13:0538(90)CU - Pennsylvania Air NG and Pennsylvania State Council, ACT, Inc. -- 1983 FLRAdec RP



[ v13 p538 ]
13:0538(90)CU
The decision of the Authority follows:


 13 FLRA No. 90
 
 PENNSYLVANIA AIR NATIONAL GUARD
 Activity/Petitioner
 
 and
 
 PENNSYLVANIA STATE COUNCIL, ASSOCIATION
 OF CIVILIAN TECHNICIANS, INC.
 Labor Organization
 
                                            Case No. 2-CU-20010
 
                    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 careful consideration of the entire record, including the
 parties' contentions, the Authority finds:  The Pennsylvania State
 Council Association of Civilian Technicians, Inc. (ACT) was certified in
 March 1973 as the exclusive bargaining representative for a unit of all
 Wage Board and General Schedule Air National Guard Technicians employed
 in the Commonwealth of Pennsylvania.  Essentially, the petition herein
 seeks to exclude numerous incumbents in 12 job classifications from the
 unit on the basis that they are supervisors, management officials,
 confidential employees or employees engaged in Federal personnel work in
 other than a purely clerical capacity.  /1/
 
    SUPERVISORS /2/
 
    The Activity/Petitioner contends that the employees in the job
 classifications listed in the Appendix are supervisors and should be
 excluded from the unit.  The Authority finds that the above employees
 are not supervisors within the meaning of section 7103(a)(10) of the
 Statute as the record indicates that these employees do not exercise any
 of the statutory indicia of supervisory authority.  See Pennsylvania
 Army National Guard, 8 FLRA No. 119 (1982).
 
    MANAGEMENT OFFICIALS /3/
 
    The Activity/Petitioner contends that the employees in the Appendix
 are management officials and should 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 the employees listed in the
 Appendix are not management officials and should continue to be included
 in the bargaining unit.  The record establishes that these employees are
 highly trained individuals whose actions assist in implementing, as
 opposed to shaping, the Activity's overall policies.  Thus, the record
 is clear that they do not exercise any duties or responsibilities which
 require to authorize them to formulate, determine, or influence the
 policies of the Activity within the meaning of section 7103(a)(11) of
 the Statute.  Accordingly, the Authority shall order that these
 incumbents remain in the bargaining unit.  See Pennsylvania Army
 National Guard, 8 FLRA No. 119 (1982).
 
    CONFIDENTIAL EMPLOYEES/PERSONNEL WORK IN OTHER THAN A
 PURELY CLERICAL
 CAPACITY
 
    The Activity/Petitioner contends that Eleanor Shaver, EEO Clerical
 Assistant (Typing), GS-303-05 is a confidential employee and/or an
 employee engaged in personnel work in other than a purely clerical
 capacity within the meaning of section 7112(b)(3) of the Statute;  and
 that she should be excluded from the recognized unit.  In addition to
 providing clerical support to the Equal Employment Opportunity
 Specialist and Equal Employment Opportunity Officer, Shaver, as the
 Activity's manager of the Hispanic Employment Program, among other
 things;  assists in recruitment efforts by traveling throughout Central
 Pennsylvania meeting with individuals with Hispanic backgrounds in an
 attempt to interest them in joining the technician program.  Thus, the
 Authority finds that Shaver is an employee engaged in personnel work in
 other than a purely clerical capacity and that she 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 continuing to include in said unit the employees
 in the job classifications listed in the Appendix and by excluding from
 said unit Eleanor Shaver, EEO Clerical Assistant, (Typing), GS-303-05.
 
    Issued, Washington, D.C., December 22, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
                                 APPENDIX
 
    JOB CLASSIFICATIONS OF EMPLOYEES ALLEGED TO BE SUPERVISORS
 AND
 MANAGEMENT OFFICIALS
 
    Flight Instructor, (Fixed Wing), GM-2181-13, F1430101
 
    Flight Instructor, (Fixed Wing), GM-2181-13, F1453000
 
    Flight Instructor, (Fixed Wing), GM-2181-13, 1454000
 
    Navigator (Instructor, GM-2181-13, F1451000
 
    Flight Instructor, (Fixed Wing), GM-2181-13, F1913100
 
    Navigator (Instructor), GM-2181-12, F1452000
 
    Navigator (Instructor), GM-2181-12, F1455000
 
    Flight Instructor, (Fixed Wing), GM-2181-13, 1430100
 
    Flight Instructor, (Fixed Wing), GM-2181-13, 1442000
 
    Flight Instructor, (Fixed Wing), GM-2181-13, 1443000
 
    Flight Instructor, (Fixed Wing), GM-2181-13, F1442000
 
    HEADQUARTERS, U.S. ARMY TROOP
 
    SUPPORT AND AVIATION MATERIEL
 
    READINESS COMMAND
 
                                (Activity)
 
    and
 
    NATIONAL FEDERATION OF FEDERAL
 
    EMPLOYEES, LOCAL 405
 
                                  (Union)
                                       Case No. 0-AR-264
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Richard L. Ross filed by the Agency and the Union under
 section 7122(a) of the Federal Service Labor-Management Relations
 Statute and part 2425 of the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Agency and the Union have failed to
 establish that the Arbitrator's award is deficient on any of the grounds
 set forth in section 7122(a) of the Statute;  that is, that the award is
 contrary to any law, rule, or regulation, or that the award is deficient
 on other grounds similar to those applied by Federal courts in private
 sector labor-management relations.
 
    Accordingly, the exceptions of both the Agency and the Union are
 denied.
 
    Issued, Washington, D.C., December 23, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    VETERANS ADMINISTRATION,
 
    CENTRAL OFFICE
 
                                 (Agency)
 
    and
 
    AMERICAN FEDERATION OF
 
    GOVERNMENT EMPLOYEES,
 
    LOCAL 17, AFL-CIO
 
                                  (Union)
                                       Case No. 0-AR-266
 
                                 Decision
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Louis Aronin filed by the Agency under section 7122(a) of the
 Federal Service Labor-Management Relations Statute and part 2425 of the
 Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Agency has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Agency's exceptions are denied.
 
    Issued, Washington, D.C., December 23, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, AFL-CIO, LOCAL 1364
 
                                  (Union)
 
    and
 
    HEADQUARTERS 7th COMBAT SUPPORT
 
    GROUP (SAC), CARSWELL AFB, TEXAS
 
                                (Activity)
                                       Case No. 0-AR-269
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Harold H. Leeper filed by the Union under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Union's exceptions are denied.
 
    Issued, Washington, D.C., December 23, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    U.S. DEPARTMENT OF COMMERCE,
 
    BUREAU OF THE CENSUS
 
                                (Activity)
 
    and
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, LOCAL 2782, AFL-CIO
 
                                  (Union)
                                       Case No. 0-AR-271
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Francis J. Robertson filed by the Union under section 7122(a)
 of the Federal Service Labor-Management Relations Statute and part 2425
 of the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Union's exceptions are denied.
 
    Issued, Washington, D.C., December 23, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    LOCAL 1625, AMERICAN FEDERATION
 
    OF GOVERNMENT EMPLOYEES, AFL-CIO
 
                                  (Union)
 
    and
 
    NAVY EXCHANGE, NAVAL AMPHIBIOUS
 
    BASE, LITTLE CREEK, NORFOLK, VIRGINIA
 
                                (Activity)
                                       Case No. 0-AR-293
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Jacob Seidenberg filed by the Union under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Union's exceptions are denied.
 
    Issued, Washington, D.C., December 23, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    DEPARTMENT OF HEALTH AND
 
    HUMAN SERVICES, REGION IV,
 
    ATLANTA, GEORGIA
 
                                (Activity)
 
    and
 
    NATIONAL TREASURY EMPLOYEES
 
    UNION
 
                                  (Union)
                                       Case No. 0-AR-294
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Michael J. Jedel filed by the Activity under section 7122(a)
 of the Federal Service Labor-Management Relations Statute and part 2425
 of the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Activity has failed to establish that
 the Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Activity's exceptions are denied.
 
    Issued, Washington, D.C., December 23, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    VETERANS ADMINISTRATION
 
    HOSPITAL, MADISON,
 
    WISCONSIN
 
                                (Activity)
 
    and
 
    AMERICAN FEDERATION OF
 
    GOVERNMENT EMPLOYEES,
 
    AFL-CIO, LOCAL 1732
 
                                  (Union)
                                       Case No. 0-AR-298
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Earl J. Wyman filed by the Union under section 7122(a) of the
 Federal Service Labor-Management Relations Statute and part 2425 of the
 Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Union's exceptions are denied.
 
    Issued, Washington, D.C., December 23, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       Federal Labor Relations Authority
 
    EQUAL EMPLOYMENT
 
    OPPORTUNITY COMMISSION
 
                                 (Agency)
 
    and
 
    AMERICAN FEDERATION OF
 
    GOVERNMENT EMPLOYEES
 
                                  (Union)
                                       Case No. 0-AR-305
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Merton C. Bernstein filed by the Agency under section 7122(a)
 of the Federal Service Labor-Management Relations Statute and part 2425
 of the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Agency has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Agency's exceptions are denied.
 
    Issued, Washington, D.C., December 23, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    DEPARTMENT OF THE AIR FORCE,
 
    SCOTT AIR FORCE BASE, ILLINOIS
 
                                (Activity)
 
    and
 
    NATIONAL ASSOCIATION OF GOVERNMENT
 
    EMPLOYEES, LOCAL R7-23
 
                                  (Union)
                                       Case No. 0-AR-306
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Raymond E. Roberts filed by the Union under section 7122(a)
 of the Federal Service Labor-Management Relations Statute and part 2425
 of the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Union's exceptions are denied.
 
    Issued, Washington, D.C., December 23, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    OFFICE OF PROGRAM SERVICE CENTERS,
 
    SOCIAL SECURITY ADMINISTRATION
 
    BIRMINGHAM, ALABAMA
 
                                (Activity)
 
    and
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, LOCAL 2206
 
                                  (Union)
                                       Case No. 0-AR-326
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator J. Thomas King filed by both the Activity and the Union under
 section 7122(a) of the Federal Service Labor-Management Relations
 Statute and part 2425 of the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Activity and the Union have failed to
 establish that the Arbitrator's award is deficient on any of the grounds
 set forth in section 7122(a) of the Statute;  that is, that the award is
 contrary to any law, rule, or regulation, or that the award is deficient
 on other grounds similar to those applied by Federal courts in private
 sector labor-management relations.
 
    Accordingly, the Activity's and the Union's exceptions are denied.
 
    Issued, Washington, D.C., December 23, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    NATIONAL UNION OF COMPLIANCE
 
    OFFICERS
 
                                  (Union)
 
    and
 
    U.S. DEPARTMENT OF LABOR,
 
    LABOR-MANAGEMENT SERVICES
 
    ADMINISTRATION
 
                                (Activity)
                                       Case No. 0-AR-327
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator I. M. Lieberman filed by the Union under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Union's exceptions are denied.
 
    Issued, Washington, D.C., December 23, 1983
                                       Barbara J. Mahone, Chairmen
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    NATIONAL TREASURY EMPLOYEES UNION,
 
    LOCAL CHAPTER 165
 
                                  (Union)
 
    and
 
    U.S. CUSTOMS SERVICE
 
    SAN FRANCISCO REGION
 
                                (Activity)
                                       Case No. 0-AR-329
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Arnold O. Anderson filed by the Agency under section 7122(a)
 of the Federal Service Labor-Management Relations Statute and part 2425
 of the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Agency has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Agency's exceptions are denied.
 
    Issued, Washington, D.C., December 23, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    UNITED STATES AIR FORCE,
 
    HEADQUARTERS 2750th AIR
 
    BASE WING (AFLC)
 
                                (Activity)
 
    and
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, AFL-CIO, LOCAL 1138
 
                                  (Union)
                                       Case No. 0-AR-330
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Louis V. Imundo filed by the Agency under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Agency has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Agency's exceptions are denied.
 
    Issued, Washington, D.C., December 23, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       Federal LABOR RELATIONS AUTHORITY
 
    WESTERN AREA POWER
 
    ADMINISTRATION
 
                                (Activity)
 
    and
 
    INTERNATIONAL BROTHERHOOD
 
    OF ELECTRICAL WORKERS, LOCAL
 
    UNION 640
 
                                  (Union)
                                       Case No. 0-AR-333
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Donald Doughton filed by the Agency under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Agency has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Agency's exceptions are denied.
 
    Issued, Washington, D.C., December 23, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, LOCAL 1138, AFL-CIO
 
                                  (Union)
 
    and
 
    DEPARTMENT OF THE AIR FORCE,
 
    HEADQUARTERS 2750th AIR BASE WING
 
                                (Activity)
                                       Case nO. 0-AR-358
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Louis V. Imundo, Jr., filed by the Union under section
 7122(a) of the Federal Service Labor-Management Relations Statute and
 part 2425 of the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Union's exceptions are denied.
 
    Issued, Washington, D.C., December 23, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald w. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    AMERICAN FEDERATION OF
 
    GOVERNMENT EMPLOYEES,
 
    LOCAL 85, AFL-CIO
 
                                  (Union)
 
    and
 
    VETERANS ADMINISTRATION
 
    MEDICAL CENTER
 
                                (Activity)
                                       Case No. 0-AR-373
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator John A. Zerboni filed by the Agency under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Agency has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Agency's exceptions are denied.
 
    Issued, Washington, D.C., December 23, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    DEPARTMENT OF HEALTH AND HUMAN
 
    SERVICES, SOCIAL SECURITY ADMINISTRATION
 
                                 (Agency)
 
    and
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, LOCAL 1923
 
                                  (Union)
                                       Case No. 0-AR-374
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Eugene Mittleman filed by the Union under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Union's exceptions are denied.
 
    Issued, Washington, D.C., December 23, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    TIDEWATER VIRGINIA FEDERAL
 
    EMPLOYEES METAL TRADES COUNCIL
 
                                  (Union)
 
    and
 
    NORFOLK NAVAL SHIPYARD
 
                                (Activity)
                                       Case No. 0-AR-383
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Herbert Fishgold filed by the Union under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Union's exceptions are denied.
 
    Issued, Washington, D.C., December 23, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    DEPARTMENT OF DEFENSE
 
    DEPENDENTS SCHOOLS,
 
    KAISERSLAUTERN, WEST GERMANY
 
                                (Activity)
 
    and
 
    OVERSEAS EDUCATION
 
    ASSOCIATION
 
                                  (Union)
                                       Case No. 0-AR-391
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Arnold M. Zack filed by the Union under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Union's exceptions are denied.
 
    Issued, Washington, D.C., December 23, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    FLEET COMBAT TRAINING CENTER
 
    ATLANTIC, DAM NECK, VIRGINIA
 
                                (Activity)
 
    and
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, AFL-CIO, LOCAL 1625
 
                                  (Union)
                                       Case No. 0-AR-393
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Eugene Mittelman filed by the Agency under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Agency has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Agency's exceptions are denied.
 
    Issued, Washington, D.C., December 23, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    U.S. AIR FORCE LOGISTICS
 
    COMMAND
 
                                (Activity)
 
    and
 
    AMERICAN FEDERATION OF
 
    GOVERNMENT EMPLOYEES,
 
    AFL-CIO, LOCAL 1138
 
                                  (Union)
                                       Case No. 0-AR-395
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Marvin J. Feldman, filed by the Union under section 7122(a)
 of the Federal Service Labor-Management Relations Statute and part 2425
 of the Authority's Rules and Regulations.  The Agency filed an
 opposition.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Union's exceptions are denied.
 
    Issued, Washington, D.C., December 23, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    GENERAL SERVICES ADMINISTRATIVE
 
    REGION 3
 
                                (Activity)
 
    and
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, LOCAL 2151
 
                                  (Union)
                                       Case No. 0-AR-396
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Nicholas H. Zumas filed by the Agency under section 7122(a)
 of the Federal Service Labor-Management Relations Statute and part 2425
 of the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Agency has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Agency's exceptions are denied.
 
    Issued, Washington, D.C., December 23, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    VETERANS ADMINISTRATION
 
    MEDICAL CENTER
 
                                (Activity)
 
    and
 
    NATIONAL ASSOCIATION OF
 
    GOVERNMENT EMPLOYEES,
 
    LOCAL R4-17
 
                                  (Union)
                                       Case No. 0-AR-401
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator C. Robert Roadley filed by the Union under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Union's exceptions are denied.
 
    Issued, Washington, D.C., December 23, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    U.S. MARINE CORPS LOGISTICS SUPPORT BASE
 
    PACIFIC, BARSTOW, CALIFORNIA
 
                                (Activity)
 
    and
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, LOCAL 1482,
 
    BARSTOW, CALIFORNIA
 
                                  (Union)
                                       Case No. 0-AR-405
 
                                 DECISION
 
    This matter is before the Authority on an exception to the award of
 Arbitrator William S. Rule filed by the Union under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Union's exception is denied.
 
    Issued, Washington, D.C., December 23, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    NATIONAL FEDERATION OF
 
    FEDERAL EMPLOYEES,
 
    LOCAL 1263
 
                                  (Union)
 
    and
 
    DEFENSE LANGUAGE INSTITUTE,
 
    FOREIGN LANGUAGE CENTER,
 
    PRESIDIO OF MONTEREY, CALIFORNIA
 
                                (Activity)
                                       Case No. 0-AR-414
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator David A. Concepcion filed by the Union and by the Agency
 under section 7122(a) of the Federal Service Labor-Management Relations
 Statute and part 2425 of the Authority's Rules and Regulations.  The
 Union and the Agency filed oppositions.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union and the Agency have failed to
 establish that the Arbitrator's award is deficient on any of the grounds
 set forth in section 7122(a) of the Statute;  that is, that the award is
 contrary to any law, rule, or regulation, or that the award is deficient
 on other grounds similar to those applied by Federal courts in private
 sector labor-management relations.
 
    Accordingly, the exceptions of both the Union and the Agency are
 denied.
 
    Issued, Washington, D.C., December 23, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    NATIONAL AERONAUTICS & SPACE
 
    ADMINISTRATION, NASA - LEWIS
 
    RESEARCH CENTER, CLEVELAND, OHIO
 
                                (Activity)
 
    and
 
    THE LEWIS ENGINEERS AND SCIENTISTS
 
    ASSOCIATION, LOCAL UNION NO. 28
 
    INTERNATIONAL FEDERATION OF
 
    PROFESSIONAL AND TECHNICAL ENGINEERS,
 
    AFL/CIO - CLC
 
                                  (Union)
                                       Case No. 0-AR-423
 
                                 DECISION
 
    This matter is before the Authority on exception to the award of
 Arbitrator Phillp-Harold Marshall filed by the Union under section
 7122(a) of the Federal Service Labor-Management Relations Statute and
 part 2425 of the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Union's exception is denied.
 
    Issued, Washington, D.C., December 23, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    SMALL BUSINESS ADMINISTRATION
 
    DENVER, COLORADO DISTRICT OFFICE
 
                                (Activity)
 
    and
 
    NATIONAL FEDERATION OF FEDERATION
 
    EMPLOYEES, LOCAL 1851
 
                                  (Union)
                                       Case No. 0-AR-426
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Walter A. Fogel filed by the Activity under section 7122(a)
 of the Federal Service Labor-Management Relations Statute and part 2425
 of the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Activity has failed to establish that
 the Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Activity's exceptions are denied.
 
    Issued, Washington, D.C., December 23, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    U.S. ARMY DEFENSE LANGUAGE
 
    INSTITUTE, FOREIGN LANGUAGE CENTER
 
                                 (Agency)
 
    and
 
    NATIONAL FEDERATION OF FEDERAL
 
    EMPLOYEES, LOCAL 1263
 
                                  (Union)
                                       Case No. 0-AR-431
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Grady L. Mullennix filed by the Agency under section 7122(a)
 of the Federal Service Labor-Management Relations Statute and part 2425
 of the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Agency has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Agency's exceptions are denied.
 
    Issued, Washington, D.C., December 23, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    U.S. DEPARTMENT OF AGRICULTURE,
 
    ANIMAL AND PLANT HEALTH INSPECTION
 
    SERVICE
 
                                (Activity)
 
    and
 
    NATIONAL ASSOCIATION OF AGRICULTURE
 
    EMPLOYEES, LOCAL 19
 
                                  (Union)
                                       Case No. 0-AR-506
 
                                 Decision
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator C. Walter Roadley filed by the Union under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Union's exceptions are denied.
 
    Issued, Washington, D.C., December 23, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    U.S. IMMIGRATION AND
 
    NATURALIZATION SERVICE
 
                                 (Agency)
 
    and
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, LOCAL 2455, NATIONAL
 
    BORDER PATROL COUNCIL
 
                                  (Union)
                                       Case No. 0-AR-250
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Ernest E. Marlatt filed by the Union under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Union's exceptions are denied.
 
    Issued, Washington, D.C., December 30, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    NASA LEWIS RESEARCH CENTER,
 
    CLEVELAND, OHIO
 
                                (Activity)
 
    and
 
    THE LEWIS ENGINEERS AND
 
    SCIENTIFIC ASSOCIATION,
 
    LOCAL 28, INTERNATIONAL
 
    FEDERATION OF PROFESSIONAL
 
    AND TECHNICAL ENGINEERS
 
    AFL-CIO-CLC
 
                                  (Union)
                                       Case No. 0-AR-279
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Peter DiLeone filed by the Union under section 7122(a) of the
 Federal Service Labor-Management Relations Statute and part 2425 of the
 Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Union's exceptions are denied.
 
    Issued, Washington, D.C., December 30, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    U.S.ARMY ENGINEER CENTER
 
    AND FORT BELVOIR
 
                                 (Agency)
 
    and
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, LOCAL 1052
 
                                  (Union)
                                       Case No. 0-AR-313
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator William Feldesman filed by the Agency under section 7122(a)
 of the Federal Service Labor-Management Relations Statute and part 2425
 of the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Agency has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Agency's exceptions are denied.
 
    Issued, Washington, D.C., December 30, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    DEPARTMENT OF DEFENSE
 
    DEPENDENTS SCHOOLS,
 
    FRANKFORT, WEST GERMANY
 
                                (Activity)
 
    and
 
    Overseas Education
 
    Association
 
                                  (Union)
                                       Case No. 0-AR-391
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Arnold M. Zack filed by the Union under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Union's exceptions are denied.
 
    Issued, Washington, D.C., December 30, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    NAVAL WEAPONS STATION
 
    CONCORD, CALIFORNIA
 
                                (Activity)
 
    and
 
    AMERICAN FEDERATION OF
 
    GOVERNMENT EMPLOYEES,
 
    LOCAL 1931
 
                                  (Union)
                                       Case No. 0-AR-410
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Harvey Letter filed by the Agency under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Agency has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Agency's exceptions are denied.
 
    Issued, Washington, D.C., December 30, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ During the course of the hearing the parties stipulated that two
 positions included in the original CU petition were now occupied by full
 time military personnel and were therefore not in issue.  This
 stipulation is deemed a motion to amend the petition and is hereby
 granted.
 
 
    /2/ 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 . . . .