14:0003(1)CU - Army, Ballistic Missile Defense, Advanced Technology Center, Huntsville, AL and AFGE Local 1858 -- 1984 FLRAdec RP



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14:0003(1)CU
The decision of the Authority follows:


 14 FLRA No. 1
 
 DEPARTMENT OF THE ARMY
 BALLISTIC MISSILE DEFENSE
 ADVANCED TECHNOLOGY CENTER
 HUNTSVILLE, ALABAMA
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 1858 (AFFILIATED
 WITH AFL-CIO)
 Petitioner /1/
 
                                            Case No. 4-CU-20008
 
                    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, Local 1858 (Affiliated with AFL-CIO) (AFGE) was
 certified as the exclusive representative for a unit of all professional
 employees of the Ballistic Missile Defense Advanced Technology Center,
 Huntsville, Alabama.  Essentially, the amended petition seeks to clarify
 the bargaining unit status of 16 GS-15 employees who the Petitioner
 contends should be included in the unit because they are neither
 supervisors nor management officials.  /2/
 
    Supervisors
 
    The Activity contends that the following employees are supervisors
 within the meaning of section 7103(a)(10) of the Statute, /3/ and should
 be excluded from the unit:  Will Jordan, General Engineer, GM-801-15;
 Melvin Capps, General Engineer, GM-801-15;  Albert Carmichael, General
 Engineer, GM-801-15;  Charles Fendley, General Engineer, GM-801-15;
 Frank Vann, General Engineer, GM-801-15;  Lee Webster, General Engineer,
 GM-801-15;  Donald Schenk, Electronics Engineer, GM-855-15;  and Marcus
 Whitfield, General Engineer, GM-801-15.  Of these, the record
 establishes that Webster and Whitfield assign and direct the work of
 subordinates;  that Schenk, Carmichael and Capps assign and direct work
 and have effectively recommended the hiring of subordinates;  that
 Jordan and Fendley assign and direct work and have effectively
 recommended awards and promotions for subordinates;  and that Vann
 assigns and directs work and has effectively recommended the hiring of
 and awards and promotions for subordinates.  The Authority further finds
 that the above duties are not merely routine or clerical in nature, but
 require the consistent exercise of independent judgment.  Accordingly,
 the employees listed above are supervisors within the meaning of section
 7103(a)(10) of the Statute and should continue to be excluded from the
 unit.  /4/
 
    MANAGEMENT OFFICIALS
 
    The Activity contends that the following employees are management
 officials within the meaning of section 7103(a)(11) of the Statute /5/
 and must be excluded from the unit:  Lawrence Tubbs, Electronics
 Engineer, GM-855-15;  Benjamen Shratter, General Engineer, GM-801-15;
 Jerry Cavender, General Engineer, GM-801-15;  Larry Havard, General
 Engineer, GM-801-15;  John Hagefstration, General Engineer, GM-801-15;
 Forney Hoke, General Engineer, GM-801-15;  Gilbert Kannapel, General
 Engineer, GM-801-15;  and Lyle McDyson, General Engineer, GM-801-15.  In
 the lead case of Department of the Navy, Automatic Data Processing
 Selection Office, 7 FLRA 172(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 above
 employees, characterized as project managers, are highly trained
 professionals whose actions assist in implementing, as opposed to
 shaping, the Activity's policies.  Thus, the record establishes that the
 project managers are responsible for accomplishing the objectives of
 their projects within the guidelines established by their superiors and
 Activity policy and providing technical direction to the employees
 working on the projects.  It follows that these employees are not
 management officials in that they do not exercise duties and
 responsibilities which require or authorize them to formulate,
 determine, or influence the policies of the Activity within the meaning
 of section 7103(a)(11).  Accordingly, the Authority finds that these
 employees should be included in the recognized bargaining unit.  See
 National Aeronautics and Space Administration, Headquarters,
 Administration Division, 12 FLRA No. 37(1983).
 
                                   ORDER
 
    IT IS ORDERED that the unit sought to be clarified be, and it hereby
 is, clarified by including in the unit the following employees:
 Lawrence Tubbs, Electronics Engineer, GM-855-15;  Benjamen Shratter,
 General Engineer, GM-801-15;  Jerry Cavender, General Engineer,
 GM-801-15;  Larry Havard, General Engineer, GM-801-15;  John
 Hagefstration, General Engineer, GM-801-15;  Forney Hoke, General
 Engineer, GM-801-15;  Gilbert Kannapel, General Engineer, GM-801-15;
 and Lyle McDyson, General Engineer, GM-801-15.
 
    IT IS FURTHER ORDERED that, with regard to all other employees sought
 to be included herein, the petition be, and it hereby is, dismissed.
 
    Issued, Washington, D.C., February 6, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ The names of the Activity and the Labor Organization appear as
 amended at the hearing.
 
 
    /2/ The unit as originally certified excluded all GS-15 employees.
 
 
    /3/ 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 clerical in nature but requires the consistent
       exercise of independent judgment . . .
 
 
    /4/ Therefore, it is unnecessary to determine whether these employees
 are also management