12:0231(52)CU - Naval Air Propulsion Center and AFGE Local 3673 -- 1983 FLRAdec RP
[ v12 p231 ]
12:0231(52)CU
The decision of the Authority follows:
12 FLRA No. 52
NAVAL AIR PROPULSION CENTER
Activity/Petitioner
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3673, AFL-CIO
Labor Organization
Case No. 2-CU-37
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, Local 3673, AFL-CIO (AFGE) was certified in May
1979, as the exclusive representative for a unit of all general schedule
employees of the Naval Air Propulsion Center. Essentially, the
petition, as amended at the hearing, seeks to clarify the bargaining
unit status of the 28 employees listed in the Appendix, seeking their
exclusion on the basis that either they are supervisors or management
officials. /1/ SUPERVISORS
In disagreement with the Activity/Petitioner, the Authority finds
that the incumbents listed in the Appendix are not supervisors within
the meaning of section 7103(a)(10) of the Statute. /2/ Thus, the record
establishes that although these incumbents 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 do
these incumbents exercise any of the other statutory indicia of
supervisory authority. Accordingly, the Authority concludes that they
are not supervisors and should remain in the unit. MANAGEMENT OFFICIALS
/3/
The Activity/Petitioner also contends that the employ