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10:0668(111)CU - VA Medical Center, 555 Willard Avenue, Newington, CT and NAGE Local R1-109 -- 1982 FLRAdec RP



[ v10 p668 ]
10:0668(111)CU
The decision of the Authority follows:


 10 FLRA No. 111
 
 VETERANS ADMINISTRATION MEDICAL CENTER
 555 WILLARD AVENUE, NEWINGTON, CONNECTICUT
 Activity
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCAL R1-109 /1/
 Petitioner
 
                                            Case No. 1-CU-20005
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    Upon an amended petition duly filed with the Federal Labor Relations
 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 are
 hereby affirmed.
 
    Upon careful consideration of the entire record, including the
 parties' contentions, the Authority finds:  The National Association of
 Government Employees, Local R1-109 (NAGE) was recognized by the Activity
 on April 15, 1966, as the exclusive bargaining representative for a unit
 of all employees located at the Newington Veterans Administration
 Medical Center.  Essentially, the petition seeks to clarify the
 bargaining unit status of Betty G. Wanczyk (Food Service worker Foreman,
 WS-7408-1), Emylee Douglas (Food Service Worker Foreman, WS-7408-1) and
 Betty Curnow (Supervisory Medical Clerk Trainee, GS-679-05), in view of
 the Activity's contention that they are supervisors /2/ and must be
 excluded from the bargaining unit.
 
    The record establishes that Wanczyk assigns and directs work and
 disciplines subordinates;  that Douglas assigns and directs work, has
 effectively recommended subordinates for promotion and awards, and has
 disciplined subordinates;  and Curnow assigns and directs work and has
 effectively recommended the hiring of and awards for subordinates.  The
 Authority further 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 section 7103(a)(10) of the Statute and
 must be excluded from the unit.
 
                                   ORDER
 
    IT IS ORDERED that the unit sought to be clarified herein be, and it
 hereby is, clarified by excluding from said unit Betty G. Wanczyk (Food
 Service Worker Foreman, WS-7408-1), Emylee Douglas (Food Service Worker
 Foreman, WS-7408-1) and Betty Curnow (Supervisory Medical Clerk Trainee,
 GS-679-05).  
 
 Issued, Washington, D.C., December 16, 1982
 
                                       Ronald W. Haughton, Chairman
                                       Henry B. Frazier III, Member
                                       Leon B. Applewhaite, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ The names of the parties appear as amended at the hearing.
 
 
    /2/ Section 7103(a)(10) of the Statute defines a "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 . . . .