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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.