12:0358(77)CU - Environmental Protection Agency, Research Triangle Park, NC and AFGE (National) -- 1983 FLRAdec RP
[ v12 p358 ]
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 "management official" as: " . . . an individual employed by an agency in a position the duties and responsibilities of which require or authorize the individual to formulate, determine, or influence the policies of the agency . . . .