[ v09 p965 ]
09:0965(135)CU
The decision of the Authority follows:
9 FLRA No. 135
JOINT TACTICAL COMMUNICATIONS OFFICE (TRI-TAC)
Activity/Petitioner
and
Case No. 2-CU-25
NATIONAL FEDERATION OF FEDERAL EMPLOYEES,
LOCAL 476, INDEPENDENT /1/
Labor Organization
U.S. ARMY AVIATION RESEARCH AND DEVELOPMENT COMMAND
Activity/petitioner
and
Case No. 2-CU-26 /2/
NATIONAL FEDERATION OF FEDERAL EMPLOYEES,
LOCAL 476, INDEPENDENT
Labor Organization
U.S. ARMY SATELLITE COMMUNICATIONS AGENCY
Activity/Petitioner
and
Case No. 2-CU-27 /3/
NATIONAL FEDERATION OF FEDERAL EMPLOYEES,
LOCAL 476, INDEPENDENT
Labor Organization
U.S. ARMY COMMUNICATIONS RESEARCH AND DEVELOPMENT
COMMAND
Activity/Petitioner
and
Case No. 2-CU-28 /4/
NATIONAL FEDERATION OF FEDERAL EMPLOYEES,
LOCAL 476, INDEPENDENT
Labor Organization
U.S. ARMY ELECTRONICS RESEARCH AND DEVELOPMENT
COMMAND
Activity/Petitioner
and
Case No. 2-CU-30 /5/
NATIONAL FEDERATION OF FEDERAL EMPLOYEES,
LOCAL 476, INDEPENDENT
Labor Organization
U.S. ARMY AVIATION RESEARCH AND DEVELOPMENT
COMMAND
Activity/Petitioner
and
Case No. 2-CU-31 /6/
NATIONAL FEDERATION OF FEDERAL EMPLOYEES,
LOCAL 476, INDEPENDENT
Labor Organization
DECISION AND ORDER CLARIFYING UNIT
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 HEREBY AFFIRMED.
UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
PARTIES' CONTENTIONS, THE AUTHORITY FINDS: IN CASE NO. 2-CU-25, /7/ THE
ACTIVITY/PETITIONER SEEKS TO CLARIFY THE STATUS OF APPROXIMATELY 47
EMPLOYEES IN 39 JOB CLASSIFICATIONS WHO IT CONTENDS SHOULD BE EXCLUDED
FROM THE RECOGNIZED BARGAINING UNIT ON THE GROUNDS THAT THEY ARE
SUPERVISORS OR MANAGEMENT OFFICIALS. /8/
IN CASE NO. 2-CU-26, ACTIVITY/PETITIONER SEEKS TO CLARIFY THE STATUS
OF APPROXIMATELY 4 EMPLOYEES IN THE JOB CLASSIFICATION ELECTRONICS
ENGINEER, GS-855-13, 79-164,WHO IT CONTENDS SHOULD BE EXCLUDED FROM THE
BARGAINING UNIT ON THE GROUNDS THAT THEY ARE SUPERVISORS. /9/
SUPERVISORS /10/
IN CASE NO. 2-CU-25, WITH REGARD TO THE ONLY TWO SUPERVISORY JOB
CLASSIFICATIONS IN CONTENTION, THE AUTHORITY FINDS IN AGREEMENT WITH
NFFE THAT THE INCUMBENTS IN THE JOB CLASSIFICATIONS ELECTRONICS
ENGINEER, GS-855-14, 80-1091 AND COMMUNICATIONS MANAGEMENT SPECIALIST,
GS-391-14, 80-1090 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 THE INCUMBENTS IN
THESE JOB CLASSIFICATIONS SHOULD REMAIN IN THE BARGAINING UNIT.
IN CASE NO. 2-CU-26 THE AUTHORITY FINDS IN AGREEMENT WITH THE
ACTIVITY/PETITIONER THAT THE EMPLOYEES IN THE JOB CLASSIFICATION
ELECTRONICS ENGINEER, GS-855-13, 79-164 ASSIGN WORK TO THEIR
SUBORDINATES, AND HAVE EFFECTIVELY RECOMMENDED THE HIRING OF AND AWARDS
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, THESE INCUMBENTS ARE
SUPERVISORS WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE STATUTE AND
THEY SHALL BE ORDERED EXCLUDED FROM THE UNIT.
MANAGEMENT OFFICIALS /11/
THE AUTHORITY FINDS IN AGREEMENT WITH THE NFFE THAT THE INCUMBENTS IN
THE JOB CLASSIFICATIONS LISTED IN THE APPENDIX ARE NOT MANAGEMENT
OFFICIALS WITHIN THE MEANING OF SECTION 7103(A)(11) OF THE STATUTE AS
INTERPRETED BY THE AUTHORITY AND SHOULD REMAIN IN THE RECOGNIZED
BARGAINING 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
INCUMBENTS IN THE JOB CLASSIFICATIONS LISTED IN THE APPENDIX 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 AS INTERPRETED BY THE
AUTHORITY. ACCORDINGLY, THE AUTHORITY FINDS THAT THE INCUMBENTS IN THE
JOB CLASSIFICATIONS LISTED IN THE APPENDIX SHOULD REMAIN IN THE
BARGAINING UNIT.
ORDER
IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED IN CASE
2-CU-26 BE, AND IT HEREBY IS, CLARIFIED BY EXCLUDING FROM SAID UNIT THE
JOB CLASSIFICATION OF ELECTRONICS ENGINEER, GS-855-13, 79-164.
IT IS FURTHER ORDERED THAT, THE PETITIONS IN CASE NOS. 2-CU-25,
2-CU-27, 2-CU-28, AND 2-CU-30 BE AND THEY HEREBY ARE, DISMISSED.
ISSUED, WASHINGTON, D.C., AUGUST 16, 1982
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
APPENDIX
JOB CLASSIFICATIONS OF INCUMBENTS ALLEGED TO BE MANAGEMENT
OFFICIALS
PROCUREMENT ANALYST, GS-1102-14, 76-869
COMMUNICATIONS MANAGEMENT SPECIALIST, GS-391-14, 80-1089
COMMUNICATIONS MANAGEMENT SPECIALIST, GS-391-13, 80-1088
ELECTRONICS ENGINEER, GS-855-14, 72-83
ELECTRONICS ENGINEER, GS-855-14, 80-1068
ELECTRONICS ENGINEER, GS-855-14, 80-1067
ELECTRONICS ENGINEER, GS-855-13, 80-1072
ELECTRONICS ENGINEER, GS-855-14, 80-1066
ELECTRONICS ENGINEER, GS-855-13, 80-1073
MECHANICAL ENGINEER, GS-830-13, 80-1074
CONFIGURATION MANAGEMENT OFFICER, GS-301-13, 76-871
CONFIGURATION MANAGEMENT OFFICER, GS-301-13, 79-72
DATA MANAGEMENT SPECIALIST, GS-301-13, 74-17
LOGISTICS MANAGEMENT SPECIALIST, GS-346-13, 77-154
LOGISTICS MANAGEMENT SPECIALIST, GS-346-13, 78-263
ELECTRONICS ENGINEER, GS-855-14, 75-110
ELECTRONICS ENGINEER, GS-855-15, 74-120
ELECTRONICS ENGINEER, GS-855-14, 78-364
ELECTRONICS ENGINEER, GS-855-14, 72-51
ELECTRONICS ENGINEER, GS-855-14, 78-369
ELECTRONICS ENGINEER, GS-855-14, 72-64
ELECTRONICS ENGINEER, GS-855-14, 72-62
ELECTRONICS ENGINEER, GS-855-14, 72-61
ELECTRONICS ENGINEER, GS-855-13, 72-65
ELECTRONICS ENGINEER, GS-855-14, 72-40
ELECTRONICS ENGINEER, GS-855-14, 74-234
ELECTRONICS ENGINEER, GS-855-14, 80-1002
ELECTRONICS ENGINEER, GS-855-13, 72-43
ELECTRONICS ENGINEER, GS-855-14, 72-46
MECHANICAL ENGINEER, GS-830-14, 72-49
ELECTRONICS ENGINEER, GS-855-14, 80-1003
ELECTRONICS ENGINEER, GS-855-13, 77-1688
ELECTRONICS ENGINEER, GS-855-14, 72-36
ELECTRONICS ENGINEER, GS-855-14, 76-862
ELECTRONICS ENGINEER, GS-855-14, 76-563
ELECTRONICS ENGINEER, GS-855-13, 80-1004
ELECTRONICS ENGINEER, GS-855-14, 76-861
--------------- FOOTNOTES$ ---------------
/1/ THE NAME OF THE LABOR ORGANIZATION APPEARS AS AMENDED AT THE
HEARING.
/2/ DURING THE COURSE OF THE HEARING, THE PETITIONER WITH THE
AGREEMENT OF THE NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 476,
INDEPENDENT AND THE HEARING OFFICER AMENDED ITS PETITION TO INCLUDE ONLY
THE ONE JOB CLASSIFICATION OF ELECTRONICS ENGINEER, GS-855-13, 79-164.
/3/ AT THE HEARING, IN CASE NO. 2-CU-27, THE PARTIES AGREED THAT THE
INCUMBENT IN THE SOLE JOB CLASSIFICATION IN CONTENTION, OPERATIONS
RESEARCH ANALYST, GS-1515-14, 74-2841, WAS A SUPERVISOR AND SHOULD BE
EXCLUDED FROM THE BARGAINING UNIT. WITH NO JOB CLASSIFICATIONS IN
DISPUTE, THE AUTHORITY SHALL ORDER THE PETITION IN CASE NO. 2-CU-27 BE
DISMISSED.
/4/ AT THE HEARING, IN CASE NO. 2-CU-28, THE PARTIES AGREED THAT THE
INCUMBENTS IN THE JOB CLASSIFICATIONS LEFT IN CONTENTION WERE
SUPERVISORS AND SHOULD BE EXCLUDED FROM THE BARGAINING UNIT. WITH NO
JOB CLASSIFICATIONS IN DISPUTE, THE AUTHORITY SHALL ORDER THE PETITION
IN CASE NO. 2-CU-28 BE DISMISSED.
/5/ AT THE HEARING, THE PARTIES AFTER NARROWING THE NUMBER OF JOB
CLASSIFICATIONS IN DISPUTE, STIPULATED THAT THE INCUMBENTS IN THE 35 JOB
CLASSIFICATIONS REMAINING WERE SUPERVISORS AND SHOULD BE EXCLUDED FROM
THE BARGAINING UNIT. WITH NO JOB CLASSIFICATIONS IN DISPUTE, THE
AUTHORITY SHALL ORDER THAT THE PETITION IN CASE NO. 3-CU-30 BE
DISMISSED.
/6/ AT THE HEARING IN CASE NO. 2-CU-31, THE PETITIONER MOVED TO
WITHDRAW ITS PETITION. PETITIONER'S UNOPPOSED MOTION IS HEREBY GRANTED.
/7/ THE NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 476,
INDEPENDENT (NFFE) WAS RECOGNIZED ON AUGUST 3, 1971, AS THE EXCLUSIVE
BARGAINING REPRESENTATIVE FOR A UNIT OF ALL PROFESSIONAL AND
NONPROFESSIONAL EMPLOYEES OF THE JOINT TACTICAL COMMUNICATIONS OFFICE
(TRI-TAC) 197 HANCE ROAD, NEW SHREWSBURY, NEW JERSEY.
/8/ AT THE HEARING THE PARTIES ENTERED INTO THE FOLLOWING
STIPULATIONS WHICH ARE DEEMED MOTIONS TO AMEND AND HEREBY GRANTED: (A)
INCUMBENTS IN JOB CLASSIFICATIONS ELECTRONICS ENGINEER, GS-855-15, 72-54
AND PROGRAM ANALYST, GS-345-14, 80-1086 ARE SUPERVISORS AND SHOULD BE
EXCLUDED FROM THE RECOGNIZED BARGAINING UNIT. (B) INCUMBENTS IN JOB
CLASSIFICATIONS OPERATIONS RESEARCH ANALYST GS-1515-14, 80-1001; BUDGET
ANALYST GS-560-13, 72-70; PROGRAM ANALYST GS-345-13, 80-1087; AND
COMPUTER SPECIALIST GS-334-13, 78-101 ARE NOT SUPERVISORS OR MANAGEMENT
OFFICIALS AND SHOULD REMAIN IN THE RECOGNIZED BARGAINING UNIT. (C) THAT
THE JOB CLASSIFICATIONS OF ELECTRONICS ENGINEER, GS-855-14, 80-1068;
ELECTRONICS ENGINEER, GS-855-14, 80-1067; ELECTRONICS ENGINEER,
GS-855-13, 80-1073; ELECTRONICS ENGINEER, GS-855-14, 72-40;
ELECTRONICS ENGINEER, GS-855-13, 72-43; ELECTRONICS ENGINEER,
GS-855-13, 77-1688 BE ADDED TO THOSE TO BE DECIDED BY THE AUTHORITY AS
THEY WERE FILLED SUBSEQUENT TO THE FILING DATE OF THE PETITION.
/9/ NFFE WAS CERTIFIED ON MARCH 30, 1978 AS THE EXCLUSIVE BARGAINING
REPRESENTATIVE FOR A UNIT OF ALL PROFESSIONAL EMPLOYEES OF AVRADCOM
ELEMENTS AT FORT MONMOUTH, NEW JERSEY INCLUDING FULL-TIME TEMPORARY
EMPLOYEES.
/10/ SECTIONS 7103(A)(10) OF THE STATUTE DEFINES "SUPERVISOR" AS:
. . . AN INDIVIDUAL EMPLOYED 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 . . . /11/
SECTION 7103(A)(11) OF
THE STATUTE DEFINES "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 . . .