Department of the Army, U.S. Army Armor Center, Fort Knox, Kentucky (Activity) and American Federation of Government Employees, Local 2302 (Labor Organization/Petitioner)
[ v04 p116 ]
04:0116(20)CU
The decision of the Authority follows:
4 FLRA No. 20
DEPARTMENT OF THE ARMY
U.S. ARMY ARMOR CENTER
FORT KNOX, KENTUCKY
Activity
and
AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
LOCAL 2302
Labor Organization/Petitioner
Case Nos. 4-CU-5 and 4-CU-7
DECISION AND ORDER CLARIFYING UNIT
UPON PETITIONS DULY FILED UNDER SEC. 7111(B)(2) OF THE FEDERAL
SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, 5 U.S.C. 7101-7135, A
CONSOLIDATED HEARING WAS HELD OF THESE TWO CASES 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 THE RECORD IN THE SUBJECT CASES, THE AUTHORITY FINDS: THE
PETITIONER SEEKS TO CLARIFY AN EXISTING EXCLUSIVELY RECOGNIZED UNIT,
WHICH INCLUDES THE ACTIVITY'S DIRECTORATE OF FACILITIES ENGINEERING /1/
TO INCLUDE FIVE EMPLOYEES CURRENTLY CLASSIFIED AS ELECTRICIAN, WG-11,
(CASE NO. 4-CU-5) AND TEN EMPLOYEES CURRENTLY CLASSIFIED AS SUPERVISORY
FIREFIGHTER, GS-6, (CASE NO. 4-CU-7), CONTENDING THAT THESE EMPLOYEES
ARE NOT SUPERVISORS WITHIN THE MEANING OF SEC. 7103(A)(10) OF THE
STATUTE. THE ACTIVITY CONTENDS THAT THE INCUMBENTS IN THE SUBJECT
POSITIONS ARE SUPERVISORS WITHIN THE MEANING OF SEC. 7103(A)(10) OF THE
STATUTE AND, ON THIS BASIS, OPPOSES THEIR INCLUSION IN THE RECOGNIZED
UNIT. SECTION 7103(A)(10) DEFINES SUPERVISOR AS FOLLOWS:
"SUPERVISOR" MEANS 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,
EXCEPT THAT, WITH RESPECT
TO ANY UNIT WHICH INCLUDES FIREFIGHTERS, OR NURSES, THE TERM
"SUPERVISOR" INCLUDES ONLY THOSE
INDIVIDUALS WHO DEVOTE A PREPONDERANCE OF THEIR EMPLOYMENT TIME TO
EXERCISING SUCH AUTHORITY;
THE ELECTRICIAN, WG-11 (4-CU-5)
THE DIRECTORATE OF FACILITIES ENGINEERING IS ONE OF THE COMPONENTS AT
THE U.S. ARMY ARMOR CENTER, FORT KNOX, KENTUCKY. IT IS RESPONSIBLE FOR
SUCH DUTIES AS MASTER PLANNING AND CONSTRUCTION PROGRAMS, REAL ESTATE
ACQUISITION, LOCAL MANAGEMENT AND MAINTENANCE OF THE PHYSICAL FACILITIES
OF THE U.S. ARMY ARMOR CENTER, FIRE PREVENTION AND PROTECTION AND
VARIOUS OTHER SERVICES. THE UTILITIES DIVISION IS ONE OF SEVEN
DIVISIONS WITHIN THIS DIRECTORATE AND, AMONG OTHER THINGS, IT SUPERVISES
AND COORDINATES THE MAINTENANCE, REPAIR AND OPERATION OF THE ARMOR
CENTER'S UTILITY PLANTS AND ELECTRICAL SYSTEMS. THE UTILITIES DIVISION,
IN TURN, IS SUBDIVIDED INTO FOUR BRANCHES: THE MECHANICAL BRANCH, THE
ELECTRICAL BRANCH, THE SANITATION BRANCH, AND THE HOSPITAL SUPPORT
BRANCH. THE MECHANICAL BRANCH CONSISTS OF SIX SECTIONS: THE UTILITIES
MAINTENANCE SECTION, HEATING SECTION, PLUMBING SECTION, REFRIGERATION
AND AIR CONDITIONING SECTION, PIPEFITTING SECTION, AND BOILER PLANT
MAINTENANCE AND OPERATIONS SECTION. THE UTILITIES MAINTENANCE SECTION
EMPLOYS THE FIVE ELECTRICIANS (WG-2805-11) IN QUESTION, ALONG WITH
SEVENTEEN OTHER PERSONS OF LOWER GRADE, ALL CLASSIFIED AS ELECTRICIANS.
THE UTILITIES MAINTENANCE SECTION WORKS THREE SHIFTS A DAY (DAY
EVENING, AND MIDNIGHT), SEVEN DAYS A WEEK. ELEVEN OF THE TWENTY-TWO
ELECTRICIANS ARE ASSIGNED TO THE WEEKDAY DAY SHIFT. THE REMAINING
ELEVEN COVER ALL THE EVENING AND MIDNIGHT SHIFTS, AND THE WEEKEND DAY
SHIFT. DURING THE WEEKDAY SHIFT, THE UTILITIES MAINTENANCE SECTION IS
RESPONSIBLE FOR MAINTENANCE OF THE ELECTRICITY, GAS APPLIANCES, AND
PLUMBING WITHIN THE FAMILY QUARTERS PORTION OF THE INSTALLATION. IT
APPEARS FROM THE RECORD THAT DURING THE EVENING AND MIDNIGHT SHIFTS, AND
ON THE WEEKEND, THE REMAINING ELEVEN PERSONNEL IN THE UTILITIES
MAINTENANCE SECTION ARE RESPONSIBLE FOR THE KINDS OF MAINTENANCE COVERED
BY THE ENTIRE UTILITIES DIVISION, AND ON A POSTWIDE BASIS.
THE UTILITIES MAINTENANCE SECTION IS HEADED BY A FOREMAN AND AN
ASSISTANT FOREMAN. BOTH OF THESE EMPLOYEES USUALLY WORK THE DAY SHIFT.
THE EVENING SHIFT IS HEADED BY ONE OF THE WG-11 ELECTRICIANS, WHO CAN BE
ACCOMPANIED ON THE SHIFT BY ONE OR TWO OTHER WG-11 ELECTRICIANS AND TWO
TO FOUR, WG-10 ELECTRICIANS. THESE ACCOMPANYING WG-11 AND WG-10
ELECTRICIANS THEN WORK SIDE BY SIDE IN THE FIELD. THE THIRD SHIFT IS
MANNED BY A SINGLE INDIVIDUAL, A WG-11 ELECTRICIAN.
WHEN THE EVENING SHIFT ARRIVES AT WORK, IT USUALLY FINDS WORK
ASSIGNMENTS, DRAWN UP BY THE FOREMAN OR ASSISTANT FOREMAN ON THE DAY
SHIFT, WAITING TO BE ACCOMPLISHED. THE WG-11 ELECTRICIAN IN CHARGE OF
THE EVENING SHIFT HAS DISCRETION TO GIVE THESE WORK ASSIGNMENTS TO THE
VARIOUS PERSONNEL ON HIS SHIFT. IT APPEARS FROM THE RECORD THAT, WHILE
THE PERSONNEL ON THE EVENING SHIFT ARE CLASSIFIED AS ELECTRICIANS, THEY
ARE ALL CAPABLE OF RESPONDING TO WORK ASSIGNMENTS IN ANY ONE OF THE JOB
AREAS; I.E., PLUMBING, HEATING, ETC. THE RECORD DOES INDICATE THAT
EMPLOYEES USUALLY HAVE AN AREA OF GREATER EXPERTISE, SUCH AS HEATING,
AND SOME EMPLOYEES USUALLY WORK IN TROOP QUARTERS, OTHERS IN FAMILY
QUARTERS. THE WG-11 ELECTRICIAN IN CHARGE TAKES THIS INTO ACCOUNT WHEN
ASSIGNING THE WORK ORDERS ON THE EVENING SHIFT.
IN ADDITION TO HANDING OUT THE PREEXISTING WORK ASSIGNMENTS, THE
WG-11 ELECTRICIAN IN CHARGE MANS THE PHONE FOR EMERGENCY CALLS. IF AN
EMERGENCY CALL COMES IN, THE WG-11 ELECTRICIAN DETERMINES ITS PRIORITY,
IN ACCORDANCE WITH ESTABLISHED CRITERIA, AND IF IT CANNOT WAIT FOR THE
DAY SHIFT'S ATTENTION, HE ASSIGNS OTHER ELECTRICIANS ON THE EVENING
SHIFT TO INVESTIGATE AND/OR REPAIR THE TROUBLESPOT. IF THE SITUATION
REQUIRES IMMEDIATE ATTENTION AND THE WG-11 ELECTRICIAN IN CHARGE
BELIEVES HE NEEDS DIFFERENT EXPERTISE THAN HE CURRENTLY HAS ON THE
SHIFT, HE IS AUTHORIZED TO CALL IN OTHER MECHANICS THAT WORK IN THE
DIRECTORATE OF FACILITIES ENGINEERING. FOR THIS PURPOSE, THE WG-11
ELECTRICIAN IN CHARGE HAS BEEN GIVEN A ROSTER OF ALL THE MECHANICS THAT
WORK IN THE DIRECTORATE OF FACILITIES ENGINEERING. FOR THIS PURPOSE,
THE WG-11 ELECTRICIAN IN CHARGE HAS BEEN GIVEN A ROSTER OF ALL THE
MECHANICS IN THE DIRECTORATE, ESTABLISHING THE ORDER OF CALL FOR THIS
OVERTIME WORK. THE RECORD IS UNCLEAR AS TO WHETHER THE WG-11
ELECTRICIAN IN CHARGE MUST CONTACT THE DAY FOREMAN/ASSISTANT FOREMAN
BEFORE CALLING EMPLOYEES ON THE ROSTER. HOWEVER, IN PRACTICE, THE WG-11
ELECTRICIAN USUALLY DOES CONTACT THE FOREMAN/ASSISTANT FOREMAN BEFORE
USING THE ROSTER AND EVEN MORE CONSISTENTLY CONTACTS THE
FOREMAN/ASSISTANT FOREMAN, AS WELL AS ANY OTHER APPROPRIATE BRANCH
CHIEFS, IF HE WANTS TO CALL SOMEONE WHO IS NOT NEXT IN LINE ON THE
ROSTER.
THE WG-11 ELECTRICIAN MANNING THE MIDNIGHT SHIFT, THE SOLE EMPLOYEE
ON THAT SHIFT, IS RESPONSIBLE FOR RECEIVING EMERGENCY CALLS. IF ONE
COMES IN, HE MAY CHOOSE TO GO OUT INTO THE FIELD AND INVESTIGATE THE
SITUATION, IN WHICH CASE HE TURNS OVER THE PHONE LINE TO AN OPERATOR AT
THE FIRE DEPARTMENT. THAT OPERATOR RECORDS ANY MESSAGES THAT MAY COME
IN DURING THE WG-11 ELECTRICIAN'S ABSENCE AND HANDS THEM TO THE
ELECTRICIAN UPON HIS RETURN. IF A MESSAGE APPEARS TO BE URGENT, THE
OPERATOR CONTACTS THE ELECTRICIAN IN THE FIELD VIA TWO-WAY RADIO. IF
THE WG-11 ELECTRICIAN ON THE MIDNIGHT SHIFT ENCOUNTERS A SITUATION
REQUIRING MORE MANPOWER OR EXPERTISE THAN HIS ALONE, HE RESORTS TO THE
EMPLOYEE ROSTER IN THE SAME MANNER AS THE WG-11 ELECTRICIAN IN CHARGE ON
THE EVENING SHIFT.
IN EITHER HIS CAPACITY AS THE ELECTRICIAN IN CHARGE ON THE EVENING
SHIFT, OR THE SOLE ELECTRICIAN ON THE MIDNIGHT SHIFT, THE WG-11
ELECTRICIAN DOES NOT HIRE, PROMOTE, REWARD, TRANSFER, FURLOUGH, LAYOFF,
RECALL, SUSPEND, DISCIPLINE, OR REMOVE ANY EMPLOYEES. NOR DOES HE
EFFECTIVELY RECOMMEND ANY OF THESE ACTIONS. FURTHERMORE, NOT ONLY DOES
THE WG-11 ELECTRICIAN NOT PARTICIPATE IN THE ADJUSTMENT OF GRIEVANCES,
BUT IN THE RECENT PAST, ONE WG-11 ELECTRICIAN HAD HIS OWN GRIEVANCE
SUCCESSFULLY RESOLVED THROUGH THE NEGOTIATED GRIEVANCE PROCEDURE. THE
WG-11 ELECTRICIAN IN CHARGE ON THE EVENING SHIFT CAN GRANT EMERGENCY
LEAVE AND PRESUMABLE WOULD BE RESPONSIBLE FOR REPORTING EMPLOYEE
MISCONDUCT, ALTHOUGH NO SUCH SITUATION HAS ARISEN. WG-11 ELECTRICIANS
DO NOT ATTEND SUPERVISORY MEETINGS, NO DO THEY PARTICIPATE IN EMPLOYEE
EVALUATIONS.
THE ACTIVITY'S ARGUMENT IN FAVOR OF FINDING THE WG-11 ELECTRICIAN A
SUPERVISOR RELIES CHIEFLY ON HIS DUTIES OF DIRECTING AND ASSIGNING OTHER
EMPLOYEES, WHEN HE IS THE ELECTRICIAN IN CHARGE ON THE EVENING SHIFT OR
ON THE MIDNIGHT SHIFT WHEN HE CALLS OTHER EMPLOYEES IN FOR AN EMERGENCY.
IN THIS CAPACITY, HE ASSIGNS JOBS TO OTHER ELECTRICIANS, AS THE JOB
REQUESTS COME IN, AND THEN SIGNS OFF ON THE JOB ORDERS WHEN IT HAS BEEN
REPORTED THAT THE JOBS ARE COMPLETE. WHILE THE WG-11 ELECTRICIAN HAS
DISCRETION TO ASSIGN PARTICULAR ELECTRICIANS TO PARTICULAR JOBS, IT DOES
NOT APPEAR FROM THE RECORD THAT THE EXERCISE OF THAT DISCRETION REQUIRES
THE CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT. THE RECORD INDICATES
ALL THE ELECTRICIANS ARE EQUALLY QUALIFIED TO HANDLE THE FULL RANGE OF
TASKS REQUIRED OF THE UTILITIES MAINTENANCE SECTION. EQUITABLE
DISTRIBUTION OF THE WORKLOAD USUALLY GOVERNS THE ASSIGNMENT OF EMPLOYEES
TO PARTICULAR JOBS. WHEN THE WG-11 ELECTRICIAN IN CHARGE DOES SELECT
ONE ELECTRICIAN OVER ANOTHER FOR A PLUMBING JOB IN THE FAMILY QUARTERS,
FOR INSTANCE, THE RECORD INDICATES THAT THIS IS MORE AN ACKNOWLEDGEMENT
THAT THE EMPLOYEE SELECTED HAS MORE EXPERIENCE IN PLUMBING, OR IN
WORKING AROUND FAMILY QUARTERS, THAN AN EXERCISE OF INDEPENDENT
SUPERVISORY JUDGMENT. MOREOVER, THE RECORD INDICATES THAT WG-10
ELECTRICIANS IN ANOTHER BRANCH, THE ACTIVITY'S ELECTRICAL BRANCH, ASSIGN
AND DIRECT OTHER ELECTRICIANS IN THE SAME MANNER AS THE WG-11
ELECTRICIAN IN CHARGE IN THE UTILITIES MAINTENANCE SECTION, YET THE
ACTIVITY DOES NOT ALLEGE THESE EMPLOYEES TO BE SUPERVISORY.
THE AUTHORITY THUS FINDS THE EVIDENCE CONTAINED IN THE RECORD
SUPPORTS THE PETITIONER'S CONTENTION THAT THE ELECTRICIANS, WG-11, ARE
NOT SUPERVISORS UNDER SEC. 7103(A)(10) OF THE STATUTE, IN THAT THE ONE
ELEMENT OF THEIR JOB THAT IS ALLEGEDLY SUPERVISORY (THE DIRECTING AND
ASSIGNING OTHER ELECTRICIANS) IS MORE ROUTINE IN NATURE AND DOES NOT
REQUIRE THE CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT. ACCORDINGLY,
THE AUTHORITY FINDS ELECTRICIANS, WG-11, SERVING IN THE UTILITIES
MAINTENANCE SECTION OF THE MECHANICAL BRANCH IN THE ACTIVITY'S
DIRECTORATE OF FACILITIES ENGINEERING ARE NOT SUPERVISORS WITHIN THE
MEANING OF THE STATUTE, AND WILL BE INCLUDED WITHIN THE BARGAINING UNIT.
THE FIRE CREW-CHIEF, GS-6 (4-CU-7)
THE POSITIONS IN QUESTION ARE THOSE OF TEN SUPERVISORY FIREFIGHTERS,
OR CREW-CHIEFS, LOCATED IN THE FIRE PREVENTION AND PROTECTION DIVISION
OF THE DIRECTORATE OF FACILITIES ENGINEERING, U.S. ARMY AMOR CENTER,
FORT KNOX, KENTUCKY. THE FIRE PREVENTION AND PROTECTION DIVISION IS
COMPOSED OF ONE FIRE CHIEF, ONE DEPUTY FIRE CHIEF, TWO ASSISTANT FIRE
CHIEFS, TEN CREW-CHIEFS (GS-081-6), TEN DRIVERS, SEVENTEEN FIREFIGHTERS,
AND FIVE FIRE PREVENTION INSPECTORS. THE DIVISION OCCUPIES THREE FIRE
STATIONS AND A HEADQUARTERS BUILDING, WHICH IS STAFFED BY THE CHIEF,
DEPUTY CHIEF, AND TWO ASSISTANT FIRE CHIEFS AND WHICH IS COLOCATED WITH
FIRE STATION NO. TWO BY A CREW-CHIEF AND TWO TO THREE SUBORDINATES, FIRE
STATION NO. THREE BY TWO CREW-CHIEFS AND THREE TO FOUR SUBORDINATES.
THE REASON FOR TWO CREW-CHIEFS AT FIRE STATION NO. THREE IS THAT THIS
FIRE STATION USUALLY HOUSES TWO FIREFIGHTING TEAMS, ONE FOR CRASH
RELATED FIRES, THE OTHER FOR STRUCTURAL FIRES.
THE FIRE CHIEF IS THE PRIMARY SUPERVISORY OFFICIAL IN THE FIRE
PREVENTION AND PROTECTION DIVISION. THE DEPUTY CHIEF IS THE
ADMINISTRATIVE OFFICER OF THE DIVISION AND IS ALSO RESPONSIBLE FOR
SETTING UP TRAINING PROGRAMS, INITIATING NEW FIREFIGHTING TECHNIQUES,
AND SIMILAR TYPES OF OPERATIONS. THE RECORD DOES NOT OUTLINE THE DUTIES
OF THE ASSISTANT CHIEFS. CREW-CHIEFS ARE RESPONSIBLE FOR THE ROUTINE
OPERATION OF THE FIRE STATION TO WHICH THEY ARE ASSIGNED. THEY WORK 24
HOUR SHIFTS ARE RELIEVED FROM DUTY FOR THE ENSUING 24 HOUR PERIOD.
THEIR 24 HOURS OF DUTY IS COMPOSED OF EIGHT HOURS OF ACTIVE DUTY, EIGHT
HOURS OF REST, AND EIGHT HOURS OF SLEEP, BARRING EMERGENCIES.
CREW-CHIEFS HAVE ADDITIONAL DUTIES, AS COMPARED TO OTHER FIREFIGHTING
PERSONNEL AT THEIR FIRE STATION, IN RELATION TO THE OPERATION OF THE
FIRE STATION. EACH DAY THERE ARE REGULAR CHORES WHICH MUST BE
ACCOMPLISHED, I.E., THE FIRE APPARATUS MUST BE CHECKED, THE STATION
CLEANED, FIRE EXTINGUISHERS RECHARGED. THESE TASKS ARE USUALLY DONE IN
A REGULAR ROUTINE ORDER. THE CREW-CHIEF IS RESPONSIBLE FOR SEEING THAT
THESE TASKS ARE DONE, AND HAS LATITUDE IN ASSIGNING SUBORDINATES TO THE
VARIOUS TASKS. HE ALSO WORKS ALONG WITH THE OTHER FIREFIGHTING
PERSONNEL IN ACCOMPLISHING THE TASKS. AN HOUR EACH DAY IS ALSO SET
ASIDE FOR TRAINING, FOR WHICH THE CREW-CHIEF WILL USUALLY ASSIGN PART OF
A TRAINING MANUAL FOR INDIVIDUAL READING AND THEN ANSWER QUESTIONS, OR
IN SOME CASES HE WILL GIVE A LECTURE OR DEMONSTRATION. MORE ELABORATE
TRAINING IS EITHER SCHEDULED BY, OR ADMINISTERED THROUGH, THE DEPUTY
FIRE CHIEF.
CREW-CHIEFS DO DIRECT FIREFIGHTING OPERATIONS, BUT TO A VERY LIMITED
EXTENT. IF THEY ARE THE FIRST ONES TO ARRIVE AT THE SCENE OF A FIRE,
THEY TAKE CHARGE OF THE FIREFIGHTING OPERATION UNTIL THE CHIEF, DEPUTY
CHIEF OR ONE OF THE ASSISTANT CHIEFS ARRIVES. THE RECORD INDICATES THAT
ONE OF THESE CHIEFS WOULD ARRIVE AT A FIRE ONLY SECONDS, AND AT MOST A
MINUTE, AFTER THE CREW-CHIEF AND HIS PERSONNEL. THE CREW-CHIEF FIGHTS
THE FIRE, ALONG WITH HIS PERSONNEL, BOTH BEFORE AND AFTER ONE OF THE
CHIEFS ARRIVES.
IN OTHER AREAS, THE CREW-CHIEF'S AUTHORITY IS SEVERLY LIMITED,
HOWEVER. THEY DO NOT HIRE OR EFFECTIVELY RECOMMEND HIRING ACTIONS.
WHILE THEY DO HAVE SOME LATITUDE IN ASSIGNING THE VARIOUS ROUTINE TASKS
TO DIFFERENT IN-STATION PERSONNEL, THEY CANNOT REASSIGN AN EMPLOYEE FROM
ONE FIRE STATION TO ANOTHER. THEY DO NOT TRANSFER, FURLOUGH, OR RECALL
EMPLOYEES. THEY DO NOT REWARD EMPLOYEES, HAVE ANY HAND IN EVALUATING
EMPLOYEES, OR MAINTAIN ANY EMPLOYEE RECORDS. THEY DO NOT DISCIPLINE
EMPLOYEES. THEY DO NOT GRANT LEAVE, AND EVEN IN THE SITUATION WHERE AN
EMPLOYEE COMES TO WORK UNFIT FOR DUTY, THEY WOULD CONTACT AN ASSISTANT
CHIEF FOR INSTRUCTIONS. THEY DO NOT RESOLVE GRIEVANCES NOR DO THEY HAVE
ANY RELATIONSHIP WITH UNION STEWARDS. THEY DO NOT ATTEND SUPERVISORY
MEETINGS.
THE RECORD THUS REVEALS THAT THE ONLY TWO ASPECTS OF THE CREW-CHIEF'S
JOB THAT ARE ALLEGEDLY SUPERVISORY IN NATURE ARE HIS ASSIGNMENT OF THE
REGULAR DUTIES AT THE FIRE STATION AND HIS DAILY ONE HOUR TRAINING
SESSION FOR THE FIREFIGHTERS. FROM THE RECORD, THIS AUTHORITY APPEARS
TO BE MERELY ROUTINE IN NATURE AND DOES NOT REQUIRE THE CONSISTENT
EXERCISE OF INDEPENDENT JUDGMENT.
THE AUTHORITY THUS FINDS THAT THE EVIDENCE CONTAINED IN THE RECORD
SUPPORTS THE PETITIONER'S CONTENTION THAT THE FIRE CREW-CHIEFS, GS-6,
ARE NOT SUPERVISORS UNDER SEC. 7103(A)(10) OF THE STATUTE, IN THAT THE
SUPERVISORY AUTHORITY THEY EXERCISE DOES NOT REQUIRE THE CONSISTENT
EXERCISE OF INDEPENDENT JUDGMENT. ACCORDINGLY, THE AUTHORITY FINDS FIRE
CREW-CHIEFS SERVING IN THE FIRE PREVENTION AND PROTECTION DIVISION IN
THE ACTIVITY'S DIRECTORATE OF FACILITIES ENGINEERING ARE NOT SUPERVISORS
WITHIN THE MEANING OF THE STATUTE, AND WILL BE INCLUDED WITHIN THE
BARGAINING UNIT.
ORDER
IT IT HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED, IN WHICH
EXCLUSIVE RECOGNITION WAS ORIGINALLY GRANTED TO THE AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES, LOCAL 2302 ON NOVEMBER 21, 1967, AT THE U.S.
ARMY ARMOR CENTER, FORT KNOX, KENTUCKY, BE AND HEREBY IS, CLARIFIED BY
INCLUDING IN SAID UNIT THE POSITIONS OF ELECTRICIAN, WG-11 AND
SUPERVISORY FIREFIGHTER, GS-6 (CREW-CHIEF).
ISSUED, WASHINGTON, D.C. AUGUST 29, 1980
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
/1/ THE PETITIONER WAS RECOGNIZED AS THE EXCLUSIVE REPRESENTATIVE FOR
ALL NON-PROFESSIONAL EMPLOYEES IN THE DIRECTORATE OF FACILITIES
ENGINEERING ON NOVEMBER 21, 1967. ON SEPTEMBER 25, 1978, THIS UNIT WAS
CONSOLIDATED WITH OTHER EXISTING UNITS OF THE PETITIONER AT THE U.S.
ARMY ARMOR CENTER.