13:0095(25)CU - Army Missile Command, Redstone Arsenal, Huntsville, AL and AFGE Local 1858 -- 1983 FLRAdec RP



[ v13 p95 ]
13:0095(25)CU
The decision of the Authority follows:


 13 FLRA No. 25
 
 U.S. ARMY MISSILE COMMAND
 REDSTONE ARSENAL
 HUNTSVILLE, ALABAMA
 Activity/Petitioner
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1858
 Labor Organization
 
                                            Case No. 4-CU-30
 
                    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 American Federation of
 Government Employees, AFL-CIO, Local 1858 (AFGE) was certified on
 September 28, 1976 as the exclusive representative for a unit of all
 non-supervisory professional employees of the U.S. Army Missile Command
 which includes the Redstone Arsenal Support Activity who are serviced by
 the U.S. Army Missile Command Civilian Personnel Division and who are
 employed in the Redstone Arsenal, Alabama area.  Essentially, the
 petition seeks to clarify the bargaining unit status of numerous
 employees in approximately 29 job classifications based on the
 Activity/Petitioner's allegation that they are supervisors or management
 officials.  /1/ SUPERVISORS
 
    The Activity/Petitioner contends that the incumbents in the job
 classifications listed in the Appendix, with the exception of William
 Malcolm, Aerospace Engineer, GS-861-15, are supervisors within the
 meaning of section 7103(a)(10) of the Statute, /2/ and should be
 excluded from the unit.  Of these, the record establishes that the
 incumbents in the job classifications Aerospace Engineer, GS-861-15
 (except for Malcolm), Mechanical Engineer, GS-830-13, and Physical
 Scientist, GS-1301-14, assign and direct work, and have effectively
 recommended the hiring of and promotions and awards for subordinates;
 that the incumbents in the job classification General Engineer,
 GS-801-14, assign and direct work, and have effectively recommended the
 hiring of and awards for subordinates;  that the incumbents in the job
 classifications General Engineer, GS-801-15, and Research Physicist,
 GS-1310-14, assign and direct work, and have effectively recommended the
 hiring of, awards for, and disciplinary actions against subordinates;
 that the incumbents in the job classification Mechanical Engineer,
 GS-830-14, assign and direct work, and have effectively recommended
 promotions, awards for, and disciplinary actions against subordinates;
 that the incumbents in the job classification Patent Attorney,
 GS-1222-14, assigns and directs work and has effectively recommended
 awards and promotions for subordinates;  that the incumbent in the job
 classification Historian, GS-170-13, assigns and directs work, and has
 effectively recommended awards for and disciplinary actions against
 subordinates;  that the incumbents in the job classification Physicist,
 GS-1310-13, assign and direct work, and have effectively recommended the
 hiring of, awards for, and the transfers of subordinates;  that the
 incumbent in the job classification Research Aerospace Engineer,
 GS-861-15, assigns and directs work, and has effectively recommended the
 hiring of and promotions for subordinates;  that the incumbent in the
 job classification Research Chemical Engineer, GS-893-15, assigns and
 directs work and has effectively recommended disciplinary actions
 against subordinates;  and the incumbents in the job classification
 Research Chemist, GS-1320-15, assign and direct work, and have
 effectively recommended the hiring of, awards and promotions for, and
 disciplinary actions against subordinates.  The Authority further finds
 that the above duties are not merely routine or clerical in nature, but
 require consistent exercise of independent judgment.  Accordingly, the
 incumbents in the job classifications listed above are supervisors
 within the meaning of section 7103(a)(10) of the Statute and should be
 excluded from the unit.  The Authority further concludes that the
 remaining incumbents in the classifications listed in the Appendix do
 not exercise any of the statutory indicia of supervisory authority and
 accordingly, the Authority concludes that they are not supervisors
 within the meaning of section 7103(a)(10) of the Statute and thus should
 remain in the unit.  MANAGEMENT OFFICIALS
 
    The Activity/Petitioner contends that William Malcolm, Aerospace
 Engineer, GS-861-15, is a management official within the meaning of
 section 7103(a)(11) of the Statute /3/ and must 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 Malcolm,
 who works in the Guidance and Control Directorate and is an expert on
 homing guidance technology, is a highly trained professional whose
 actions assist in implementing, as opposed to shaping, the Activity's
 policies.  He currently does not exercise duties or responsibilities
 which require or authorize him 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 he is not a management official and therefore should be
 included in the bargaining unit.
 
                                   ORDER
 
    IT IS ORDERED that the unit sought to be clarified herein be, and it
 hereby is, clarified by excluding from said unit the incumbents in the
 following job classifications:  Aerospace Engineer, GS-861-15, with the
 below exception;  General Engineer, GS-801-14;  General Engineer,
 GS-801-15;  Mechanical Engineer, GS-830-13;  Mechanical Engineer,
 GS-830-14;  Patent Attorney, GS-1222-14;  Historian, GS-170-13;
 Physical Scientist, GS-1301-14;  Physicist, GS-1310-13;  Research
 Aerospace Engineer, GS-861-15;  Research Chemical Engineer, GS-893-15;
 Research Chemist;  GS-1320-15 and Research Physicist, GS-1310-14.
 
    IT IS FURTHER ORDERED that the unit sought to be clarified herein be,
 and it hereby is, clarified by including in said unit William Malcolm,
 Aerospace Engineer, GS-861-15, and the remaining incumbents in the job
 classifications listed in the Appendix.  Issued, Washington, D.C.,
 September 27, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
                                 APPENDIX
 
               JOB CLASSIFICATION ALLEGED TO BE SUPERVISORY
 
    Aerospace Engineer, GS-861-13
 
    Aerospace Engineer, GS-861-14
 
    Aerospace Engineer, GS-861-15
 
    Chemist, GS-1320-14
 
    Ceramic Engineer, GS-892-13
 
    Electrical Engineer, GS-855-13
 
    Electrical Engineer, GS-855-14
 
    Electrical Engineer, GS-855-15
 
    General Engineer, GS-801-13
 
    General Engineer, GS-801-14
 
    General Engineer;  GS-801-15
 
    Historian, GS-170-13
 
    Materials Engineer, GS-806-13
 
    Materials Engineer, GS-806-14
 
    Mathematician, GS-1520-13
 
    Mechanical Engineer, GS-830-13
 
    Mechanical Engineer, GS-830-14
 
    Patent Advisor, GS-1221-14
 
    Patent Attorney, GS-1222-14
 
    Physical Scientist, GS-1301-14
 
    Physicist, GS-1310-13
 
    Physicist, GS-1310-14
 
    Research Aerospace Engineer, GS-861-13
 
    Research Aerospace Engineer, GS-861-14
 
    Research Aerospace Engineer, GS-861-15
 
    Research Chemical Engineer, GS-893-15
 
    Research Chemist, GS-1320-14
 
    Research Chemist, GS-1320-15
 
    Research Physicist, GS-1310-14
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ During the course of the hearing, the Activity/Petitioner, on
 several occasions with the agreement of the AFGE and the hearing
 officer, amended its petition by adding to and withdrawing from the list
 of job classifications that it considered to be supervisory and by
 deleting from consideration as management officials all but one
 incumbent.  Further, as no evidence was presented as to the status of
 the incumbent in the job classification Safety Engineer, GS-803-13, the
 Authority makes no determination as to whether he should be included or
 excluded from the recognized unit.
 
 
    /2/ 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 cl