11:0198(45)CU - Marine Corps, Nonappropriated Fund Instrumentalities and AFGE Local 1786 -- 1983 FLRAdec RP



[ v11 p198 ]
11:0198(45)CU
The decision of the Authority follows:


 11 FLRA No. 45
 
 UNITED STATES MARINE CORPS,
 NONAPPROPRIATED FUND INSTRUMENTALITIES
 Activity/Petitioner /1/
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 1786, AFL-CIO
 Labor Organization
 
                                            Case No. 3-CU-96
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    Upon a petition duly filed with the 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 1786, AFL-CIO (AFGE) was certified on
 October 9, 1980 as the exclusive bargaining representative for a unit of
 all full-time, part-time, temporary and intermittent civilian and
 off-duty military non-appropriated fund employees of NAF
 Instrumentalities under the cognizance of the Battalion Commander,
 Headquarters, U.S. Marine Corps, Henderson Hall, Arlington, Virginia
 including the PX, Clubs, and Special Services located at Henderson Hall
 and Eighth and "I".  Essentially, the petition herein seeks to clarify
 the bargaining unit status of numerous incumbents (listed in the
 Appendix) in the job classifications characterized as Customer Service
 Supervisors and Department Supervisors /2/ based on the
 Activity/Petitioner's contentions that they are supervisors within the
 meaning of section 7103(a)(10) of the Statute.  /3/ The Authority
 agrees.  Thus, the record indicates that the incumbents assign and
 direct work, have effectively recommended hiring of and promotions for
 subordinates, and have disciplined subordinates.  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 these incumbents are supervisors within
 the meaning of section 7103(a)(10) of the Statute and shall order that
 they be excluded from the unit.
 
                                   ORDER
 
    IT IS HEREBY ORDERED that the unit sought to be clarified herein be,
 and it hereby is, clarified by excluding from said unit, as supervisors,
 those employees listed in the Appendix.  Issued, Washington, D.C.,
 February 1, 1983
                                       Ronald W. Haughton, Chairman
                                       Henry B. Frazier III, Member
                                       Leon B. Applewhaite, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
                                 APPENDIX
 
    EMPLOYEES ALLEGED TO BE SUPERVISORS
 
    B. Houck, Self Service Supervisor
 
    M. Chappel, Ladies Supervisor
 
    A. Brittain, Camera Supervisor
 
    N. Joe, Mens Supervisor
 
    T. Ishihara, Jewelry Supervisor
 
    C. Bononelli, Customer Service Supervisor
 
    R. Bailey, Case Lots Supervisor
 
    K. McCue, Annex Supervisor
 
    A. Beatson, Outdoor/Patio Supervisor
 
    S. Stone, Sporting Goods Supervisor
 
    B. Lavoie, Sound and Luggage Supervisor
 
    N. Lewis, Uniform Supervisor
 
    B. Lewis, Shoe Supervisor
 
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ The name of the Activity/Petitioner appears as amended at the
 hearing.
 
 
    /2/ At the hearing, the parties entered into stipulations with regard
 to the Marking Room Supervisor, Security Manager and Financial Manager
 which are deemed motions to amend the petition and are hereby granted.
 Accordingly, such positions will not be considered herein.
 
 
    /3/ 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