13:0100(26)CU - Agency For International Development and AFGE Local 1534 -- 1983 FLRAdec RP



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13:0100(26)CU
The decision of the Authority follows:


 13 FLRA No. 26
 
 AGENCY FOR INTERNATIONAL
 DEVELOPMENT
 Activity/Joint Petitioner
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 1534, AFL-CIO
 Labor Organization/Joint
 Petitioner
 
                                            Case No. 3-CU-94
 
                    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 consideration of the entire record, including the parties'
 contentions, the Authority finds:  On March 6, 1972, the American
 Federation of Government Employees, AFL-CIO (AFGE) was certified as the
 exclusive representative in an agency-wide unit of all professional and
 nonprofessional general schedule and wage grade employees,
 administratively determined (AD) employees and student aides employed by
 the Agency for International Development (Activity).  Essentially, the
 petition, filed jointly by the Activity and AFGE Local 1534, seeks to
 clarify the bargaining unit by excluding approximately 113 individuals
 in various job classifications based on the Activity's contention that
 they are management officials and, further, that some of them are also
 supervisors.  /1/ Additionally, in their joint petition, the parties
 seek to clarify the existing unit certification to omit the exclusion of
 guards on the basis that guards are no longer employed by the Activity,
 and to amend the description of exclusions from the certified unit to
 conform with the provisions of section 7112(b) of the Statute.
 
    The attached Appendix contains a list of those job classifications
 the incumbents of which are claimed by the Activity/Petitioner to be
 management officials.  /2/ 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 the incumbents listed in the Appendix are professionals whose
 actions assist in implementing, as opposed to shaping, the Activity's
 policies.  Thus, the record establishes that these incumbents are not
 management officials in that they do not exercise any 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.
 The Activity/Petitioner also claims that some unspecified individuals
 listed in the Appendix should be excluded from the unit on the basis
 that they are supervisors.  /3/ However, the record fails to establish
 that any of the employees listed in the Appendix exercises any of the
 statutory indicia of supervisory authority so as to require their
 exclusion from the bargaining unit.  Based on the foregoing, the
 Authority finds that the employees listed in the Appendix are neither
 management officials nor supervisors within the meaning of the Statute
 and therefore should not be excluded from the bargaining unit.
 
    Additionally, as indicated above, the parties are also seeking to
 amend the unit description so as to omit the specific reference to
 guards in the unit exclusions and to conform the exclusionary language
 to section 7112(b) of the Statute.  Noting that the proposed amendment
 of the unit description is consistent with the exclusions from
 recognized units set forth in the Statute and accurately reflects the
 absence of any guards employed by the Activity, and in view of the
 parties' agreement as to such matters, the Authority shall order that
 the description of the unit herein be amended pursuant to the parties'
 joint request.  /4/
 
                                   ORDER
 
    IT IS ORDERED that the unit sought to be clarified be, and it hereby
 is, clarified by including in said unit those employees listed in the
 Appendix.
 
    IT IS FURTHER ORDERED that, with regard to the other job
 classifications sought to be excluded herein, the petition be, and it
 hereby is, dismissed.
 
    IT IS FURTHER ORDERED that the unit sought to be amended herein, for
 which the American Federation of Government Employees, AFL-CIO was
 certified on March 6, 1973, be amended to read as follows:
 
          Included:  All professional and nonprofessional general
       schedule and wage grade employees, administratively determined
       employees (AD) and student aides employed by the Agency for
       International Development, agencywide.
 
          Excluded:  All supervisors, management officials, employees
       engaged in Federal personnel work in other than a purely clerical
       capacity, employees primarily engaged in investigation or audit
       functions relating to the work of individuals employed by the
       agency whose duties directly affect the internal security of the
       agency, and Foreign Service employees.
 
 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 Classifications of Incumbents Alleged To Be Management Officials or
 Supervisors
 
    (1) Agricultural Economist, GS-11094-14 (PD #09638;  Inc. Johnson,
 William F.)
 
    (2) Agricultural Economist, GS-110-14 (PD # 09660;  Inc. Oweis,
 Jiryis S.)
 
    (3) Legislative Program Specialist, GS-301-13 (PD # 50087;  Inc.
 O'Sullivan, L. Marianne E.)
 
    (4) Legislative Program Specialist, GS-301-13 (PD # 50087;  Inc.
 Kakesako, Susan M.S.)
 
    (5) Program Analyst, GS-345-13 (PD # 13834;  Inc. Thompson, Faye R.)
 
    (6) Program Analyst, GS-345-13 (PD # 13846;  Inc. Poe, Karen M.)
 
    (7) International Cooperation Specialist, GS-0136-15 (PD # 13888;
 Inc. Becker, Mary L.)
 
    (8) International Cooperation Specialist, GS-0136-14 (PD # 13891;
 Inc. Sherry, Jerome E.)
 
    (9) Financial Economist, GS-110-14 (PD # 13890;  Inc. Lieberson,
 Joseph M.)
 
    (10) Social Science Analyst, GS-101-14 (PD # 13793;  Inc. Bloom, Abby
 L.)
 
    (11) Program Analyst, GS-0345-14 (PD # 13677;  Inc. Lijewski, Edward
 J.)
 
    (12) Agriculture Economist, GS-0101-14 (PD # 13902;  Inc. Simmons,
 Emmy L.)
 
    (13) Economist, GS-110-14 (PD # 13662;  Inc. Wolgin, Jerome M.)
 
    (14) Social Science Analyst, GS-1101-14 (PD # 13665;  Inc. Zak,
 Marilyn, A.)
 
    (15) Program Analyst, GS-345-14 (PD # 13815;  Inc. Vreeland, Mildred
 C.)
 
    (16) International Cooperation Specialist, GS-136-14 (PD # 31033;
 Inc. Mulligan, Paul F.)
 
    (17) International Cooperation Specialist, GS-136-14 (PD # 31033;
 Inc. Mercker, Albert E., Jr.)
 
    (18) International Cooperation Specialist, GS-136-14 (PD # 31033;
 Inc. Durnan, James J., Jr.)
 
    (19) International Cooperation Specialist, GS-136-14 (PD # 31033;
 Inc. Frazier, Gladys M.)
 
    (20) Physical Scientist, GS-1301-13, (PD # 13104;  Inc. Krumpe, Paul
 F.)
 
    (21) International Education Specialist, GS-1701-14 (PD # 70346;
 Inc. Meyer, Anthony J.)
 
    (22) Program Analyst, GS-345-14 (PD # 70542;  Inc. Roche, Elizabeth
 P.)
 
    (23) Technical Information Specialist, GS-1412-13 (PD # 70447;  Inc.
 Lawrence, Earle, G.)
 
    (24) Project Analyst, GS-345-13 (PD # 70787;  Inc. Danart, Arthur H.)
 
    (25) Business and Industry Technologist, GS-1101-14 (PD # 70337;
 Inc. Moeller, Roger D.)
 
    (26) Environmental Protection Specialist, GS-028-14 (PD # 70744;
 Inc. Kux, Mary B.)
 
    (27) Nutrition Advisor, GS-601-15 (PD # 70797;  Inc. Kahn, Samuel G.)
 
    (28) Agriculturist, GS-0401-14 (PD # 70706;  Inc. Collier, Carroll
 Wayne)
 
    (29) General Engineer, GS-801-14 (PD # 70775;  Inc. Stearns, Palmer
 Newcombe)
 
    (30) Contract Specialist, GS-1102-13 (PD # 50760;  Inc. Kelly, James
 M.; Johnson, Judith D.)
 
    (31) Contract Specialist, GS-1102-14 (PD # 50790;  Inc. Walker,
 Vincent H.)
 
    (32) Contract Specialist, GS-1102-13 (PD # 50792;  Inc. Casteel,
 Philip O.; Cordero, Elizabeth A.)
 
    (33) Contract Specialist, GS-1102-13 (PD # 50789;  Inc. McClellan,
 Ransom F. Jr.; Eldridge, Carolyn R.; Lewis, Doris W.)
 
    (34) Agriculturist, GS-0401-14 (PD # 58742;  Inc. Malcolm, John L.)
 
    (35) International Trade Specialist, GS-1140-13 (PD # 50270;  Inc.
 O'Hare, Kathleen J.)
 
    (36) International Trade Specialist, GS-1140-13;  (PD # 50274;  Inc.
 McAllister, Michael P.)
 
    (37) Traffic Management Specialist, GS-2130-14 (PD # 50287;  Inc.
 Eggan, Frederick M.)
 
    (38) Industrial Trade Specialist, GS-1140-13 (PD # 50293;  Inc.
 Ullman, Wilmer A.; Frame, William M.; Green, Robert C.)
 
    (39) Program Analyst, GS-345-14 (PD # 30805;  Inc. Bacic, Alexis G.)
 
    (40) Program Analyst, GS-345-14 (PD # 30786;  Inc. Romano, Peter J.)
 
    (41) International Cooperation Specialist, GS-136-13 (PD # 4839;
 Inc. Burns, Richard P.)
 
    (42) International Cooperation Specialist, GS-136-13 (PD # 4843;
 Inc. Miller, Gerald D.)
 
    (43) International Cooperation Specialist, GS-136-13 (PD # 10937;
 Inc. Eney, Richard H.)
 
    (44) International Cooperation Specialist, GS-136-13 (PD # 11091;
 Inc. Johnson, Frances B.; PD # 10927;  Inc. John, Yvonne J.; PD #11097;
 Inc. Werlin, Louise Hillson)
 
    (45) Financial Analyst, GS-1160-13 (PD # 40415;  Inc. Zivandinovich,
 George)
 
    (46) International Cooperation Specialist, GS-0136-13 (PD # 40769;
 Inc. Manley, James W.)
 
    (47) Computer Systems Analyst, GS-334-13 (PD # 47727;  Inc. Renz,
 Steven F.; Wiseman, Michael W.; Thompson, Clinton)
 
    (48) Computer Systems Analyst;  GS-334-13 (PD # 47728;  Inc. Miller,
 Ronald V.; Van Vechten, Wayne H.; Nichols, Stuart Carter;  Livesay,
 Lawrence E.)
 
    (49) Computer Systems Analyst;  GS-334-13 (PD # 47729;  Inc.
 Anderson, William J.)
 
    (50) Computer Specialist, GS-334-13 (PD # 47765;  Inc. Jackson, James
 Arthur)
 
    (51) Supervisory Computer Specialist, GS-334-14 (PD # 47759;  Inc.
 Buzzard, Suzanne)
 
    (52) Computer Specialist, GS-334-13 (PD # 47754;  Inc. Wright, Elaine
 M.)
 
    (53) Computer Specialist, GS-334-13 (PD # 47751;  Inc. Moore, Wanda
 W.)
 
    (54) Computer Specialist, GS-334-13 (PD # 47751;  Inc. Harley,
 William L.)
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ During the course of the hearing, the parties stipulated that
 certain employees were management officials or supervisors and should be
 excluded from the unit.  The parties further stipulated that certain
 other job classifications should be removed from consideration herein.
 Additionally, the parties stipulated that one employee should be
 included in the unit.  The Authority deems such stipulations to be
 motions to amend the petition which are hereby granted.
 
    Further, eleven of the positions in dispute were vacant at the time
 of the hearing:  (1) Technical Information Specialist, GS-1412-13 (PD
 #70261);  (2) Population Advisor (Public Health), GS-0685-13 (PD #1789);
  (3) Agriculture Economist, GS-110-14 (PD # 70387);  (4) Physical
 Scientist, GS-1301-14 (PD # 70494);  (5) Industrial Trade Specialist,
 GS-1140-13 (PD # 50293);  (6) Program Analyst, GS-345-13 (PD #40754);
 (7) Program Analyst, GS-345-14 (PD # 40586);  (8) Computer Systems
 Analyst, GS-334-13 (PD # 47727);  (9) Computer Systems Analyst,
 GS-334-13 (PD # 47728);  (10) Computer Specialist, GS-334-13 (PD #
 47781);  and (11) Computer Systems Analyst, GS-334-13 (PD # 47696).  The
 Authority will not make eligibility determinations for vacant positions.
  U.S. Army Materials and Mechanics Research Center, 11 FLRA No. 46
 (1983).  Accordingly, the Authority shall order that the petition be
 dismissed to the extent that it seeks to clarify the unit with respect
 to these positions.
 
 
    /2/ Section 7103(a)(11) of the Statute 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 .
       . . .
 
 
    /3/ Section 7103(a)(10) of the Statute 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 . . . .
 
 
    /4/ See, e.g., Department of Defense, Defense Communications Agency
 Headquarters, 11 FLRA No. 96 (1983). 
 
 
 


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