13:0092(24)CU - Agriculture, Forest Service, Shasta-Trinity National Forest and NFFE Local 1771 -- 1983 FLRAdec RP



[ v13 p92 ]
13:0092(24)CU
The decision of the Authority follows:


 13 FLRA No. 24
 
 U.S. DEPARTMENT OF AGRICULTURE
 UNITED STATES FOREST SERVICE
 SHASTA-TRINITY NATIONAL FOREST
 Activity/Petitioner /1/
 
 and
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 1771
 Labor Organization
 
                                            Case No. 9-CU-52
 
                    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 National Federation of
 Federal Employees (NFFE) was certified on July 23, 1979 as the exclusive
 bargaining representative for a nationwide consolidated unit of all
 professional and nonprofessional employees of the Forest Service, U.S.
 Department of Agriculture.  /2/ Essentially, the petition seeks to
 clarify the bargaining unit status of Linda Shoemaker, Computer
 Technician, GS-335-06, based on the Activity/Petitioner's contention
 that she is a supervisor.
 
    The Authority finds, in agreement with the Activity/Petitioner, that
 Linda Shoemaker, Computer Technician, GS-335-06, is a supervisor within
 the meaning of section 7103(a)(10) of the Statute.  /3/ Thus, the record
 establishes that Shoemaker assigns and directs work;  that she has
 effectively recommended the hiring and layoff of subordinates and awards
 for them;  and that these duties are not merely routine or clerical in
 nature but require the consistent exercise of independent judgment.
 Accordingly, Shoemaker is a supervisor within the meaning of section
 7103(a)(10) of the Statute and must be excluded from the unit.  /4/
 
                                   ORDER
 
    IT IS ORDERED that the unit sought to be clarified herein be, and it
 hereby is, clarified by excluding from said unit Linda Shoemaker,
 Computer Technician, GS-335-06.  Issued, Washington, D.C., September 27,
 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ The name of the Activity/Petitioner appears as amended at the
 hearing.
 
 
    /2/ NFFE, Local 1771 is the representative of the National Union for
 the segment of employees in the nationwide unit located at
 Shasta-Trinity National Forest.
 
 
    /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 exercise of the authority is not merely
       routine or clerical in nature but requires the consistent exercise
       of independent judgment, except that, with respect to any unit
       which includes firefighters or nurses, the term 'supervisor'
       includes only those individuals who devote a preponderance of
       their employment time to exercising such authority(.)
 
 
    /4/ In applying the definition of supervisor, the Authority notes
 that while the certified bargaining unit herein may include certain
 incumbents in firefighter positions, it was neither alleged nor shown
 that Shoemaker was employed in one of these positions.  See Department
 of the Navy, Naval Undersea Warfare Engineering Station, Keyport,
 Washington, 7 FLRA No. 78 (1981), where the Authority concluded "that
 the preponderance of time test contained within the definition of
 supervisor in section 7103(a)(10) of the Sta