11:0180(40)CU - Army, HQ, Fort Huachuca, Fort Huachuca, AZ and AFGE Local 1662; Army, HQ, Fort Huachuca, Fort Huachuca, AZ and AFGE Local 1662 -- 1983 FLRAdec RP



[ v11 p180 ]
11:0180(40)CU
The decision of the Authority follows:


 11 FLRA No. 40
 
 DEPARTMENT OF THE ARMY, HEADQUARTERS,
 FORT HUACHUCA, FORT HUACHUCA, ARIZONA
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1662
 Labor Organization/Petitioner
 
                                            Case No. 8-CU-19
 
 DEPARTMENT OF THE ARMY, HEADQUARTERS,
 FORT HUACHUCA, FORT HUACHUCA, ARIZONA
 Activity/Petitioner
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1662
 Labor Organization
 
                                            Case No. 8-CU-20
 
                    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 American Federation of
 Government Employees, AFL-CIO, Local 1662 (AFGE) was certified on
 December 28, 1971, as the exclusive bargaining representative for a unit
 of all wage grade and general schedule nonprofessional employees of the
 Headquarters U.S. Army Communications Command;  U.S. Army
 Communications-Electronics Engineering Installation Agency;  U.S. Army
 Communications-Electronics Installation Battalion;  Headquarters, Fort
 Huachuca;  U.S. Army Communications Security Logistics Activity;  U.S.
 Army Communications Command Agency-Fort Huachuca;  U.S. Army
 Communications Management Information Systems Activity;  and U.S. Army
 Troop Support Agency-Western Field Office located at Fort Huachuca and
 serviced by the Headquarters, Fort Huachuca, Civilian Personnel Office.
 Essentially, the petitions, as amended, seek to clarify the bargaining
 unit status of approximately 43 employees based on the
 Activity/Petitioner's contention that these employees are supervisors,
 management officials or both.  /1/ Supervisors /2/
 
    The Activity/Petitioner contends that the employees listed in
 Appendix A and commonly referred to as "Team Leaders" or "Team Chiefs"
 are supervisors and should be excluded from the bargaining unit.  The
 record establishes that two of these employees, Leonard Mistretta
 (Computer Specialist, GS-334-13) and Clyde Meade (Computer Specialist,
 GS-393-13), supervise only active duty military personnel.  Section
 7103(a)(10) of the Statute defines a "supervisor" as an individual
 having certain authority over "employees," and section 7103(a)(2)
 specifically excludes "a member of the uniformed services" from the
 statutory definition of "employee." Thus, the individuals supervised by
 Mistretta and Meade are not employees within the meaning of the Statute.
  /3/ Therefore, the Authority finds that Mistretta and Meade are not
 supervisors as defined in the Statute and shall order that they remain
 in the unit.
 
    As to the other employees listed in Appendix A, the record indicates
 that they assign and direct work and effectively recommend hiring,
 promotions, awards and discipline of subordinates.  Further, the above
 duties are not merely routine or clerical in nature but require the
 consistent exercise of independent judgment.  Accordingly, the Authority
 finds these employees are supervisors within the meaning of section
 7103(a)(10) of the Statute and shall order that they be excluded from
 the unit.  /4/ Management Officials /5/
 
    The Activity/Petitioner contends that the employees listed in
 Appendix B are management officials and should be excluded from the
 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
 principles, 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 the incumbents
 listed in Appendix B 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 or 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 shall order
 that they remain in the bargaining unit.
 
                                   ORDER
 
    IT IS ORDERED that the unit sought to be clarified be, and it hereby
 is, clarified by including in said unit those employees listed in
 Appendix B as well as Leonard Mistretta (Computer Specialist,
 GS-334-13), and Clyde Meade (Computer Specialist, GS-393-13);  and by
 excluding from said unit the employees listed in Appendix A except for
 Mistretta and Meade.  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 A
 
    Employees Alleged To Be Supervisors
 
    (1) Robert Sechrist, Communications Management Specialist, GS-391-13
 
    (2) Jay Raschke, Communications Management Specialist, GS-391-13
 
    (3) Chester Cotton, Computer Specialist, GS
 
    (4) Floyd R. Negley, Computer Specialist, GS-334-13
 
    (5) Leonard Mistretta, Computer Specialist, GS-334-13
 
    (6) George Lovering, Computer Specialist, GS-334-13
 
    (7) James Denman, Computer Specialist, GS-334-13
 
    (8) Paul Hird, Computer Specialist, GS-334-13
 
    (9) Hershell McCraw, Computer Specialist, GS-334-13
 
    (10) Vann Bryan, Computer Specialist, GS-334-13
 
    (11) John Palm, Computer Specialist, GS-334-13
 
    (12) Billy Crouch, Computer Specialist, GS-334-13
 
    (13) Peter Pitts, Computer Specialist, GS-334-13
 
    (14) Fred Dyes, Computer Specialist, GS-334-13
 
    (15) Daniel Prado, Computer Specialist, GS-334-13
 
    (16) John Ramsey, Computer Specialist, GS-334-13
 
    (17) John Vivlano, Communications Specialist, GS-393-13
 
    (18) Randall Wilson, Communications Specialist, GS-393-13
 
    (19) William Perry, Communications Specialist, -gs-393-13
 
    (20) Edward Sturm, Communications Specialist, GS-393-13
 
    (21) Donald Blackmer, Communications Specialist, GS-393-13
 
    (22) Billy Moore, Communications Specialist, GS-393-13
 
    (23) William Kahrick, Communications Specialist, GS-393-13
 
    (24) Clyde Meade, Communications Specialist, GS-393-13
 
    (25) William Green, Communications Specialist, GS-393-13
 
    (26) Harold Giles, Communications Specialist, GS-393-13
 
    (27) Budd Arnold, Computer Specialist, GS-334-13
 
    (28) Rodney Floyd, Computer Specialist, GS-334-13
 
    (29) Charles Gord, Computer Specialist, GS-334-13
 
    (30) Clyde McDaniel, Computer Specialist, GS-334-13
 
    (31) Albert Niemeyer, Computer Specialist, GS-334-13
 
    (32) James Plant, Computer Specialist, GS-334-13
 
    (33) Bertel Rutia, Computer Specialist, GS-334-13
 
    (34) Frederick Wright, Computer Specialist, GS-334-13
 
    (35) Ival Secrest, Computer Specialist, GS-334-13
 
                                APPENDIX B
 
    Employees Alleged To Be Management Officials
 
    (1) Carlo Venditto, Computer Specialist, GS-334-13
 
    (2) Richard Hagen, Communications Management Specialist, GS-391-13
 
    (3) Edwin Coleman, Communications Management Specialist, GS-391-13
 
    (4) Wyatt Arnold, Communications Management Specialist, GS-391-13
 
    (5) Robert Corporon, Communications Management Specialist, GS-391-13
 
    (6) Francisco Escobar, Communications Management Specialist,
 GS-391-13
 
    (7) William Lenz, Communications Management Specialist, GS-391-13
 
    (8) Ronald Knipfer, Communications Management Specialist, GS-391-13
 
    (9) James Brown, Computer Specialist, GS-334-13
 
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ At the hearing, the parties entered into the following
 stipulation which is deemed a motion to amend the petition:  Carlo
 Venditto, Computer Specialist, GS-334-13;  and James Brown, Computer
 Specialist, GS-334-13, are not supervisors within the meaning of the
 Statute.  The motion is hereby granted.
 
 
    /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. . . .
 
 
    /3/ See National Guard Bureau, State of New York, Division of
 Military and Naval Affairs, Albany, New York, 9 FLRA No. 2 (1982);  The
 Adjutant General, Delaware National Guard, 9 FLRA No. 1 (198