10:0679(115)CU - Homestead AFB, Homestead, FL and NFFE Local 1167 -- 1982 FLRAdec RP
[ v10 p679 ]
The decision of the Authority follows:
10 FLRA No. 115 HOMESTEAD AIR FORCE BASE, HOMESTEAD, FLORIDA Activity and NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 1167 Petitioner Case No. 4-CU-25 DECISION AND ORDER CLARIFYING UNIT Upon a petition duly filed by 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 Federation of Federal Employees, Local 1167 (NFFE) was recognized on July 3, 1967 as the exclusive bargaining representative of a unit of all Air Force civilian employees serviced by the Central Civilian Personnel Office at Homestead Air Force Base, Florida. Essentially, the Petitioner seeks to include in the recognized bargaining unit the incumbents in the job classifications collectively characterized as shall shop chiefs. /1/ The Activity contends that the small shop chiefs are supervisors and should be excluded from the unit. /2/ The record establishes, with regard to each of the disputed positions, as follows: The Instrument Mechanic, WG-3359-11; the Aircraft Electricians Systems Repairman, WG-2892-11; and the Painter, WG-4102-10, assign and direct work and have effectively recommended the hiring of subordinates; the Fabric Worker, WG-3105-09, assigns and directs work, has effectively recommended the hiring of subordinates and has effectively recommended subordinates for promotions and awards; and the Powered Support System Mechanic (Aircraft), WG-3806-11, assign and direct subordinates. /3/ 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, the Authority finds that these incumbents are supervisors within the meaning of section 7103(a)(10) of the Statute and must be excluded from the unit. ORDER In view of the above determinations, IT IS ORDERED that the petition herein should be, and it hereby is, dismissed. Issued, Washington, D.C., December 23, 1982 Ronald W. Haughton, Chairman Henry B. Frazier III, Member Leon B. Applewhaite, Member FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES$ --------------- /1/ At the hearing, the parties entered into a stipulation, which is deemed a motion to amend and is hereby granted, to the effect that incumbents in the job classifications of Airborne Electronic Computer Repairer, WG-26104-12 and Aircraft Electrician, WG-2892-11 are supervisors and should be excluded from the unit. /2/ Section 7103(a)(10) of the Statutes 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 . . . . /3/ The present incumbent of the Sheet Metal Mechanic (Aircraft), WG-3806-11, position has only held this position for one month; however, the record indicates that the incumbent is presently interviewing candidates and has the authority to select among them to fill a vacancy in his shop. Moreover, his predecessor assigned and directed work and there is nothing to indicate that he will not exercise the same authority.