Department of the Interior, U.S. Fish and Wildlife Service, Patuxent Wildlife Research Center, Laurel, Maryland (Activity) and American Federation of Government Employees, AFL-CIO (Petitioner) 

 7 FLRA No. 101
 
 DEPARTMENT OF THE INTERIOR
 U.S. FISH AND WILDLIFE SERVICE
 PATUXENT WILDLIFE RESEARCH CENTER
 LAUREL, MARYLAND /1/
 Activity
 
 and
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO
 Petitioner
 
                                            Case No. 3-RO-44
 
                    DECISION AND DIRECTION OF ELECTION
 
    UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
 UNDER SECTION 7111(B)(1) OF THE FEDERAL SERVICE LABOR-MANAGEMENT
 RELATIONS STATUTE (THE STATUTE), A HEARING WAS HELD BEFORE A HEARING
 OFFICER OF THE AUTHORITY.  THE AUTHORITY HAS REVIEWED THE HEARING
 OFFICER'S RULINGS MADE AT THE HEARING AND FINDS THAT THEY ARE FREE FROM
 PREJUDICIAL ERROR.  THE RULINGS ARE HEREBY AFFIRMED.
 
    UPON THE ENTIRE RECORD IN THE SUBJECT CASE, THE AUTHORITY FINDS:  THE
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (THE UNION), FILED
 A PETITION SEEKING AN ELECTION IN A UNIT COMPOSED OF ALL PROFESSIONAL
 EMPLOYEES LOCATED AT THE PATUXENT WILDLIFE RESEARCH CENTER, WITH A
 PERMANENT DUTY STATION IN LAUREL, MARYLAND, INCLUDING TEMPORARY
 PROFESSIONAL EMPLOYEES WITH AN EXPECTANCY OF CONTINUED EMPLOYMENT OF 90
 DAYS OR MORE.  /2/ THE ACTIVITY CONTENDS THAT CERTAIN INDIVIDUALS ARE
 NOT ELIGIBLE FOR INCLUSION IN THE UNIT BECAUSE THEY ARE SUPERVISORS OR
 MANAGEMENT OFFICIALS WITHIN THE MEANING OF THE STATUTE.  /3/
 SPECIFICALLY, THE ACTIVITY CONTENDS THAT 37 RESEARCHERS AT THE PATUXENT
 WILDLIFE RESEARCH CENTER (IN ADDITION TO THOSE PREVIOUSLY STIPULATED TO)
 ARE SUPERVISORS WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE STATUTE
 BECAUSE THEY EXERCISE SUPERVISORY AUTHORITY OVER TEMPORARY EMPLOYEES
 WHO
 ARE HIRED TO ASSIST THEM, AND THAT THREE OTHER RESEARCHERS ARE
 MANAGEMENT OFFICIALS WITHIN THE MEANING OF SECTION 7103(A)(11) OF THE
 STATUTE BECAUSE THEY INFLUENCE AGENCY POLICY.  /4/
 
                          THE ALLEGED SUPERVISORS
 
    THE JOB FUNCTION OF THE DISPUTED RESEARCHERS AT THE PATUXENT WILDLIFE
 RESEARCH CENTER IS TO DESIGN, IMPLEMENT AND REPORT ON STUDY PLANS AIMED
 AT THE MAINTENANCE AND PROPAGATION OF CERTAIN WATERFOWL AND MIGRATORY
 GAME BIRDS WITHIN DEFINED POLICY AREAS ESTABLISHED BY THE U.S. FISH AND
 WILDLIFE SERVICE.  MOST OF THE RESEARCHERS HAVE SEVERAL STUDIES OF
 VARYING LENGTHS AND COMPLEXITIES IN PROGRESS AT ONE TIME, AND THEREFORE
 HAVE A CONTINUING NEED FOR TEMPORARY ASSISTANCE.  IN THIS CONNECTION,
 THEY UTILIZE THE SERVICES OF TEMPORARY EMPLOYEES.  MOST OF THE TEMPORARY
 EMPLOYEES (CALLED BIOLOGICAL AIDS) ARE STUDENTS FROM THE LOCAL
 UNIVERSITIES WHO ARE HIRED AT GS-3 OR GS-4 GRADE LEVELS TO WORK FOR A
 MAXIMUM OF 1040 HOURS PER YEAR WHICH IS USUALLY SPREAD OVER SIX
 CONSECUTIVE MONTHS.  SOME OF THE RESEARCHERS ARE ASSISTED BY TEMPORARY
 EMPLOYEES (CALLED BIOLOGICAL TECHNICIANS) WHO ARE HIRED AT THE GS-5
 GRADE LEVEL FOR SOMEWHAT LONGER PERIODS OF TIME THAN THE STUDENTS.
 
    DURING THE PERIOD OF TIME THEY ARE EMPLOYED, THE TEMPORARY EMPLOYEES
 ACCRUE ANNUAL AND SICK LEAVE, ARE COVERED BY WORKERS' COMPENSATION, AND
 RECEIVE CREDIT FOR RETIREMENT PURPOSES.  BASED UPON THE FOREGOING, THE
 AUTHORITY FINDS, AND IT IS NOT DISPUTED, THAT THE TEMPORARY EMPLOYEES
 ARE EMPLOYEES AS THAT WORD IS USED IN SECTION 7103(A)(10) OF THE
 STATUTE.  THE ISSUE IS WHETHER THE RESEARCHERS IN QUESTION ACT AS
 SUPERVISORS WITH RESPECT TO SUCH EMPLOYEES.
 
    THE RECORD REVEALS THAT TO OBTAIN NEEDED TEMPORARY ASSISTANCE, THE
 RESEARCHERS NOTIFY THEIR PROGRAM ASSISTANTS WHO, IN TURN, WITH REGARD TO
 NEEDED STUDENTS, CONTACT THE UNIVERSITIES TO SOLICIT APPLICATIONS AND
 TRANSCRIPTS.  THE RESEARCHERS THEN REVIEW THE APPLICATIONS SUBMITTED AND
 SELECT CERTAIN APPLICANTS FOR INTERVIEW.  FROM AMONG THOSE INTERVIEWED,
 THE RESEARCHERS MAKE RECOMMENDATIONS TO THE HIRING OFFICIAL AS TO WHICH
 APPLICANT SHOULD BE HIRED.  THE ACTIVITY'S POLICY IS THAT RESEARCHERS
 SHOULD SELECT THEIR OWN ASSISTANTS, AND THERFORE A RESEARCHER'S HIRING
 RECOMMENDATION INVARIABLY IS FOLLOWED. A SIMILAR PROCESS IS FOLLOWED
 WITH RESPECT TO THE HIRING OF GS-5 BIOLOGICAL TECHNICIANS, EXCEPT THAT
 APPLICATIONS ARE OBTAINED THROUGH REFERRALS FROM THE CIVIL SERVICE
 REGISTER.
 
    ONCE HIRED, THE RESEARCHER ASSIGNS DUTIES TO THE TEMPORARY EMPLOYEE
 AND DIRECTS THE EMPLOYEE IN THE PERFORMANCE OF THOSE DUTIES.  THE DUTIES
 USUALLY CONSIST OF MAINTAINING THE RESEARCHER'S BIRDS WHILE THEY ARE
 BEING STUDIED,E.G., MAINTAINING THEIR HABITATS, COLLECTING DATA, AND
 PERFORMING OTHER DUTIES PURSUANT TO SPECIFIC INSTRUCTIONS FROM THE
 RESEARCHER.  IN ADDITION, RESEARCHERS ARE RESPONSIBLE FOR ENFORCING THE
 ACTIVITY'S SAFETY RULES, AND ON OCCASION HAVE DISCIPLINED TEMPORARY
 EMPLOYEES FOR INFRACTIONS THEREOF.  THE RESEARCHERS ALSO APPROVE THE
 TEMPORARY EMPLOYEES' ANNUAL AND SICK LEAVE, AND COMPLETE THEIR
 PERFORMANCE EVALUATIONS.
 
    BASED UPON THE FACTS SET FORTH ABOVE, THE AUTHORITY FINDS THAT THE
 RESEARCHERS IN THE POSITIONS LISTED IN APPENDIX B (ATTACHED HERETO) ARE
 SUPERVISORS WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE STATUTE AND
 THEREFORE MUST BE EXCLUDED FROM THE UNIT.  IN THIS REGARD, THE RECORD
 CLEARLY ESTABLISHES THAT THESE RESEARCHERS CONTINUOUSLY USE TEMPORARY
 EMPLOYEES TO ASSIST THEM IN CONDUCTING RESEARCH STUDIES, AND THAT THE
 RESEARCHERS NOT ONLY DECIDE WHICH APPLICANTS TO INTERVIEW FOR SUCH
 POSITIONS BUT EFFECTIVELY RECOMMEND THE APPLICANTS TO BE HIRED.
 MOREOVER, ,S SET FORTH ABOVE, THE RESEARCHERS EFFECTIVELY DIRECT AND
 ASSIGN WORK TO THE TEMPORARY EMPLOYEES ONCE THEY HAVE BEEN HIRED, AND,
 ON OCCASION, DISCIPLINE SUCH EMPLOYEES.  CLEARLY, ALL OF THE FOREGOING
 RESPONSIBILITIES INVOLVE THE CONSISTENT USE OF INDEPENDENT JUDGMENT BY
 THE RESEARCHERS IN THE EXERCISE OF SUPERVISORY AUTHORITY.  /5/
 
    THE AUTHORITY ALSO FINDS THAT ANDRE BELISLE (RESEARCH CHEMIST,
 GS-1320) AND RICHARD COON (WILDLIFE BIOLOGIST, GS-1320) ARE SUPERVISORS
 WITHIN THE MEANING OF THE STATUTE.
 
    THE RECORD REVEALS THAT BELISLE IS IN CHARGE OF A PERMANENT EMPLOYEE,
 A GS-7 BIOLOGICAL TECHNICIAN, AND THAT HE ALONE IS RESPONSIBLE FOR
 ASSIGNING WORK TO THIS EMPLOYEE.  HE INSTRUCTS THE EMPLOYEE ON THE
 PERFORMANCE OF DUTIES AND MONITORS THE PROGRESS THEREOF.  IN ADDITION,
 BELISLE HAS DISCIPLINED THE EMPLOYEE FOR "GOOFING OFF" ON THE JOB.  IN
 THE EXERCISE OF HIS AUTHORITY TO ASSIGN, DIRECT AND DISCIPLINE THE
 EMPLOYEE, BELISLE CONSISTENTLY USES INDEPENDENT JUDGMENT.  ACCORDINGLY,
 THE AUTHORITY FINDS THAT BELISLE SHOULD BE EXCLUDED FROM THE UNIT.
 
    DR. RICHARD COON IS ADMINISTRATOR OF RESEARCH CONTRACTS FOR THE
 SECTION OF THE U.S. FISH AND WILDLIFE SERVICE THAT DEALS WITH MIGRATORY
 GAME BIRDS.  IN CONNECTION WITH THIS FUNCTION, COON IS DIRECTLY
 RESPONSIBLE FOR A GS-5 PROGRAM ASSISTANT ON A DAILY BASIS, ASSIGNING
 WORK TO HER AND INSTRUCTING HER IN THE PREPARATION OF MEMORANDA AND
 FIELD REPORTS CONTAINING DATA ON MIGRATORY BIRDS AND THE AMOUNTS OF
 AGENCY FUNDS SPENT TO COMPLETE STUDIES WITH RESPECT TO SUCH BIRDS.  IT
 FURTHER APPEARS THAT HE ALONE IS RESPONSIBLE FOR SIGNING THE EMPLOYEE'S
 TIME CARDS, DISCIPLINING THE EMPLOYEE, APPROVING HER LEAVE AND
 COMPLETING HER PERFORMANCE EVALUATIONS.  COON ALSO SUPERVISED THE
 EMPLOYEE'S PREDECESSOR IN THAT POSITION, AND WHEN A VACANCY OCCURRED
 THEREIN, COON INTERVIEWED CANDIDATES AND EFFECTIVELY RECOMMENDED TO THE
 HIRING OFFICIAL THAT THE INCUMBENT BE SELECTED.  UNDER THE FOREGOING
 CIRCUMSTANCES, THE AUTHORITY FINDS THAT COON EXERCISES THE AUTHORITY TO
 ASSIGN, DIRECT AND DISCIPLINE THE PROGRAM ASSISTANT AND HAS EFFECTIVELY
 RECOMMENDED THAT SHE BE HIRED FOR THE POSITION.  THE AUTHORITY FURTHER
 FINDS THAT, IN THE EXERCISE OF THE FOREGOING AUTHORITY, COON HAS
 CONSISTENTLY USED INDEPENDENT JUDGMENT AND THEREFORE SHOULD BE EXCLUDED
 FROM THE UNIT AS A SUPERVISOR WITHIN THE MEANING OF SECTION 7103(A)(10)
 OF THE STATUTE.
 
                     THE ALLEGED MANAGEMENT OFFICIALS
 
    AS STATED ABOVE, THE ACTIVITY ALSO CONTENDS THAT THREE WILDLIFE
 BIOLOGISTS (MANAGEMENT), GS-486 (ROBERT BLOHM, DAVID DOLTON AND JOHN
 TAUTIN) SHOULD BE EXCLUDED FROM THE UNIT BECAUSE THEY ARE MANAGEMENT
 OFFICIALS WITHIN THE MEANING OF SECTION 7103(A)(11) OF THE STATUTE
 (SUPRA N.4).  SPECIFICALLY, THE ACTIVITY CONTENDS THAT THESE INDIVIDUALS
 INFLUENCE POLICY CONCERNING THE CONTENT OF NATIONAL HUNTING REGULATIONS
 PROMULGATED BY THE U.S. FISH AND WILDLIFE SERVICE.  IN THE LEAD CASE OF
 DEPARTMENT OF THE NAVY, AUTOMATIC DATA PROCESSING SELECTION OFFICE, 7
 FLRA NO. 24(1981), THE AUTHORITY INTERPRETED THE DEFINITION OF
 MANAGEMENT OFFICIAL IN SECTION 7103(A)(11) 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.
 
    THE RECORD REVEALS THAT THE THREE INDIVIDUALS INVOLVED IN THE INSTANT
 CASE GATHER INFORMATION FROM VARIOUS STATE AND REGIONAL WILDLIFE
 AGENCIES ON THE ABUNDANCE OF CERTAIN SPECIES OF MIGRATORY BIRDS.  THESE
 INDIVIDUALS ANALYZE THE DATA AND DISCUSS THEIR FINDINGS WITH THEIR
 IMMEDIATE SUPERVISORS AND OTHER SUPERIORS AT THE ACTIVITY, AND THEN
 PREPARE AND SUBMIT A WRITTEN REPORT AND PRELIMINARY RECOMMENDATIONS TO
 THE SERVICE REGULATIONS COMMITTEE (SRC) AS TO WHAT THE NATIONAL HUNTING
 REGULATION SHOULD BE FOR THE COMING YEAR.  IN THIS REGARD, THE REPORT
 AND RECOMMENDATIONS OF THE ACTIVITY ARE RECEIVED AND INCORPORATED INTO A
 RECORD COMPILED BY A HEARING OFFICER OF THE AGENCY AS PART OF A FORMAL
 PUBLIC HEARING AT WHICH MANY INTERESTED CONSERVATION AND OTHER GROUPS
 PRESENT THEIR DATA AND RECOMMENDATIONS.  ON THE BASIS OF THE HEARING,
 THE ACTIVITY'S PRELIMINARY RECOMMENDATIONS MAY BE MODIFIED FOR FINAL
 SUBMISSION TO THE SRC FOLLOWING DISCUSSIONS BETWEEN THE INDIVIDUALS IN
 QUESTION AND THEIR SUPERVISORS.  THE ENTIRE RECORD IS THEN SUBMITTED TO
 THE SRC AT THE HEADQUARTERS OF THE U.S. FISH AND WILDLIFE SERVICE IN
 WASHINGTON, D.C. THE SRC, WHICH IS COMPOSED OF SEVERAL STAFF MEMBERS IN
 THE OFFICE OF THE DIRECTOR OF THE U.S. FISH AND WILDLIFE SERVICE,
 REVIEWS THE MATERIAL AND RECOMMENDS TO THE DIRECTOR WHAT THE FINAL
 REGULATION SHOULD BE.  THE RECORD INDICATES THAT, IN THE PAST, THE SRC
 HAS SOMETIMES ADOPTED AND SOMETIMES REJECTED THE ACTIVITY'S
 RECOMMENDATIONS WHICH WERE PREPARED AND SUBMITTED BY THE INDIVIDUALS IN
 DISPUTE, AND ON OCCASION HAS ADOPTED THE POSITION TAKEN BY ONE OR MORE
 OTHER GROUPS AT THE PUBLIC HEARING.  THE SRC'S RECOMMENDATION, SUBMITTED
 TO THE DIRECTOR OF THE U.S. FISH AND WILDLIFE SERVICE IN THE FORM OF A
 FINAL REGULATION, IS THEN SIGNED BY THE DIRECTOR.
 
    BASED UPON THE FOREGOING, THE AUTHORITY FINDS THAT THE THREE DISPUTED
 WILDLIFE BIOLOGISTS (MANAGEMENT), GS-486, DO NOT FORMULATE, DETERMINE,
 OR INFLUENCE THE POLICIES OF THE ACTIVITY, WITHIN THE MEANING GIVEN
 THOSE TERMS BY THE AUTHORITY IN DEPARTMENT OF THE NAVY, AUTOMATIC DATA
 PROCESSING SELECTION OFFICE, SUPRA.  RATHER, THEIR ROLE IS THAT OF
 EXPERTS OR PROFESSIONALS RENDERING RESOURCE INFORMATION WITH RESPECT TO
 AGENCY POLICIES, SPECIFICALLY NATIONAL HUNTING REGULATIONS.  IN THIS
 REGARD, THE AUTHORITY NOTES THAT THE THREE INDIVIDUALS IN QUESTION DO
 NOT COME TO INDEPENDENT DECISIONS EITHER AS TO WHAT THE AGENCY'S POLICY
 WILL BE OR AS TO WHAT RECOMMENDATIONS WILL BE MADE TO THE SERVICE
 REGULATIONS COMMITTEE BY THE ACTIVITY.  RATHER, THE ACTIVITY'S
 RECOMMENDATIONS ARE FORMULATED IN THE COURSE OF DISCUSSIONS BETWEEN THE
 INDIVIDUALS AND THEIR SUPERVISORS. MOREOVER, NOT ONLY DOES THE SRC
 INDEPENDENTLY CONSIDER THE RECOMMENDATIONS PREPARED BY THE INDIVIDUALS
 AT ISSUE HEREIN, BUT THE SRC ALSO CONSIDERS AND SOMETIMES ADOPTS
 RECOMMENDATIONS SUBMITTED BY OTHER GROUPS AT FORMAL PUBLIC HEARINGS.
 BASED UPON ALL OF THE FOREGOING, THE AUTHORITY CONCLUDES THAT THE THREE
 INDIVIDUALS IN QUESTION ARE NOT MANAGEMENT OFFICIALS WITHIN THE MEANING
 OF SECTION 7103(A)(11) OF THE STATUTE, AND THAT THEY THEREFORE SHOULD BE
 INCLUDED IN THE UNIT.
 
    IN ADDITION, WITH RESPECT TO THE ACTIVITY'S ASSERTION THAT TAUTIN,
 ONE OF THE THREE ALLEGED MANAGEMENT OFFICIALS, IS ALSO A SUPERVISOR
 WITHIN THE MEANING OF THE STATUTE, THE AUTHORITY FINDS NO RECORD
 EVIDENCE THAT TAUTIN PERFORMS ANY OF THE INDICIA OF SUPERVISORY
 AUTHORITY WITH RESPECT TO THE CLERICAL EMPLOYEE REFERRED TO BY THE
 ACTIVITY WHOSE TYPING SERVICES HE SHARES WITH A NUMBER OF OTHER
 RESEARCHERS.  ACCORDINGLY, THE AUTHORITY FURTHER CONCLUDES THAT TAUTIN
 IS NOT A SUPERVISOR WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE
 STATUTE.
 
    BASED ON THE FOREGOING, THE AUTHORITY FINDS THAT THE FOLLOWING UNIT
 IS APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION WITHIN THE
 MEANING OF SECTION 7112 OF THE STATUTE:
 
    ALL PROFESSIONAL EMPLOYEES LOCATED AT THE PATUXENT WILDLIFE RESEARCH
 CENTER, WITH A
 
    PERMANENT DUTY STATION IN LAUREL, MARYLAND, INCLUDING TEMPORARY
 PROFESSIONAL EMPLOYEES WITH AN
 
    EXPECTANCY OF CONTINUED EMPLOYMENT OF 90 DAYS OR MORE, BUT EXCLUDING
 ALL NON-PROFESSIONAL
 
    GENERAL SCHEDULE AND WAGE GRADE EMPLOYEES;  MANAGEMENT OFFICIALS;
 SUPERVISORS;  AND EMPLOYEES
 
    DESCRIBED IN 5 U.S.C. 7112(B)(2), (3), (4), (6) AND (7).
 
                           DIRECTION OF ELECTION
 
    AN ELECTION BY SECRET BALLOT SHALL BE CONDUCTED AMONG THE EMPLOYEES
 IN THE UNIT DESCRIBED ABOVE AS SOON AS FEASIBLE.  THE APPROPRIATE
 REGIONAL DIRECTOR SHALL SUPERVISE OR CONDUCT THE ELECTION, AS
 APPROPRIATE, SUBJECT TO THE AUTHORITY'S RULES AND REGULATIONS.  ELIGIBLE
 TO VOTE ARE THOSE IN THE VOTING GROUP WHO WERE EMPLOYED DURING THE
 PAYROLL PERIOD IMMEDIATELY PRECEDING THE DATE BELOW, INCLUDING EMPLOYEES
 WHO DID NOT WORK DURING THAT PERIOD BECAUSE THEY WERE OUT ILL, OR ON
 VACATION OR ON FURLOUGH, INCLUDING THOSE IN MILITARY SERVICE WHO APPEAR
 IN PERSON AT THE POLLS.  INELIGIBLE TO VOTE ARE EMPLOYEES WHO HAVE QUIT
 OR WERE DISCHARGED FOR CAUSE SINCE THE DESIGNATED PAYROLL PERIOD AND WHO
 HAVE NOT BEEN REHIRED OR REINSTATED BEFORE THE ELECTION DATE.  THOSE
 ELIGIBLE SHALL VOTE WHETHER THEY DESIRE TO BE REPRESENTED FOR THE
 PURPOSE OF EXCLUSIVE RECOGNITION BY THE AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO, OR BY NO UNION.
 
    ISSUED, WASHINGTON, D.C., JANUARY 15, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
                                APPENDIX A
 
        EMPLOYEES STIPULATED BY PARTIES TO BE EXCLUDED FROM UNIT AS
 
                    SUPERVISORS OR MANAGEMENT OFFICIALS
 
 (TABLE OMITTED)
 
                                APPENDIX B
 
                          SUPERVISORY RESEARCHERS
 
 (TABLE OMITTED)
 
                                APPENDIX C
 
                        NONSUPERVISORY RESEARCHERS
 
 (TABLE OMITTED)
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ THE NAME OF THE ACTIVITY APPEARS AS AMENDED AT THE HEARING.
 
    /2/ THE PARTIES STIPULATED AND THE AUTHORITY FINDS THAT THE FOLLOWING
 UNIT IS APPROPRIATE FOR PURPOSES OF EXCLUSIVE RECOGNITION UNDER THE
 STATUTE:
 
    INCLUDED:  ALL PROFESSIONAL EMPLOYEES LOCATED AT THE PATUXENT
 WILDLIFE RESEARCH CENTER, WITH A PERMANENT DUTY STATION IN LAUREL,
 MARYLAND, INCLUDING TEMPORARY PROFESSIONAL EMPLOYEES WITH AN EXPECTANCY
 OF CONTINUED EMPLOYMENT OF 90 DAYS OR MORE.
 
    EXCLUDED:  ALL NON-PROFESSIONAL GENERAL SCHEDULE AND WAGE GRADE
 EMPLOYEES, MANAGEMENT OFFICIALS, SUPERVISORS, CONFIDENTIAL EMPLOYEES AND
 EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK EXCEPT IN A CLERICAL
 CAPACITY.
 
    /3/ AT THE HEARING, THE PARTIES STIPULATED THAT 23 INDIVIDUALS ARE
 SUPERVISORS OR MANAGEMENT OFFICIALS WITHIN THE MEANING OF THE STATUTE
 (SEE APPENDIX A). IN ADDITION, AT THE HEARING, THE PETITIONER STATED
 THAT IT DID NOT QUESTION THE SUPERVISORY STATUS OF AELRED GEIS, WILDLIFE
 BIOLOGIST (RESEARCH, GS-486.  ACCORDINGLY, THESE 24 INDIVIDUALS SHALL BE
 EXCLUDED FROM ANY UNIT DEEMED APPROPRIATE.
 
    /4/ SECTION 7103(A)(10) AND (11) OF THE STATUTE PROVIDE IN PERTINENT
 PART:
 
    SEC. 7103.  DEFINITIONS;  APPLICATION
 
    (A) FOR THE PURPOSE OF THIS CHAPTER -
 
   .          .          .          .
 
 
    (10) '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 . . . ;
 
    (11) 'MANAGEMENT OFFICIAL' MEANS AN INDIVIDUAL EMPLOYED BY AN AGENCY
 IN A POSITION THE DUTIES AND RESPONSIBILITIES OF WHICH REQUIRE OR
 AUTHORIZE THE INDIVIDUAL TO FORMULATE, DETERMINE, OR INFLUENCE THE
 POLICIES OF THE AGENCY(.)
 
    /5/ THE RECORD REVEALS, HOWEVER, THAT AT THE TIME OF THE HEARING A
 NUMBER OF THE RESEARCHERS IN DISPUTE HEREIN DID NOT HAVE RESPONSIBILITY
 FOR AND THEREFORE DID NOT EXERCISE SUPERVISORY AUTHORITY WITH RESPECT TO
 ANY EMPLOYEES.  SUCH INDIVIDUALS (SET FORTH IN APPENDIX C HERETO) ARE
 FOUND NOT TO BE SUPERVISORS WITHIN THE MEANING OF SECTION 7103(A)(10) OF
 THE STATUTE AND ARE INCLUDED IN THE UNIT.  SEE THE ADJUTANT GENERAL
 STATE OF VERMONT, VERMONT AIR NATIONAL GUARD, 5 FLRA NO. 104(1981), AT
 PAGE 5 OF THE DECISION.