09:0965(135)CU - Joint Tactical Communications Office (TRI-TAC) and NFFE Local 476; Army Aviation Research and Development Command and NFFE Local 476; Army Satellite Communications Agency and NFFE Local 476; Army Communications Research and Development Command and NFFE Local 476; Army Electronics Research and Development Command and NFFE Local 476; Army Aviation Research and Development Command and NFFE Local 476 -- 1982 FLRAdec RP



[ 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