11:0176(39)CU - VA Washington, DC and VA Medical Center, Salisbury, NC and AFGE; VA Washington, DC and VA Medical Center, Salisbury, NC and AFGE -- 1983 FLRAdec RP



[ v11 p176 ]
11:0176(39)CU
The decision of the Authority follows:


 11 FLRA No. 39
 
 VETERANS ADMINISTRATION,
 WASHINGTON, D.C. AND
 VETERANS ADMINISTRATION
 MEDICAL CENTER,
 SALISBURY, NORTH CAROLINA
 Agent/Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 Labor Organization/Petitioner
 
                                            Case No. 4-CU-45
 
 VETERANS ADMINISTRATION,
 WASHINGTON, D.C. AND
 VETERANS ADMINISTRATION
 MEDICAL CENTER,
 SALISBURY, NORTH CAROLINA
 Agency/Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 Labor Organization/Petitioner
 
                                            Case No. 4-CU-46
 
                    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:  In Case No. 4-CU-45, the
 Labor Organization/Petitioner (AFGE) /1/ seeks to clarify the status of
 Sandra Oliphant, Personnel Assistant, GS-203-06, who the Agency/Activity
 contends should be excluded from the recognized bargaining unit on the
 ground that she is an employee engaged in Federal personnel work in
 other than a purely clerical capacity.  /2/
 
    In Case No. 4-CU-46, /3/ AFGE seeks to clarify the status of 19
 employees in the job classification of Head Nurse who it contends should
 be included in the unit regardless of their supervisory functions since
 they do not devote a preponderance of their employment time to such
 functions.
 
    With regard to Case No. 4-CU-45, the Authority finds that Oliphant is
 an employee engaged in Federal personnel work in other than a purely
 clerical capacity within the meaning of section 7112(b)(3) of the
 Statute and should be excluded from the bargaining unit.  Although
 assigned as the assistant to the Personnel Management Specialist,
 Oliphant spends the majority of her time doing work related to the
 Workers' Compensation and Retirement and Death Benefit Programs.  She is
 the Activity's resource person in these areas and, as such, counsels
 employees and answers their questions on any problems they may encounter
 with regard to the programs.  Further, with regard to the Workers'
 Compensation Program she is responsible for seeing that all paperwork is
 properly and speedily processed.  After reviewing the paperwork, she has
 the authority on behalf of the Activity to authorize medical treatment
 and to authorize the continuation of pay to affected employees.
 
    Based on the above, the Authority finds that Oliphant is engaged in
 personnel work as contemplated by section 7112(b)(3), that is, work
 relating directly to the personnel operations of her own employing
 activity, in other than a purely clerical capacity.  Accordingly, she
 shall be excluded from the bargaining unit.
 
    In Case No. 4-CU-46, the Authority finds that the Head Nurses listed
 in the Appendix are supervisors within the meaning of section
 7103(a)(10) of the Statute /4/ and must be excluded from the bargaining
 unit.  Thus, the record establishes that the Head Nurse assign work,
 discipline subordinates and have effectively recommended subordinates
 for awards.  While the Head Nurses are directly involved with patient
 care, their main responsibility is to supervise nursing activities in
 their units.  /5/ Accordingly the Authority finds that the Head Nurses
 devote a preponderance of their employment time to the exercise of such
 supervisory authority which is not merely routine or clerical in nature,
 but requires the consistent exercise of independent judgment.
 
                                   ORDER
 
    IT IS HEREBY ORDERED that the petitions in Case Nos. 4-CU-45 and
 4-CU-46 be, and they hereby are, dismissed.  Issued, Washington, D.C.,
 January 28, 1983
                                       Ronald W. Haughton, Chairman
                                       Henry B. Frazier III, Member
                                       Leon B. Applewhaite, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
                                 APPENDIX
 
    HEAD NURSES ALLEGED TO BE SUPERVISORS
 
    Melba Hunter
 
    Betty Westmoreland
 
    Margaret Floyd
 
    Peggy Huffman
 
    Virginia Graves
 
    Betty Rufty
 
    Dianna Lemons
 
    Betty Chester
 
    Glenda Whitman
 
    Doretta Murphy
 
    Jean Hedrick
 
    Rebecca Alexander
 
    Amy Halverson
 
    Mildred Huff
 
    India Monroe
 
    Wanda Brandt
 
    Martha Legrand
 
    Charlena Garrison
 
    Faye Smith
 
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ AFGE was certified on February 28, 1980 as the exclusive
 bargaining representative of a nationwide consolidated unit of
 nonprofessional employees of the Veterans Administration.
 
 
    /2/ The joint stipulation of the parties at the hearing is deemed a
 motion to amend the petition by withdrawing certain other individuals
 from consideration herein;  this motion is g