13:0247(42)CU - Division of Military and Naval Affairs, Public Security Building, State Campus, Albany, NY 12226, NG Bureau and ACT, Inc. New York State Council; Division of Military and Naval Affairs, Public Security Building, State Campus, Albany, NY 12226, NG Bureau and ACT, Inc. New York State Council -- 1983 FLRAdec RP



[ v13 p247 ]
13:0247(42)CU
The decision of the Authority follows:


 13 FLRA No. 42
 
 DIVISION OF MILITARY AND NAVAL AFFAIRS
 PUBLIC SECURITY BUILDING
 STATE CAMPUS, ALBANY, N.Y. 12226
 NATIONAL GUARD BUREAU
 Activity/Petitioner
 
 and
                                             Case No. 1-CU-44
 
 ASSOCIATION OF CIVILIAN TECHNICIANS, INC.
 NEW YORK STATE COUNCIL
 Labor Organization
 

 DIVISION OF MILITARY AND NAVAL AFFAIRS
 PUBLIC SECURITY BUILDING
 STATE CAMPUS, ALBANY, N.Y. 12226
 NATIONAL GUARD BUREAU
 Activity/Petitioner
 
 and
                                             Case No. 1-CU-54
 
 ASSOCIATION OF CIVILIAN TECHNICIANS, INC.
 NEW YORK STATE COUNCIL
 Labor Organization /1/
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    Upon petitions duly filed with the Federal Labor Relations Authority
 under section 7111(b)(2) of the Federal Service Labor-Management
 Relations Statute (the Statute), a consolidated 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 Association of Civilian
 Technicians, Inc., New York State Council (ACT) was certified on May 26,
 1970 as the exclusive representative for a unit of all Army, Air, Air
 Defense and National Guard Technicians and employees in the United
 States Property and Fiscal Office located in the State of New York.
 
    Essentially, the petitions seek to clarify the bargaining unit status
 of certain employees in three job classifications based on the
 Activity/Petitioner's contentions that they are supervisors, management
 officials or both.  /2/ SUPERVISORS /3/
 
    The Activity/Petitioner contends that Robert J. Lazarus, Military
 Personnel Technician, GS-0204-07;  Benjamin Wright, Senior Health
 Technician, GS-0699-09;  Gilford Richardson, Senior Health Technician,
 GS-0699-09;  Erwin Gerding, Senior Health Technician, GS-0699-09;
 Reginald A. Sparks, Senior Health Technician, GS-0699-09;  Phillip J.
 Banashefsky, Military Personnel Technician, GS-0204-07;  Kenneth J.
 Clouthier, Security Officer, GS-0080-09;  Joseph T. Caldara, Security
 Officer, GS-0080-09;  and Richard N. Mueller, Security Offi