13:0443(79)CU - Justice, INS, Washington, DC and AFGE, INS Council, Washington, DC -- 1983 FLRAdec RP

 13 FLRA No. 79
 
 DEPARTMENT OF JUSTICE
 U.S. IMMIGRATION AND
 NATURALIZATION SERVICE
 WASHINGTON, D.C.
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 NATIONAL IMMIGRATION AND
 NATURALIZATION SERVICE COUNCIL
 WASHINGTON, D.C.
 Petitioner /1/
 
                                            Case No. 4-CU-30002
 
                    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, /2/ the Authority finds:  AFGE was recognized on
 April 20, 1968 as the exclusive bargaining representative for a unit of
 all nonsupervisory and nonprofessional employees in the Immigration and
 Naturalization Service except those assigned to Border Patrol Sectors.
 Essentially, the petition seeks to clarify the unit status of employees
 in four job classifications who the Activity contends should be excluded
 on the ground that they are supervisors.
 
    The Activity contends that the employees in the following job
 classifications are supervisors within the meaning of section
 7103(a)(10) of the Statute /3/ and should be excluded from the unit:
 Supervisory Immigration Examination Officer (Course
 Development/Instruction), GS-301-12, M40CIL1;  Supervisory Border Patrol
 Agent (Course Development/Instruction), GS-1896-12, M40C5CM1;
 Supervisory Border Patrol Agent (Instruction), GS-1896-11, M40C5BM1;
 and Supervisory Immigration Enforcement Officer (Course
 Development/Instruction), GS-301-12, M40C5HL1.  Each of these employees
 is involved