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12:0103(28)CU
The decision of the Authority follows:
12 FLRA No. 28
U.S. DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY OF TRANSPORTATION
Activity
and
LOCAL 3313, AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES, AFL-CIO
Labor Organization/Petitioner
Case No. 3-CU-20019
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. /1/
Upon careful consideration of the entire record, including the
parties' contentions, the Authority finds: Local 3313, American
Federation of Government Employees, AFL-CIO (AFGE) was certified on June
17, 1974, as the exclusive bargaining representative for a unit of all
professional employees of the Activity. AFGE seeks herein to continue
to include in its unit two employees, Jane Lawson, Economist GS-110-15,
(Job Position No. 79-618) and Ralis Pieridies, Regulations Specialist
GM-301-15, (Job Position No. 82-117) /2/ who the Activity alleges must
be excluded from the unit, since they are management officials within
the meaning of section 7103(a)(11) of the Statute. /3/
The record reflects that Lawson, as an economist in the Activity's
Economics Studies Division, Office of Economics, is primarily
responsible for analysis and development of economic data relating to
transportation activities. She assists in developing action
alternatives which others in the Activity's hierarchy utilize in the
development and implementation of Activity policy. Pieridies is a
regulations specialist on the Deepwater Port Staff, Economic Studies
Division. Under the direction of a supervisor, he utilizes his civil
engineering background and deepwater port regulating experience to
recommend new regulations, implement existing regulations, and review
legislative proposals involving deepwater ports.
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. In applying these
criteria to the instant case, the Authority finds that neither Lawson
nor Pieridies are management officials. Thus, while they may assist in
the development and implementation of Activity policy, they are not
management officials within the meaning of section 7103(a)(11) of the
Statute as interpreted by the Authority in Department of the Navy.
Rather, they are more akin to experts rendering useful resource
information.
ORDER
IT IS HEREBY ORDERED that the unit sought to be clarified herein be,
and it hereby is, clarified by continuing to include in said unit Jane
Lawson, Economist, GS-110-15; and Ralis Pieridies, Regulations
Specialist, GM-301-15. Issued, Washington, D.C., June 2, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
/1/ The Activity filed a motion to disqualify the hearing officer
which was denied by the Authority on January 27, 1983.
/2/ AFGE amended its petition at the hearing by withdrawing from
consideration by the Authority the incumbents of two other positions.
/3/ Section 7103(a)(11) defines a "management official" as:
. . . an individual employed by an agency in a position the duties
and responsibilities of which require or authorize the individual
to formulate, determine, or influence the policies of the agency.
. . .