09:0896(121)CU - Air Force Flight Test Center, Edwards AFB, CA and International Association of Firefighters, Local F-53 -- 1982 FLRAdec RP



[ v09 p896 ]
09:0896(121)CU
The decision of the Authority follows:


 9 FLRA No. 121
 
 AIR FORCE FLIGHT TEST CENTER
 EDWARDS AIR FORCE BASE, CALIFORNIA
 Activity
 
 and
 
 INTERNATIONAL ASSOCIATION OF
 FIREFIGHTERS, LOCAL F-53
 Petitioner
 
                                            Case No. 8-CU-29
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    UPON A PETITION DULY FILED WITH THE 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 HEREBY AFFIRMED.
 
    UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
 PARTIES' CONTENTIONS, THE AUTHORITY FINDS:  THE INTERNATIONAL
 ASSOCIATION OF FIREFIGHTERS, LOCAL F-53 (FIREFIGHTERS) WAS RECOGNIZED ON
 JULY 13, 1964, AS THE EXCLUSIVE BARGAINING REPRESENTATIVE FOR A UNIT OF
 ALL EMPLOYEES OF FIRE PROTECTION BRANCH, A.F.F.T.C., EDWARDS AIR FORCE
 BASE.  ESSENTIALLY, THE PETITION SEEKS TO CLARIFY THE BARGAINING UNIT
 STATUS OF NUMEROUS INCUMBENTS IN VARIOUS JOB CLASSIFICATIONS BASED ON
 THE ACTIVITY'S CONTENTIONS THAT THEY ARE SUPERVISORS OR MANAGEMENT
 OFFICIALS.
 
    SUPERVISORS /1/
 
    THE ACTIVITY CONTENDS THAT THE INCUMBENTS IN THE JOB CLASSIFICATIONS
 OF SUPERVISORY FIREFIGHTER, GS-081-10 (ASSISTANT FIRE CHIEF), AND
 SUPERVISORY FIREFIGHTER, GS-081-07 (STATION CHIEF), ARE SUPERVISORS AND
 SHOULD BE EXCLUDED FROM THE BARGAINING UNIT.  OF THESE, THE RECORD
 ESTABLISHES THAT THE INCUMBENTS IN THE JOB CLASSIFICATION OF SUPERVISORY
 FIREFIGHTER, GS-081-10, ASSIGN WORK, ADJUST GRIEVANCES, DISCIPLINE AND
 PROMOTE SUBORDINATES, AND HAVE EFFECTIVELY RECOMMENDED SUBORDINATES FOR
 AWARDS;  AND THAT THE INCUMBENTS IN THE JOB CLASSIFICATION OF
 SUPERVISORY FIREFIGHTER, GS-081-07, PROMOTE, ADJUST GRIEVANCES AND
 DISCIPLINE SUBORDINATES.  FURTHER, THE RECORD REFLECTS AND THE AUTHORITY
 FINDS THAT THESE INCUMBENTS DEVOTE A PREPONDERANCE OF THEIR EMPLOYMENT
 TIME IN EXERCISING SUCH DUTIES /2/ WHICH 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 AND SHALL BE EXCLUDED FROM
 THE UNIT.  /3/
 
    MANAGEMENT OFFICIAL /4/
 
    THE ACTIVITY CONTENDS THAT THE EMPLOYEE IN THE JOB CLASSIFICATION OF
 FIRE PROTECTION SPECIALIST (TRAINING), GS-081-09 IS A MANAGEMENT
 OFFICIAL 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 PRINCIPLE, 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 FIRE
 PROTECTION SPECIALIST (TRAINING), GS-081-09, IS A PROFESSIONAL WHOSE
 ACTIONS ASSIST IN IMPLEMENTING, AS OPPOSED TO SHAPING, THE ACTIVITY'S
 POLICIES.  THUS THE RECORD IS CLEAR THAT THIS INCUMBENT IS NOT A
 MANAGEMENT OFFICIAL IN THAT HE DOES NOT EXERCISE ANY DUTIES AND
 RESPONSIBILITIES WHICH REQUIRE OR AUTHORIZE HIM TO FORMULATE, DETERMINE,
 OR IMPLEMENT THE POLICIES OF THE ACTIVITY WITHIN THE MEANING OF SECTION
 7103(A)(11) OF THE STATUTE. ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT
 THIS INCUMBENT REMAIN IN THE BARGAINING UNIT.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED HEREIN BE,
 AND IT HEREBY IS, CLARIFIED TO INCLUDE THE INCUMBENT IN THE JOB
 CLASSIFICATION OF FIRE PROTECTION SPECIALIST (TRAINING) GS-081-09.