REQUIRE THE CONSISTENT
 EXERCISE OF INDEPENDENT JUDGMENT.  ACCORDINGLY, THESE INCUMBENTS ARE
 SUPERVISORS WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE STATUTE.
 THEREFORE, THE AUTHORITY SHALL ORDER THAT THEY BE EXCLUDED FROM THE
 BARGAINING UNIT.  /2/
 
    THE AUTHORITY FURTHER FINDS THAT THE INCUMBENTS OF THE REMAINING JOB
 CLASSIFICATIONS LISTED IN APPENDIX A ARE NOT SUPERVISORS WITHIN THE
 MEANING OF SECTION 7103(A)(10) OF THE STATUTE.  THUS, THE RECORD
 ESTABLISHES THAT ALTHOUGH THESE INCUMBENTS, WHO SERVE AS WORKING TEAM
 LEADERS, /3/ HAVE SOME RESPONSIBILITY FOR ASSIGNING WORK TO CERTAIN
 EMPLOYEES AND DIRECTING THE PERFORMANCE OF THAT WORK, SUCH FUNCTIONS ARE
 ROUTINE IN NATURE AND DO NOT REQUIRE THE CONSISTENT EXERCISE OF
 INDEPENDENT JUDGMENT.  FURTHER, EFFECTIVE AUTHORITY OVER THE HIRING,
 PROMOTING, DISCIPLINING, AND ADJUSTING OF GRIEVANCES OF THE OTHER
 EMPLOYEES, AND OVER ALL OTHER INDICIA OF SUPERVISORY STATUS, RESTS WITH
 THE SUPERVISOR OF THESE INCUMBENTS RATHER THAN WITH THE INCUMBENTS
 THEMSELVES.  ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT THE INCUMBENTS
 IN THESE JOB CLASSIFICATIONS REMAIN IN THE BARGAINING UNIT.
 
    MANAGEMENT OFFICIALS /4/
 
    THE ACTIVITY CONTENDS THAT THE INCUMBENTS IN THE JOB CLASSIFICATIONS
 LISTED IN APPENDIX B ARE MANAGEMENT OFFICIALS AND SHOULD BE EXCLUDED
 FROM THE UNIT.  IN THE LEAD CASE OF DEPARTMENT OF THE NAVY, AUTOMATIC
 DATA PROCESSING SECTION OFFICE, 7 FLRA NO. 24(1981), THE AUTHORITY
 INTERPRETED THE STATUTORY DEFINITION OF "MANAGEMENT OFFICIAL" TO INCLUDE
 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.  APPLYING
 THESE CRITERIA TO THE INSTANT CASE, THE AUTHORITY FINDS THAT THE
 INCUMBENT IN THE JOB CLASSIFICATION OF PUBLIC INFORMATION SPECIALIST,
 GS-1081-13, JOB NO. 76-1076 IS A MANAGEMENT OFFICIAL AND THE AUTHORITY
 SHALL ORDER HIS EXCLUSION FROM THE BARGAINING UNIT.  THUS, THE RECORD
 ESTABLISHES THAT HE IS RESPONSIBLE FOR THE DEVELOPMENT OF THE ACTIVITY'S
 PUBLIC INFORMATION PROGRAM AND FOR CARRYING IT OUT.  IN THIS REGARD, HE
 WORKS INDEPENDENTLY AND, THEREFORE, EFFECTIVELY INFLUENCES OR BRINGS
 ABOUT A RESULT AS TO THE ADOPTION OF COURSE OF ACTION FOR THE ACTIVITY.
 IT FOLLOWS THAT THIS RESPONSIBILITY REQUIRES AND AUTHORIZES HIM TO
 FORMULATE, DETERMINE OR INFLUENCE THE POLICIES OF THE ACTIVITY WITHIN
 THE MEANING OF SECTION 7103(A)(11) OF THE STATUTE.
 
    WITH RESPECT TO THE OTHER ALLEGED MANAGEMENT OFFICIALS, THE AUTHORITY
 FINDS THESE INCUMBENTS NOT TO BE MANAGEMENT OFFICIALS WITHIN THE MEANING
 OF SECTION 7103(A)(11) OF THE STATUTE.  THUS, THE RECORD ESTABLISHES
 THAT THESE INCUMBENTS ARE PRIMARILY ENGAGED IN THE ENFORCEMENT AND
 IMPLEMENTATION OF HIGHER LEVEL POLICIES.  WHILE THEY DO ON OCCASION MAKE
 RECOMMENDATIONS AS TO CHANGES IN OR IMPLEMENTATION OF SUCH POLICIES,
 THEIR RECOMMENDATIONS ARE ADVISORY IN NATURE AND GO THROUGH SEVERAL
 SUPERVISORY LEVELS.  THUS, IT CANNOT BE SAID THAT THESE INCUMBENTS BRING
 ABOUT OR OBRAIN RESULTS AS TO THE ADOPTION OF GENERAL PRINCIPLES, PLANS
 OR COURSES OF ACTION, AS ALLEGED BY THE ACTIVITY.  ACCORDINGLY, THE
 AUTHORITY SHALL ORDER THAT THEY REMAIN IN THE BARGAINING UNIT.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED HEREIN BE,
 AND IT HEREBY IS, CLARIFIED BY EXCLUDING FROM SAID UNIT THE FOLLOWING
 POSITIONS:  INTELLIGENCE OPERATIONS SPECIALIST, GS-132-13, JOB NO.
 76-1280;  LOGISTICS MANAGEMENT SPECIALIST, GS-346-13, JOB NO.  79-623;
 SAFETY SPECIALIST, GS-018-13, JOB NO. 76-1252;  AND, PUBLIC INFORMATION
 SPECIALIST, GS-1081-13, JOB 76-1076.
 
    IT IS FURTHER ORDERED THAT WITH REGARD TO ALL OTHER JOB
 CLASSIFICATIONS SOUGHT TO BE EXCLUDED HEREIN, THE PETITION BE, AND IT
 HEREBY IS, DISMISSED.
 
    ISSUED, WASHINGTON, D.C., MAY 26, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ SECTION 7103(A)(10) OF THE STATUTE DEFINES A "SUPERVISOR" AS:
 
    . . . AN INDIVIDUAL EMPLOYEE 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 . . .
 
    /2/ IN VIEW OF THE ABOVE FINDING, THE AUTHORITY FINDS IT UNNECESSARY
 TO DECIDE WHETHER THE INCUMBENTS OF THESE JOB CLASSIFICATIONS ARE ALSO
 MANAGEMENT OFFICIALS AND THEIR CLASSIFICATIONS HAVE NOT BEEN LISTED IN
 APPENDIX B.
 
    /3/ THE RECORD INDICATES THAT THE INCUMBENTS OF JOB NOS. 76-1130A AND
 76-1121A SERVE AS TEAM LEADERS ONLY ON AN AD HOC BASIS.
 
    /4/ SECTION 7103(A)(11) OF THE STATUTE DEFINES A "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 . . .
 
                                APPENDIX A
 
    ALLEGED SUPERVISORY JOB CLASSIFICATIONS
 
    COMPUTER SPECIALIST, GS-334-13, JOB NO. 76-2377 (2 INCUMBENTS)
 
    BUDGET ANALYST, GS-560-13, JOB NO. 76-1028 (4 INCUMBENTS)
 
    PROGRAM ANALYST, GS-345-13, JOB NO. 76-1036 (4 INCUMBENTS)
 
    MANAGEMENT ANALYST, GS-343-13, JOB NO. 78-871
 
    INTELLIGENCE OPERATION SPECIALIST, GS-132-13, JOB NO. 76-1280
 
    COMMODITY MANAGEMENT SPECIALIST, GS-301-14, JOB NO. 76-1964
 
    LOGISTICS MANAGEMENT SPECIALIST, GS-346-13, JOB NO. 79-623 (2
 INCUMBENTS)
 
    CONTRACT SPECIALIST, GS-1102-13, JOB NO. 79-388 (20 INCUMBENTS)
 
    MANAGEMENT ANALYST, GS-343-13, JOB NO. 76-1130A
 
    MANAGEMENT ANALYST, GS-343-13, JOB NO. 76-1121A
 
    SAFETY SPECIALIST, GS-018-13, JOB NO. 76-1252.
 
                                APPENDIX B
 
    ALLEGED MANAGEMENT OFFICIAL JOB CLASSIFICATIONS
 
    QUALITY ASSURANCE SPECIALIST, GS-1910-13, JOB NO. 76-1554
 
    QUALITY ASSURANCE SPECIALIST, GS-1910-13, JOB NO. 76-1553 (2
 INCUMBENTS)
 
    COMPUTER SPECIALIST, GS-334-13, JOB NO. 76-2377 (2 INCUMBENTS)
 
    COMPUTER SPECIALIST, GS-334-13, JOB NO. 76-2130
 
    COMPUTER SPECIALIST, GS-334-13, JOB NO. 77-110 (5 INCUMBENTS)
 
    BUDGET ANALYST, GS-560-13, JOB NO. 76-1028 (4 INCUMBENTS)
 
    PROGRAM ANALYST, GS-345-13, JOB NO. 76-1036 (4 INCUMBENTS)
 
    PROGRAM ANALYST, GS-343-13, JOB NO. 76-1474
 
    PROGRAM ANALYST, GS-345-13, JOB NO. 76-1227 (2 INCUMBENTS)
 
    MANAGEMENT ANALYST, GS-343-13, JOB NO. 78-871
 
    PROGRAM ANALYST, GS-345-13, JOB NO. 78-870 (2 INCUMBENTS)
 
    PROGRAM ANALYST, GS-345-13, JOB NO. 76-1953 (2 INCUMBENTS)
 
    ARMAMENT SYSTEMS SPECIALIST, GS-301-13, JOB NO. 76-1952
 
    COMMODITY MANAGEMENT SPECIALIST, GS-301-14, JOB NO. 76-1964
 
    COMMODITY MANAGEMENT SPECIALIST, GS-301-13, JOB NO. 76-1957 (6
 INCUMBENTS)
 
    QUALITY ASSURANCE SPECIALIST (AMMO), GS-1910-13, JOB NO. 76-1962
 
    MANAGEMENT ANALYST, GS-343-13, JOB NO. 76-1609
 
    PLANS ANALYST, GS-301-13, JOB NO. 76-1508
 
    PLANS ANALYST, GS-3