11:0186(41)CU - Coast Guard HQ and AFGE Local 3313 -- 1983 FLRAdec RP



[ v11 p186 ]
11:0186(41)CU
The decision of the Authority follows:


 11 FLRA No. 41
 
 U.S. COAST GUARD HEADQUARTERS
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 3313, AFL-CIO /1/
 Petitioner
 
                                            Case No. 3-CU-90
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    Upon a 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 American Federation of
 Government Employees, Local 3313, AFL-CIO (AFGE) was certified on July
 11, 1972, as the exclusive bargaining representative for a unit of all
 nonsupervisory professional and nonprofessional general schedule and
 wage grade employees of the United States Coast Guard Headquarters,
 Washington, D.C.  Essentially, AFGE's petition seeks to clarify the unit
 status of John Carros, Electronics Engineer, GS-855-14, who the Activity
 contends should be excluded from the bargaining unit on the ground that
 he is a supervisor, management official or both.
 
    The Authority finds, in agreement with AFGE, that Carros is not a
 supervisor since the record clearly establishes that Carros does not
 exercise any of the indicia of supervisory authority set forth in
 section 7103(a)(10) of the Statute.  /2/ Rather, the record establishes
 that Carros, as a project team leader, has technical responsibility for
 his project, but does not have any employees directly assigned to him.
 
    The Authority further finds that Carros is not a management official
 within the meaning of section 7103(a)(11) of the Statute.  /3/ 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
 specific facts of the instant case, the Authority finds that Carros is
 not a management official.  The record establishes that Carros is a
 highly trained professional whose actions assist in implementing, as
 opposed to shaping the Activity's policies, plans or courses of action.
 Thus, Carros does not exercise any duties or responsibilities which
 require or authorize him to formulate, determine, or influence the
 policies of the Activity within the meaning of section 7103(a)(11) of
 the Statute.  /4/
 
    Accordingly, as the Authority has found that the incumbent is neither
 a supervisor nor a management official, it is ordered that the unit
 sought to be clarified herein be, and it hereby is, clarified by
 including in said unit John Carros, Electronics Engineer, GS-855-14.
 Issued, Washington, D.C., January 28, 1983
                                       Ronald W. Haughton, Chairman
                                       Henry B. Frazier III, Member
                                       Leon B. Applewhaite, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ The name of the Petitioner appears as amended at the hearing.
 
 
    /2/ Section 7103(a)(10) 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/ Section 7103(a)(11) defines a "management official" as:
 
          . . . an individual