12:0621(118)CU - NASA, George C. Marshall Space Flight Center, AL and Marshall Engineers and Scientists Association Affiliated with IFPTE Local 27 -- 1983 FLRAdec RP



[ v12 p621 ]
12:0621(118)CU
The decision of the Authority follows:


 12 FLRA No. 118
 
 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
 GEORGE C. MARSHALL SPACE FLIGHT CENTER
 ALABAMA
 Activity/Petitioner
 
 and
 
 MARSHALL ENGINEERS AND SCIENTISTS ASSOCIATION
 AFFILIATED WITH INTERNATIONAL FEDERATION OF
 PROFESSIONAL/TECHNICAL ENGINEERS
 AFL-CIO, LOCAL 27
 Labor Organization
 
                                            Case No. 4-CU-38
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    Upon a 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, /1/ the Authority finds:  the Marshall Engineers
 and Scientists Association, affiliated with the International Federation
 of Professional/Technical Engineers, AFL-CIO, Local 27 (Labor
 Organization) was certified as the exclusive representative for a unit
 of all professional engineers and scientists (NASA Classification Code
 Series, 200 and 700) employed by the Marshall Space Flight Center.
 Essentially, the petition seeks to clarify the bargaining unit status of
 numerous employees based on the Activity/Petitioner's allegation that
 they are either supervisors or management officials.  /2/ SUPERVISORS
 
    The Activity contends that the individuals listed in the Appendix are
 supervisors within the meaning of the section 7103(a)(10) of the Statute
 and should be excluded from the unit.  /3/ Of these, the record
 establishes that Leonard Hall, Aerospace Engineer, GS-861-15, PN 22583
 assigns and directs work of subordinates and that these duties are not
 merely routine or clerical in nature, but require the consistent
 exercise of independent judgment.  Accordingly, Hall is a supervisor
 within the meaning of section 7103(a)(10) of the Statute and must be
 excluded from the unit.  The Authority further concludes that the
 remaining employees listed in the Appendix do not exercise any of the
 statutory indicia of supervisory authority;  accordingly, they are not
 supervisors within the meaning of section 7103(a)(10) of the Statute and
 should remain in the unit.  MANAGEMENT OFFICIALS
 
    The Activity contends that Einar Tandberg-Hanssen, Astrophysicist,
 GS-1330-15, PN 19826;  Billy Bass, AST, Technical Management, /4/
 GS-801-14, PN 22908;  Terry Sharpe, Aerospace Engineer, GS-861-15, PN
 22887;  Harold Ledford, Aerospace Engineer, GS-861-15, PN 23216;  and
 Saverio Morea, Aerospace Engineer, GS-861-15, PN 19318, are management
 officials and must be excluded from the unit.  /5/ 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 officials" 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 the named incumbents are highly trained
 professionals whose actions assist in implementing, as opposed to
 shaping, the Activity's policies.  Thus, they currently do not exercise
 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 as interpreted by the Authority.
 Accordingly, the Authority finds that they are not management officials
 and 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 Leonard Hall, Aerospace
 Engineer, GS-861-15, PN 22583, and by continuing to include in said unit
 the remaining incumbents discussed above.  Issued, Washington, D.C.,
 August 22, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
                                 APPENDIX
 
                    EMPLOYEES ALLEGED TO BE SUPERVISORS
 
 J. Laue, AST, Technical Management, /6/ GS-801-14, PN 20803 Edward
 Hamilton, Aerospace Engineer, GS-861-15, PN 24650 Billy Neighbors,
 Aerospace Engineer, GS-861-15, PN 24649 Arthur Boyanton, Aerospace
 Engineer, GS-861-15, PN 22490 Carl Maroney, AST, Technical Management,
 /6/ GS-801-14, PN 19285 David Toles, Aerospace Engineer, GS-861-14, PN
 22373 Nathan Ginn, Electronics Engineer, GS-855-14, PN 19070 Victor
 Nieland, Aerospace Engineer, GS-861-14, PN 19229 William Spivey,
 Aerospace Engineer, GS-861-,4, PN 19236 Richard Wegrich, Aerospace
 Engineer, GS-861-14, PN 13386 Martin Geiger, Aerospace Engineer,
 GS-861-14, PN 20638 Billy Duncan, Space Scientist, GS-1330-14, PN 19191
 Patrick Keys, Aerospace Engineer, GS-861-14, PN 24473 John Genter,
 Aerospace Engineer, GS-861-14, PN 22525 Robert Weber, Aerospace
 Engineer, GS-861-14, PN 22526 Lynnon Grant, Electronics Engineer,
 GS-855-14, PN 20115 Carrol Dailey, Space Scientist, GS-1330-15, PN 24079
 Charles Guttman, AST, Technical Management, /6/ GS-801-14, PN
 
    20137 Harold Mink, Aerospace Engineer, GS-861-14, PN 18863 James
 Stuckey, Research Chemi t, GS-1320-14, PN 22351 William Baker, Aerospace
 Engineer, GS-861-14, PN 19384 Leonard Hall, Aerospace Engineer,
 GS-861-15, PN 22583
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ As the Activity's brief was untimely filed, it has not been
 considered.
 
 
    /2/ During the course of the hearing, the parties stipulated that
 certain employees were supervisors and should be excluded from the unit
 and that certain other employees were not supervisors and should be
 included in the unit.  The parties further stipulated that certain other
 job classifications should be removed from consideration herein.  The
 Authority deems such stipulations to be motions to amend the petition
 which are hereby granted.
 
 
    /3/ Section 7103(a)(10) defines a "supervisor" as:
 
       . . . an individual employed by an agency having authority in the
       interest of the agency to hire, direct, assign, promote, reward,
       transfer, furlough, layoff, recall, suspend, discipline, or remove
       employees, to adjust their grievances, or to effectively recommend
       such action, if the e