12:0119(32)CU - EPA, Research Triangle Park, NC and AFGE -- 1983 FLRAdec RP



[ v12 p119 ]
12:0119(32)CU
The decision of the Authority follows:


 12 FLRA No. 32
 
 U.S. ENVIRONMENTAL PROTECTION AGENCY
 RESEARCH TRIANGLE PARK, NORTH CAROLINA
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 Petitioner
 
                                            Case No. 4-CU-52
 
                    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, AFL-CIO (AFGE) was certified on January 8, 1980 as
 the exclusive bargaining representative for a consolidated unit to
 professional employees of the U.S. Environmental Protection Agency
 including the unit located at U.S. Environmental Protection Agency,
 Research Triangle Park, North Carolina which AFGE seeks to clarify
 herein.  Essentially, the petition seeks to clarify the bargaining unit
 status of four employees based on the Activity's allegation that they
 are management officials.  /1/
 
    The Activity contends that John L. McGinnity, Environmental Engineer,
 GM-819-14, P.D. 7555;  John D. Bachmann, Environmental Engineer,
 GS-819-14, P.D. 6327;  Darryl J. VonLehmden, Chemical Engineer,
 GM-893-14, P.D. 6259;  and Richard C. Dickerson, Physical Scientist,
 GS-1301-14, P.D. 7436 are management officials and must be excluded from
 the unit.  /2/ 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 although
 the incumbents of the job classifications listed above are highly
 trained professionals whose actions assist in implementing, as opposed
 to shaping, the Activity's policies, they currently do not exercise
 duties and 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 as interpreted by the
 Authority.  See U.S. Army Engineer Topographic Laboratories, Fort
 Belvoir, Virginia, 10 FLRA No. 26 (1982).  Accordingly, the Authority
 finds that they are not management officials and therefore should be
 included in the bargaining unit.
 
                                   ORDER
 
    IT IS ORDERED that the unit sought to be clarified herein be, and it
 hereby is, clarified by including in said unit John L. McGinnity,
 Environmental Engineer, GM-819-14, P.D. 7555;  John D. Bachmann,
 Environmental Engineer, GS-819-14, P.D. 6327;  Darryl J. VonLehmden,
 Chemical Engineer, GM-893-14, P.D. 6259;  and Richard C. Dickerson,
 Physical Scientist, GS-1301-14, P.D. 7436.  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 original petition sought to clarify some 35 classifications
 covering 86 employees;  however, prior to the hearing, the parties
 resolved the status of all but five positions.  During the course of the
 hearing, the parties stipulated that Robert T. Walsh, Chemical Engineer,
 GS-893-14, P.D. 6028 is a supervisor and should b