West Point Elementary School, United States Military Academy, West Point, New York (Activity) and West Point Elementary School Teachers Association (Labor Organization/Petitioner)  

 6 FLRA No. 21
 
 WEST POINT ELEMENTARY SCHOOL,
 UNITED STATES MILITARY ACADEMY,
 WEST POINT, NEW YORK
 Activity
 
 and
 
 WEST POINT ELEMENTARY SCHOOL
 TEACHERS ASSOCIATION
 Labor Organization/Petitioner
 
                                            Case No. 2-CU-19
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS 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 THE ENTIRE RECORD IN THIS CASE, THE AUTHORITY FINDS:  THE
 PETITIONER, THE WEST POINT ELEMENTARY SCHOOL TEACHERS ASSOCIATION, FILED
 A PETITION FOR CLARIFICATION OF UNIT (CU) IN ORDER TO DETERMINE WHETHER
 CERTAIN EMPLOYEES SHOULD BE INCLUDED IN THE EXCLUSIVELY REPRESENTED
 BARGAINING UNIT.  /1/ SPECIFICALLY, THE ACTIVITY SEEKS TO EXCLUDE
 INCUMBENTS IN TWO POSITIONS AT THE SCHOOL ENTITLED TEACHER-LIBRARIAN AND
 TEACHER-LIBRARIAN (MEDIA SPECIALIST) ON THE GROUND THAT THEY ARE
 SUPERVISORS.  THE UNION CONTENDS THAT THE EMPLOYEES ARE NOT SUPERVISORS
 BUT, RATHER, ARE "LEAD" PERSONS WHO SHOULD BE INCLUDED WITHIN ITS UNIT.
 
    AS PART OF THEIR TEACHING DUTIES THE INCUMBENTS OF THE TWO
 CLASSIFICATIONS IN QUESTION OPERATE AN ELEMENTARY SCHOOL LIBRARY.  THE
 SCHOOL ITSELF IS DIVIDED INTO SEVERAL SEPARATE BUILDINGS IN CLOSE
 PROXIMITY TO ONE ANOTHER.  TEACHER-LIBRARIAN DEBORAH I. ENGEL OPERATES
 THE LIBRARY IN A BUILDING WHICH HOUSES FIFTH THROUGH EIGHTH GRADES.  THE
 OTHER TEACHER-LIBRARIAN, NANCY A DILL, OPERATES A LIBRARY IN A BUILDING
 WHICH HOUSES KINDERGARTEN THROUGH FOURTH GRADES (K-4).  EACH BUILDING
 HAS A PRINCIPAL.  THE K-4 BUILDING ALSO HOUSES THE SUPERVISING
 PRINCIPAL, OR SUPERINTENDENT.
 
    EACH TEACHER-LIBRARIAN IS ASSISTED BY A LIBRARY-TECHNICIAN ON A
 FULL-TIME BASIS.  THE RELATIONSHIP WITH THE LIBRARY-TECHNICIANS IS THE
 FOUNDATION OF THE DISPUTE HEREIN.  SECTION 7103(A)(10) OF THE STATUTE
 PROVIDES IN PERTINENT PART:
 
    "SUPERVISOR" MEANS AN INDIVIDUAL EMPLOYED BY AN AGENCY HAVING
 AUTHORITY IN THE INTEREST OF
 
    THE AGENCY TO HIRE, DIRECT, ASSIGN, PROMOTE, REWARD, TRANSFER,
 FURLOUGH, LAY OFF, 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 .
 . .
 
    THE ACTIVITY ASSERTS THAT THE TEACHER-LIBRARIANS ARE SUPERVISORS
 WITHIN THE MEANING OF THE STATUTE BECAUSE THEY ASSIGN, DIRECT AND
 EVALUATE THE WORK OF THE LIBRARY-TECHNICIANS AND HAVE THE AUTHORITY TO
 RECOMMEND HIRING, PROMOTION, AWARDS, AND DISCIPLINE, ALL WITH CONSISTENT
 EXERCISE OF INDEPENDENT JUDGMENT, AND NOT MERELY ROUTINELY OR IN A
 CLERICAL MANNER.  THE PETITIONER CONTENDS THAT THE TEACHER-LIBRARIANS
 ARE NOT SUPERVISORS BUT THAT THEY ACT AS "LEAD" PERSONS TO THE
 LIBRARY-TECHNICIANS, WHO ARE SELF-MOTIVATED AND LARGELY SELF-TAUGHT AND
 PERFORM THEIR WORK UNSUPERVISED WITH LITTLE OR NO DIRECTION.
 
    THE RECORD REVEALS THAT ALTHOUGH THE TEACHER-LIBRARIANS ASSIGN WORK
 TO THE LIBRARY-TECHNICIANS, THIS IS DONE INTERMITTENTLY.  FURTHER, THE
 WORK ASSIGNED TO THE TECHNICIANS REQUIRES LITTLE ACTUAL DIRECTION AND
 THE TECHNICIANS GENERALLY WORK ON THEIR OWN INITIATIVE.  THE RECORD
 DISCLOSES THAT THE MAJORITY OF THE DAY-TO-DAY SCHEDULE OF EACH
 TEACHER-LIBRARIAN IS DEVOTED TO THE PREPARATION AND THE TEACHING OF THE
 STUDENTS RATHER THAN INTERACTING WITH THE TECHNICIANS.  THE
 TEACHER-LIBRARIANS MUST POSSESS THE SAME CERTIFICATION REQUIREMENTS AS
 TEACHERS AND THEY ARE EVALUATED AS TEACHERS, NOT AS SUPERVISORS.
 
    ENGEL, ONE OF THE TEACHER-LIBRARIANS IN QUESTION, TESTIFIED AT THE
 HEARING THAT WHEN THE LIBRARY-TECHNICIAN SHE WORKS WITH WAS HIRED, SHE
 WAS NOT INVOLVED IN THE INTERVIEWING PROCESS AND THAT HER
 RECOMMENDATIONS TO HIRE A NEW TECHNICIAN WOULD NOT HAVE BEEN USED.  SHE
 ALSO STATED THAT WHEN SHE RECOMMENDED THE TECHNICIAN FOR A STEP
 INCREASE, THE STEP INCREASE WAS DENIED.
 
    REGARDING LEAVE, DILL, THE OTHER TEACHER-LIBRARIAN IN QUESTION,
 APPROVES LEAVE FOR THE TECHNICIAN WITH WHOM SHE WORKS.  THE LEAVE POLICY
 WAS PREDICATED UPON BUILDING PRACTICE OR CUSTOM RATHER THAN UPON THE
 EXERCISE OF INDEPENDENT JUDGMENT AND DILL TESTIFIED THAT THE LEAVE
 POLICY WAS ESTABLISHED BY PREVIOUS LIBRARIANS.  ENGEL HAD NEVER
 AUTHORIZED NOR RECOMMENDED LEAVE FOR THE TECHNICIAN WITH WHOM SHE WORKS
 UNTIL AUGUST WHEN SHE WAS TOLD TO SIGN FOR LEAVE TAKEN IN JULY BY THE
 TECHNICIAN WHILE ENGEL WAS NOT SCHEDULED TO WORK.
 
    EVALUATION OF THE PERFORMANCE OF THE TECHNICIANS IS DONE ANNUALLY BY
 THE RESPECTIVE TEACHER-LIBRARIANS, EACH OF WHOM HAS RECOMMENDED HER
 TECHNICIAN FOR AN AWARD.  HOWEVER, THE EVALUATIONS ARE GENERALLY ROUTINE
 AND DO NOT REQUIRE ANY DETAILED ANALYSIS OF THE TECHNICIAN'S
 PERFORMANCE.  FURTHER, THE EVIDENCE IS INSUFFICIENT TO SHOW THAT THE
 RECOMMENDATIONS ARE EFFECTIVE OR INVOLVE THE EXERCISE OF INDEPENDENT
 JUDGMENT SINCE ALTHOUGH BOTH OF THE ABOVE AWARDS WERE GRANTED, A PRIOR
 RECOMMENDATION FOR AN AWARD BY ENGEL WAS OVERRULED BY THE PRINCIPAL WHO
 WAS THE DECIDING OFFICIAL IN THE MATTER.  ALSO, THE PRINCIPAL, AND NOT
 THE TEACHER-LIBRARIAN, DETERMINES THE TYPE OF AWARD THAT WILL BE
 RECOMMENDED.
 
    THE RECORD DOES NOT SUPPORT THE ACTIVITY'S CONTENTION THAT THE
 EMPLOYEES IN QUESTION HAVE THE AUTHORITY TO HIRE, PROMOTE, DISCIPLINE,
 OR ADJUST GRIEVANCES OR EFFECTIVELY TO RECOMMEND THESE OR OTHER ACTIONS
 SET OUT IN SECTION 7103(A)(10).  THUS, THE RECORD DOES NOT SHOW THAT
 EITHER LIBRARIAN EFFECTIVELY RECOMMENDED OR EXERCISED ANY ACTUAL
 AUTHORITY IN RELATION TO THE ABOVE ACTIVITIES, NOR WAS EITHER INCUMBENT
 INFORMED SHE HAD SUCH AUTHORITY EITHER WHEN HIRED OR LATER.  MOREOVER,
 THE EVIDENCE OF THE WORK RELATIONSHIP BETWEEN THE TEACHER-LIBRARIANS AND
 THE TECHNICIANS DOES NOT SUPPORT A FINDING THAT THE TEACHER-LIBRARIANS
 POSSESSED AUTHORITY REQUIRING THE CONSISTENT EXERCISE OF INDEPENDENT
 JUDGMENT IN REGARD TO ANY OF THE ALLEGED INDICIA OF SUPERVISORY
 AUTHORITY.  SEE ARMY AND AIR FORCE EXCHANGE SERVICE BASE EXCHANGE, FORT
 CARSON, FORT CARSON, COLORADO AND AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL NO. 1345, 3 FLRA NO. 95(1980).  ALSO IT IS
 PARTICULARLY NOTED THAT ALTHOUGH THE TEACHER-LIBRARIANS SOMETIMES MAKE
 WORK ASSIGNMENTS TO THE TECHNICIANS, THIS IS DONE ONLY INTERMITTENTLY
 AND THE WORK ITSELF INVOLVES LITTLE DIRECTION.
 
    ACCORDINGLY, THE AUTHORITY CONCLUDES THAT THERE IS INSUFFICIENT
 EVIDENCE TO SHOW THAT EITHER TEACHER-LIBRARIAN MAY HIRE OR DIRECT THE
 LIBRARY-TECHNICIANS, OR HAS PROMOTED, REWARDED, DISCIPLINED OR REMOVED
 OR ADJUSTED THE GRIEVANCES OF THE TECHNICIANS, OR ENGAGED IN ANY OTHER
 SUPERVISORY ACTIVITY UNDER THE STATUTE OR EFFECTIVELY RECOMMENDED ANY OF
 THE AFOREMENTIONED ACTIONS.  SEE FORT KNOX DEPENDENT SCHOOLS AND FORT
 KNOX TEACHERS ASSOCIATION, 5 FLRA NO.  5(1980).  BASED UPON THE
 FOREGOING CIRCUMSTANCES, THE AUTHORITY FINDS THAT THE INCUMBENTS DO NOT
 PERFORM ANY OF THE DUTIES ENUMERATED IN SECTION 7103(A)(10) OF THE
 STATUTE, AND THAT THE INCUMBENTS IN THE POSITIONS OF TEACHER-LIBRARIAN
 AND TEACHER-LIBRARIAN (MEDIA SPECIALIST) SHOULD BE INCLUDED WITHIN THE
 EXCLUSIVE RECOGNIZED UNIT.
 
                                   ORDER
 
    IT IS ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED FOR WHICH THE WEST
 POINT ELEMENTARY SCHOOL TEACHERS ASSOCIATION WAS CERTIFIED AS THE
 EXCLUSIVE REPRESENTATIVE ON JULY 21, 1976, BE AND IT HEREBY IS,
 CLARIFIED BY INCLUDING IN SAID UNIT THE INCUMBENTS IN THE POSITIONS OF
 TEACHER-LIBRARIAN AND TEACHER-LIBRARIAN (MEDIA SPECIALIST).
 
    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 WEST POINT ELEMENTARY SCHOOL TEACHERS ASSOCIATION WAS
 CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE OF A UNIT OF EMPLOYEES DEFINED
 AS FOLLOWS:
 
    INCLUDED:  ALL PROFESSIONAL EMPLOYEES EMPLOYED AT THE WEST POINT
 ELEMENTARY SCHOOL.
 
    EXCLUDED:  NONPROFESSIONAL EMPLOYEES, CLERICAL EMPLOYEES, TEACHERS
 AIDS (SIC), SUBSTITUTE
 
    TEACHERS, MANAGEMENT OFFICIALS, EMPLOYEES ENGAGED IN FEDERAL
 PERSONNEL WORK OTHER THAN IN A
 
    PURELY CLERICAL CAPACITY AND SUPERVISORS AS DEFINED IN EXECUTIVE
 ORDER 11491, AS AMENDED.