U.S. Coast Guard, Headquarters, Washington, D.C. (Activity) and American Federation of Government Employees, AFL-CIO, Local 3313 (Petitioner)

 7 FLRA No. 119
 
 U.S. COAST GUARD, HEADQUARTERS,
 WASHINGTON, D.C.
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 3313
 Petitioner
 
                                            Case Nos. 3-CU-57 
                                                      3-CU-58
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    UPON PETITIONS DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
 (THE 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 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 THIS CASE, THE AUTHORITY FINDS:  THE
 PETITIONER, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL
 3313 (AFGE) SEEKS TO CLARIFY AN EXISTING EXCLUSIVELY RECOGNIZED UNIT OF
 NONSUPERVISORY, PROFESSIONAL AND NONPROFESSIONAL GENERAL SCHEDULE AND
 WAGE GRADE EMPLOYEES OF THE UNITED STATES COAST GUARD, HEADQUARTERS,
 WASHINGTON, D.C. TO INCLUDE TWO POSITIONS THEREIN, AN ELECTRONICS
 ENGINEER, GS-855-13 AND A PROGRAM ANALYST, GS-345-14.  THE ACTIVITY
 CONTENDS THAT THE TWO EMPLOYEES SHOULD BE EXCLUDED FROM THE UNIT BECAUSE
 THEY ARE MANAGEMENT OFFICIALS WITHIN THE MEANING OF THE STATUTE.
 
    SECTION 7103(A)(11) OF THE STATUTE DEFINES "MANAGEMENT OFFICIAL" AS:
 
    . . . 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(.)
 
    IN THE LEAD CASE OF DEPARTMENT OF THE NAVY, AUTOMATIC DATA PROCESSING
 SELECTION OFFICE, 7 FLRA NO. 24(1981), THE AUTHORITY INTERPRETED THAT
 DEFINITION AND CONCLUDED THAT IT INCLUDES 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 QUESTION IS WHETHER THE
 INCUMBENTS OF THE TWO POSITIONS AT ISSUE HEREIN ARE MANAGEMENT OFFICIALS
 WITHIN THE FOREGOING DEFINITION, AS INTERPRETED BY THE AUTHORITY.
 
    JOB NUMBER 62-3008, ELECTRONICS ENGINEER, GS-855-13
 
    THE RECORD ESTABLISHES THAT THE INCUMBENT IN THIS POSITION, RUSSELL
 R. VOLLMERS, SERVES AS THE SENIOR ELECTRONICS ENGINEER IN THE SENIOR
 TECHNOLOGY BRANCH, SYSTEMS TECHNOLOGY DIVISION, OFFICE OF RESEARCH AND
 DEVELOPMENT.  HE CONCEIVES NEW COMPLEX SYSTEMS CONCEPTS RELATING TO
 AIRBORNE AND SATELLITE REMOTE SENSING SYSTEMS, AND HE ALSO PLANS,
 BUDGETS, AND SCHEDULES LONG RANGE RESEARCH AND DEVELOPMENT PROGRAMS. 
 HE
 PLANS AND CONDUCTS NEW WORK TO BE UNDERTAKEN IN UNEXPLORED REMOTE
 SENSING AREAS WHERE LITTLE OR NO THEORY EXISTS TO GUIDE FUTURE
 DEVELOPMENT OR WHERE NEW TECHNIQUES AND APPROACHES NEED TO BE DEVISED.
 HE IMPLEMENTS AND MANAGES HIGH PRIORITY PROGRAMS AND TECHNICALLY DIRECTS
 THE WORK OF OTHERS TO INSURE THAT PLANNED PROGRAMS ARE ACCOMPLISHED
 CONSISTENT WITH PROGRAM OBJECTIVES.  HE IS RECOGNIZED AS AN
 INTERNATIONAL EXPERT ON REMOTE SENSING TECHNOLOGY AND SERVES AS A
 TECHNICAL REPRESENTATIVE FOR THE COAST GUARD, OTHER GOVERNMENT AGENCIES,
 INDUSTRY, FOREIGN GOVERNMENTS, AND INTERNATIONAL ORGANIZATIONS AND
 VARIOUS NATIONAL AND INTERNATIONAL COMMITTEES RELATED THERETO.  HE
 SERVES AS CHAIRMAN OF AN INTERNATIONAL WORKING GROUP CONSISTING OF
 REPRESENTATIVES FROM EIGHT COUNTRIES, WHOSE FUNCTION IS TO DEVELOP
 POLICY RECOMMENDATIONS WITH REGARD TO THE REMOTE SENSING OF OIL
 POLLUTION IN THE OCEANS.  THE RECORD FURTHER INDICATES THAT THE
 INCUMBENT REPORTS BACT TO THE ACTIVITY'S PROGRAM MANAGER, SENIOR
 TECHNOLOGY BRANCH, REGARDING WHETHER THE POLICY RECOMMENDATIONS
 DEVELOPED BY THE INTERNATIONAL WORKING GROUP ARE FEASIBLE AND WHETHER
 THEY SHOULD BE ADOPTED.  THE INCUMBENT'S RECOMMENDATIONS ON THESE
 MATTERS USUALLY ARE ACCEPTED.
 
    BASED ON THE FOREGOING, THE AUTHORITY FINDS THAT THE ELECTRONICS
 ENGINEER, GS-855-13, JOB NUMBER 62-3008, IS A MANAGEMENT OFFICIAL WITHIN
 THE MEANING OF SECTION 7103(-)(11) OF THE STATUTE, AS INTERPRETED BY THE
 AUTHORITY IN DEPARTMENT OF THE NAVY, AUTOMATIC DATA PROCESSING SELECTION
 OFFICE, SUPRA. THUS, WHILE THE INCUMBENT OF THE FOREGOING POSITION DOES
 NOT FALL WITHIN THE FIRST TWO CATEGORIES OF MANAGEMENT OFFICIAL UNDER
 THE AUTHORITY'S INTERPRETATION OF THAT DEFINITION IN THAT HE NEITHER (1)
 CREATES, ESTABLISHES OR PRESCRIBES NOR (2) DECIDES OR SETTLES UPON
 MANAGEMENT'S GENERAL PRINCIPLES, PLANS OR COURSES OF ACTION, HE DOES
 "BRING ABOUT OR OBTAIN A RESULT AS TO THE ADOPTION OF . . . PLANS OR
 COURSES OF ACTION" FOR THE ACTIVITY WITH RESPECT TO REMOTE SENSING
 PROGRAMS AND H TECHNOLOGY.  IN THIS REGARD, HIS ROLE EXTENDS BEYOND THAT
 OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION WITH RESPECT
 TO POLICIES, TO THE POINT OF EFFECTIVE PARTICIPATION IN THE ULTIMATE
 DETERMINATION AS TO WHAT THE ACTIVITY'S POLICIES IN FACT WILL BE
 REGARDING REMOTE SENSING PROGRAMS AND TECHNOLOGY, AMONG OTHER MATTERS.
 ACCORDINGLY, JOB NUMBER 62-3008, ELECTRONICS ENGINEER, GS-855-13, MUST
 BE EXCLUDED FROM THE EXCLUSIVELY RECOGNIZED UNIT.
 
    JOB NUMBER 62-3047, PROGRAM ANALYST, GS-345-14
 
    THE RECORD INDICATES THAT THE INCUMBENT IN THIS POSITION, JULIUS
 FELDMAN, SERVES AS THE ASSISTANT FOR PLANNING ON THE PLANS AND
 EVALUATION STAFF WITHIN THE OFFICE OF RESEARCH AND DEVELOPMENT.  HE IS
 RESPONSIBLE FOR STUDYING AND PROPOSING RESEARCH AND DEVELOPMENT PLANS
 AND SUPPORT WITHIN CERTAIN PROGRAM AREAS, AS DIRECTED, FOR CONSIDERATION
 BY HIS SUPERIORS IN THE ACTIVITY.  HE ALSO PREPARES LONG RANGE PLANNING
 AND PROGRAM GUIDANCE, AS DIRECTED, TO AID THE CHIEFS OF OTHER DIVISIONS
 WITHIN THE ACTIVITY IN DOING THEIR OWN PLANNING, AND WORKS WITH OTHERS
 IN THE IMPLEMENTATION AND SUPPORT OF OVERALL RESEARCH AND DEVELOPMENT
 PLANS.  HE FORMULATES COST EFFECTIVENESS AND COST BUDGET STUDIES FOR THE
 OFFICE OF RESEARCH AND DEVELOPMENT TO JUSTIFY FUTURE PROGRAM
 REQUIREMENTS.  HE IS DIRECTLY RESPONSIBLE TO THE CHIEF OF THE PLANNING
 AND EVALUATION STAFF WITHIN THE OFFICE OF RESEARCH AND DEVELOPMENT AND
 RECOMMENDS CHANGES IN AND MODIFICATIONS OF RESEARCH AND DEVELOPMENT
 PLANS SUBJECT TO GUIDANCE FROM THE CHIEF.
 
    THE AUTHORITY FINDS THAT THE INCUMBENT OF THIS POSITION IS NOT A
 MANAGEMENT OFFICIAL INASMUCH AS HE DOES NOT "FORMULATE, DETERMINE, OR
 INFLUENCE THE POLICIES OF THE AGENCY" WITHIN THE MEANING OF SECTION
 7103(A)(11) OF THE STATUTE, AS THOSE TERMS WERE INTERPRETED BY THE
 AUTHORITY IN DEPARTMENT OF THE NAVY, AUTOMATIC DATA PROCESSING SELECTION
 OFFICE, SUPRA.  RATHER, THE INDIVIDUAL IN THIS POSITION IS A VALUABLE
 EXPERT OR PROFESSIONAL WHOSE ACTIONS ASSIST IN IMPLEMENTING, AS OPPOSED
 TO SHAPING, THE ACTIVITY'S POLICIES IN THE AREAS OF RESEARCH AND
 DEVELOPMENT AND COST EFFECTIVENESS.  IN THIS REGARD, THE ROLE OF THE
 INCUMBENT IS LIMITED TO STUDYING AND PROPOSING RESEARCH AND DEVELOPMENT
 PLANS, SUPPORT OF PROGRAM EFFORTS, AND FORMULATION OF COST STUDIES, BUT
 DOES NOT EXTEND BEYOND THAT TO A POINT OF CREATING, SETTLING UPON OR
 BRINGING ABOUT THE ACTIVITY'S POLICY DETERMINATIONS IN ANY OF THESE
 AREAS.  ACCORDINGLY, THE AUTHORITY CONCLUDES THAT JOB NUMBER 62-3047,
 PROGRAM ANALYST, GS-345-14, SHOULD BE INCLUDED IN THE EXCLUSIVELY
 RECOGNIZED UNIT.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED, IN WHICH
 THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 3313 WAS
 CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE ON JULY 11, 1972, BE, AND IT
 HEREBY IS, CLARIFIED BY INCLUDING IN SAID UNIT JOB NUMBER 62-3047,
 PROGRAM ANALYST, GS-345-14, AND BY EXCLUDING FROM SAID UNIT JOB NUMBER
 62-3008, ELECTRONICS ENGINEER, GS-855-13.
 
    ISSUED, WASHINGTON, D.C., JANUARY 28, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY