USA DARCOM Materiel Readiness Support Activity (MRSA), Lexington, Kentucky and Army Central Test Measurement Diagnostic Equipment Activity Lexington, Kentucky (Activity-Petitioners) and American Federation of Government Employees, Local 894, AFL-CIO (Labor Organization)

 8 FLRA No. 10
 
 USA DARCOM
 MATERIEL READINESS SUPPORT
 ACTIVITY (MRSA)
 LEXINGTON, KENTUCKY
 
 and
 
 U.S. ARMY CENTRAL TEST
 MEASUREMENT DIAGNOSTIC
 EQUIPMENT ACTIVITY
 LEXINGTON, KENTUCKY
 Activity-petitioners /1/
 
 and
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 LOCAL 894, AFL-CIO
 Labor Organization
 
                                            Case No. 4-CU-22
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    UPON A PETITION DULY FILED 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 HEARING OFFICER'S
 RULINGS MADE AT THE HEARING ARE FREE FROM PREJUDICIAL ERROR AND ARE
 HEREBY AFFIRMED.
 
    UPON THE ENTIRE RECORD IN THIS CASE, INCLUDING THE
 ACTIVITY-PETITIONERS' BRIEF AND POST-HEARING MOTION FOR AMENDMENT OF THE
 PETITION, /2/ THE AUTHORITY FINDS:  THE PETITIONERS SEEK TO CLARIFY THE
 EXISTING EXCLUSIVELY RECOGNIZED UNIT TO EXCLUDE FROM THE BARGAINING UNIT
 15 INCUMBENTS IN TEAM LEADER POSITIONS AS EITHER SUPERVISORS OR
 MANAGEMENT OFFICIALS.  /3/ THE PETITIONERS FILED THE INSTANT PETITION
 WITH THE AUTHORITY SEEKING A DETERMINATION AS TO WHETHER THE INCUMBENTS
 AT ISSUE SHOULD BE EXCLUDED FROM THE BARGAINING UNIT.  THE EXCLUSIVE
 REPRESENTATIVE, AFGE LOCAL 894, AFL-CIO, ASSERTS THE EMPLOYEES ARE NOT
 SUPERVISORS OR MANAGEMENT OFFICIALS AS DEFINED IN SECTION 7103 OF THE
 STATUTE /4/ AND SHOULD REMAIN INCLUDED IN THE BARGAINING UNIT.
 
    THE BASIC MISSION OF THE USA DARCOM MATERIAL READINESS SUPPORT
 ACTIVITY (MRSA) IS TO EVALUATE THE READINESS AND MAINTENANCE OF FIELD
 AND DEVELOPMENTAL EQUIPMENT AND THE LOGISTICAL SUPPORT OF THE TROOPS IN
 THE FIELD.  THERE ARE FIVE DIVISIONS WITHIN MRSA, EACH BROKEN DOWN INTO
 SEVERAL BRANCHES.  GENERALLY, THE BRANCHES ARE DIVIDED INTO CELLS OR
 TEAMS WITH ONE OF THE INCUMBENTS AT ISSUE HEADING UP EACH CELL OR TEAM
 GROUP.  THE MISSION OF THE U.S.  ARMY CENTRAL TEST MEASUREMENT
 DIAGNOSTIC EQUIPMENT ACTIVITY (CTA) IS TO MANAGE THE TEST MEASUREMENT
 DIAGNOSTIC EQUIPMENT (TMDE) PROGRAM BY EVALUATING TMDE READINESS
 MATTERS, PROVIDING READINESS SUPPORT TO SYSTEMS AND EQUIPMENT
 DEVELOPERS, AND CONTROLLING THE ACQUISITION OF TEST EQUIPMENT.  LIKE
 MRSA, CTA IS BROKEN DOWN INTO DIVISIONS.  HOWEVER, THE DIVISIONS ARE NOT
 DIVIDED INTO BRANCHES, BUT ONLY INTO TEAMS.  THE TEAM LEADERS IN
 QUESTION HEAD UP THESE TEAMS.  THE INDIVIDUALS IN MRSA AND CTA ARE
 ENGAGED IN WORK WHICH CONSISTS OF SYSTEMS ANALYSIS, REPORT WRITING,
 CORRESPONDENCE WITH OTHER ARMY AND DOD COMPONENTS AND CONTRACTORS,
 REGULATION UPDATING AND, IN SOME CASES, FIELD INSPECTIONS.  BOTH
 ACTIVITIES HAVE BEEN CONTINUOUSLY GOING THROUGH REORGANIZATIONS AND JOB
 RESTRUCTURING;  THUS THE FOLLOWING DETERMINATIONS ARE BASED UPON THE
 DUTIES AND RESPONSIBILITIES PERFORMED BY THE INCUMBENTS AT THE TIME OF
 THE HEARING.
 
    READINESS ANALYSIS AND EQUIPMENT IMPROVEMENT BRANCH,
 
    READINESS DIVISION, MRSA
 
    DONALD D. PAOLINI, MAINTENANCE MANAGEMENT OFFICER, GS-301-13, JOB
 NUMBER M-224E.
 
    JEREMIAH C. DAY, OPERATIONS RESEARCH ANALYST, GS-1515-13, JOB NUMBER
 M-418E.
 
    WILLIAM D. STEVENS, MAINTENANCE MANAGEMENT SPECIALIST, GS-301-13, JOB
 NUMBER M-546E.
 
    THE AUTHORITY FINDS THAT INCUMBENT DONALD D. PAOLINI IS NEITHER A
 SUPERVISOR NOR MANAGEMENT OFFICIAL WITHIN THE MEANING OF SECTION
 7103(A)(10) AND (11) OF THE STATUTE.  THUS, IN REGARD TO SUPERVISORY
 STATUS, ALTHOUGH THE INCUMBENT ASSIGNS WORK TO TEAM MEMBERS AND REVIEWS
 THEIR WORK PRODUCT FROM A TECHNICAL STANDPOINT, SUCH DUTIES ARE ROUTINE
 IN NATURE.  IN ADDITION, HIS RECOMMENDATIONS REGARDING LEAVE REQUESTS
 AND PERFORMANCE EVALUATION ARE MERELY ROUTINE OR CLERICAL IN NATURE AND
 DO NOT REQUIRE THE CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT.  IN
 DETERMINING PAOLINI IS NOT A MANAGEMENT OFFICIAL, IT IS NOTED THAT HIS
 RECOMMENDATIONS CONCERNING TECHNICAL MATTERS APPEAR TO BE BASED UPON
 STUDIES AND ANALYSES ASSIGNED TO HIM BY OUTSIDE AUTHORITIES AND THERE IS
 NO EVIDENCE THAT HE FORMULATES, DETERMINES, OR INFLUENCES AGENCY POLICY.
  RATHER, HE FUNCTIONS AS AN EXPERT OR PROFESSIONAL RENDERING ADVICE ON
 THE PROCEDURES TO EFFECTUATE OR DETERMINE SUCH POLICY.  /5/ THEREFORE,
 IT IS CONCLUDED THAT DONALD D. PAOLINI SHOULD REMAIN INCLUDED IN THE
 EXCLUSIVELY RECOGNIZED UNIT.
 
    THE AUTHORITY FINDS THAT INCUMBENT JEREMIAH C. DAY IS NEITHER A
 SUPERVISOR NOR MANAGEMENT OFFICIAL WITHIN THE MEANING OF SECTION 7103 OF
 THE STATUTE.  THUS, IN REGARD TO HIS SUPERVISORY STATUS, THE INCUMBENT
 IS A SENIOR-LEVEL EXPERT WHO PERFORMS THE TEAM LEADER FUNCTIONS OF
 ASSIGNING WORK TO TEAM MEMBERS AND REVIEWING THEIR WORK PRODUCT FROM A
 TECHNICAL STANDPOINT.  ALTHOUGH DAY MAKES EFFECTIVE RECOMMENDATIONS WITH
 REGARD TO AWARDS, REWARDS AND LETTERS OF COMMENDATION, SUCH
 RECOMMENDATIONS ARE ROUTINE IN NATURE AND DO NOT REQUIRE THE EXERCISE OF
 INDEPENDENT JUDGMENT.  IN DETERMINING WHETHER DAY IS A MANAGEMENT
 OFFICIAL, IT IS NOTED HE PERFORMS STUDIES WHICH RESULT IN TECHNICAL
 INFORMATION WHICH BECOMES PART OF LARGER PROJECTS STAFFED BY SEVERAL
 ORGANIZATIONS.  SUCH INPUT IS THAT OF AN EXPERT OR PROFESSIONAL
 RENDERING ADVICE OR EXPERTISE RATHER THAN OF A MANAGEMENT OFFICIAL
 FORMULATING, DETERMINING, OR INFLUENCING AGENCY POLICY.  /6/ THEREFORE,
 THE AUTHORITY FINDS THAT JEREMIAH C. DAY SHOULD REMAIN INCLUDED IN THE
 EXCLUSIVELY RECOGNIZED UNIT.
 
    THE AUTHORITY FINDS THAT INCUMBENT WILLIAM D. STEVENS IS NEITHER A
 SUPERVISOR NOR MANAGEMENT OFFICIAL WITHIN THE MEANING OF SECTION 7103 OF
 THE STATUTE.  HIS DUTIES AND RESPONSIBILITIES ARE BASICALLY SIMILAR TO
 THOSE OF HIS TWO COUNTERPARTS IN THE BRANCH, EXCEPT THAT HIS FUNCTIONAL
 AREA IS DIFFERENT.  THE DUTIES AND RESPONSIBILITIES OF THE INCUMBENT ARE
 SUCH THAT HE DOES NOT EXERCISE ANY OF THE REQUISITE INDICIA OF
 SUPERVISORY AUTHORITY, AND RECOMMENDATIONS HE HAS MADE HAVE BEEN ROUTINE
 IN NATURE AND DO NOT REQUIRE THE EXERCISE OF INDEPENDENT JUDGMENT.  IN
 ITS PETITION HEREIN THE ACTIVITY-PETITIONER SOUGHT TO EXCLUDE THE
 INCUMBENT SOLELY ON THE BASIS OF SUPERVISORY INDICIA.  HOWEVER, IN ITS
 POST-HEARING MOTION IT SOUGHT ALSO TO EXCLUDE HIM ON THE BASIS OF BEING
 A MANAGEMENT OFFICIAL.  THERE IS INSUFFICIENT EVIDENCE IN THE RECORD TO
 DETERMINE WHETHER THE INCUMBENT SHOULD BE EXCLUDED ON THAT BASIS.
 ACCORDINGLY, THE AUTHORITY FINDS THAT WILLIAM D. STEVENS SHOULD REMAIN
 INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT.
 
    INTEGRATED LOGISTIC SUPPORT BRANCH, READINESS DIVISION, MRSA
 
    JAMES J. CONFIDES, MAINTENANCE MANAGEMENT SPECIALIST, GS-301-13, JOB
 NUMBER M-546E.
 
    JOHN G.WILSON, MAINTENANCE MANAGEMENT SPECIALIST, GS-301-13, JOB
 NUMBER M-346E.
 
    WILLIAM C.DATES, MAINTENANCE MANAGEMENT SPECIALIST, GS-301-13, JOB
 NUMBER M-364-E.
 
    THE AUTHORITY FINDS THAT INCUMBENT JAMES J. CONFIDES IS NEITHER A
 SUPERVISOR NOR MANAGEMENT OFFICIAL WITHIN THE MEANING OF SECTION 7103 OF
 THE STATUTE.  THUS, IN REGARD TO SUPERVISORY STATUS, THE RECORD SHOWS
 THAT THE INCUMBENT'S MAIN FUNCTION AS A TEAM LEADER IS AS A SENIOR LEVEL
 ACTION OFFICER WHO COORDINATES AND REVIEWS THE TEAM'S PRODUCT.  HE DOES
 NOT EXERCISE ANY OF THE INDICIA OF SUPERVISORY AUTHORITY.  A MAJORITY OF
 THE ASSIGNMENTS OF THE TEAM ARE ROUTINE AND REPETITIVE IN NATURE AND ARE
 DICTATED BY REGULATION.  ALTHOUGH THE ACTIVITY-PETITIONER ORIGINALLY
 SOUGHT IN ITS PETITION TO EXCLUDE THE INCUMBENT SOLELY ON THE BASIS OF
 BEING A SUPERVISOR, IN ITS POST-HEARING MOTION IT SOUGHT ALSO TO EXCLUDE
 HIM ON THE BASIS OF BEING A MANAGEMENT OFFICIAL.  HOWEVER, THERE IS
 INSUFFICIENT EVIDENCE IN THE RECORD TO DETERMINE WHETHER THE INCUMBENT
 SHOULD BE EXCLUDED AS A MANAGEMENT OFFICIAL.  ACCORDINGLY, THE AUTHORITY
 FINDS THAT JAMES J.  CONFIDES SHOULD REMAIN INCLUDED IN THE EXCLUSIVELY
 RECOGNIZED UNIT.
 
    THE AUTHORITY FINDS THAT INCUMBENT JOHN G. WILSON IS NEITHER A
 SUPERVISOR NOR MANAGEMENT OFFICIAL WITHIN THE MEANING OF SECTION 7103 OF
 THE STATUTE.  THUS, THE DUTIES AND RESPONSIBILITIES OF THE INCUMBENT ARE
 SUCH THAT HE DOES NOT EXERCISE ANY OF THE REQUISITE INDICIA OF
 SUPERVISORY AUTHORITY, AND HIS RECOMMENDATIONS ARE MERELY ROUTINE OR
 CLERICAL IN NATURE AND REQUIRE NO CONSISTENT EXERCISE OF INDEPENDENT
 JUDGEMENT.  AS NOTED EARLIER, THE ACTIVITY-PETITIONER ORIGINALLY SOUGHT
 ONLY TO EXCLUDE THE INCUMBENT FROM THE UNIT ON THE BASIS OF BEING A
 SUPERVISOR.  SUBSEQUENTLY, IN ITS POST-HEARING MOTION IT ALSO SOUGHT TO
 EXCLUDE THE INCUMBENT ON THE BASIS OF BEING A MANAGEMENT OFFICIAL.
 HOWEVER, THERE IS INSUFFICIENT EVIDENCE IN THE RECORD TO DETERMINE
 WHETHER HE SHOULD BE EXCLUDED AS A MANAGEMENT OFFICIAL.  ACCORDINGLY, IT
 IS CONCLUDED THAT JOHN G. WILSON SHOULD REMAIN INCLUDED IN THE
 EXCLUSIVELY RECOGNIZED UNIT.
 
    THE AUTHORITY FINDS THAT INCUMBENT WILLIAM C. DATES WHO LEADS THE
 TEAM RESPONSIBLE FOR THE LOGISTICS SUPPORT ANALYSIS (LSA) AND LOGISTICS
 SUPPORT ANALYSIS RECORDS (LSAR) AREA IS A SUPERVISOR WITHIN THE MEANING
 OF SECTION 7103 OF THE STATUTE, AS HE EFFECTIVELY RECOMMENDS HIRING AND
 HIS SUPERVISOR ALMOST ALWAYS ACCEPTS HIS RECOMMENDATIONS WITH REGARD TO
 PROMOTION, WORK ASSIGNMENTS AND REWARDS.  ACCORDINGLY, THE AUTHORITY
 CONCLUDES THAT WILLIAM C. DATES SHOULD BE EXCLUDED FROM THE EXCLUSIVELY
 RECOGNIZED UNIT BECAUSE HE IS A SUPERVISOR, AND FINDS IT UNNECESSARY TO
 DETERMINE THE INCUMBENT'S MANAGEMENT OFFICIAL STATUS.
 
    SUPPLY EVALUATION BRANCH, SUPPLY DIVISION, MRSA
 
    DON M. HINDS, SUPPLY SYSTEMS ANALYST, GS-2003-13, JOB NUMBER 382.
 
    ANDY DALLAK, SUPPLY SYSTEMS ANALYST, GS-2003-13, JOB NUMBER 382.
 
    THE AUTHORITY FINDS THAT INCUMBENTS DON M. HINDS AND ANDY DALLAK ARE
 NEITHER SUPERVISORS NOR MANAGEMENT OFFICIALS WITHIN THE MEANING OF
 SECTION 7103 OF THE STATUTE.  THUS, IN TERMS OF SUPERVISORY STATUS,
 ALTHOUGH THE INCUMBENTS ASSIGN SOME WORK TO TEAM MEMBERS AND REVIEW
 THEIR WORK PRODUCT FROM A TECHNICAL STANDPOINT, SUCH DUTIES ARE ROUTINE
 IN NATURE.  WITH RESPECT TO MANAGEMENT OFFICIAL STATUS, ANY
 RECOMMENDATION THEY MAKE WITH RESPECT TO TECHNICAL CHANGES IN AGENCY
 POLICIES ARE BASED ON PROJECTS ASSIGNED TO THEM BY HIGHER AUTHORITIES
 AND ARE REVIEWED, CHANGED OR MODIFIED THROUGH MANY LEVELS OF THE AGENCY.
  IN THIS REGARD, ANY RECOMMENDATIONS THEY MAKE CONCERNING TECHNICAL
 MATTERS ARE THOSE OF EXPERTS OR PROFESSIONALS RENDERING ADVICE OR
 EXPERTISE RATHER THAN OF MANAGEMENT OFFICIALS FORMULATING, DETERMINING,
 OR INFLUENCING AGENCY POLICY. /7/ ACCORDINGLY, THE AUTHORITY CONCLUDES
 THAT DON M. HINDS AND ANY DALLAK SHOULD REMAIN IN THE EXCLUSIVELY
 RECOGNIZED UNIT.
 
    SUPPLY SYSTEMS BRANCH, SUPPLY DIVISION, MRSA
 
    EDWIN W. LOY, JR., SUPPLY SYSTEMS ANALYST, GS-2003-13, JOB NUMBER
 383-E.
 
    CLARENCE F. ELKINS, SUPPLY SYSTEMS ANALYST, GS-2003-13, JOB NUMBER
 383-E.
 
    IRA E. MEADOWS, JR., SUPPLY SYSTEMS ANALYST, GS-2003-13, JOB NUMBER
 382-E.
 
    THE AUTHORITY FINDS THAT INCUMBENT EDWIN W. LOY, JR. IS NEITHER A
 SUPERVISOR NOR A MANAGEMENT OFFICIAL WITHIN THE MEANING OF SECTION 7103
 OF THE STATUTE.  IN TERMS OF SUPERVISORY STATUS, LOY ACTS AS A SENIOR
 LEVEL ANALYST WHO USUALLY WORKS ALONE "STAFFING" OR PROVIDING EXPERT
 ANALYSIS IN HIS ASSIGNED FUNCTIONAL AREA.  IN HIS CAPACITY AS TEAM
 LEADER, THE INCUMBENT TO DATE HAS NOT EFFECTIVELY EXERCISED ANY OF THE
 REQUISITE INDICIA OF A SUPERVISOR AS CONTAINED IN SECTION 7103(A)(10).
 AS NOTED ABOVE, THE ACTIVITY-PETITIONER SOUGHT IN ITS POST-HEARING
 MOTION TO EXCLUDE THE INCUMBENT AS A MANAGEMENT OFFICIAL AS WELL AS A
 SUPERVISOR.  HOWEVER, THERE IS INSUFFICIENT EVIDENCE TO DETERMINE
 WHETHER THE INCUMBENT SHOULD BE SO EXCLUDED FROM THE UNIT.  ACCORDINGLY,
 THE AUTHORITY CONCLUDES THAT EDWIN W. LOY, JR. SHOULD REMAIN INCLUDED IN
 THE EXCLUSIVELY RECOGNIZED UNIT.
 
    THE PARTIES STIPULATED THAT THE TESTIMONY OF LOY WITH REGARD TO HIS
 RESPONSIBILITIES IS REPRESENTATIVE OF THE DUTIES AND RESPONSIBILITIES OF
 INCUMBENT CLARENCE F. ELKINS.  THE AUTHORITY FINDS, BASED ON THE
 PARTIES' STIPULATION AND THE LACK OF EVIDENCE TO THE CONTRARY, THAT
 INCUMBENT CLARENCE F. ELKINS IS NEITHER A SUPERVISOR NOR MANAGEMENT
 OFFICIAL WITHIN THE MEANING OF SECTION 7103 OF THE STATUTE.
 ACCORDINGLY, THE AUTHORITY CONCLUDES THAT CLARENCE F. ELKINS SHOULD
 REMAIN IN THE EXCLUSIVELY RECOGNIZED UNIT.
 
    THE PARTIES ALSO STIPULATED THAT THE TESTIMONY OF INCUMBENTS DON M.
 HINDS AND ANY DALLAK OF THE SUPPLY EVALUATION BRANCH APPLY TO INCUMBENT
 IRA E. MEADOWS, JR. OF THE SUPPLY SYSTEMS BRANCH.  ALL THREE INDIVIDUALS
 ARE CLASSIFIED AS SUPPLY SYSTEMS ANALYST, GS-2003-13, JOB NUMBER 382.
 THUS, AS IT HAS ALREADY BEEN DETERMINED THAT BOTH HINDS AND DALLAK ARE
 NEITHER SUPERVISORS NOR MANAGEMENT OFFICIALS WITHIN THE MEANING OF
 SECTION 7103 OF THE STATUTE, IT IS CONCLUDED THAT INCUMBENT IRA E.
 MEADOWS, JR. IS NEITHER A SUPERVISOR NOR MANAGEMENT OFFICIAL WITHIN THE
 MEANING OF SECTION 7103 OF THE STATUTE.  ACCORDINGLY, IRA W. MEADOWS,
 JR. SHOULD REMAIN INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT.
 
    ACQUISITION AND FIELD REQUIREMENTS DIVISION, CTA
 
    VICTOR J. COLLETTA, GENERAL ENGINEER, GS-801-13, JOB NUMBER T-12,
 637E.
 
    THE AUTHORITY FINDS THAT INCUMBENT VICTOR J. COLLETTA IS NEITHER A
 SUPERVISOR NOR A MANAGEMENT OFFICIAL WITHIN THE MEANING OF SECTION 7103
 OF THE STATUTE.  IN THIS REGARD, THE EVIDENCE SHOWS COLLETTA IS A SENIOR
 ACTION OFFICER WHO SPENDS A MINIMAL AMOUNT OF HIS TIME PROVIDING
 TECHNICAL REVIEW AND ASSISTANCE TO A LESS SENIOR ACTION OFFICER.  HE
 DOES NOT EXERCISE ANY INDICIA OF SUPERVISORY STATUS.  FURTHER, ALTHOUGH
 THE ACTIVITY-PETITIONER SOUGHT TO EXCLUDE THE INCUMBENT AS A MANAGEMENT
 OFFICIAL IN ITS POST-HEARING MOTION, THERE IS INSUFFICIENT EVIDENCE TO
 DETERMINE WHETHER HE SHOULD BE EXCLUDED ON THAT BASIS.  ACCORDINGLY, THE
 AUTHORITY FINDS THAT VICTOR J. COLLETTA SHOULD REMAIN IN THE EXCLUSIVELY
 RECOGNIZED UNIT.
 
    SYSTEMS EVALUATION DIVISION, CTA
 
    PHILLIP T. SMITH, GENERAL ENGINEER, GS-801-13, JOB NUMBER T-12,
 633-E.
 
    LESLIE H. ADKINS, GENERAL ENGINEER, GS-801-13, JOB NUMBER T-12,
 633-E.
 
    THE AUTHORITY FINDS THAT INCUMBENTS PHILLIP T. SMITH AND LESLIE H.
 ADKINS ARE NEITHER SUPERVISORS NOR MANAGEMENT OFFICIALS WITHIN THE
 MEANING OF SECTION 7103 OF THE STATUTE.  THEY DO NOT EXERCISE ANY OF THE
 REQUISITE INDICIA OF SUPERVISORY AUTHORITY, BUT RATHER FUNCTION AS
 SENIOR ENGINEERS. ANY ADVICE THEY PROVIDE ON TECHNICAL MATTERS IS MERELY
 THAT OF EXPERTS OR PROFESSIONALS RENDERING RESOURCE INFORMATION OR
 RECOMMENDATIONS AND NOT THAT OF MANAGEMENT OFFICIALS FORMULATING,
 DETERMINING, OR INFLUENCING THE POLICIES OF THE AGENCY.  /8/
 
    ACCORDINGLY, THE AUTHORITY CONCLUDES THAT PHILLIP T. SMITH AND LESLIE
 H. ADKINS SHOULD REMAIN INCLUDED WITHIN THE EXCLUSIVELY RECOGNIZED UNIT.
  PLANNING AND RESOURCES DIVISION, CTA
 
    GAYLE H. REES, GENERAL ENGINEER, GS-801-13, JOB NUMBER T-12, 641-E.
 
    THE AUTHORITY FINDS INCUMBENT GAYLE H. REES WHO SERVES AS THE
 DIVISION CHIEF OF THE PLANNING AND RESOURCES DIVISION AS WELL AS THE
 ADMINISTRATIVE OFFICER FOR THE COMMANDER IS A SUPERVISOR WITHIN THE
 MEANING OF SECTION 7103 OF THE STATUTE.  AS THE RECORD SHOWS HE
 EFFECTIVELY RECOMMENDS THE HIRING, DIRECTING, ASSIGNING, PROMOTING AND
 REWARDING OF EMPLOYEES.  ACCORDINGLY, THE AUTHORITY CONCLUDES THAT GAYLE
 H. REES SHOULD BE EXCLUDED FROM THE EXCLUSIVELY RECOGNIZED UNIT, AND
 FINDS IT IS UNNECESSARY TO DETERMINE THE INCUMBENT'S MANAGEMENT OFFICIAL
 STATUS.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED HEREIN, FOR
 WHICH THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 894,
 AFL-CIO WAS CERTIFIED ON SEPTEMBER 11, 1975, AND SUBSEQUENTLY CLARIFIED
 AND AMENDED ON JUNE 11, 1979, BE AND HEREBY IS, CLARIFIED BY DELETING
 FROM SAID UNIT WILLIAM C. DATES, MAINTENANCE MANAGEMENT SPECIALIST,
 GS-301-13, JOB NUMBER M-364-E AND GAYLE H. REES, GENERAL ENGINEER,
 GS-801-13, JOB NUMBER T-12, 641-E.
 
    DATED, WASHINGTON, D.C., FEBRUARY 4, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ SEE, USA DARCOM MATERIEL READINESS SUPPORT ACTIVITY (MRSA),
 LEXINGTON, KENTUCKY, 1 FLRA 430(1979), WHEREIN THE AUTHORITY ORDERED
 THAT THE UNIT REPRESENTED BY THE AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 894, AFL-CIO, CERTIFIED ON SEPTEMBER 11, 1975, BE
 CLARIFIED TO INCLUDE THE EMPLOYEES OF THE U.S. ARMY TEST MEASUREMENT
 DIAGNOSTIC EQUIPMENT ACTIVITY (USA CTA), LEXINGTON, KENTUCKY, AND
 AMENDED BY CHANGING THE DESIGNATION OF THE UNIT FROM "EMPLOYEES OF THE
 U.S. ARMY MAINTENANCE MANAGEMENT CENTER, LEXINGTON, KENTUCKY" TO
 "EMPLOYEES OF THE U.S. ARMY DARCOM MATERIEL READINESS SUPPORT ACTIVITY
 AND THE U.S. ARMY CENTRAL TEST MEASUREMENT DIAGNOSTIC EQUIPMENT
 ACTIVITY, LEXINGTON, KENTUCKY."
 
    /2/ THE LABOR ORGANIZATION FILED NO OPPOSITION TO THE
 ACTIVITY-PETITIONERS' POST-HEARING MOTION FOR AMENDMENT OF THE PETITION
 SEEKING TO EXCLUDE ALL POSITIONS AT ISSUE AS SUPERVISORY AND/OR
 MANAGEMENT OFFICIALS.
 
    /3/ THE PARTIES AGREED TO WITHDRAW FROM AUTHORITY CONSIDERATION THREE
 INDIVIDUALS:  RAYMOND W. BEATTYS, MAINTENANCE MANAGEMENT SPECIALIST,
 GS-301-13, JOB NUMBER M-410E;  REINHARDT W. BAGER, MAINTENANCE
 MANAGEMENT SPECIALIST, GS-301-13, JOB NUMBER M-364E;  AND CYRIL M.
 BROWN, CHEMIST, GS-1320-13, JOB NUMBER M-404E, DUE TO NEW SUPERVISORY
 JOB DESCRIPTIONS ASSIGNED TO THESE INDIVIDUALS.
 
    /4/ SECTION 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, 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;
 
    (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/ SEE DEPARTMENT OF THE NAVY, AUTOMATIC DATA PROCESSING SELECTION
 OFFICE, 7 FLRA NO. 24(1981), IN WHICH THE AUTHORITY INTERPRETED THE
 DEFINITION OF MANAGEMENT OFFICIAL UNDER SECTION 7103(A)(11) OF THE
 STATUTE 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.
 
    /6/ ID.
 
    /7/ ID.
 
    /8/ ID.