14:0266(48)CU - Air Force, Hanscom AFB, Bedford, MA and Local 1384, NFFE; Air Force, Hanscom AFB, Bedford, MA and Local 975, NFFE -- 1984 FLRAdec RP



[ v14 p266 ]
14:0266(48)CU
The decision of the Authority follows:


 14 FLRA No. 48
 
 DEPARTMENT OF THE AIR FORCE
 HANSCOM AIR FORCE BASE
 BEDFORD, MASSACHUSETTS
 Activity/Petitioner
 
 and
 
 LOCAL 1384, NATIONAL FEDERATION OF
 FEDERAL EMPLOYEES
 Labor Organization
 
                                            Case No. 1-CU-40
 
 DEPARTMENT OF THE AIR FORCE
 HANSCOM AIR FORCE BASE
 BEDFORD, MASSACHUSETTS
 Activity/Petitioner
 
 and
 
 LOCAL 975, NATIONAL FEDERATION OF
 FEDERAL EMPLOYEES
 Labor Organization
 
                                            Case No. 1-CU-41
 
                    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), hearings were held before hearing
 officers of the Authority.  /1/ The hearing officers' rulings made at
 the hearings are free from prejudicial error and are hereby affirmed.
 
    Upon consideration of the entire record, including the parties'
 contentions, /2/ the Authority finds:  In Case No. 1-CU-40, the
 Activity/Petitioner, in its amended petition, seeks to exclude 49
 employees from the bargaining unit on the grounds that they are
 supervisors, management officials or both.  /3/ In Case No. 1-CU-41, the
 Activity/Petitioner, in its amended petition, seeks to exclude 18
 employees from the bargaining unit on the grounds that they are
 supervisors, management officials or both.  /4/ SUPERVISORS
 
    The Activity/Petitioner contends that the employees in the job
 classifications listed under Case No. 1-CU-40 in Appendix A are
 supervisors within the meaning of section 7103(a)(10) of the Statute,
 and should be excluded from the unit.  /5/ Of these, the record
 establishes that Jack Griffin, Electronics Engineer, GS-855-13;  Thomas
 Murdock, Astrophysicist, GS-1330-13;  Stephen Price, Physicist (Optics),
 GS-1310-14;  Adelbert McIntyre, Physicist (Optics), GS-1310-15;  Robert
 O'Neil, Physicist (General), GS-1310-14;  Robert Gowell, Electronics
 Engineer, GS-855-13;  Jurgen Buchau, Physicist (Physics of Atmosphere),
 GS-1310-14;  Michael Smiddy, Physicist (Physics of Atmosphere),
 GS-1310-14;  Allen Bailey, Electronics Engineer, GS-855-14;  William
 Vickery, Aerospace Engineer, GS-861-14;  Robert Good, Physicist
 (General), GS-1310-14;  John Paulsen, Research Chemist, GS-1320-15;  and
 Alton Armington, Research Chemist, GS-1320-14 assign and direct work and
 have effectively recommended subordinates for awards;  that Donald
 Smith, Physicist (Optics), GS-1310-14;  Edward Mullen, Physicist
 (Physics of Atmosphere), GS-1310-13;  John Rex, Electronics Engineer,
 GS-855-14;  John Jasperse, Physicist (Physics of Atmosphere),
 GS-1310-14;  Antonio Quesada, Mathematician, GS-1520-13;  and Charles
 Gallagher, Physicist (General), GS-1310-13 assign and direct work of
 subordinates;  that Hans Laping, Electronics Engineer, GS-855-13;
 Robert McInerney, Mathematician, GS-1520-13;  Paul Tsipouras,
 Mathematician, GS-1520-13;  and Charles Philbrick, Physicist (Physics of
 Atmosphere), GS-1310-14 assign and direct work and have effectively
 recommended the hiring of subordinates;  that Alfred Rahbee, Physicist
 (Optics), GS-1310-14;  Ernest Huppi, Electronics Engineer, GS-855-14;
 Herbert Cohen, Physicist (Physics of Atmosphere), GS-1310-15;  and
 Donald Bedo, Physicist (Atomic and Molecular Physics), GS-1310-15 assign
 and direct work and have effectively recommended subordinates for
 promotions;  that Charles Cunniff, Physical Scientist, GS-1310-13;  and
 John Kennealy, Physicist (Optics), GS-1310-14 assign and direct work and
 have effectively recommended the hiring of and promotions for
 subordinates;  that Michael Kraus, Physicist (Physics of Atmosphere),
 GS-1310-13;  and Lester Lowe, Physicist (Solid State), GS-1310-14 assign
 and direct work and have effectively recommended subordinates for awards
 and promotions;  that Raymond Wilton, Electronics Engineer, GS-855-14
 assigns and directs work and has effectively recommended the hiring of
 and awards for subordinates;  and that Russell Steeves, Aerospace
 Engineer, GS-861-14 has effectively recommended subordinates for awards.
  Further, the Authority 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
 must be excluded from the unit.  /6/
 
    Further, the record indicates that Ted Wirtanen, Geodesist,
 GS-1372-13;  John Schummers, Physicist (Optics), GS-1310-13;  and Harold
 Gardiner, Physicist (General), GS-1310-13 supervise only active duty
 military personnel.  As noted, section 7103(a)(10) of the Statute
 defines a "supervisor" as an individual having certain authority over
 "employees." Section 7103(a)(2) defines an "employee" for the purposes
 of the Statute as an individual "employed in an agency," but
 specifically excludes from that definition "a member of the uniformed
 services." The Authority finds that the individuals supervised by the
 above incumbents are members of the uniformed services and thus are not
 "employees" within the meaning of the Statute.  /7/ Therefore, the
 Authority finds that these incumbents are not supervisors as defined in
 the Statute and shall order that they remain in the unit.
 
    With regard to all other employees listed under Case No. 1-CU-40 in
 Appendix A, the Authority finds that they are not supervisors within the
 meaning of section 7103(a)(10) of the Statute and must remain in the
 unit since they do not exercise any of the statutory indicia of
 supervisory authority.
 
    With regard to those individuals listed under Case No. 1-CU-41 in
 Appendix A, the record indicates that Eugene Delpapa assigns and directs
 work and has hired subordinates;  that Robert Stanton and Douglas
 Dalessio assign and direct work;  that Clement Horrigan assigns and
 directs work, has disciplined subordinates and has effectively
 recommended the hiring of subordinates;  and that Samuel Galzerano
 assigns and directs work, has hired and disciplined subordinates, and
 has effectively recommended awards 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 under Case No. 1-CU-41 in Appendix A
 are supervisors within the meaning of section 7103(a)(10) of the Statute
 and must be excluded from the unit.  /8/ MANAGEMENT OFFICIALS
 
    The Activity/Petitioner contends that the employees listed in
 Appendix B are management officials within the meaning of section
 7103(a)(11) of the Statute /9/ and must be excluded from the unit.  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 cases, the Authority finds that although the
 employees involved herein are highly trained individuals whose actions
 assist in implementing, as opposed to shaping, the Activity's policies,
 they currently do not exercise duties or responsibilities which require
 or authorize them to formulate, determine, or influence the policies of
 the Activity within the meaning of section 7103(a)(11) of the Statute as
 interpreted by the Authority.  Accordingly, the Authority finds that the
 employees listed in Appendix B are not management officials and
 therefore must be included in their respective bargaining units.
 
                                   ORDER
 
    IT IS ORDERED that the units sought to be clarified in Case Nos.
 1-CU-40 and 1-CU-41 be, and they hereby are, clarified by including in
 their respective units the following employees listed in Appendix A:
 Chien Hsiung Yang, Physicist (Physics of Atmosphere), GS-1310-14;
 Margaret Shea, Physicist (Nuclear Physics), GS-1310-14;  Paul Fougere,
 Physicist (Physics of Atmosphere), GS-1310-14;  Paul Rothwell, Physicist
 (Nuclear Physics), GS-1310-14;  Ted Wirtanen, Geodesist, GS-1372-13;
 John Schummers, Physicist (Optics), GS-1310-13;  and Harold Gardiner,
 Physicist (General), GS-1310-13;  and further including in their
 respective units all employees listed in Appendix B.
 
    IT IS FURTHER ORDERED that the units sought to be clarified in Case
 Nos. 1-CU-40 and 1-CU-41 be, and they hereby are, clarified by excluding
 from their respective units all other employees listed in Appendix A,
 who have been found herein to be supervisors.  Issued, Washington, D.C,
 April 20, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
                                APPENDIX A
 
                    EMPLOYEES ALLEGED TO BE SUPERVISORS
 
    CASE NO. 1-CU-40, WITH REGARD TO THE BARGAINING UNIT
 REPRESENTED BY
 LOCAL 1384, NFFE
 
    Hans Laping, Electronics Engineer, GS-855-13
 
    Jack Griffin, Electronics Engineer, GS-855-13
 
    Russell Steeves, Aerospace Engineer, GS-861-14
 
    Ted Wirtanen, Geodesist, GS-1372-13
 
    Chien Hsiung Yang, Physicist (Physics of Atmosphere), GS-1310-14
 
    Thomas Murdock, Astrophysicist, GS-1330-13
 
    Charles Cunniff, Physical Scientist, GS-1301-13
 
    Stephen Price, Physicist (Optics), GS-1310-14
 
    Adelbert McIntyre, Physicist (Optics), GS-1310-15
 
    Alfred Rahbee, Physicist (Optics), GS-1310-14
 
    Jack Kennealy, Physicist (Optics), GS-1310-14
 
    Ernest Huppi, Electronics Engineer, GS-855-14
 
    Robert O'Neil, Physicist (General), GS-1310-14
 
    Donald Smith, Physicist (Optics), GS-1310-14
 
    Michael Kraus, Physicist (Physics of Atmosphere), GS-1310-13
 
    Edward Mullen, Physicist (Physics of Atmosphere), GS-1310-13
 
    John Rex, Electronics Engineer, GS-855-14
 
    John Schummers, Physicist (Optics), GS-1310-13
 
    Harold Gardiner, Physicist (General), GS-1310-13
 
    Robert Gowell, Electronics Engineer, GS-855-13
 
    Jurgen Buchau, Physicist (Physics of Atmosphere), GS-1310-14
 
    John Jasperse, Physicist (Physics of Atmosphere), GS-1310-14
 
    Michael Smiddy, Physicist (Physics of Atmosphere), GS-1310-14
 
    Herbert Cohen, Physicist (Physics of Atmosphere), GS-1310-15
 
    Margaret Shea, Physicist (Nuclear Physics), GS-1310-14
 
    Paul Fougere, Physicist (Physics of Atmosphere), GS-1310-14
 
    Allen Bailey, Electronics Engineer, GS-855-14
 
    William Vickery, Aerospace Engineer, GS-861-14
 
    Robert Good, Physicist (General), GS-1310-14
 
    John Paulsen, Research Chemist, GS-1320-15
 
    Antonio Quesada, Mathematician, GS-1520-13
 
    Charles Gallagher, Physicist (General), GS-1310-13
 
    Robert McInerney, Mathematician, GS-1520-13
 
    Paul Tsipouras, Mathematician, GS-1520-13
 
    Raymond Wilton, Electronics Engineer, GS-855-14
 
    Lester Lowe, Physicist (Solid State), GS-1310-14
 
    Alton Armington, Research Chemist, GS-1320-14
 
    Donald Bedo, Physicist (Atomic and Molecular Physics), GS-1310-15
 
    Paul Rothwell, Physicist (Nuclear Physics), GS-1310-14
 
    Charles Philbrick, Physicist (Physics of Atmosphere), GS-1310-14
 
    CASE NO. 1-CU-41, WITH REGARD TO THE BARGAINING UNIT
 REPRESENTED BY
 LOCAL 975, NFFE
 
    Eugene Delpapa, Historian, GS-170-13
 
    Robert Stanton, Industrial Engineer, GS-896-13
 
    Clement Horrigan, Electronics Engineer, GS-855-15
 
    Samuel Galzerano, Operations Research Analyst, GS-1515-13
 
    Douglas Dalessio, Industrial Engineer, GS-896-13
 
                                APPENDIX B
 
               EMPLOYEES ALLEGED TO BE MANAGEMENT OFFICIALS
 
    CASE NO. 1-CU-40, WITH REGARD TO THE BARGAINING UNIT
 REPRESENTED BY
 LOCAL 1384, NFFE
 
    George Vanasse, Physicist (Optics), GS-1310-15
 
    Ann Hilton, Physical Science Administrator, GS-1301-13
 
    Francis DelGreco, Physical Science Administrator, GS-1301-13
 
    Alfred Kahan, Physicist (Solid State), GS-1310-15
 
    Daniel Davies, Physicist (Solid State), GS-1310-14
 
    Rene Cormier, Physical Science Administrator, GS-1301-14
 
    Malcolm MacLeod, Physical Science Administrator, GS-1301-14
 
    Ronald Podsiadlo, Physical Science Administrator, GS-1301-14
 
    Case No. 1-CU-41, WITH REGARD TO THE BARGAINING UNIT
 REPRESENTED BY
 LOCAL 975, NFFE
 
    Sylvia Mayer, Research Psychologist, GS-180-14
 
    Richard L'Heureux, Industrial Engineer, GS-896-14
 
    Warner Oesterle, Industrial Engineer, GS-896-13
 
    Jack Segal, Electronics Engineer, GS-855-14
 
    Albert Scansaroli, Environmental Engineer, GS-801-13
 
    Vincent Dovydaitis, Electronics Engineer, GS-855-14
 
    Russel Pierce, Electronics Engineer, GS-855-13
 
    Ian Feltham, Electronics Engineer, GS-855-13
 
    Richard O'Neil, Electronics Engineer, GS-855-13
 
    Charles Weirman, Electronics Engineer, GS-855-13
 
    David Calkins, Electronics Engineer, GS-855-13
 
    James Malley, Electronics Engineer, GS-855-13
 
    Charles Hunter, Operations Research Analyst, GS-1515-13
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ During the course of the hearings, the petitions in Case Nos.
 1-CU-40, 1-CU-41 and 1-CU-42 were consolidated.  At a later date, the
 Petitioner in Case No. 1-CU-42, with no objection from the Activity,
 withdrew its petition which was then severed from this proceeding.
 
 
    /2/ As the brief filed by the National Federation of Federal
 Employees was untimely filed, it has not been considered herein.
 
 
    /3/ Local 1384, National Federation of Federal Employees, was
 certified as the exclusive bargaining representative in a unit which was
 later amended to cover all professional and nonprofessional General
 Schedule employees of the Deputy for Electronic Technology and the Air
 Force Geophysics Laboratory serviced by the Central Civilian Personnel
 Office, Hanscom Air Force Base, Bedford, Massachusetts.
 
 
    /4/ Local 975, National Federation of Federal Employees was certified
 as the exclusive bargaining representative for a unit of all
 nonsupervisory, professional General Schedule employees serviced by the
 Central Civilian Personnel Office, Hanscom Air Force Base, Bedford,
 Massachusetts excluding all General Schedule employees of the Air Force
 Geophysics Laboratory and the Deputy for Electronic Technology.
 
 
    /5/ 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(.)
 
 
    /6/ Therefore, it is unnecessary for the Authority to pass on the
 Activity/Petitioner's contention that McIntyre should be excluded from
 the unit on the ground that he is a management official and his name has
 not been listed in Appendix B.
 
 
    /7/ Department of the Army, Headquarters, Fort Huachuca, Fort
 Huachuca, Arizona, 11 FLRA No. 40 (1983).
 
 
    /8/ It is therefore unnecessary to pass on the Activity/Petitioner's
 contention that Stanton and Horrigan also should be excluded from the
 unit on the grounds that they are management officials, and their names
 have not been listed in Appendix B.
 
 
    /9/ Section 7103(a)(11) defines a "management official" as:
 
          . . . an individual employed by an agency in a position the
       duties and responsibilities of which require or a