U.S. Department of the Navy, Marine Corps Base, Camp Pendleton, California (Activity) and Federal Firefighters Association, Inc. Local F-85, IAFF (Petitioner) 

 8 FLRA No. 65
 
 U.S. DEPARTMENT OF THE NAVY
 MARINE CORPS BASE,
 CAMP PENDLETON, CALIFORNIA
 Activity
 
 and
 
 FEDERAL FIREFIGHTERS ASSOCIATION, INC.
 LOCAL, F-85, IAFF
 Petitioner
 
                                            Case No. 8-CU-23
 
                    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 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 BRIEFS FILED BY BOTH
 PARTIES, THE AUTHORITY FINDS:
 
    THE PETITIONER SEEKS TO CLARIFY AN EXISTING EXCLUSIVELY RECOGNIZED
 UNIT OF FIRE PROTECTION PERSONNEL AT THE MARINE CORPS BASE, CAMP
 PENDLETON (THE ACTIVITY) /1/ TO INCLUDE INDIVIDUALS CLASSIFIED AS FIRE
 CAPTAIN, GS-081-6, AND ASSISTANT FIRE CHIEF, GS-081-8.  THE ACTIVITY
 CONTENDS THAT THE INCUMBENTS IN THE SUBJECT POSITIONS ARE SUPERVISORS
 WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE STATUTE /2/ AND, ON
 THIS BASIS, OPPOSES THEIR INCLUSION IN THE RECOGNIZED UNIT.
 
    THE FIRE DEPARTMENT IS A COMPONENT OF THE MARINE CORPS BASE, CAMP
 PENDLETON, CALIFORNIA, AND IS RESPONSIBLE FOR FIRE PROTECTION AT THE
 BASE.  THE DEPARTMENT OPERATES SEVEN FIRE STATIONS, AND EIGHT FIRE
 ENGINE COMPANIES.  UNDER THE DIRECTION OF THE FIRE CHIEF AND DEPUTY
 CHIEF, THE DEPARTMENT IS COMPOSED OF 2 ASSISTANT FIRE CHIEFS, 16 FIRE
 CAPTAINS (THE CLASSIFICATIONS HERE IN DISPUTE) AND 78 FIREFIGHTERS.  IN
 ADDITION, THE DEPARTMENT INCLUDES THE FOLLOWING:  A CHIEF INSPECTOR, 2
 RESCUE OFFICERS, 3 DISPATCHERS AND 2 CLERKS.
 
    THE FIREFIGHTING PERSONNEL ARE DIVIDED INTO TWO SHIFTS WHICH
 ALTERNATE ON DUTY FOR A 24-HOUR 7:30 A.M. TO 7:30 A.M. SHIFT.  EACH
 SHIFT IS ASSIGNED FIRE CAPTAINS AND FIREFIGHTERS.  BOTH THE CHIEF AND
 THE DEPUTY CHIEF WORK AN 8-HOUR 7:30 A.M. TO 3:30 P.M. SHIFT ON MONDAY,
 TUESDAY, THURSDAY, AND FRIDAY, AND A 24-HOUR 7:30 A.M. TO 7:30 A.M.
 SHIFT OF WEDNESDAY.  THE TWO ASSISTANT CHIEFS WORK ON ALTERNATE DAYS ON
 A 24-HOUR 7:30 A.M. TO 7:30 A.M. BASIS, WITH WEDNESDAY OFF.
 
                         FIRE CAPTAINS (GS-081-6)
 
    BASED ON THE ENTIRE RECORD, THE AUTHORITY FINDS THAT THE FIRE
 CAPTAINS ARE NOT SUPERVISORS WITHIN THE MEANING OF SECTION 71-3(A)(10)
 OF THE STATUTE.  THUS, ALTHOUGH FIRE CAPTAINS HAVE THE AUTHORITY TO
 DIRECT AND ASSIGN FIREFIGHTING PERSONNEL IN CERTAIN SITUATIONS, THE
 EVIDENCE ESTABLISHES THAT THE EXERCISE OF THE AUTHORITY IS ROUTINE OR
 CLERICAL IN NATURE AND DOES NOT REQUIRE THE CONSISTENT EXERCISE OF
 INDEPENDENT JUDGMENT.  MOREOVER, THE FIRE CAPTAINS DO NOT DEVOTE A
 PREPONDERANCE OF THEIR EMPLOYMENT TIME EXERCISING SUCH AUTHORITY.  THE
 CAPTAINS HAVE NO AUTHORITY TO HIRE, DISCHARGE, LAYOFF, TRANSFER, OR
 FURLOUGH EMPLOYEES.  WITH RESPECT TO PROMOTIONS, DISCIPLINE AND REWARDS
 THE EVIDENCE DOES NOT ESTABLISH THAT CAPTAINS HAVE THE AUTHORITY
 "EFFECTIVELY TO RECOMMEND" SUCH ACTIONS WHICH ARE SUBJECT TO REVISION
 AND REVIEW BY AT LEAST TWO HIGHER LEVELS OF AUTHORITY.
 
    IN THESE CIRCUMSTANCES, THE AUTHORITY SHALL ORDER THAT THE EMPLOYEES
 IN THE DISPUTED JOB CLASSIFICATIONS BE INCLUDED IN THE EXCLUSIVELY
 RECOGNIZED UNIT.
 
    ASSISTANT FIRE CHIEFS (GS-081-8)
 
    BASED ON THE ENTIRE RECORD, THE AUTHORITY FINDS THAT THE ASSISTANT
 FIRE CHIEFS, GS-081-8, ARE SUPERVISORS WITHIN THE MEANING OF SECTION
 7103(A)(10) OF THE STATUTE.  THUS, AS INDICATED IN THE RECORD, THEY
 SPEND A PREPONDERANCE OF THEIR ACTIVE DUTY TIME IN THE EXERCISE OF
 SUPERVISORY AUTHORITY REQUIRING THE CONSISTENT USE OF INDEPENDENT
 JUDGMENT, INCLUDING THE DIRECTION AND ASSIGNMENT OF EMPLOYEES.  IN THIS
 REGARD, THEY ASSIGN AND TEMPORARILY TRANSFER PERSONNEL FROM ONE ENGINE
 COMPANY TO ANOTHER AND VISIT FIRE STATIONS FREQUENTLY TO ASSURE THE
 IMPLEMENTATION OF THE TRAINING PROGRAM AND MAINTENANCE AND UPKEEP OF
 FIRE EQUIPMENT.
 
    IN THESE CIRCUMSTANCES, THE AUTHORITY SHALL ORDER THAT THE EMPLOYEES
 IN THE DISPUTED JOB CLASSIFICATIONS BE EXCLUDED FROM THE EXCLUSIVELY
 RECOGNIZED UNIT.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED, HEREIN,
 FOR WHICH EXCLUSIVE RECOGNITION WAS ORIGINALLY GRANTED TO FEDERAL
 FIREFIGHTERS ASSOCIATION, INC., LOCAL F-85, IAFF, IN MARCH 1961 AT U.S.
 DEPARTMENT OF THE NAVY, MARINE CORPS BASE, CAMP PENDLETON, CALIFORNIA,
 BE AND HEREBY IS, CLARIFIED BY INCLUDING IN SAID UNIT THE POSITION OF
 FIRE CAPTAIN, GS-081-6, AND BY EXCLUDING FROM SAID UNIT THE POSITION OF
 ASSISTANT FIRE CHIEF, GS-081-8.
 
    ISSUED, WASHINGTON, D.C., MARCH 26, 1982
 
                       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 THE FOLLOWING
 DESCRIBED UNIT OF EMPLOYEES:
 
    INCLUDED:  ALL NON-SUPERVISORY FIRE PROTECTION PERSONNEL AS DEFINED
 BY EXECUTIVE ORDER.
 
    EXCLUDED:  ALL SUPERVISORY FIRE PROTECTION PERSONNEL AS DEFINED BY
 EXECUTIVE ORDER.
 
    /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(.)