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