12:0116(31)CU - 2750th Air Base Wing, Air Force Logistics Command, Wright-Patterson AFB, OH and AFGE Council No. 214 -- 1983 FLRAdec RP
[ v12 p116 ]
The decision of the Authority follows:
12 FLRA No. 31 2750th AIR BASE WING, AIR FORCE LOGISTICS COMMAND, WRIGHT-PATTERSON AIR FORCE BASE, OHIO Activity/Petitioner and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, COUNCIL NO. 214 /1/ Labor Organization Case No. 5-CU-42 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, /2/ the Authority finds: The American Federation of Government Employees, Council No. 214 (AFGE) was certified as the exclusive representative for a consolidated unit of all nonprofessional employees of the Air Force Logistics Command, Wright-Patterson Air Force Base, Ohio. Essentially, the petition herein seeks to clarify the bargaining unit status of nine incumbents. /3/ The Activity/Petitioner contends that the following individuals are supervisors within the meaning of section 7103(a)(10) of the Statute, /4/ and should be excluded from the unit: John J. Glaser, Logistics Management Specialist, GS-346-13, P.N. 27418-002; Louis L. Dalton, Logistics Management Specialist, GS-346-13, P.N. 27418-003; Thomas Showers, Logistics Management Specialist, GS-346-13, P.N. 27418-005; Dominick Colucci, Logistics Management Specialist, GS-346-13, P.N. 27417-001; Charles B. Jackson, Logistics Management Specialist, GS-346-13, P.N. 27417-002; David C. Lyons, Logistics Management Specialist, GS-346-13, P.N. 27417-003; James F. Glidewell, Logistics Management Specialist, GS-346-13, P.N. 27417-004; Rose M. Wright, Inventory Management Specialist, GS-2010-13, P.N. 19211-001; and Albert D. Enge, Supply Systems Analyst, GS-2003-13, P.N. 27301-001. Of these, the record establishes that Glidewell assigns and directs work and has effectively recommended the hiring of subordinates. The Authority further finds that the above duties are not merely routine or clerical in nature, but require the consistent exercise of independent judgment. Accordingly, Glidewell is a supervisor within the meaning of section 7103(a)(10) of the Statute and shall be excluded from the unit. The Authority further concludes that although the remaining employees may, on occasion, direct or assign work to subordinates, such functions are routine in nature and do not require the consistent exercise of independent judgment. Nor does it appear from the record that these employees exercise any of the other statutory indicia of supervisory authority. Accordingly, the Authority concludes that they are not supervisors within the meaning of section 7103(a)(10) of the Statute and thus should remain in the unit. ORDER IT IS ORDERED that the unit sought to be clarified herein is hereby clarified by excluding from said unit James F. Glidewell, Logistics Management Specialist, GS-346-13, P.M. 27417-004. IT IS FURTHER ORDERED that, with regard to all other individuals sought to be excluded herein, the petition be, and it hereby is, dismissed. 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 name of the Labor Organization appears as amended at the hearing. /2/ As the Activity/Petitioner's brief was untimely filed, it has not been considered. /3/ During the course of the hearing, the parties stipulated that certain employees were supervisors and should be excluded from the unit. The parties further stipulated that certain other job classifications should be removed from consideration herein. The Authority deems such stipulations to be motions to amend the petition which are hereby granted. Further, one of the positions in dispute was vacant at the time of the hearing: Logistics Management Specialist, GS-346-13, P.N. 27418-001. The Authority will not make eligibility determinations for vacant positions. U.S. Army Materials and Mechanics Research Center, 11 FLRA No. 46 (1983), at n.3. Accordingly, the Authority shall order that the petition be dismissed to the extent that it seeks to clarify the unit eligibility of this position. /4/ 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. . . .