12:0358(77)CU - Environmental Protection Agency, Research Triangle Park, NC and AFGE (National) -- 1983 FLRAdec RP



[ v12 p358 ]
12:0358(77)CU
The decision of the Authority follows:


 12 FLRA No. 77
 
 U.S. ENVIRONMENTAL PROTECTION AGENCY
 RESEARCH TRIANGLE PARK, NORTH CAROLINA
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 AFL-CIO (NATIONAL)
 Labor Organization/Petitioner
 
                                            Case No. 4-CU-51
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    Upon an amended 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.
 
    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 of
 non-professional employees of the U.S. Environmental Protection Agency.
 At issue herein is whether, as contended by the Activity, Joseph Wilson,
 Computer Systems Analyst, GS-334-14, PD 7079;  Gerald Groon, Program
 Analyst, GS-345-14, P.D. 7491;  A. Steven Godar, Program Analyst,
 GS-345-14, P.D. 3708;  William F. Hamilton, Environmental Protection
 Specialist, GS-028-14, P.D. 7026;  and Curtiss Rickert Devereux,
 Environmental Protection Specialist, GS-028-13, P.D. 5689 are management
 officials who must now be excluded from the unit.  /1/
 
    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 of 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 Joseph Wilson and Gerald
 Groon are management officials.  Thus, the record establishes that
 Wilson, who is responsible for the Activity's automatic data processing
 facilities and equipment, sets standards and policies for the Activity
 with regard to the installation and removal of equipment and all of the
 support devices it takes to run the equipment.  Thus, Wilson has the
 authority to shutdown the Activity's computer centers if he feels that a
 situation has arisen which will damage the equipment and has the
 authority to expend Activity funds when an emergency arises that
 threatens the automatic data processing equipment.  Further, the record
 establishes that Groon, as the Activity's Automatic Data Processing
 Security Specialist, has developed security policy for the National
 Computer Center and has the authority to close down the facility in the
 event of a security violation.  It follows that the responsibilities of
 both Wilson and Groon require and 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.
 
    With respect to the other alleged management officials, the Authority
 finds that they are highly trained professionals who serve as resource
 persons and who assist in implementing, as opposed to shaping, the
 Activity's policies.  Specifically with regard to Godar who, like Groon,
 is classified as Program Analyst, GS-345-14, there is nothing in the
 record to establish that he develops Activity policy.  Rather, Godar
 serves as an expert in the area of public health by representing his
 office as a member of health and safety committees, preparing monthly
 progress and status reports for his office, and generally acting as a
 resource person for those who make policy.  Thus, the record is clear
 that Godar as well as Hamilton and Devereaux are not management
 officials in that they do not exercise any 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.  Accordingly, the Authority finds that these incumbents
 should remain in the bargaining unit.
 
                                   ORDER
 
 IT IS ORDERED that the unit sought to be clarified be, and it hereby is,
 clarified by excluding from said unit Joseph Wilson, Computer Systems
 Analyst, GS-334-14, P.D. 7079;  and Gerald Groon, Program Analyst,
 GS-345-14, P.D. 7491;  and by continuing to include in said unit A.
 Steven Godar, Program Analyst, GS-345-14, P.D. 3708;  William F.
 Hamilton, Environmental Protection Specialist, GS-028-14, P.D. 7026;
 and Curtiss Rickert Devereux, Environmental Protection Specialist,
 GS-028-13, P.D. 5689.  Issued, Washington, D.C., July 29, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ Section 7103(a)(11) defines a "managem