10:0682(116)CU - Agriculture, Forest Service, Pacific Northwest Region, Mt. Baker-Snoqualmie National Forest, Seattle, WA and NFFE Local 34, Independent; Agriculture, Forest Service, Pacific Northwest Region, Mt. Baker-Snoqualmie National Forest, Seattle, WA and NFFE Local 34, Independent -- 1982 FLRAdec RP



[ v10 p682 ]
10:0682(116)CU
The decision of the Authority follows:


 10 FLRA No. 116
 
 U.S. DEPARTMENT OF AGRICULTURE
 FOREST SERVICE, PACIFIC NORTHWEST
 REGION, MT. BAKER-SNOQUALMIE
 NATIONAL FOREST
 SEATTLE, WASHINGTON
 Activity
 
 and
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 34, INDEPENDENT
 Labor Organization/Petitioner
 
                                            Case No. 9-CU-48
 
 U.S. DEPARTMENT OF AGRICULTURE
 FOREST SERVICE, PACIFIC NORTHWEST
 REGION, MT. BAKER-SNOQUALMIE
 NATIONAL FOREST
 SEATTLE, WASHINGTON
 Activity/Petitioner
 
 and
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 34, INDEPENDENT
 Labor Organization
 
                                            Case No. 9-CU-51
 
                    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 are hereby affirmed.
 
    Upon careful consideration of the entire record, including the
 parties' contentions, the Authority finds:  The National Federation of
 Federal Employees was certified on July 23, 1979 as the exclusive
 bargaining representative for a nationwide consolidated unit of all
 professional and nonprofessional employees of the Forest Service, U.S.
 Department of Agriculture.  /1/ In Case No. 9-CU-48, NFFE seeks to
 clarify the status of Lionel Compton, Civil Engineering Technician,
 GS-802-90, who the Activity contends should be excluded from the unit on
 the ground that he is a supervisor.  In Case No. 9-CU-51, the Activity
 seeks to clarify the status of James Maher, Civil Engineer, Right Away
 Specialist, GS-810-11, who it contends should be excluded from the unit
 on the ground that he is a supervisor.
 
    In Case No. 9-CU-48, the Authority finds, in agreement with NFFE,
 that Lionel Compton is not a supervisor within the meaning of section
 7103(a)(10) of the Statute.  /2/ Although Compton may have some
 responsibility for assigning work to his subordinate and directing him
 in the performance of that work, such functions are routine in nature
 and do not require the consistent exercise of independent judgment.  In
 this regard, Compton testified, without contradiction, that his
 relationship to his subordinate is that of a senior employee to a junior
 in which, as equal members of the team, they discuss each task to be
 done and plan a course of action.  Nor does Compton exercise any of the
 other statutory indicia of supervisory authority.  Accordingly, Compton
 shall remain in the unit.
 
    In Case No. 9-CU-51, the Authority finds, in agreement with the
 Activity, that James Maher is a supervisor within the meaning of section
 7103(a)(10) of the Statute.  Thus, the record establishes that Maher
 assigns and directs work of subordinates and that these duties are not
 merely routine or clerical in nature, but require the consistent
 exercise of independent judgment.  Accordingly, Maher must be excluded
 from the unit.
 
                                   ORDER
 
    IT IS HEREBY ORDERED that the unit sought to be clarified in Case
 Nos. 9-CU-48 and 9-CU-51 be, and it hereby is, clarified by including in
 said unit Lionel Compton, Civil Engineering Technician, GS-802-09 and by
 excluding from said unit James Maher, Civil Engineer, Right Away
 Specialist, GS-810-11.  /3/ Issued, Washington, D.C., December 23, 1982
                                       Ronald W. Haughton, Chairman
                                       Henry B. Frazier III, Member