Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire (Activity) and International Association of Fire Fighters, Local F-123 (Petitioner) 

 6 FLRA No. 20
 
 DEPARTMENT OF THE NAVY,
 PORTSMOUTH NAVAL SHIPYARD,
 PORTSMOUTH, NEW HAMPSHIRE
 Activity
 
 and
 
 INTERNATIONAL ASSOCIATION OF
 FIRE FIGHTERS, LOCAL F-123
 Petitioner
 
                                            Case No. 1-CU-14
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    UPON A PETITION DULY FILED UNDER SECTION 7111(B) OF THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE) A HEARING WAS
 HELD IN THIS CASE 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.
 
    THE PETITIONER SEEKS TO CLARIFY AN EXISTING EXCLUSIVELY RECOGNIZED
 UNIT OF FIRE FIGHTERS AND FIRE PREVENTION INSPECTORS AT THE PORTSMOUTH
 NAVAL SHIPYARD (THE ACTIVITY) /1/ TO INCLUDE FOUR INDIVIDUALS CLASSIFIED
 AS FIRE CAPTAIN (SUPERVISORY FIRE FIGHTER (STRUCTURAL) GS-081-6),
 CONTENDING THAT SUCH FIRE CAPTAINS DO NOT EXERCISE SUPERVISORY AUTHORITY
 A PREPONDERANCE OF THEIR ON-DUTY TIME AND THEREFORE ARE NOT
 "SUPERVISORS" WITHIN THE MEANING OF SECTION 7103(A)(10) OF STATUTE.  /2/
 THE ACTIVITY CONTENDS THAT A PETITION FOR CLARIFICATION OF UNIT (CU
 PETITION) IS AN INAPPROPRIATE VEHICLE FOR DETERMINING THE UNIT STATUS OF
 FIRE CAPTAINS (SUPERVISORY FIRE FIGHTERS), WHO HAD BEEN EXPRESSLY
 EXCLUDED FROM THE UNIT WHEN CERTIFIED.
 
    THE PARTIES STIPULATED THAT THE FIRE CAPTAINS OR SUPERVISORY FIRE
 FIGHTERS ARE NOT SUPERVISORS WITHIN THE MEANING OF SECTION 7103(A)(10)
 OF THE STATUTE.  IN THIS REGARD THE PARTIES STIPULATED THAT THE FIRE
 CAPTAINS (SUPERVISORY FIRE FIGHTERS) DO NOT HIRE, PROMOTE, REWARD,
 TRANSFER, FURLOUGH, LAY OFF, RECALL OR REMOVE EMPLOYEES.  THE PARTIES
 FURTHER STIPULATED THAT ALL GENERAL SCHEDULE FIRE FIGHTERS PERFORM
 ACTING FIRE CAPTAIN DUTIES ON A ROTATING BASIS, AND THAT, WHILE THE FIRE
 CAPTAINS EXERCISE SOME SUPERVISORY AUTHORITY, THEY SPEND LESS THAN A
 PREPONDERANCE OF THEIR EMPLOYMENT TIME IN THE EXERCISE OF SUCH
 AUTHORITY.
 
    AS TO THE ACTIVITY'S CONTENTION THAT A PETITION SEEKING CLARIFICATION
 OF AN EXISTING CERTIFIED UNIT IS INAPPROPRIATE WHERE THE CLARIFICATION
 SOUGHT CONCERNS THE STATUS OF A CATEGORY OF EMPLOYEES SPECIFICALLY
 EXCLUDED IN THE EXISTING CERTIFICATION, THE AUTHORITY HAS PREVIOUSLY
 FOUND THAT A CLARIFICATION OF UNIT PETITION IS PROPER IN THE
 CIRCUMSTANCES OF THIS CASE.  /3/ WHERE, AS HERE, THERE IS AN INTERVENING
 CHANGED CIRCUMSTANCE, SUCH AS THE PERTINENT CHANGE IN THE DEFINITION OF
 "SUPERVISOR" CONTAINED IN THE STATUTE, INCLUDING " . . . ONLY THOSE
 INDIVIDUALS WHO DEVOTE A PREPONDERANCE OF THEIR EMPLOYMENT TIME TO
 EXERCISING SUCH (SUPERVISORY) AUTHORITY . . . ," A UNIT CLARIFICATION
 PETITION MAY BE UTILIZED TO RESOLVE ANY RESULTING QUESTION OF STATUS.
 SINCE IT HAS BEEN FOUND THAT THE INSTANT PETITION IS APPROPRIATE AND THE
 PARTIES HAVE STIPULATED THAT THE FIRE CAPTAINS (SUPERVISORY FIRE
 FIGHTERS) ARE NOT SUPERVISORS WITHIN THE MEANING OF THE STATUTE, THEY
 WILL BE INCLUDED WITHIN THE BARGAINING UNIT.  /4/
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED IN WHICH
 EXCLUSIVE RECOGNITION WAS GRANTED TO THE INTERNATIONAL ASSOCIATION OF
 FIRE FIGHTERS, LOCAL F-123 ON OCTOBER 18, 1977, AT THE DEPARTMENT OF THE
 NAVY, PORTSMOUTH NAVAL SHIPYARD, PORTSMOUTH, NEW HAMPSHIRE, BE, AND
 HEREBY IS, CLARIFIED BY INCLUDING IN SAID UNIT THE POSITION OF FIRE
 CAPTAIN (SUPERVISORY FIRE FIGHTER (STRUCTURAL) GS-081-6).
 
    ISSUED, WASHINGTON, D.C., JUNE 17, 1981
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ THE PETITIONER IS THE EXCLUSIVE REPRESENTATIVE OF A UNIT
 DESCRIBED AS FOLLOWS:
 
    INCLUDED:  ALL FIRE FIGHTERS AND FIRE PREVENTION INSPECTORS EMPLOYED
 AT THE PORTSMOUTH
 
    NAVAL SHIPYARD.
 
    EXCLUDED:  MANAGEMENT OFFICIALS, PROFESSIONAL EMPLOYEES, EMPLOYEES
 ENGAGED IN FEDERAL
 
    PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY, SUPERVISORY
 FIRE FIGHTERS, FIRE
 
    CHIEF, SUPERVISORS AS DEFINED IN THE ORDER AND ALL OTHER EMPLOYEES.
 
    /2/ SECTION 7103(A)(10) OF THE STATUTE DEFINES "SUPERVISOR" AS
 FOLLOWS:
 
    "(S)UPERVISOR" 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
 
    (.)
 
    /3/ DEPARTMENT OF THE NAVY, PORTSMOUTH NAVAL SHIPYARD, PORTSMOUTH,
 NEW HAMPSHIRE, CASE NO. 1-CU-14 (DECISION ON REQUEST FOR REVIEW, JULY
 10, 1980).
 
    /4/ SEE ALSO, DEPARTMENT OF THE ARMY, U.S. ARMY ARMOR CENTER, FORT
 KNOX, KENTUCKY, 4 FLRA NO. 20(1980).