11:0201(46)CU - Army Materials and Mechanics Research Center and AFGE Local 3176 -- 1983 FLRAdec RP



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11:0201(46)CU
The decision of the Authority follows:


 11 FLRA No. 46
 
 U.S. ARMY MATERIALS AND MECHANICS
 RESEARCH CENTER
 Activity/Petitioner
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 3176, AFL-CIO /1/
 Labor Organization/Petitioner
 
                                            Case No. 1-CU-30
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    Upon a joint 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.  /2/
 
    Upon careful consideration of the entire record, including the
 parties' contentions, the Authority finds:  The American Federation of
 Government Employees, Local 3176, AFL-CIO (AFGE) was recognized on
 February 12, 1963 as the exclusive bargaining representative for a unit
 of all professional personnel at the U.S. Army Materials and Mechanics
 Research Center.  Essentially, the petition herein seeks to clarify the
 bargaining unit status of numerous incumbents in various job
 classifications based on the Activity's contention that they are
 supervisors, management officials or both.  /3/ SUPERVISORS /4/
 
    The Activity contends that the employees listed in Appendix A are
 supervisors and should be excluded from the unit.  Of these, the record
 establishes that Gary Hagnauer, Research Chemist, GS-1320-14, assigns
 and directs work and has effectively recommended the hiring of
 subordinates;  that Robert Sacher, Research Chemist, GS-1320-13, assigns
 and directs work and has effectively recommended the hiring of and
 awards and promotions for subordinates;  that Robert Singler, Research
 Chemist, GS-1320-13, assigns and directs work, disciplines subordinates
 and has effectively recommended the hiring of subordinates;  that
 Stanley Wentworth, Research Chemist, GS-1320-13, assigns and directs
 work and has effectively recommended the hiring of subordinates;  that
 Anthony Alesi, Materials Engineer, GS-806-13, assigns and directs work
 and has effectively recommended the hiring of and awards for
 subordinates;  that Charles Gazzara, Materials Research Engineer,
 GS-806-14, assigns and directs work and has effectively recommended
 subordinates for awards;  that Raymond Middleton, Metallurgist,
 GS-1321-13, assigns and directs work and has effectively recommended the
 hiring of and awards for subordinates;  that Jiro Adachi, Research
 Mechanical Engineer, GS-830-14, assigns and directs work and has
 effectively recommended subordinates for awards;  that Ralph Papirno,
 Research Mechanical Engineer, GS-830-14, assigns and directs work and
 has effectively recommended the hiring of subordinates;  that John
 Slepetz, Research Civil Engineer, GS-810-13, assigns and directs work
 and has effectively recommended subordinates for promotions;  that
 Burton Parker, Mechanical Engineer, GS-830-13, assigns and directs work
 and has effectively recommended the hiring of and awards for
 subordinates;  that Donald Oplinger, Physicist (Mech) GS-1310-13,
 assigns and directs work and has effectively recommended subordinates
 for transfer;  that Walter Roy, Materials Engineer, GS-806-13, assigns
 and directs work and has effectively recommended the hiring of and
 awards and promotions for subordinates;  that Shun-Chin Chou, Mechanical
 Engineer, GS-830-14, assigns and directs work and has effectively
 recommended the hiring of and awards and promotions for subordinates;
 that Bernard Goldberg, Intelligence Research Specialist, GS-132-13,
 assigns and directs work and has hired subordinates;  and that Gordon
 Parsons, Mechanical Engineer, GS-830-13;  Donald Messier, Research
 Ceramic Engineer, GS-892-14;  George Gazza, Research Ceramic Engineer,
 GS-892-13;  Joseph Bluhm, Research Mechanical Engineer, GS-830-15;  and
 Otto Gericke, Physicist, GS-1310-14, assign and direct work of
 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, these incumbents are
 supervisors within the meaning of section 7103(a)(10) of the Statute and
 the Authority shall order that they be excluded from the unit.  /5/
 
    The Authority further finds that John Antal, Research Physicist,
 GS-1310-15 and Harold Hatch, Physicist, GS-1310-13 are not supervisors
 within the meaning of section 7103(a)(10) of the Statute as the record
 indicates that these employees do not exercise any of the statutory
 indicia of supervisory authority.  Accordingly, the Authority shall
 order that they remain in the bargaining unit.  MANAGEMENT OFFICIALS /6/
 
    The Activity contends that the employees 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 that the employees listed in Appendix B are not
 management officials and should be included in the bargaining unit.  The
 record establishes that these employees are highly trained professionals
 whose actions assist in implementing, as opposed to shaping, the
 Activity's overall policies.  Thus, the record is clear 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.  Accordingly,
 the Authority shall order that these incumbents remain in the bargaining
 unit.
 
                                   ORDER
 
    IT IS ORDERED that the unit sought to be clarified herein be, and it
 hereby is, clarified by excluding from said unit:  Gary Hagnauer,
 Research Chemist, GS-1320-14;  Robert Sacher, Research Chemist,
 GS-1320-13;  Robert Singler, Research Chemist, GS-1320-13;  Stanley
 Wentworth, Research Chemist, GS-1320-13;  Gordon Parsons, Mechanical
 Engineer, GS-830-13;  Anthony Alesi, Materials Engineer, GS-806-13;
 Charles Gazzara, Materials Research Engineer, GS-806-14;  Raymond
 Middleton, Metallurgist, GS-1321-13;  Donald Messier, Research Ceramic
 Engineer, GS-892-14;  George Gazza, Research Ceramic Engineer,
 GS-892-13;  Jiro Adachi, Research Mechanical Engineer, GS-830-14;  Ralph
 Papirno, Research Mechanical Engineer, GS-830-14;  John Slepetz,
 Research Civil Engineer, GS-810-13;  Burton Parker, Mechanical Engineer,
 GS-830-13;  Donald Oplinger, Physicist (MECH), GS-1310-13;  Joseph
 Bluhm, Research Mechanical Engineer, GS-830-15;  Walter Roy, Materials
 Engineer, GS-806-13;  Otto Gericke, Physicist, GS-1310-14;  Shun-Chin
 Chou, Mechanical Engineer, GS-830-14;  and Bernard Goldberg,
 Intelligence Research Specialist, GS-132-13.
 
    IT IS FURTHER ORDERED that the unit be clarified by including in said
 unit John Antal, Research Physicist, GS-1310-15;  Harold Hatch,
 Physicist, GS-1310-13 and the employees listed in Appendix B.
 
    IT IS FURTHER ORDERED that, with regard to all other job
 classifications sought to be excluded herein, the petition be, and it
 hereby is dismissed.  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 A
 
    Employees Alleged To Be Supervisors
 
    (1) Gary Hagnauer, Research Chemist, GS-1320-14
 
    (2) Robert Sacher, Research Chemist, GS-1320-13
 
    (3) Robert Singler, Research Chemist, GS-1320-13
 
    (4) Stanley Wentworth, Research Chemist, GS-1320-13
 
    (5) John Antal, Research Physicist, GS-1310-15
 
    (6) Gordon Parsons, Mechanical Engineer, GS-830-13
 
    (7) Anthony Alesi, Materials Engineer, GS-806-13
 
    (8) Charles Gazzara, Materials Research Engineer, GS-806-14
 
    (9) Raymond Middleton, Metallurgist, GS-1321-13
 
    (10) Donald Messier, Research Ceramic Engineer, GS-892-14
 
    (11) George Gazza, Research Ceramic Engineer, GS-892-13
 
    (12) Jiro Adachi, Research Mechanical Engineer, GS-830-14
 
    (13) Ralph Papirno, Research Mechanical Engineer, GS-830-14
 
    (14) John Slepetz, Research Civil Engineer, GS-810-13
 
    (15) Burton Parker, Mechanical Engineer, GS-830-13
 
    (16) Donald Oplinger, Physicist (MECH), GS-1310-13
 
    (17) Joseph Bluhm, Research Mechanical Engineer, GS-830-15
 
    (18) Walter Roy, Materials Engineer, GS-806-13
 
    (19) Otto Gericke, Physicist, GS-1310-14
 
    (20) Harold Hatch, Physicist, GS-1310-13
 
    (21) Shun-Chin Chou, Mechanical Engineer, GS-830-14
 
    (22) Bernard Goldberg, Intelligence Research Specialist, GS-132-13
 
                                APPENDIX B
 
    Employees Alleged To Be Management Officials
 
    (1) Clyde R. Desper, Research Chemist, GS-1320-14
 
    (2) Anthony Wilde, Research Chemist, GS-1320-13
 
    (3) Paul Sagalyn, Research Physicist, GS-1310-15
 
    (4) Christopher Walker, Research Physicist, GS-1310-15
 
    (5) John Johnson, Research Chemist, GS-1320-15
 
    (6) Ralph Harrison, Research Physicist, GS-1310-15
 
    (7) David Chipman, Research Physicist, GS-1310-15
 
    (8) John Antal, Research Physicist, GS-1310-15
 
    (9) Kenneth Tauer, Research Physicist, GS-1310-14
 
    (10) Lawrence Shepard, Materials Engineer, GS-806-14
 
    (11) Kenneth Moon, Research Chemist, GS-1320-14
 
    (12) Arthur Kant, Research Physical Chemist, GS-1320-14
 
    (13) Laurence Jennings, Research Physicist, GS-1310-14
 
    (14) William Croft, Research Geologist, GS-1350-14
 
    (15) Paul Ahern, Metallurgist, GS-1321-14
 
    (16) Robert Fitzpatrick, Materials Engineer, GS-806-13
 
    (17) Thomas Hynes, Research Chemist, GS-1310-13
 
    (18) Forrest Burns, Research Chemist, GS-1320-13
 
    (19) Sinshong Lin, Research Chemist, GS-1320-13
 
    (20) Janet Perkins, Research Chemist, GS-1320-13
 
    (21) Paul Fopiano, Metallurgist, GS-1321-13
 
    (22) Chester Zabielski, Metallurgist, GS-1321-13
 
    (23) Anthony Wong, Materials Engineer, GS-806-13
 
    (24) Charles Hickey, Metallurgist, GS-1321-13
 
    (25) Weily Chiao, Metallurgist, GS-1321-13
 
    (26) Morris Azrin, Metallurgist, GS-1321-13
 
    (27) Albert Anctil, Mechanical Engineer, GS-830-13
 
    (28) John Nunes, Materials Research Engineer, GS-806-13
 
    (29) Eugene Dicesare, Materials Research Engineer, GS-806-13
 
    (30) Frederick Hannon, Mechanical Engineer, GS-830-13
 
    (31) Frank Hodl, Metallurgist, GS-1321-13
 
    (32) Ernest Kinas, Mechanical Engineer, GS-830-13
 
    (33) Saul Isserow, Research Chemist, GS-1320-13
 
    (34) Charles Levy, Research Chemist, GS-1320-13
 
    (35) George M. Harris, Research Ceramic Engineer, GS-892-13
 
    (36) Jaroslav Caslavsky, Research Physical Scientist, GS-1301-13
 
    (37) Morton Kliman, Research Ceramic Engineer, GS-892-13
 
    (38) Dennis Tracy, Mechanical Engineer, GS-830-13
 
    (39) Colin Freese, Research Mechanical Engineer, GS-830-13
 
    (40) George Bishop, Metallurgist, GS-1321-14
 
    (41) Eugenio DeLuca, Materials Engineer, GS-806-14
 
    (42) Joseph Prifti, Materials Engineer, GS-806-13
 
    (43) Arthur Ayvazian, Metallurgist, GS-1321-13
 
    (44) Robert Maldoon, Mechanical Engineer, GS-830-13
 
    (45) Tien Yu Tsui, Mechanical Engineer, GS-830-13
 
    (46) James Quigley, Mechanical Engineer, GS-830-13
 
    (47) Socrates Sotir, Chemist, GS-1320-13
 
    (48) Edward Clegg, Chemist, GS-1320-13
 
    (49) Thomas Reilly, Materials Engineer, GS-806-13
 
    (50) Patrick McEleney, Physicist, GS-1310-13
 
    (51) Samuel Acquaviva, Mechanical Engineer, GS-830-13
 
    (52) Harold Hatch, Physicist, GS-1310-13
 
    (53) Michael Kornitzky, Chemical Engineer, GS-893-13
 
    (54) Anton Hofman, Research Physicist, GS-1310-14
 
    (55) Lewis Aronin, Materials Engineer, GS-806-14
 
    (56) Dattatraya Dandekar, Physicist, GS-1310-13
 
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ The name of the Labor Organization appears as amended at the
 hearing.
 
 
    /2/ The Authority specifically finds that the hearing officer, in
 this investigatory proceeding, did not err by allowing Agency Exhibit
 172 into evidence.
 
 
    /3/ During the course of the hearing, the Joint Petitioners amended
 their petition by withdrawing certain job classifications from
 consideration by the Authority.
 
    Further, the record reveals that four of the positions in dispute
 were vacant at the time of the hearing:  Materials Engineer, GS-806-14,
 J.N., 6872;  Physicist, GS-1310-13 J.N., 8409;  Research Mechanical
 Engineer, GS-830-14, J.M. 6690;  and Mechanical Engineer, GS-830-13 J.N.
 8395.  The Authority will not make eligibility determinations for vacant
 positions.  U.S. Army Natick Research and Development Laboratories, 9
 FLRA No. 4 (1982).  Accordingly, the Authority shall order that the
 petition be dismissed to the extent that