09:0885(119)CU - HQ, Space Division, Air Force Systems Command, Air Force, DOD and AFGE Local 2429 -- 1982 FLRAdec RP



[ v09 p885 ]
09:0885(119)CU
The decision of the Authority follows:


 9 FLRA No. 119
 
 HEADQUARTERS, SPACE DIVISION, AIR FORCE
 SYSTEMS COMMAND, DEPARTMENT OF THE AIR FORCE,
 DEPARTMENT OF DEFENSE /1/
 Activity/Petitioner
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 2429
 Labor Organization
 
                                            Case No. 8-CU-18
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
 UNDER SECTION 7111(B1(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 HEREBY AFFIRMED.
 
    UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
 PARTIES' CONTENTIONS, THE AUTHORITY FINDS:  THE AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2429 (AFGE) WAS CERTIFIED ON MARCH
 16, 1971 AS THE EXCLUSIVE BARGAINING REPRESENTATIVE FOR A UNIT OF ALL
 NONPROFESSIONAL CIVILIAN EMPLOYEES OF THE SPACE AND MISSILE SYSTEMS
 ORGANIZATION AND OTHER AIR FORCE ORGANIZATIONS SERVICED BY THE SPACE AND
 MISSILE SYSTEMS ORGANIZATION CENTRAL CIVILIAN PERSONNEL OFFICE WITH DUTY
 STATIONS IN LOS ANGELES AND ORANGE COUNTY, CALIFORNIA.  ESSENTIALLY, THE
 ACTIVITY'S PETITION SEEKS TO EXCLUDE FROM THE RECOGNIZED UNIT THE
 INCUMBENTS IN VARIOUS JOB CLASSIFICATIONS BASED ON THE ALLEGATION THAT
 THEY ARE SUPERVISORS, MANAGEMENT OFFICIALS, OR BOTH.  /2/
 
    SUPERVISORS /3/
 
    THE ACTIVITY CONTENDS THAT THE EMPLOYEES IN THE JOB CLASSIFICATIONS
 LISTED IN APPENDIX A ARE SUPERVISORS AND SHOULD BE EXCLUDED FROM THE
 UNIT.  OF THESE, THE RECORD ESTABLISHES THAT WILLIAM VAUGHAN (LOGISTICS
 MANAGEMENT SPECIALIST, GS-0346-13), ASSIGNS WORK, HAS HIRED
 SUBORDINATES, HAS THE AUTHORITY TO DISCIPLINE SUBORDINATES, AND HAS
 EFFECTIVELY RECOMMENDED SUBORDINATES FOR AWARDS;  THAT GEORGE LEMON
 (LOGISTICS MANAGEMENT SPECIALIST, GS-0346-13), ASSIGNS WORK AND ADJUST
 GRIEVANCES;  AND THAT BERTIS BERKSHIRE (FINANCIAL MANAGEMENT ANALYST,
 GS-0501-13), ASSIGNS WORK AND HAS HIRED AND ADJUSTED GRIEVANCES FOR
 SUBORDINATES.  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, THE AUTHORITY FINDS
 THESE INCUMBENTS ARE SUPERVISORS WITHIN THE MEANING OF 7103(A)(10) OF
 THE STATUTE AND SHALL ORDER THAT THEY BE EXCLUDED FROM THE UNIT.  /4/
 
    THE AUTHORITY FURTHER FINDS THAT THE INCUMBENTS IN 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 MAY HAVE SOME RESPONSIBILITY
 FOR ASSIGNING WORK TO CERTAIN EMPLOYEES AND DIRECTING THEM IN THE
 PERFORMANCE OF THAT WORK, SUCH FUNCTIONS ARE ROUTINE IN NATURE AND DO
 NOT REQUIRE THE CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT.  NOR DO THE
 INCUMBENTS IN THESE POSITIONS EXERCISE ANY OF THE OTHER STATUTORY
 INDICIA OF SUPERVISORY AUTHORITY.  ACCORDINGLY, THE AUTHORITY FINDS THAT
 THEY SHOULD REMAIN IN THE BARGAINING UNIT.
 
    MANAGEMENT OFFICIALS /5/
 
    THE ACTIVITY CONTENDS THAT THE EMPLOYEES 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 SELECTION
 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 OF 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
 THAT DAVID BESBRIS (CONTRACT NEGOTIATOR, GS-1102-13), JOHN DENNELL
 (CONTRACT ADMINISTRATOR, GS-1102-13), ILEE CLARDY (QUALITY ASSURANCE
 SPECIALIST, GS-1910-13), ANDREW POND (QUALITY ASSURANCE SPECIALIST,
 GS-1910-13), JACK REBERRY (QUALITY ASSURANCE SPECIALIST, GS-1910-13),
 ALLEN STEPHENS (QUALITY ASSURANCE SPECIALIST, GS-1910-13), CATHERINE
 COWGILL (CONTRACT SPECIALIST, GS-1102-13), CHARLES REXON (SAFETY
 MANAGER, GS-0018-13) AND ROBERT BECKER (STANDARDIZATION MANAGEMENT
 SPECIALIST, GS-0301-13) ARE MANAGEMENT OFFICIALS AND SHALL ORDER THEIR
 EXCLUSION FROM THE BARGAINING UNIT.  THUS, THE RECORD ESTABLISHES THAT
 BESBRIS AND DENNELL HAVE COMPLETE RESPONSIBILITY FOR NEGOTIATING AND
 ADMINISTERING THE AEROSPACE CORPORATION CONTRACT AND HAVE THE FINAL
 SIGNATORY AUTHORITY TO BIND THE ACTIVITY AND ITS RESOURCES;  THAT
 CLARDY, POND, REBERRY, AND STEPHENS ISSUE QUALITY ASSURANCE
 SPECIFICATIONS TO SERVE AS THE GUIDE FOR MAKING DECISIONS IN THE
 PROCUREMENT CYCLE AND ARE RESPONSIBLE FOR WRITING AND INTERPRETING THE
 ACTIVITY'S REGULATIONS IN THE AREA OF QUALITY ASSURANCE;  THAT COWGILL
 IS INVOLVED IN PREPARATION AND NEGOTIATION OF ARCHITECTURAL AND
 ENGINEERING SERVICE CONTRACTS AND HAS THE SOLE AUTHORITY TO SPEAK FOR
 AND BIND THE ACTIVITY;  THAT REXON IS THE GROUND SAFETY MANAGER FOR THE
 ACTIVITY AND IS AUTHOR OF THE ACTIVITY'S REGULATIONS IN THIS AREA;  AND
 THAT BECKER IS INVOLVED IN THE AREA OF STANDARDIZATION AND IS AUTHOR OF
 THE ACTIVITY'S REGULATIONS WHICH SET FORTH THE POLICY FOR GETTING
 MILITARY SPECIFICATIONS AND STANDARDS WRITTEN.  IT FOLLOWS THAT THEIR
 RESPONSIBILITIES REQUIRE AND AUTHORIZE THEM TO FORMULATE, DETERMINE OR
 INFLUENCE THE POLICIES OF THE ACTIVITY WITHIN THE MEANING OF SECTION
 7103(A)(11) OF THE STATUTE AS INTERPRETED BY THE AUTHORITY.
 
    WITH RESPECT TO THE OTHER ALLEGED MANAGEMENT OFFICIALS, THE AUTHORITY
 FINDS THAT THEY ARE PROFESSIONALS WHOSE ACTIONS ASSIST IN IMPLEMENTING,
 AS OPPOSED TO SHAPING, THE ACTIVITY'S POLICIES.  THUS, THE RECORD IS
 CLEAR THAT THESE INCUMBENTS ARE NOT MANAGEMENT OFFICIALS IN THAT THEY DO
 NOT EXERCISE ANY DUTIES AND RESPONSIBILITIES WHICH REQUIRE OR AUTHORIZE
 THEM TO FORMULATE, DETERMINE, OR INFLUENCE THE POLICIES OF THE ACTIVITY
 WITHIN THE MEANING OF SECTION 7103(A)(11) OF THE STATUTE.  ACCORDINGLY,
 THE AUTHORITY FINDS THAT THESE INCUMBENTS SHOULD 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:  WILLIAM VAUGHAN (LOGISTICS MANAGEMENT SPECIALIST,
 GS-0346-13), GEORGE LEMON (LOGISTICS MANAGEMENT SPECIALIST, GS-0346-13),
 DAVID BESBRIS (CONTRACT NEGOTIATOR, GS-1102-13), JOHN DENNELL (CONTRACT
 ADMINISTRATOR, GS-1102-13), ILEE CLARDY (QUALITY ASSURANCE SPECIALIST,
 GS-1910-13), ANDREW POND (QUALITY ASSURANCE SPECIALIST, GS-1910-13),
 JACK REBERRY (QUALITY ASSURANCE SPECIALIST, GS-1910-13), ALLEN STEPHENS
 (QUALITY ASSURANCE SPECIALIST, GS-1910-13), CATHERIN COWGILL (CONTRACT
 SPECIALIST, GS-1102-13), CHARLES REXON (SAFETY MANAGER, GS-0018-13),A
 AND ROBERT BECKER (STANDARDIZATION MANAGEMENT SPECIALIST, GS-0301-13).
 
    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., AUGUST 6, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
                                APPENDIX A
 
    EMPLOYEES ALLEGED TO BE SUPERVISORS
 
    GERALD HEYDINGER, RESOURCE ANALYST, GS-0301-14
 
    DAVID BESBRIS, CONTRACT NEGOTIATOR, GS-1102-13
 
    ILEE CLARDY, QUALITY ASSURANCE SPECIALIST, GS-1910-13
 
    ANDREW POND, QUALITY ASSURANCE SPECIALIST, GS-1910-13
 
    JACK REBERRY, QUALITY ASSURANCE SPECIALIST, GS-1910-13
 
    ALLEN STEPHENS, QUALITY ASSURANCE SPECIALIST, GS-1910-13
 
    WILLIAM VAUGHAN, LOGISTICS MANAGEMENT SPECIALIST, GS-0346-13
 
    GEORGE LEMON, LOGISTICS MANAGEMENT SPECIALIST, GS-0346-13
 
    BERTIS BERKSHIRE, FINANCIAL MANAGEMENT ANALYST, GS-0501-13
 
                                APPENDIX B
 
    EMPLOYEES ALLEGED TO BE MANAGEMENT OFFICIALS
 
    GERALD HEYDINGER, RESOURCE ANALYST, GS-0301-14
 
    DAVID ALBERT, MOTION PICTURE PRODUCTION SPECIALIST, GS-1071-13
 
    GIOVANNI BARGERO, COMPUTER SPECIALIST, GS-0334-13
 
    ROBERT BECKER, STANDARDIZATION MANAGEMENT SPECIALIST, GS-0301-13
 
    DAVID BESBRIS, CONTRACT NEGOTIATOR, GS-1102-13
 
    WARREN CARLSON, FINANCIAL MANAGEMENT ANALYST, GS-0501-13
 
    GAIL CHASE, PROCUREMENT ANALYST, GS-1102-13
 
    ILEE CLARDY, QUALITY ASSURANCE SPECIALIST, GS-0501-13
 
    CATHERINE COWGILL, CONTRACT SPECIALIST, GS-1102-13
 
    FRANK DELUNA, CONTRACT SPECIALIST, GS-1102-13
 
    JOHN DENNELL, CONTRACT ADMINISTRATOR, GS-1102-13
 
    DAVID FARIAS, FINANCIAL MANAGEMENT ANALYST, GS-0501-13
 
    GEORGE HYMAN, TECHNICAL REQUIREMENTS SPECIALIST, GS-1101-13
 
    MELVIN INGLET, LOGISTICS MANAGEMENT SPECIALIST, GS-0346-13
 
    JOSEPH KRUEGER, PROCUREMENT ANALYST, GS-1102-13
 
    JOHN LUSCO, CONFIGURATION MANAGEMENT SPECIALIST, GS-0301-13
 
    ROSEMARY LANE, FINANCIAL MANAGEMENT ANALYST, GS-0501-13
 
    CLIFFORD LITTLE, LOGISTICS MANAGEMENT SPECIALIST, GS-0346-13
 
    ROBERT POLKOW, TECHNICAL REQUIREMENTS SPECIALIST