09:0025(4)CU - Army Natick Research and Development Laboratories and NAGE Local R1-34 -- 1982 FLRAdec RP

 9 FLRA No. 4
 
 U.S. ARMY NATICK
 RESEARCH AND DEVELOPMENT
 LABORATORIES /1/
 Activity/Petitioner
 
 and
 
 NATIONAL ASSOCIATION
 OF GOVERNMENT EMPLOYEES
 LOCAL R1-34
 Labor Organization
 
                                            Case No. 1-CU-29
 
                    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 CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
 PARTIES' CONTENTIONS, THE AUTHORITY FINDS:  THE NATIONAL ASSOCIATION OF
 GOVERNMENT EMPLOYEES, LOCAL R1-34 (NAGE) WAS RECOGNIZED BY THE ACTIVITY
 ON MARCH 24, 1965, AS THE EXCLUSIVE BARGAINING REPRESENTATIVE FOR A UNIT
 OF ALL EMPLOYEES OF THE U.S. ARMY NATICK RESEARCH AND DEVELOPMENT
 COMMAND AT NATICK, MASSACHUSETTS, SUDBURY, MASSACHUSETTS AND WATERTOWN,
 MASSACHUSETTS.  ESSENTIALLY, THE ACTIVITY'S PETITION SEEKS TO EXCLUDE
 FROM THE RECOGNIZED UNIT THE INCUMBENTS IN VARIOUS JOB CLASSIFICATIONS
 BASED ON THE ALLEGATION THAT THEY ARE SUPERVISORS, MANAGEMENT OFFICIALS
 OR BOTH.  /2/
 
    SUPERVISORS /3/
 
    THE ACTIVITY CONTENDS THAT THE EMPLOYEES IN THE JOB CLASSIFICATIONS
 LISTED IN THE APPENDIX ARE SUPERVISORS AND SHOULD BE EXCLUDED FROM THE
 UNIT.  OF THESE, THE RECORD ESTABLISHES THAT THE FOOD TECHNOLOGIST,
 GS-1382-13, JN 1264, ASSIGNS WORK, ADJUSTS GRIEVANCES AND HAS
 EFFECTIVELY RECOMMENDED HIRING OF SUBORDINATES;  THAT THE FOOD
 TECHNOLOGIST, GS-1382-13, JN 1879, EFFECTIVELY RECOMMENDED HIRING OF AND
 PROMOTIONS AND AWARDS FOR SUBORDINATES AND ADJUSTS GRIEVANCES;  THAT THE
 OPERATIONS RESEARCH ANALYST, GS-1515-13, JN 2238, AND THE OPERATIONS
 RESEARCH ANALYST, GS-1515-13, JN 2239, ASSIGN WORK AND HAVE EFFECTIVELY
 RECOMMENDED HIRING OF AND PROMOTIONS FOR SUBORDINATES;  THAT THE
 RESEARCH PSYCHOLOGIST, GS-180-13, JN 2559, HAS EFFECTIVELY RECOMMENDED
 HIRING OF AND REMOVAL OF SUBORDINATES;  AND THAT THE PATENT ATTORNEY,
 GS-1222-14, JN 611, ASSIGNS WORK AND HAS EFFECTIVELY RECOMMENDED HIRING
 OF AND AWARDS FOR SUBORDINATES.  FURTHER, THE AUTHORITY FINDS THAT THE
 ABOVE DUTIES ARE NOT MERELY ROUTINE OR CLERICAL IN NATURE, BUT REQUIRE
 THE CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT.  ACCORDINGLY, THESE
 INCUMBENTS ARE SUPERVISORS WITHIN THE MEANING OF SECTION 7103(A)(10) OF
 THE STATUTE.  THEREFORE, THE AUTHORITY SHALL ORDER THAT THEY BE EXCLUDED
 FROM THE UNIT.  /4/
 
    THE AUTHORITY FURTHER FINDS THAT THE INCUMBENTS IN THE REMAINING JOB
 CLASSIFICATIONS LISTED IN THE APPENDIX ARE NOT SUPERVISORS WITHIN THE
 MEANING OF SECTION 7103(A)(10) OF THE STATUTE.  THUS, THE RECORD
 ESTABLISHES THAT ALTHOUGH THESE INCUMBENTS MAY HAVE SOME RESPONSIBILITY
 FOR ASSIGNING WORK TO CERTAIN EMPLOYEES AND DIRECTING THEM IN THE
 PERFORMANCE OF THAT WORK, SUCH FUNCTIONS ARE ROUTINE IN NATURE AND DO
 NOT REQUIRE THE CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT.  NOR DO THE
 INCUMBENTS IN THESE POSITIONS EXERCISE ANY OF THE OTHER STATUTORY
 INDICIA OF SUPERVISORY AUTHORITY.  ACCORDINGLY, THE AUTHORITY SHALL
 ORDER THAT THEY REMAIN IN THE BARGAINING UNIT.
 
    MANAGEMENT OFFICIALS /5/
 
    THE ACTIVITY CONTENDS THAT THE EMPLOYEES IN THE FOLLOWING JOB
 CLASSIFICATIONS ARE MANAGEMENT OFFICIALS AND SHOULD BE EXCLUDED FROM THE
 UNIT:  AEROSPACE ENGINEER, GS-861-13, JN 193;  MECHANICAL ENGINEER,
 GS-830-13, JN 1378;  FOOD TECHNOLOGIST, GS-1382-13, JN 8936;  AEROSPACE
 ENGINEER, GS-831-13, JN 147;  MECHANICAL ENGINEER, GS-830-13, JN 1409;
 MECHANICAL ENGINEER, GS-830-13, JN 1410;  GENERAL ENGINEER, GS-801-13,
 JN 2297;  HEALTH PHYSICIST, GS-1306-13, JN 2561;  GENERAL ATTORNEY,
 GS-905-13, JN 2744;  AND MECHANICAL ENGINEER, GS-830-13, JN 2526.
 
    IN THE LEAD CASE OF DEPARTMENT OF THE NAVY, AUTOMATIC DATA PROCESSING
 SELECTION OFFICE, 7 FLRA NO. 24(1981), THE AUTHORITY INTERPRETED THE
 STATUTORY DEFINITION OF "MANAGEMENT OFFICIAL" 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.  APPLYING THESE
 CRITERIA TO THE INSTANT CASE, THE AUTHORITY FINDS THAT THE INCUMBENTS IN
 THE JOB CLASSIFICATIONS OF HEALTH PHYSICIST, GS-1306-13, JN 2561 AND
 GENERAL ATTORNEY, GS-905-13, JN 2744 ARE MANAGEMENT OFFICIALS AND SHALL
 ORDER THEIR EXCLUSION FROM THE BARGAINING UNIT.  THUS, THE RECORD
 ESTABLISHES THAT EACH OF THEM IS RESPONSIBLE FOR THE DRAFTING AND
 ESTABLISHMENT OF ACTIVITY WIDE REGULATIONS WHICH DETERMINE GENERAL
 PRINCIPLES, PLANS OR COURSES OF ACTIONS FOR THE ACTIVITY.  IT FOLLOWS
 THAT THEIR RESPONSIBILITIES REQUIRE AND AUTHORIZE THEM TO FORMULATE,
 DETERMINE, OR INFLUENCE THE POLICIES OF THE ACTIVITY WITHIN THE MEANING
 OF SECTION 7103(A)(11) OF THE STATUTE.
 
    WITH RESPECT TO THE OTHER ALLEGED MANAGEMENT OFFICIALS, THE AUTHORITY
 FINDS THAT THEY ARE PROFESSIONALS WHOSE ACTIONS ASSIST IN IMPLEMENTING,
 AS OPPOSED TO SHAPING, THE ACTIVITY'S POLICIES.  THUS, THE RECORD IS
 CLEAR THAT THESE INCUMBENTS ARE NOT MANAGEMENT OFFICIALS IN THAT THEY 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.  ACCORDINGLY,
 THE AUTHORITY SHALL ORDER THAT THESE INCUMBENTS REMAIN IN THE BARGAINING
 UNIT.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED HEREIN BE,
 AND IT HEREBY IS, CLARIFIED BY EXCLUDING FROM SAID UNIT THE FOLLOWING
 POSITIONS:  FOOD TECHNOLOGIST, GS-1382-13, JN 1264;  FOOD TECHNOLOGIST,
 GS-1382-13, JN 1879;  OPERATIONS RESEARCH ANALYST, GS-1515-13, JN 2238;
 OPERATIONS RESEARCH ANALYST, GS-1515-13, JN 2239;  RESEARCH
 PSYCHOLOGIST, GS-180-13, JN 2259;  PATENT ATTORNEY, GS-1222-14, JN 611;
 HEALTH PHYSICIST, GS-1306-13, JN 2561;  AND GENERAL ATTORNEY, GS-905-13,
 JN 2744.
 
    IT IS FURTHER ORDERED THAT, WITH REGARD TO ALL OTHER JOB
 CLASSIFICATIONS SOUGHT TO BE EXCLUDED HEREIN, THE PETITION BE, AND IT
 HEREBY IS, DISMISSED.
 
    ISSUED, WASHINGTON, D.C., JUNE 1, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
                                 APPENDIX
 
                  ALLEGED SUPERVISORY JOB CLASSIFICATIONS
 
    RESEARCH PSYCHOLOGIST, GS-180-13, JN 2180;  RESEARCH CHEMIST,
 GS-1320-13, JN 2454;  RESEARCH CHEMIST, GS-1320, JNA-2262;  RESEARCH
 CHEMIST, GS-1320-14, JN 176;  FOOD TECHNOLOGIST, GS-1382-14, JNB-1208;
 RESEARCH CHEMIST, GS-1320-13, JN 2714;  RESEARCH PSYCHOLOGIST,
 GS-180-13, JN 1345;  RESEARCH MICROBIOLOGIST, GS-403-14, JN 1749;
 RESEARCH PSYCHOLOGIST, GS-180-14, JN 1609;  RESEARCH CHEMIST,
 GS-1320-14, JN 1741;  RESEARCH MICROBIOLOGIST, GS-403-14, JN 9000;
 RESEARCH CHEMIST, GS-1320-13, JNA-1754;  FOOD TECHNOLOGIST, GS-1382-13,
 JNA 2207;  FOOD TECHNOLOGIST, GS-1382-14, JN 1260;  CLOTHING DESIGNER,
 GS-062-13, JN 2595;  OPERATIONS RESEARCH ANALYST, GS-1515-13, JN 2806;
 RESEARCH MICROBIOLOGIST, GS-1403-14, JN 609;  MECHANICAL ENGINEER,
 GS-830-13, JN 1357;  FOOD TECHNOLOGIST, GS-1382-13, JN 1259;  FOOD
 TECHNOLOGIST, GS-1382-13, JN 2703;  MECHANICAL ENGINEER, GS-830-13, JN
 2526;  FOOD TECHNOLOGIST, GS-1382-13, JN 1264;  FOOD TECHNOLOGIST,
 GS-1382-13, JN 1879;  OPERATIONS RESEARCH ANALYST, GS-1515-13, JN 2238;
 OPERATIONS RESEARCH ANALYST, GS-1515-13, JN 2239;  RESEARCH
 PSYCHOLOGIST, GS-180-13, JN 2259;  AND PATENT ATTORNEY, GS-1222-14, JN
 611.
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ THE NAME OF THE ACTIVITY APPEARS AS AMENDED AT THE HEARING.
 
    /2/ AT THE HEARING, THE PARTIES ENTERED INTO THE FOLLOWING
 STIPULATIONS WHICH WILL BE DEEMED MOTIONS TO AMEND THE PETITION AND ARE
 HEREBY GRANTED:  (A) A. KAPLAN, GS-15, RESEARCH PHYSICIST AND BIOLOGICAL
 CHEMIST, FSL;  H. KEAN, GS-13, PUBLIC INFORMATION OFFICER, OFC CDR;  AND
 C. MERRITT, GS-15, RESEARCH CHEMIST, FSL ARE SUPERVISORS AND SHOULD BE
 EXCLUDED FROM THE BARGAINING UNIT.  (B) G. HERTWECK, GS-14, PHYSICAL
 SCIENCE ADMINISTRATOR, OFC CDR IS A MANAGEMENT OFFICIAL AND SHOULD BE
 EXCLUDED FROM THE BARGAINING UNIT.  (C) P. ANGELINI, GS-13, RESEARCH
 CHEMIST, FSL;  D. BALL, GS-14, RESEARCH CHEMIST, FSL;  AND A. MADROUK,
 GS-14, RESEARCH CHEMIST ARE NOT SUPERVISORS AND SHOULD BE INCLUDED IN
 THE BARGAINING UNIT.  (D) A. CASEY, GS-13, TEXTILE TECHNOLOGIST SHOULD
 ALSO BE EXCLUDED FROM THE BARGAINING UNIT.  (E) THE POSITION OF GS-15,
 FOOD TECHNOLOGIST HELD BY E. WIETBICKI WAS ABOLISHED AND WILL NOT BE
 REESTABLISHED.
 
    FURTHER, THE RECORD REVEALS THAT TWO OF THE POSITIONS IN DISPUTE WERE
 VACANT AT THE TIME OF THE HEARING:  AEROSPACE ENGINEER, GS-861-13, JN
 1398 AND RESEARCH CHEMIST GS-1320-13, JN 2718.  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 PETITION BE
 DISMISSED TO THE EXTENT THAT IT SEEKS TO CLARIFY THE UNIT ELIGIBILITY OF
 THESE POSITIONS.
 
    /3/ SECTION 7103(A)(10) OF THE STATUTE DEFINES A "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 . . . .
 
    /4/ IT IS THEREFORE UNNECESSARY TO PASS UPON THE ACTIVITY'S ASSERTION
 THAT THE PATENT ATTORNEY, GS-1222-14, JN 611, SHOULD ALSO BE EXCLUDED
 FROM THE UNIT ON THE BASIS THAT HE IS A MANAGEMENT OFFICIAL.
 
    /5/ SECTION 7103(A)(11) OF THE STATUTE DEFINES A "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 . . . .