09:0003(1)CU - The Adjutant General, Delaware NG and ACT, Inc., Delaware Chapter -- 1982 FLRAdec RP

 9 FLRA No. 1
 
 THE ADJUTANT GENERAL,
 DELAWARE NATIONAL GUARD
 Activity/Petitioner
 
 and
 
 ASSOCIATION OF CIVILIAN TECHNICIANS, INC.,
 DELAWARE CHAPTER
 Labor Organization
 
                                            Case No. 2-CU-4
 
                    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, INCLUDING THE BRIEFS FILED BY
 BOTH PARTIES, THE AUTHORITY FINDS:
 
    THE ASSOCIATION OF CIVILIAN TECHNICIANS, INC., DELAWARE CHAPTER
 (ACT), WAS RECOGNIZED BY THE ACTIVITY ON MAY 22, 1969, AS THE EXCLUSIVE
 BARGAINING REPRESENTATIVE FOR A UNIT OF ALL COMPETITIVE AND EXCEPTED
 FEDERAL NATIONAL GUARD TECHNICIANS EMPLOYED BY THE DELAWARE NATIONAL
 GUARD.  ESSENTIALLY, THE ACTIVITY'S PETITION SEEKS TO CLARIFY THE UNIT
 ELIGIBILITY OF CERTAIN EMPLOYEES /1/ AS A RESULT OF THE PARTIES' FAILURE
 TO AGREE ON THE APPLICABILITY OF SECTION 7112(B) OF THE STATUTE
 (EMPLOYEE EXCLUSIONS) TO THE ACT BARGAINING UNIT.
 
    AT ISSUE HEREIN FOR UNIT ELIGIBILITY DETERMINATIONS /2/ ARE 14
 POSITIONS IN 3 JOB CLASSIFICATIONS IN THE ACTIVITY'S ARMY NATIONAL GUARD
 (POSITIONS WHICH HAVE JOB NUMBERS BEGINNING WITH "R") AND 18 POSITIONS
 IN 16 JOB CLASSIFICATIONS IN THE ACTIVITY'S AIR NATIONAL GUARD
 (POSITIONS WHICH HAVE JOB NUMBERS BEGINNING WITH "F").  THE ACTIVITY
 ARGUES THAT 1 OF THE 32 POSITIONS REMAINING AT ISSUE SHOULD BE EXCLUDED
 FROM UNIT ELIGIBILITY ON THE BASIS OF STATUS AS A "MANAGEMENT OFFICIAL,"
 AND THAT ALL THE REST OF THE 32 POSITIONS SHOULD BE EXCLUDED AS
 "SUPERVISORS".
 
    MANAGEMENT OFFICIAL /3/
 
    JOB NO. F1430000, FLIGHT INSTRUCTOR, GS-13, AIR OPERATIONS
 
    IN THE LEAD CASE IN THIS AREA, 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), 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 AUTHORITY FINDS THAT THE THREE
 INCUMBENTS' ROLE IN GIVING FLIGHT INSTRUCTION AND HANDLING THE
 ASSOCIATED SCHEDULING AND ADMINISTRATIVE RESPONSIBILITIES, AS WELL AS
 ACTING AS A RESOURCE OF EXPERT OPINION FOR HIGHER-LEVEL DECISION ON
 WHETHER TO PROMOTE PILOTS, AND PARTICIPATING IN THE ROTATIONAL
 "SUPERVISOR OF FLYING" GROUND DUTY OF SUPERVISING ALL PHASES OF FLYING
 FOR SAFETY PURPOSES TO BE THAT OF VALUABLE EXPERTS OR PROFESSIONALS
 WHOSE ACTIONS ASSIST IN IMPLEMENTING, AS OPPOSED TO SHAPING, THE
 ACTIVITY'S POLICIES.  THUS, THE RECORD IS CLEAR THAT THE INCUMBENTS DO
 NOT EXERCISE ANY DUTIES AND RESPONSIBILITIES WHICH REQUIRE OR AUTHORIZE
 THEM TO FORMULATE, DETERMINE, OR INFLUENCE THE POLICIES OF THE ACTIVITY
 WITHIN THE MEANING OF SECTION 7103(A)(11) OF THE STATUTE, AS INTERPRETED
 BY THE AUTHORITY.  THEREFORE, THE AUTHORITY SHALL ORDER THAT JOB NO.
 F1430000, FLIGHT INSTRUCTOR, GS-13, AIR OPERATIONS, REMAIN INCLUDED IN
 THE ACT'S EXCLUSIVELY RECOGNIZED UNIT.  /4/
 
    SUPERVISOR /5/
 
    JOB NO. R0255000, OPERATIONS AND TRAINING SPECIALIST, GS-9, 198TH
 SIGNAL BATTALION
 
    THE INCUMBENT HAS ONE SUBORDINATE, WHO IS FULL-TIME MANNING
 (MILITARY) (FTM) AND FILLS THE EQUIVALENT OF A GS-7 SLOT.  AS NOTED,
 SECTION 7103(A)(10) OF THE STATUTE DEFINES A "SUPERVISOR" AS AN
 INDIVIDUAL HAVING CERTAIN AUTHORITY OVER "EMPLOYEES." SECTION 7103(A)(2)
 DEFINES "EMPLOYEE" FOR THE PURPOSES OF THE STATUTE AS AN INDIVIDUAL
 EMPLOYED IN AN AGENCY, BUT DOES NOT INCLUDE A MEMBER OF THE UNIFORMED
 SERVICES.  /6/ THE AUTHORITY FINDS THAT INDIVIDUALS DESIGNATED FTM ARE
 MEMBERS OF THE UNIFORMED SERVICES AND, AS SUCH, ARE NOT "EMPLOYEES"
 WITHIN THE MEANING OF THE STATUTE.  /7/ AS THERE IS NO CONTENTION THAT
 THE INCUMBENT EXERCISES ANY AUTHORITY OVER ANY INDIVIDUAL NOT CLASSIFIED
 AS FTM, THE AUTHORITY FINDS THAT THE INCUMBENT IS NOT A SUPERVISOR AS
 DEFINED IN THE STATUTE, AND SHALL ORDER THAT JOB NO. R0255000,
 OPERATIONS AND TRAINING SPECIALISTS, GS-9, 198TH SIGNAL BATTALION,
 REMAIN INCLUDED IN THE ACT'S EXCLUSIVELY RECOGNIZED UNIT.
 
    JOB NO. R7116000, COMMAND ADMINISTRATIVE SPECIALIST, GS-8, COMMAND
 AND CONTROL HEADQUARTERS
 
    THE AUTHORITY FINDS THAT THE INCUMBENT, WHO SUPERVISES ONE GS-7
 COMMAND ADMINISTRATIVE SPECIALIST, THREE ADMINISTRATIVE SUPPLY
 TECHNICIANS (ONE FULL-TIME MANNING (MILITARY) AND TWO GS-7'S), AND TWO
 GS-3 CLERK-TYPISTS, IS A SUPERVISOR WITHIN THE MEANING OF SECTION
 7103(A)(10) OF THE STATUTE AS HE CONSISTENTLY USES INDEPENDENT JUDGMENT
 IN THE EXERCISE OF HIS AUTHORITY TO HIRE AND ASSIGN HIS SUBORDINATES.
 ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT JOB NO. R7116000, COMMAND
 ADMINISTRATIVE SPECIALIST, GS-8, COMMAND AND CONTROL HEADQUARTERS, BE
 EXCLUDED FROM THE ACT'S EXCLUSIVELY RECOGNIZED UNIT.
 
    JOB NO. R7116000, COMMAND ADMINISTRATIVE SPECIALIST, GS-7:  198TH
 SIGNAL BATTALION 736TH SUPPLY AND SERVICE BATTALION 116TH SUPPORT
 HOSPITAL
 
    THE INCUMBENT IN THE 198TH SIGNAL BATTALION SERVES AS A TECHNICAL
 EXPERT FOR THE PERSONNEL ADMINISTRATION REPORTING WORK OF THE GS-7
 "FIRST" (OR "SENIOR") LEVEL ADMINISTRATIVE SUPPLY TECHNICIANS (AST'S) AT
 THE COMPANY LEVEL OF THE BATTALION.  HE DOES NOT ASSIGN TO THE FIRST
 AST'S THEIR REPORTING TASKS.  HE DOES PERFORM ROUTINE, MINISTERIAL
 BATTALION TIMEKEEPER AND TIMESHEET TASKS, BUT DOES NOT SIGN LEAVE SLIPS,
 APPROVE OR DISAPPROVE REQUESTS FOR LEAVE OR COMPENSATORY TIME, OR
 EFFECTIVELY RECOMMEND SUCH ACTION.  HE HAS NO AUTHORITY TO DISCIPLINE OR
 TO ADJUST GRIEVANCES, IS NOT AUTHORIZED TO RATE THE PERFORMANCE OF THE
 FIRST AST'S, AND HAS NEITHER THE AUTHORITY TO HIRE, NOR THE AUTHORITY TO
 EFFECTIVELY RECOMMEND SUCH ACTION.  UNDER THESE CIRCUMSTANCES, THE
 AUTHORITY FINDS INSUFFICIENT EVIDENCE TO ESTABLISH THAT THE INCUMBENT
 EXERCISES ANY OF THE INDICIA OF SUPERVISORY AUTHORITY WITH THE REQUIRED
 CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT.  /8/ THUS, THE RECORD DOES
 NOT ESTABLISH THAT THE INCUMBENT IS A SUPERVISOR WITHIN THE MEANING OF
 SECTION 7103(A)(10) OF THE STATUTE.  THEREFORE, THE AUTHORITY SHALL
 ORDER THAT JOB NO. R7116000, COMMAND ADMINISTRATIVE SPECIALIST, GS-7,
 198TH SIGNAL BATTALION, REMAIN INCLUDED IN THE ACT'S EXCLUSIVELY
 RECOGNIZED UNIT.
 
    THE INCUMBENT IN THE 736TH SUPPLY AND SERVICE BATTALION ALSO SERVES
 AS A TECHNICAL EXPERT FOR THE PERSONNEL ADMINISTRATION REPORTING WORK OF
 THE GS-7 FIRST AST'S AT THE COMPANY LEVEL OF HIS BATTALION.  THE
 AUTHORITY FINDS THE RECORD ESTABLISHES THAT THE INCUMBENT IS A
 SUPERVISOR AS DEFINED BY SECTION 7103(A)(10) OF THE STATUTE.  THUS, HE
 HAS THE DELEGATED RESPONSIBILITY TO SIGN THE MERIT STEP INCREASES FOR
 THE FIRST AST'S WHEN THEY BECOME DUE, AND HAS BEEN GIVEN THE AUTHORITY
 TO REPRIMAND-- TO "WRITE SOMEBODY UP"-- AND HAS EXERCISED THAT AUTHORITY
 TO DISCIPLINE TO THE EXTENT OF "ORAL COUNSELING." AS THE FOREGOING
 EXERCISE OF AUTHORITY REQUIRES THE CONSISTENT EXERCISE OF INDEPENDENT
 JUDGMENT, THE AUTHORITY SHALL ORDER THAT JOB NO. R7116000, COMMAND
 ADMINISTRATIVE SPECIALIST, GS-7, 736TH SUPPLY AND SERVICE BATTALION, BE
 EXCLUDED FROM THE ACT'S EXCLUSIVELY RECOGNIZED UNIT.
 
    THE PARTIES STIPULATED THAT THE AUTHORITY'S ELIGIBILITY
 DETERMINATIONS REGARDING THE POSITION LOCATED IN THE 198TH SIGNAL
 BATTALION AND THE POSITION LOCATED IN THE 736TH SUPPLY AND SERVICE
 BATTALION SHOULD APPLY TO THE POSITION LOCATED IN THE 116TH SUPPORT
 HOSPITAL.  HOWEVER, IN VIEW OF THE AUTHORITY'S FOREGOING ELIGIBILITY
 DETERMINATIONS FINDING THAT THE POSITION LOCATED IN THE 198TH SIGNAL
 BATTALION IS NON-SUPERVISORY BUT FINDING THAT THE POSITION LOCATED IN
 THE 736TH SUPPLY AND SERVICE BATTALION IS SUPERVISORY, AND IN VIEW OF
 THE LACK OF INDEPENDENT RECORD EVIDENCE CONCERNING THE DUTIES AND
 RESPONSIBILITIES OF THE REMAINING DISPUTED POSITION, THE AUTHORITY WILL
 MAKE NO ELIGIBILITY FINDING AS TO JOB NO. R7116000, COMMAND
 ADMINISTRATIVE SPECIALIST, GS-7, 116TH SUPPORT HOSPITAL.  /9/
 
    JOB NO. R7135000, ADMINISTRATIVE SUPPLY TECHNICIAN, GS-7:
 
                    COMPANY B, 150TH AVIATION BATTALION
 
                     COMPANY A, 198TH SIGNAL BATTALION
 
                     COMPANY B, 198TH SIGNAL BATTALION
 
                     COMPANY C, 198TH SIGNAL BATTALION
 
                           280TH SIGNAL COMPANY
 
                           251ST SIGNAL COMMAND
 
                         945TH MAINTENANCE COMPANY
 
                        2198TH MAINTENANCE COMPANY
 
               262ND HEAVY EQUIPMENT AND MAINTENANCE COMPANY
 
    THE FIRST POSITION AT ISSUE IS THAT OF ADMINISTRATIVE SUPPLY
 TECHNICIAN (AST), GS-7, FOR COMPANY B OF THE 150TH AVIATION BATTALION.
 THE INCUMBENT HAS TWO FULL-TIME MANNING (MILITARY) (FTM) SUBORDINATES
 WHO ARE "SECOND" LEVEL AST'S EQUIVALENT TO GRADE GS-5.  THE AUTHORITY
 FINDS THAT THESE SUBORDINATES DESIGNATED FTM ARE MEMBERS OF THE
 UNIFORMED SERVICES AND, AS SUCH, ARE NOT "EMPLOYEES" WITHIN THE MEANING
 OF SECTION 7103(A)(2) OF THE STATUTE.  THEREFORE, IN VIEW OF THE REASONS
 SET FORTH IN THE TEXT ABOVE AT N. 6, THE AUTHORITY FINDS THE INCUMBENT
 IS NOT A SUPERVISOR, AND SHALL ORDER THAT JOB NO. R7135000,
 ADMINISTRATIVE SUPPLY TECHNICIAN, GS-7, COMPANY B OF THE 150TH AVIATION
 BATTALION, REMAIN INCLUDED IN THE ACT'S EXCLUSIVELY RECOGNIZED UNIT.
 
    THE NEXT TWO POSITIONS AT ISSUE ARE THOSE OF AST, GS-7, FOR COMPANIES
 A AND B OF THE 198TH SIGNAL BATTALION.  THE INCUMBENTS EACH HAVE ONE
 GS-5 (OR FTM EQUIVALENT) AST AND ONE CLERK-TYPIST AS SUBORDINATES.  THE
 INCUMBENTS EACH ASSIGN AND DIRECT THE WORK OF THEIR SUBORDINATES, DECIDE
 THE WORK LOAD DISTRIBUTION, TRAIN THEIR SUBORDINATES, AND MONITOR,
 INSPECT, AND APPROVE OR DISAPPROVE THEIR SUBORDINATES' WORK.  AS THE
 FOREGOING EXERCISE OF AUTHORITY REQUIRES THE CONSISTENT EXERCISE OF
 INDEPENDENT JUDGMENT, THE AUTHORITY FINDS THAT THE INCUMBENTS ARE
 SUPERVISORS WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE STATUTE.
 THEREFORE, THE AUTHORITY SHALL ORDER THAT JOB NO. R7135000,
 ADMINISTRATIVE SUPPLY TECHNICIAN, GS-7, COMPANY A OF THE 198TH SIGNAL
 BATTALION, AND JOB NO. R7135000, ADMINISTRATIVE SUPPLY TECHNICIAN, GS-7,
 COMPANY B OF THE 198TH SIGNAL BATTALION, BE EXCLUDED FROM THE ACT'S
 EXCLUSIVELY RECOGNIZED UNIT.
 
    THE PARTIES STIPULATED THAT THE AUTHORITY'S ELIGIBILITY
 DETERMINATIONS REGARDING THE POSITION ASSIGNED TO COMPANY B OF THE 150TH
 AVIATION BATTALION, THE POSITION ASSIGNED TO COMPANY A OF THE 198TH
 SIGNAL BATTALION, AND THE POSITION ASSIGNED TO COMPANY B OF THE 198TH
 SIGNAL BATTALION SHOULD APPLY TO THE REMAINING POSITIONS, ONE EACH
 ASSIGNED TO THE FOLLOWING ORGANIZATIONAL UNITS:  COMPANY C OF THE 198TH
 SIGNAL BATTALION, THE 280TH SIGNAL COMPANY, THE 251ST SIGNAL COMMAND,
 THE 945TH MAINTENANCE COMPANY, THE 2198TH MAINTENANCE COMPANY, AND THE
 262ND HEAVY EQUIPMENT AND MAINTENANCE COMPANY.  HOWEVER, IN VIEW OF THE
 AUTHORITY'S FOREGOING ELIGIBILITY DETERMINATIONS FINDING THAT THE
 POSITION ASSIGNED TO COMPANY B OF THE 150TH AVIATION BATTALION IS
 NON-SUPERVISORY BUT FINDING THAT THE POSITIONS AT ISSUE ASSIGNED TO
 COMPANIES A AND B OF THE 198TH SIGNAL BATTALION ARE SUPERVISORY, AND IN
 VIEW OF THE LACK OF INDEPENDENT RECORD EVIDENCE CONCERNING THE DUTIES
 AND RESPONSIBILITIES OF THE REMAINING DISPUTED POSITIONS, THE AUTHORITY
 WILL MAKE NO ELIGIBILITY FINDINGS AS TO JOB NO. R7135000, ADMINISTRATIVE
 SUPPLY TECHNICIAN, GS-7, LOCATED IN THE FOLLOWING ORGANIZATIONAL UNITS:
 COMPANY C OF THE 198TH SIGNAL BATTALION, THE 280TH SIGNAL COMPANY, THE
 251ST SIGNAL COMMAND, THE 945TH MAINTENANCE COMPANY, THE 2198TH
 MAINTENANCE COMPANY, AND THE 262ND HEAVY EQUIPMENT AND MAINTENANCE
 COMPANY.  /10/
 
    JOB NO. F7401000, MILITARY PERSONNEL MANAGEMENT SPECIALIST, GS-10,
 ADMINISTRATION, HEADQUARTERS
 
    THE AUTHORITY FINDS THE RECORD ESTABLISHES THAT THE INCUMBENT IS A
 SUPERVISOR AS DEFINED BY SECTION 7103(A)(10) OF THE STATUTE.  THUS, HE
 HIRED HIS SUBORDINATE (A MILITARY PERSONNEL CLERK (TYPING), GS-5),
 ASSIGNS WORK TO THE SUBORDINATE, SCHEDULES THE SUBORDINATE'S TIME,
 APPROVES THE SUBORDINATE'S ANNUAL AND SICK LEAVE, AND HAS APPROVED AT
 LEAST ONE MERIT STEP INCREASE IN PAY FOR THE SUBORDINATE.  AS THE
 FOREGOING EXERCISE OF AUTHORITY REQUIRES THE CONSISTENT EXERCISE OF
 INDEPENDENT JUDGMENT, THE AUTHORITY SHALL ORDER THAT JOB NO. F7401000,
 MILITARY PERSONNEL MANAGEMENT SPECIALIST, GS-10, ADMINISTRATION,
 HEADQUARTERS, BE EXCLUDED FROM THE ACT'S EXCLUSIVELY RECOGNIZED UNIT.
 /11/
 
    JOB NO. F6724100, BUDGET AND ACCOUNTING ANALYST, GS-9, RESOURCE
 MANAGEMENT SQUADRON
 
    THE AUTHORITY FINDS THAT THE INCUMBENT IS A SUPERVISOR WITHIN THE
 MEANING OF SECTION 7103(A)(10) OF THE STATUTE AS HE CONSISTENTLY USES
 INDEPENDENT JUDGMENT IN THE EXERCISE OF HIS AUTHORITY TO DIRECT AND
 REWARD HIS SUBORDINATE (AN ACCOUNTING TECHNICIAN, GS-6).  THEREFORE, THE
 AUTHORITY SHALL ORDER THAT JOB NO. F6724100, BUDGET AND ACCOUNTING
 ANALYST, GS-9, RESOURCE MANAGEMENT SQUADRON, BE EXCLUDED FROM THE ACT'S
 EXCLUSIVELY RECOGNIZED UNIT.
 
    JOB NO. F7155000, OFFICE SERVICES MANAGER, GS-9, BASE SERVICES OFFICE
 
    THE INCUMBENT WORKS WITH FOUR SUBORDINATES:  A MANAGEMENT ASSISTANT,
 GS-7;  A PUBLICATIONS TECHNICIAN, GS-6;  APPARENTLY A DOCUMENTATION
 CLERK, GS-5;  AND A TYPIST, GS-4.  THE AUTHORITY FINDS THE RECORD
 ESTABLISHES THAT THE INCUMBENT IS A SUPERVISOR AS DEFINED BY SECTION
 7103(A)(10) OF THE STATUTE.  THUS, HE ASSIGNS THE WORK OF HIS
 SUBORDINATES, APPROVES THEIR LEAVE, CERTIFIES THEIR TIME AND ATTENDANCE
 RECORDS, APPROVES THEIR MERIT STEP INCREASES IN PAY, AND HAS MADE AN
 EFFECTIVE RECOMMENDATION OF A QUALITY SALARY INCREASE FOR ONE OF HIS
 SUBORDINATES.  AS THE FOREGOING EXERCISE OF AUTHORITY REQUIRES THE
 CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT, THE AUTHORITY SHALL ORDER
 THAT JOB NO. 7155000, OFFICE SERVICES MANAGER, GS-9, BASE SERVICES
 OFFICE, BE EXCLUDED FROM THE ACT'S EXCLUSIVELY RECOGNIZED UNIT.
 
    JOB NO. F9019000, HEALTH TECHNICIAN, GS-9, BASE SERVICES OFFICE
 
    THE INCUMBENT HIRED A PREVIOUS SUBORDINATE AND HIS PRESENT
 SUBORDINATE (A HEALTH TECHNICIAN, GS-6).  HE HAS EFFECTIVELY RECOMMENDED
 A PROMOTION FROM GS-5 TO GS-6, AND ASSIGNS THE WORK OF HIS SUBORDINATE.
 THE AUTHORITY FINDS THAT THE INCUMBENT IS A SUPERVISOR WITHIN THE
 MEANING OF SECTION 7103(A)(10) OF THE STATUTE AS HE CONSISTENTLY USES
 INDEPENDENT JUDGMENT IN THE EXERCISE OF HIS AUTHORITY TO HIRE, ASSIGN,
 AND PROMOTE HIS SUBORDINATE.  ACCORDINGLY, THE AUTHORITY SHALL ORDER
 THAT JOB. NO. F9019000, HEALTH TECHNICIAN, GS-9, BASE SERVICES OFFICE,
 BE EXCLUDED FROM THE ACT'S EXCLUSIVELY RECOGNIZED UNIT.
 
    JOB NO. F7507100, TRAINING TECHNICIAN, GS-8, BASE SERVICES OFFICE
 
    THE AUTHORITY FINDS THAT THE INCUMBENT IS A SUPERVISOR WITHIN THE
 MEANING OF SECTION 7103(A)(10) OF THE STATUTE AS HE CONSISTENTLY USES
 INDEPENDENT JUDGMENT IN THE EXERCISE OF HIS AUTHORITY TO HIRE, ASSIGN,
 AND DISCIPLINE HIS SUBORDINATE (A TRAINING SPECIALIST, GS-6).
 ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT JOB NO. F7507100, TRAINING
 TECHNICIAN, GS-8, BASE SERVICES OFFICE, BE EXCLUDED FROM THE ACT'S
 EXCLUSIVELY RECOGNIZED UNIT.
 
    JOB NO. F6435000, SUPERVISORY SUPPLY TECHNICIAN, GS-8, STANDARD BASE
 SUPPLY SYSTEM
 
    THE INCUMBENT WORKS WITH TWO TECHNICIAN SUBORDINATES:  A SUPPLY
 TECHNICIAN, GS-7, AND A SUPPLY CLERK, GS-5.  ONE REMAINING AUTHORIZED
 GS-5 TECHNICIAN POSITION IS VACANT.  THE AUTHORITY FINDS THE RECORD
 ESTABLISHES THAT THE INCUMBENT IS A SUPERVISOR AS DEFINED BY SECTION
 7103(A)(10) OF THE STATUTE.  THUS, HE ASSIGNS AND INSPECTS THE WORK OF
 HIS SUBORDINATES, APPROVES THEIR ANNUAL AND SICK LEAVE, HIRED AND
 PROMOTED THE GS-7 SUPPLY TECHNICIAN, AND EFFECTIVELY RECOMMENDED A
 SPECIAL ACHIEVEMENT AWARD FOR THE GS-5 SUPPLY CLERK.  AS THE FOREGOING
 EXERCISE OF AUTHORITY REQUIRES THE CONSISTENT EXERCISE OF INDEPENDENT
 JUDGMENT, THE AUTHORITY SHALL ORDER THAT JOB NO. F6435000, SUPERVISORY
 SUPPLY TECHNICIAN, GS-8, STANDARD BASE SUPPLY SYSTEM, BE EXCLUDED FROM
 THE ACT'S EXCLUSIVELY RECOGNIZED UNIT.
 
    JOB NO. F6431000, SUPERVISORY INVENTORY MANAGEMENT SPECIALIST, GS-8,
 STANDARD BASE SUPPLY SYSTEM
 
    THE INCUMBENT WORKS WITH TWO TECHNICIAN SUBORDINATES:  AN INVENTORY
 MANAGEMENT SPECIALIST, GS-6, AND AN INVENTORY MANAGEMENT SPECIALIST,
 GS-4.  ONE REMAINING AUTHORIZED TECHNICIAN POSITION IS VACANT.  THE
 AUTHORITY FINDS THE RECORD ESTABLISHES THAT THE INCUMBENT IS A
 SUPERVISOR AS DEFINED BY SECTION 7103(A)(10) OF THE STATUTE.  THUS, HE
 HAS EXERCISED THE AUTHORITY TO HIRE SUBORDINATES A NUMBER OF TIMES, TO
 DISCIPLINE SUBORDINATES BY MEANS OF WRITTEN REPRIMANDS, TO APPROVE THEIR
 OVERTIME AND ANNUAL AND SICK LEAVE, TO ASSIGN THEIR WORK, AND IN THE
 PROCESS OF TRAINING A NEWLY HIRED SUBORDINATE, TO DIRECT HOW THE WORK IS
 TO BE ACCOMPLISHED.  AS THE FOREGOING EXERCISE OF AUTHORITY REQUIRES THE
 CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT, THE AUTHORITY SHALL ORDER
 THAT JOB NO. F6431000, SUPERVISORY INVENTORY MANAGEMENT SPECIALIST,
 GS-8, STANDARD BASE SUPPLY SYSTEM, BE EXCLUDED FROM THE ACT'S
 EXCLUSIVELY RECOGNIZED UNIT.
 
    JOB NO. F6422000, SUPERVISORY INVENTORY MANAGEMENT SPECIALIST, GS-9,
 STANDARD BASE SUPPLY SYSTEM
 
    THE INCUMBENT WORKS WITH FOUR TECHNICIAN SUBORDINATES:  ONE SUPPLY
 TECHNICIAN, GS-7, AND THREE SUPPLY TECHNICIANS, GS-6.  ONE REMAINING
 AUTHORIZED TECHNICIAN POSITION IS VACANT.  THE AUTHORITY FINDS THAT THE
 INCUMBENT IS A SUPERVISOR WITHIN THE MEANING OF SECTION 7103(A)(10) OF
 THE STATUTE AS HE CONSISTENTLY USES INDEPENDENT JUDGMENT IN THE EXERCISE
 OF HIS AUTHORITY TO HIRE AND ASSIGN HIS SUBORDINATES.  ACCORDINGLY, THE
 AUTHORITY SHALL ORDER THAT JOB NO.  F6422000, SUPERVISORY INVENTORY
 MANAGEMENT SPECIALIST, GS-9, STANDARD BASE SUPPLY SYSTEM, BE EXCLUDED
 FROM THE ACT'S EXCLUSIVELY RECOGNIZED UNIT.
 
                             SMALL SHOP CHIEFS
 
    JOB NO. F6417000, AIRCRAFT REFUELING VEHICLE OPERATOR, WG-8, STANDARD
 BASE SUPPLY SYSTEM
 
    THE AUTHORITY FINDS THAT THE INCUMBENT, WHO DOES NOT DIRECT OR ASSIGN
 HIS CO-WORKER AND IS ENGAGED IN ROUTINE WORK APPROXIMATELY 85% OF THE
 TIME, IS NOT A SUPERVISOR AS HE DOES NOT CONSISTENTLY USE INDEPENDENT
 JUDGMENT IN THE EXERCISE OF ANY OF THE SUPERVISORY AUTHORITIES
 ENUMERATED IN THE DEFINITION OF "SUPERVISOR" IN SECTION 7103(A)(10) OF
 THE STATUTE.  THEREFORE, THE AUTHORITY SHALL ORDER THAT JOB NO.
 F6417000, AIRCRAFT REFUELING VEHICLE OPERATOR, WG-8, STANDARD BASE
 SUPPLY SYSTEM, REMAIN INCLUDED IN THE ACT'S EXCLUSIVELY RECOGNIZED UNIT.
 
    JOB NO. F9214000, FABRIC WORKER, WG-11, AIR OPERATIONS
 
    THE INCUMBENT WORKS WITH TWO TECHNICIAN SUBORDINATES:  A PERMANENT
 FULL-TIME WG-9 AND A TEMPORARY WG-9.  THE AUTHORITY FINDS THAT THE
 INCUMBENT IS A SUPERVISOR WITHIN THE MEANING OF SECTION 7103(A)(10) OF
 THE STATUTE AS HE CONSISTENTLY USES INDEPENDENT JUDGMENT IN THE EXERCISE
 OF HIS AUTHORITY TO DIRECT, ASSIGN, AND REWARD HIS SUBORDINATES.
 ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT JOB NO. F9214000, FABRIC
 WORKER, WG-11, AIR OPERATIONS, BE EXCLUDED FROM THE ACT'S EXCLUSIVELY
 RECOGNIZED UNIT.
 
    JOB NO. F4492100, INSTRUMENT MECHANIC, WG-12, AVIONICS BRANCH
 
    THE AUTHORITY FINDS THAT THE INCUMBENT, WHO WORKS WITH ONE WG-11
 TECHNICIAN SUBORDINATE, IS A SUPERVISOR WITHIN THE MEANING OF SECTION
 7103(A)(10) OF THE STATUTE AS HE CONSISTENTLY USES INDEPENDENT JUDGMENT
 IN THE EXERCISE OF HIS AUTHORITY TO ASSIGN HIS SUBORDINATE.  THEREFORE,
 THE AUTHORITY SHALL ORDER THAT JOB NO. F4492100, INSTRUMENT MECHANIC,
 WG-12, AVIONICS BRANCH, BE EXCLUDED FROM THE ACT'S EXCLUSIVELY
 RECOGNIZED UNIT.
 
    JOB NO. F4541100, AIRCRAFT PNEUDRAULIC SYSTEMS MECHANIC, WG-11, FIELD
 MAINTENANCE BRANCH
 
    THE AUTHORITY FINDS THE RECORD ESTABLISHES THAT THE INCUMBENT IS A
 SUPERVISOR AS DEFINED BY SECTION 7103(A)(10) OF THE STATUTE.  THUS, HE
 IS ULTIMATELY RESPONSIBLE FOR AND EXERCISES HIS AUTHORITY TO ASSIGN THE
 IN-SHOP WORK OF HIS SUBORDINATE (A WG-10 TECHNICIAN), HAS EXERCISED THE
 AUTHORITY, INDEPENDENT OF HIS SUPERVISOR, TO APPROVE HIS SUBORDINATE'S
 COMPENSATORY TIME, AND IN THE PROCESS OF TRAINING HIS REGULAR
 SUBORDINATE AND A TEMPORARY TECHNICIAN, DIRECTS HOW THE WORK IS TO BE
 ACCOMPLISHED.  AS THE FOREGOING EXERCISE OF AUTHORITY REQUIRES THE
 CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT, THE AUTHORITY SHALL ORDER
 THAT JOB NO. F4541100, AIRCRAFT PNEUDRAULIC SYSTEMS MECHANIC, WG-11,
 FIELD MAINTENANCE BRANCH, BE EXCLUDED FROM THE ACT'S EXCLUSIVELY
 RECOGNIZED UNIT.
 
    JOB NO. F4535100, PNEUDRAULIC SYSTEMS MECHANIC, WG-11, FIELD
 MAINTENANCE BRANCH
 
    THE AUTHORITY FINDS THAT THE INCUMBENT, WHO WORKS WITH ONE WG-10
 TECHNICIAN SUBORDINATE, IS A SUPERVISOR WITHIN THE MEANING OF SECTION
 7103(A)(10) OF THE STATUTE AS HE CONSISTENTLY USES INDEPENDENT JUDGMENT
 IN THE EXERCISE OF HIS AUTHORITY TO ASSIGN HIS SUBORDINATE.  THEREFORE,
 THE AUTHORITY SHALL ORDER THAT JOB NO. F4535100, PNEUDRAULIC SYSTEMS
 MECHANIC, WG-11, FIELD MAINTENANCE BRANCH, BE EXCLUDED FROM THE ACT'S
 EXCLUSIVELY RECOGNIZED UNIT.
 
    JOB NO. F4548100, PNEUDRAULIC SYSTEMS MECHANIC, WG-10, FIELD
 MAINTENANCE BRANCH
 
    THE INCUMBENT IS LOCATED IN THE ENVIRONMENTAL SHOP OF THE AEROSPACE
 SYSTEMS SECTION, FIELD MAINTENANCE BRANCH.  HIS IMMEDIATE SUPERVISOR IS
 THE AEROSPACE SYSTEMS FOREMAN, A WS-10.  THE RECORD REVEALS THAT DURING
 THE APPROXIMATELY FOUR MONTHS PRECEDING AND INCLUDING THE DATE OF THE
 HEARING IN THIS MATTER, THE INCUMBENT HAS HAD NO CIVILIAN TECHNICIAN
 SUBORDINATE.  ALTHOUGH THE ACTIVITY ASSERTS THAT THE POSITION IS
 SUPERVISORY, AND THAT IT PLANS TO FILL THE SUBORDINATE VACANCY, THE
 AUTHORITY FINDS THAT IT WOULD NOT EFFECTUATE THE PURPOSES AND POLICIES
 OF THE STATUTE TO CLARIFY ACT'S EXCLUSIVELY RECOGNIZED UNIT AS TO THE
 POSITION AT ISSUE MERELY ON THE BASIS OF SPECULATION THAT THE ACTIVITY
 WILL IN FACT FILL THE POSITION'S SUBORDINATE VACANCY.  ACCORDINGLY, THE
 AUTHORITY SHALL ORDER THAT JOB NO. F4548100, PNEUDRAULIC SYSTEMS
 MECHANIC, WG-10, FIELD MAINTENANCE BRANCH, REMAIN INCLUDED IN THE ACT'S
 EXCLUSIVELY RECOGNIZED UNIT.  CF. THE ADJUTANT GENERAL, STATE OF
 VERMONT, VERMONT AIR NATIONAL GUARD, 5 FLRA NO. 104(1980),
 (NONDESTRUCTIVE TESTER, WG-5439-11, INCLUDED IN UNIT AS NO PLANS TO FILL
 SUBORDINATE VACANCY).
 
    JOB NO. F5316000, SUPERVISORY QUALITY INSPECTION SPECIALIST, GS-9,
 FIELD MAINTENANCE BRANCH
 
    THE AUTHORITY FINDS THAT THE INCUMBENT, WHO WORKS WITH ONE GS-8
 TECHNICIAN SUBORDINATE, IS A SUPERVISOR WITHIN THE MEANING OF SECTION
 7103(A)(10) OF THE STATUTE AS HE CONSISTENTLY USES INDEPENDENT JUDGMENT
 IN THE EXERCISE OF HIS AUTHORITY TO ASSIGN OVERTIME AND IN-SHOP BACKLOG
 WORK TO HIS SUBORDINATE.  ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT
 JOB NO.  F5316000, SUPERVISORY QUALITY INSPECTION SPECIALIST, GS-9,
 FIELD MAINTENANCE BRANCH, BE EXCLUDED FROM THE ACT'S EXCLUSIVELY
 RECOGNIZED UNIT.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED HEREIN FOR
 WHICH THE ASSOCIATION OF CIVILIAN TECHNICIANS, INC., DELAWARE CHAPTER,
 WAS RECOGNIZED AS THE EXCLUSIVE REPRESENTATIVE ON MAY 22, 1969, BE, AND
 IT HEREBY IS, CLARIFIED BY EXCLUDING FROM SAID UNIT THE FOLLOWING
 POSITIONS:  COMMAND ADMINISTRATIVE SPECIALIST, JOB NO. R7116000, GS-8,
 COMMAND AND CONTROL HEADQUARTERS;  COMMAND ADMINISTRATIVE SPECIALIST,
 JOB NO. R7116000, GS-7, 736TH SUPPLY AND SERVICE BATTALION;
 ADMINISTRATIVE SUPPLY TECHNICIAN, JOB NO. 7135000, GS-7, COMPANY A OF
 THE 198TH SIGNAL BATTALION;  ADMINISTRATIVE SUPPLY TECHNICIAN, JOB NO.
 7136000, GS-7, COMPANY B OF THE 198TH SIGNAL BATTALION;  MILITARY
 PERSONNEL MANAGEMENT SPECIALIST, JOB NO. F7401000, GS-10,
 ADMINISTRATION, HEADQUARTERS;  BUDGET AND ACCOUNTING ANALYST, JOB NO.
 F6724100, GS-9, RESOURCE MANAGEMENT SQUADRON;  OFFICE SERVICES MANAGER,
 JOB NO. F7155000, GS-9, BASE SERVICES OFFICE;  HEALTH TECHNICIAN, JOB
 NO. F9019000, GS-9, BASE SERVICES OFFICE;  TRAINING TECHNICIAN, JOB NO.
 F7507100, GS-8, BASE SERVICES OFFICE;  SUPERVISORY SUPPLY TECHNICIAN,
 JOB NO. F6435000, GS-8, STANDARD BASE SUPPLY SYSTEM;  SUPERVISORY
 INVENTORY MANAGEMENT SPECIALIST, JOB NO.  F6431000, GS-8, STANDARD BASE
 SUPPLY SYSTEM;  SUPERVISORY INVENTORY MANAGEMENT SPECIALIST, JOB NO.
 F6422000, GS-9, STANDARD BASE SUPPLY SYSTEM;  FABRIC WORKER, JOB NO.
 F9214000, WG-11, AIR OPERATIONS;  INSTRUMENT MECHANIC, JOB NO. F4492100,
 WG-12, AVIONICS, BRANCH, AIRCRAFT PNEUDRAULIC SYSTEMS MECHANIC, JOB NO.
 F4541100, WG-11, FIELD MAINTENANCE BRANCH;  PNEUDRAULIC SYSTEMS
 MECHANIC, JOB NO. F4535100, WG-11, FIELD MAINTENANCE BRANCH;  AND
 SUPERVISORY QUALITY INSPECTION SPECIALIST, JOB NO. F5316000, GS-9, FIELD
 MAINTENANCE BRANCH.  THE UNIT IS FURTHER CLARIFIED BY INCLUDING IN SAID
 UNIT THE FOLLOWING POSITIONS:  FLIGHT INSTRUCTOR, JOB NO. F1430000,
 GS-13, AIR OPERATIONS (THREE INCUMBENTS);  OPERATIONS AND TRAINING
 SPECIALIST, JOB NO. R0255000, GS-9, 198TH SIGNAL BATTALION;  COMMAND
 ADMINISTRATIVE SPECIALIST, JOB NO. R7116000, GS-7, 198TH SIGNAL
 BATTALION;  ADMINISTRATIVE SUPPLY TECHNICIAN, JOB NO. R7135000, GS-7,
 COMPANY B OF THE 150TH AVIATION BATTALION;  AIRCRAFT REFUELING VEHICLE
 OPERATOR, JOB NO. F6417000, WG-8, STANDARD BASE SUPPLY SYSTEM;  AND
 PNEUDRAULIC SYSTEMS MECHANIC, JOB NO. F4548100, WG-10, FIELD MAINTENANCE
 BRANCH.
 
    IT IS HEREBY ORDERED THAT THE PETITION IN CASE NO. 2-CU-4, BE, AND IT
 HEREBY IS, DISMISSED TO THE EXTENT THAT IT SEEKS TO CLARIFY THE UNIT
 ELIGIBILITY OF THE FOLLOWING POSITIONS:  OPERATIONS AND TRAINING
 SPECIALIST, JOB NO. R0255000, GS-9, (CHIDESTER);  COMMAND ADMINISTRATIVE
 SPECIALIST, JOB NO. R7116000, GS-7, (GEORGE T. MESSICK);  ADMINISTRATIVE
 SUPPLY TECHNICIAN, JOB NO. R7135000, GS-7, (PATRIC A. RACZ);  SECURITY
 OFFICER, JOB NO. F8143100, GS-9, BASE SERVICES OFFICE;  AIRCRAFT
 ELECTRICIAN, JOB NO. F4538100, WG-11, FIELD MAINTENANCE BRANCH;  COMMAND
 ADMINISTRATIVE SPECIALIST, JOB NO. R7116000, GS-7, 116TH SUPPORT
 HOSPITAL;  ADMINISTRATIVE SUPPLY TECHNICIAN, JOB NO. 7135000, GS-7,
 COMPANY C OF TH3 198TH SIGNAL BATTALION;  ADMINISTRATIVE SUPPLY
 TECHNICIAN, JOB NO. 7135000, GS-7, 280TH SIGNAL COMPANY;  ADMINISTRATIVE
 SUPPLY TECHNICIAN, JOB NO.  7135000, GS-7, 251ST SIGNAL COMMAND;
 ADMINISTRATIVE SUPPLY TECHNICIAN, JOB NO. 7135000, GS-7, 945TH
 MAINTENANCE COMPANY;  ADMINISTRATIVE SUPPLY TECHNICIAN, JOB NO. 7135000,
 GS-7, 2198TH MAINTENANCE COMPANY;  AND ADMINISTRATIVE SUPPLY TECHNICIAN,
 JOB NO. 7135000, GS-7, 262ND HEAVY EQUIPMENT AND MAINTENANCE COMPANY.
 
    ISSUED, WASHINGTON, D.C., JUNE 1, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ AT THE HEARING, THE ACTIVITY WITHDREW FROM ITS PETITION THE
 QUESTION OF ELIGIBILITY AS TO CERTAIN EMPLOYEES CLASSIFIED IN JOB NO.
 F4532000, AIRCRAFT MECHANIC, AND JOB NO. R7116000, COMMAND
 ADMINISTRATIVE SPECIALIST.  IN ADDITION, THE PARTIES STIPULATED THAT
 CERTAIN EMPLOYEES CLASSIFIED IN JOB NO. R6319000, GENERAL MECHANIC
 LEADER, AND JOB NO. R7302000, ACCOUNTING TECHNICIAN, SHOULD BE INCLUDED
 IN THE BARGAINING UNIT, AND THAT CERTAIN OTHER EMPLOYEES CLASSIFIED IN
 JOB NO. R0290000, RECRUITING AND RETENTION MANAGER;  JOB NO. R7164000,
 ENLISTED MILITARY PERSONNEL MANAGER;  JOB NO. R0258000, OPERATIONS AND
 TRAINING SPECIALIST;  AND JOB NO.  R7163000, SENIOR COMMAND
 ADMINISTRATIVE SPECIALIST, ARE SUPERVISORS, AND SHOULD BE EXCLUDED FROM
 THE BARGAINING UNIT.  IN THE CONTEXT OF A UNIT CLARIFICATION PETITION,
 SUCH STIPULATIONS ARE VIEWED AS "MOTIONS TO AMEND" THE PETITION IN ORDER
 TO DELETE AND, IN EFFECT, WITHDRAW THE PETITION AS TO THE STIPULATED JOB
 CLASSIFICATIONS.  UNDER THESE CIRCUMSTANCES, THE "MOTIONS TO AMEND" ARE
 HEREBY GRANTED, AND THE AUTHORITY THEREFORE FINDS IT UNNECESSARY TO
 CLARIFY THE STATUS OF THE EMPLOYEES IN THE STIPULATED JOB
 CLASSIFICATIONS.
 
    REGARDING JOB NO. R0255000, OPERATIONS AND TRAINING SPECIALIST, GS-9,
 THE ACTIVITY/PETITIONER REFERS IN ITS BRIEF TO THE AUTHORITY TO A
 STIPULATION BY THE PARTIES REQUESTING THE AUTHORITY'S ELIGIBILITY
 DETERMINATION WITH RESPECT TO THE INCUMBENT IN THE 198TH SIGNAL
 BATTALION BE APPLIED TO AN INCUMBENT IDENTIFIED ONLY AS "CHIDESTER."
 SUCH A STIPULATION DOES NOT APPEAR IN THE RECORD.  IN VIEW OF THE LACK
 OF RECORD EVIDENCE OF AGREEMENT BY THE PARTIES TO SUCH A STIPULATION OR
 OF THE DUTIES AND RESPONSIBILITIES OF THE DISPUTED POSITION, THE
 AUTHORITY WILL MAKE NO ELIGIBILITY FINDING CONCERNING THE POSITION
 OCCUPIED BY EMPLOYEE "CHIDESTER." SEE UNITED STATES DEPARTMENT OF THE
 NAVY, U.S. NAVAL STATION, PANAMA, 7 FLRA NO. 74(1981) AT N. 6.
 
    /2/ JOB NO. R7116000, COMMAND ADMINISTRATIVE SPECIALIST, GS-7,
 (GEORGE T. MESSICK), AND JOB NO. R7135000, ADMINISTRATIVE SUPPLY
 TECHNICIAN, GS-7, (PATRICK A RACZ) ARE NOT SUFFICIENTLY IDENTIFIED BY
 THE PETITIONER.  ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT THE SUBJECT
 PETITION BE DISMISSED TO THE EXTENT IT SEEKS TO CLARIFY ACT'S
 EXCLUSIVELY RECOGNIZED UNIT AS TO THE POSITIONS IDENTIFIED ONLY AS JOB
 NO. R7116000, COMMAND ADMINISTRATIVE SPECIALIST, GS-7, (GEORGE T.
 MESSICK), AND JOB NO. R7135000, ADMINISTRATIVE SUPPLY TECHNICIAN, GS-7,
 (PATRICK A. RACZ).
 
    THE RECORD REVEALS THAT TWO OF THE POSITIONS IN DISPUTE WERE VACANT
 AT THE TIME OF THE HEARING IN THIS MATTER:  JOB NO. F8143100, SECURITY
 OFFICER, GS-9, BASE SERVICES OFFICE, AND JOB NO. F4538100, AIRCRAFT
 ELECTRICIAN, WG-11, FIELD MAINTENANCE BRANCH.  THE AUTHORITY WILL NOT
 MAKE ELIGIBILITY DETERMINATIONS FOR VACANT POSITIONS.  DEPARTMENT OF THE
 TREASURY, BUREAU OF THE MINT, U.S. MINT, DENVER, COLORADO, 6 FLRA NO.
 17(1981).  ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT THE SUBJECT
 PETITION BE DISMISSED TO THE EXTENT THAT IT SEEKS TO CLARIFY THE UNIT
 ELIGIBILITY OF THE TWO VACANT POSITIONS HEREIN.
 
    /3/ 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(.)
 
    /4/ ALTHOUGH ONE OF THE INCUMBENTS HAS BEEN DESIGNATED BY THE AIR
 OPERATIONS OFFICER TO ACT AS HIS DEPUTY IN THE LATTER'S ABSENCE, NO
 EVIDENCE WAS PRESENTED NOR IS A CONTENTION MADE THAT THE INCUMBENT IS A
 SUPERVISOR.
 
    /5/ IN PERTINENT PART, SECTION 7103(A)(10) OF THE STATUTE DEFINES
 "SUPERVISOR" AS:
 
    . . . 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(.)
 
    /6/ SECTION 7103(A)(2) PROVIDES, IN PERTINENT PART:
 
    (A) FOR THE PURPOSE OF THIS CHAPTER --
 
   *          *          *          *
 
 
    (2) 'EMPLOYEE' MEANS AN INDIVIDUAL --
 
    (A) EMPLOYED IN AN AGENCY;  . . .
 
   *          *          *          *
 
 
    BUT DOES NOT INCLUDE --
 
   *          *          *          *
 
 
    (II) A MEMBER OF THE UNIFORMED SERVICES(.)
 
    /7/ SEE NORTH CAROLINA AIR NATIONAL GUARD, CHARLOTTE, NORTH CAROLINA,
 4 FLRA NO. 44(1980), WHICH AROSE UNDER THE PROVISIONS OF EXECUTIVE ORDER
 11491, AS AMENDED, BUT WHICH DISCUSSED THE APPLICATION OF THE PROVISIONS
 OF THE STATUTE TO THE QUESTION OF SUPERVISORY STATUS OF THOSE WHO
 EXERCISED SUPERVISORY AUTHORITY OVER MEMBERS OF THE UNIFORMED SERVICES.
 
    /8/ ALTHOUGH THE RECORD INDICATES THAT IN ONE INSTANCE, THE INCUMBENT
 EFFECTIVELY RECOMMENDED TO HIS SUPERVISOR THAT TWO INDIVIDUALS RECEIVE
 STEP INCREASES, THE AUTHORITY FINDS THAT THIS SINGLE INSTANCE OF AN
 EFFECTIVE RECOMMENDATION REGARDING TWO STEP INCREASES DOES NOT ESTABLISH
 A CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT WITH RESPECT TO THE
 PERFORMANCE OF SUPERVISORY DUTIES.  SEE ARMY AND AIR FORCE EXCHANGE
 SERVICE, BASE EXCHANGE, FORT CARSON, FORT CARSON, COLORADO, 3 FLRA
 595(1980).
 
    /9/ SEE N. 1, SUPRA.
 
    /10/ ID.
 
    /11/ IN VIEW OF THE ABOVE FINDING ON SUPERVISORY STATUS, IT WAS
 CONSIDERED UNNECESSARY TO PASS UPON THE ACTIVITY'S ASSERTIONS THAT THE
 INCUMBENT SHOULD ALSO BE EXCLUDED FROM THE UNIT ON THE BASIS THAT HE IS
 A MANAGEMENT OFFICIAL OR THAT HE IS ENGAGED IN FEDERAL PERSONNEL WORK IN
 OTHER THAN A PURELY CLERICAL CAPACITY.