14:0187(39)CU - The Adjutant General, State of Georgia, DOD, Military Division, Atlanta, GA and Georgia ACT -- 1984 FLRAdec RP



[ v14 p187 ]
14:0187(39)CU
The decision of the Authority follows:


 14 FLRA No. 39
 
 THE ADJUTANT GENERAL, STATE OF GEORGIA
 DEPARTMENT OF DEFENSE, MILITARY DIVISION
 ATLANTA, GEORGIA
 Activity /1/
 
 and
 
 GEORGIA ASSOCIATION OF CIVILIAN TECHNICIANS
 Petitioner
 
                                            Case No. 4-CU-30007
 
                    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 Georgia Association of
 Civilian Technicians (ACT) was certified as the exclusive bargaining
 representative for a unit of all General Schedule and Wage Board
 Technicians employed by the Georgia Air National Guard.  Essentially,
 the petition seeks to clarify the bargaining unit status of eight
 employees in seven job classifications based on the Activity's
 allegations that they are supervisors and/or management officials.
 
    SUPERVISORS /2/
 
    The Activity contends that the incumbents in the following job
 classifications are supervisors and should be excluded from the
 bargaining unit:  Fire Chief, GS-0080-09, F5710001;  Production
 Controller (Elec), GS-1152-09, F3990000;  Testing Equipment Operator,
 WG-5439-11, F5439200;  Freight Rate Specialist, GS-2131-07, F6484100;
 Security Officer, GS-0080-09, F8143100;  Aircraft Electrician,
 WG-2892-11, F4538100;  and Fabric Worker, WG-3105-10, F4522200.  Of
 these, the record establishes that the incumbents in the job
 classifications of Production Controller (Elec) and Testing Equipment
 Operator assign and direct work, and have effectively recommended the
 hiring of, and promotions for, subordinates;  and that the incumbents in
 the job classifications of Freight Rate Specialist, Aircraft Electrician
 and Fabric Worker assign and direct work and have effectively
 recommended the hiring of subordinates.  Further, the Authority finds
 the above duties are not merely routine or clerical in nature, but
 require the consistent exercise of independent judgment.  The Authority
 further finds that the incumbent in the job classification Fire Chief
 assigns and directs work and has effectively recommended the hiring of
 subordinates, and that he devotes a preponderance of his employment time
 in exercising such duties which are not merely routine or clerical in
 nature, but require the consistent exercise of independent judgment.
 /3/ Accordingly, the above employees are supervisors within the meaning
 of section 7103(a)(10) of the Statute and shall be excluded from the
 unit.  /4/
 
    The Authority further finds that the incumbent in the job
 classification of Security Officer is not a supervisor within the
 meaning of section 7103(a)(10) as he does not supervise "employees." In
 this regard, section 7103(a)(2) of the Statute defines an "employee" as
 an individual "employed in an agency." Section 7103(a)(3) defines agency
 in principle part as "an Executive Agency." However, the individuals
 supervised by the Security Officer herein are employed by the State of
 Georgia which pays their salaries and fringe benefits and under whose
 laws they are covered.  Therefore, the Authority finds that the Security
 Officer is not a supervisor as defined in the Statute.  /5/
 
    MANAGEMENT OFFICIALS /6/
 
    Alternatively, the Activity contends that the Security Officer is a
 management official and must be excluded from the unit on that basis.
 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 a