12:0152(37)CU - NASA, HQ, Administration Division and NASA HQ Professional Association, Local 9, A/W IFPTE; NASA, HQ, Administration Division and NASA HQ Professional Association, Local 9, A/W IFPTE -- 1983 FLRAdec RP



[ v12 p152 ]
12:0152(37)CU
The decision of the Authority follows:


 12 FLRA No. 37
 
 NATIONAL AERONAUTICS AND SPACE
 ADMINISTRATION, HEADQUARTERS,
 ADMINISTRATION DIVISION
 Petitioner/Activity
 
 and
 
 NASA HEADQUARTERS PROFESSIONAL ASSOCIATION,
 LOCAL 9, A/W INTERNATIONAL FEDERATION OF
 PROFESSIONAL AND TECHNICAL ENGINEERS, AFL-CIO
 Union
                                            Case No. 3-AC-38
 
 NATIONAL AERONAUTICS AND SPACE
 ADMINISTRATION, HEADQUARTERS,
 ADMINISTRATION DIVISION
 Petitioner/Activity
 
 and
 
 NASA HEADQUARTERS PROFESSIONAL ASSOCIATION,
 LOCAL 9, A/W INTERNATIONAL FEDERATION OF
 PROFESSIONAL AND TECHNICAL ENGINEERS, AFL-CIO
 Union
                                            Case No. 3-CU-81
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    Upon petitions duly filed with the Federal Labor Relations Authority
 under section 7111(b)(2) of the Federal Service Labor-Management
 Relations Statute (the Statute), a consolidated 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:  In Case No. 3-AC-38, the
 Activity/Petitioner seeks to amend the unit description from
 
       all full-time classified scientists and engineers in NASA class
       codes 200, 700 and 900 employed by NASA headquarters in the
       greater Washington, D.C. area, including the Germantown, Maryland
       location, excluding management officials, supervisors, supergrade
       (GS-16 and above) employees and whose in excepted positions
 
                                    to
 
       all full-time classified scientists and engineers in NASA class
       codes 200, 700 and 900 employed by NASA headquarters at
       Washington, D.C., excluding management officials, supervisors and
       those in supergrade (GS-16 and above), Senior Executive Service,
       and excepted positions.
 
 The Activity/Petitioner seeks this change to reflect that the
 Germantown, Maryland location was closed down;  that bargaining unit
 members are presently located in Washington, D.C.; and the establishment
 of the Senior Executive Service (SES).  /1/ The petition also seeks to
 amend the certification to reflect a 1972 name change of the union from
 "Local 9, American Federation of Technical Engineers, AFL-CIO" to "NASA
 Headquarters Professional Association, Local 9, A/W International
 Federation of Professional and Technical Engineers, AFL-CIO";  the union
 does not object to this change.
 
    The Authority finds, in agreement with the Activity/Petitioner, that
 the term "at Washington, D.C." correctly describes the geographical
 location of the bargaining unit since bargaining unit employees are now
 located only at three office buildings in Washington, D.C. and there are
 no plans to locate them elsewhere.  Accordingly, the Authority will
 order that the unit certification be amended to reflect the change
 sought in the petition in Case No. 3-AC-38.
 
    In Case No. 3-CU-81, the Activity/Petitioner seeks to clarify the
 status of numerous employees who it contends should be excluded from the
 recognized bargaining unit on the grounds that they are supervisors,
 management officials or both.  /2/ Supervisors /3/
 
    The Activity/Petitioner contends that the employees listed in
 Appendix A are supervisors and should be excluded from the unit.  Of
 these, the record establishes that Robert Sommer, GS-801-15, assigns and
 directs work, has effectively recommended the hiring of and awards for
 subordinates;  that Ronald Engel, GS-801-14, assigns and directs work,
 has effectively recommended the hiring of and promotions and awards for
 subordinates, and adjusts grievances;  that Joseph Labow, GS-801-15,
 assigns and directs work and has effective recommended the hiring of and
 awards and promotions for subordinates;  that Edgar Kersey Jr.,
 GS-801015, assigns and directs work and has hired subordinates;  that
 Robert Schmidt, GS-861-15, assigns and directs work and has effectively
 recommended subordinates for promotion;  that George Baker, GS-801-14,
 assigns and directs work, has effectively recommended the hiring of
 subordinates and has disciplined subordinates;  that Mark Bensinon,
 GS-801-14, assigns and directs work and has effectively recommended the
 hiring of subordinates;  that Robert Murphy, GS-1301-14, assigns and
 directs work and has effectively recommended the hiring of and
 promotions for subordinates;  that Bevan French, GS-1330-15, assigns and
 directs work and has effectively recommended the hiring of and awards
 for subordinates;  that William Quaide, GS-1330-15, assigns and directs
 work and has effectively recommended the hiring of and awards for
 subordinates;  that Paul Wetzel, GS-861-15, assigns and directs work,
 has effectively recommended the hiring of subordinates and has
 disciplined subordinates;  that Harry Quong, GS-861-15, assigns and
 directs work and has effectively recommended subordinates for awards;
 that Raymond Whitten, GS-801-15, assigns and directs work, and has
 effectively recommended subordinates for promotion;  that Harold Theiss,
 GS-855-15, assigns and directs work and has hired subordinates;  and
 that William Coupland, GS-801-15, Lewis Andrews, GS-801-14, B. R.
 McCullar, GS-861-15, Gilbert Roth, GS-801-15, Rodney Mills, GS-861-15,
 Joseph Boyce, GS-1330-14, Donald DeVincenzi, GS-1301-15, James Allman,
 GS-861-15, and Thomas Stewart, GS-861-15 assign and direct the work of
 their 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 concludes
 that 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.  /4/
 
    The Authority further finds that the remaining incumbents listed in
 Appendix A are not supervisors within the meaning of section 7103(a)(10)
 of the Statute.  Thus, the record establishes that although these
 incumbents may have some responsibility for assigning work to certain
 employees and directing them in the performance of that work, such
 functions are routine in nature and do not require the consistent
 exercise of independent judgement.  Nor do the incumbents in these
 positions exercise any of the other statutory indicia of supervisory
 authority.  Accordingly, the Authority concludes that they should remain
 in the bargaining unit.  Management Officials /5/
 
    The Activity/Petitioner contends that the employees listed in
 Appendix B are management officials and must 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
 Ernest Keith, GS-855-14, is a management official.  Thus, Keith has
 authorized numerous NASA management instructions, memoranda of
 understanding and memoranda of agreement which have established
 Activity, as well as Department of the Air Force and Department of
 Defense policy in the area of tele-communications, the Space Shuttle,
 and security requirements.  It follows that he formulates, determines
 and influences the policies of the Activity within the meaning of
 section 7103(a)(11) of the Statute as interpreted by the Authority.
 
    With respect to the other alleged management officials, the Authority
 finds that they are highly trained and educated professionals whose
 actions assist in the implementation and carrying out, as opposed to
 shaping, the Activity's overall policies.  Thus, the record is clear
 that these incumbents are not management officials in 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
 
    In Case No. 3-AC-38, IT IS HEREBY ordered that the description of the
 bargaining unit previously certified on May 15, 1970 be amended to read:
 
          All full-time classified scientists and engineers in NASA class
       codes 200, 700, and 900 employed by NASA headquarters at
       Washington, D.C., excluding those in supergrade (GS-16 and above),
       Senior Executive Service, management officials, supervisors,
       employees described in section 7112(b)(2), (3), (4), (6) and (7)
       of the Federal Service Labor-Management Relations Statute.
 
 IT IS FURTHER ORDERED that the Certification of Representative be
 amended to reflect the change of name of the exclusive representative to
 NASA Headquarters Professional Association, Local 9, A/W the
 International Federation of Professional and Technical Engineers,
 AFL-CIO.
 
    In Case No. 3-CU-81, IT IS ORDERED that the unit sought to be
 clarified be, and it hereby is, clarified by excluding from said unit
 the following employees:  Robert Sommer, GS-801-15;  Ronald Engel,
 GS-801-14;  Joseph Labow, GS-801-15;  Edgar Kersey, Jr. GS-801-15;
 Robert Schmidt, GS-861-15;  George Baker, GS-801-14;  Mark Bensinon,
 GS-801-14;  B. R. McCullar, GS-861-15;  Rodney Mills, GS-861-15;  Robert
 Murphy, GS-1301-14;  Bevan French, GS-1330-15;  William Quaide,
 GS-1330-15;  Joseph Boyce, GS-1330-14;  Donald DeVincenzi, GS-1301-15;
 Paul Wetzel, GS-861-15;  James Allman, GS-861-15;  Thomas Stewart,
 GS-861-15;  Harry Quong, GS-861-15;  Raymond Whitten, GS-801-15;  Harold
 Theiss, GS-855-15;  William Coupland, GS-801-15;  Gilbert Roth,
 GS-801-15;  Lewis Andrews, GS-801-14;  and Ernest Keith, GS-855-14.
 
    IT IS FURTHER ORDERED that, with regard to all other employees sought
 to be excluded, the petition in Case No. 3-CU-81 is dismissed.  Issued,
 Washington, D.C., June 7, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
                                APPENDIX A
 
                    Employees Alleged To Be Supervisors
 
    (1) Robert Sommer, GS-801-15
 
    (2) Ronald Engel, GS-801-14
 
    (3) Joseph Labow, GS-801-15
 
    (4) Edgar Kersey, GS-801-15
 
    (5) Robert Schmidt, GS-861-15
 
    (6) Richard Ott, GS-801-15
 
    (7) William Green, GS-801-15
 
    (8) Don Turner, GS-801-15
 
    (9) Robert Tucker, GS-801-14
 
    (10) George Baker, GS-801-14
 
    (11) Mark Bensinon, GS-801-14
 
    (12) B. R. McCullar, GS-861-15
 
    (13) Rodney Mills, GS-861-15
 
    (14) Robert Murphy, GS-1301-14
 
    (15) Bevan French, GS-1330-15
 
    (16) William Quaide, GS-1330-15
 
    (17) Joseph Boyce, GS-1330-14
 
    (18) Donald DeVincenzi, GS-1301-15
 
    (19) Paul Wetzel, GS-861-15
 
    (20) James Allman, GS-861-15
 
    (21) Thomas Stewart, GS-861-15
 
    (22) Harry Quong, GS-861-15
 
    (23) Raymond Whitten, GS-801-15
 
    (24) Harold Theiss, GS-855-15
 
    (25) William Coupland, GS-801-15
 
    (26) Gilbert Roth, GS-801-15
 
    (27) Lewis Andrews, GS-801-14
 
                                APPENDIX B
 
               Employees Alleged To Be Management Officials
 
    (1) Thomas Kerr, GS-840-15
 
    (2) Wayne Frazier, GS-803-14
 
    (3) Jay Salmanson, GS-861-15
 
    (4) Peter Eaton, GS-861-15
 
    (5) Paul Goozh, GS-861-15
 
    (6) Richard Ott, GS-801-15
 
    (7) William Green, GS-801-15
 
    (8) Don Turner, GS-801-15
 
    (9) Robert Tucker, GS-801-14
 
    (10) Henry Clarks, GS-801-14
 
    (11) Earnest Keith, GS-855-14
 
    (12) John Moye, GS-855-15
 
    (13) Sterling Smith, GS-861-15
 
    (14) John Warner, GS-861-14
 
    (15) Arthur Reetz, GS-861-15
 
    (16) Lawrence Chambers, GS-861-15
 
    (17) Paul Rambaut, GS-1301-15
 
    (18) James Bredt, GS-1330-14
 
    (19) Thora Halstead, GS-413-14
 
    (20) John Glaab, GS-861-15
 
    (21) B. C. Lam, GS-861-15
 
    (22) George Levin, GS-861-15
 
    (23) Irving Davids, GS-861-15
 
    (24) Oliver Bumgardner, GS-801-15
 
    (25) William Cofield, GS-801-15
 
    (26) David Scruggs, GS-855-15
 
    (27) Thomas Albert, GS-861-14
 
    (28) Robert Kyle, GS-861-15
 
    (29) Paul Davis, GS-861-15
 
    (30) Richard Storm, GS-861-15
 
    (31) Mark Nolan, GS-801-14
 
    (32) Thomas West, GS-803-15
 
    (33) William Wilson, GS-855-15
 
    (34) Lawrence McGoldrick, GS-1301-15
 
    (35) Robert McNeal, GS-1301-15
 
    (36) John Theom, GS-801-15
 
    (37) Robert Schiffer, GS-801-15
 
    (38) James Dodge, GS-801-15
 
    (39) Jerome Freibaum, GS-801-15
 
    (40) John Kiebler, GS-855-15
 
    (41) John