13:0084(22)CU - Agriculture, Forest Service and NFFE Local 60 -- 1983 FLRAdec RP

[ v13 p84 ]
The decision of the Authority follows:

 13 FLRA No. 22
                                            Case No. 7-CU-37
                    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, the Authority finds:  The National Federation of
 Federal Employees (NFFE) was certified on July 23, 1979 as the exclusive
 representative of a nationwide consolidated unit of professional
 employees and a separate nationwide consolidated unit of all
 nonprofessional employees of the United States Department of
 Agriculture, Forest Service.  /1/ Essentially the petition seeks to
 clarify the bargaining unit status of fifteen employees in view of the
 Activity's contentions that they are management officials /2/ and must
 be excluded from the bargaining unit.  /3/
    The Activity contends that the employees listed in the Appendix are
 management officials and should 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 Billy Hicks (Geologist,
 GS-1350-13), Robert Gale (Wildlife Biologist, GS-486-13), Ernestine
 Green (Archeologist, GS-193-13), Ronald Rhoads (Landscape Architect,
 GS-807-13), Allen Hearst (Forest Products Technologist, GS-1380-13),
 Joseph Gorsch (Forester, GS-460-13), and Peter Laird (Forester,
 GS-460-13) are management officials and shall order their exclusion from
 the bargaining unit.  Thus the record establishes that Hicks has created
 a nationwide policy for the management of the geological resources
 program throughout the Forest Service and has developed regional policy
 in the area of paleontology and other aspects of the regional geology
 programs;  t