09:0030(5)CU - Navy, Naval Underwater Systems Center, Newport, RI and Federal Union of Scientists and Engineers, NAGE Local R1-144 -- 1982 FLRAdec RP

 9 FLRA No. 5
 
 DEPARTMENT OF THE NAVY
 NAVAL UNDERWATER SYSTEMS CENTER
 NEWPORT, RHODE ISLAND
 Activity/Joint Petitioner
 
 and
 
 FEDERAL UNION OF SCIENTISTS AND ENGINEERS
 NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES,
 LOCAL R1-144
 Labor Organization/Joint Petitioner
 
                                            Case No. 1-CU-19
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    UPON A PETITION DULY FILED WITH 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 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 FEDERAL UNION OF
 SCIENTISTS AND ENGINEERS, NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES,
 LOCAL R1-144 (NAGE) WAS CERTIFIED ON MAY 21, 1976 AS THE EXCLUSIVE
 BARGAINING REPRESENTATIVE FOR A UNIT OF ALL PROFESSIONAL NON-SUPERVISORY
 EMPLOYEES AT THE U.S. DEPARTMENT OF NAVY, NAVAL UNDERWATER SYSTEMS
 CENTER, NEWPORT LABORATORY, NEWPORT, RHODE ISLAND.  ESSENTIALLY, THE
 PETITION SEEKS TO CLARIFY THE BARGAINING UNIT STATUS OF NUMEROUS
 INCUMBENTS IN VARIOUS JOB CLASSIFICATIONS BASED ON THE ACTIVITY'S
 CONTENTIONS THAT THEY ARE SUPERVISORS, MANAGEMENT OFFICIALS OR BOTH.
 /1/
 
    SUPERVISORS /2/
 
    THE ACTIVITY CONTENDS THAT THE EMPLOYEES IN THE FOLLOWING JOB
 CLASSIFICATIONS LISTED IN APPENDIX A ARE SUPERVISORS AND SHOULD BE
 EXCLUDED FROM THE RECOGNIZED BARGAINING UNIT.  OF THESE, THE AUTHORITY
 FINDS THAT THE INCUMBENTS IN THE FOLLOWING JOB CLASSIFICATIONS ARE
 SUPERVISORS WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE STATUTE:
 HAROLD HULTGREN, SUPERVISORY MECHANICAL ENGINEER, GS-830-13;  KENNETH
 WALSH, ELECTRONICS ENGINEER, GS-855-13;  AND ERNEST OLIVIER, SUPERVISORY
 ELECTRONICS ENGINEER, GS-855-13.  THUS, THE RECORD ESTABLISHES THAT
 HULTGREN ASSIGNS WORK TO HIS 2 SUBORDINATES, AND HAS AUTHORITY TO
 DISCIPLINE THEM;  THAT WALSH ASSIGNS WORK TO HIS 3 SUBORDINATES AND HAS
 EFFECTIVELY RECOMMENDED HIRING OF, AS WELL AS PROMOTIONS FOR HIS
 SUBORDINATES;  AND THAT OLIVIER ASSIGNS WORK TO HIS 10 SUBORDINATES AND
 HAS EFFECTIVELY RECOMMENDED HIRING OF, AS WELL AS PROMOTIONS FOR HIS
 SUBORDINATES.  FURTHER, IN DOING SO, THEY CONSISTENTLY EXERCISE
 INDEPENDENT JUDGMENT.  ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT THE
 INCUMBENTS IN THE ABOVE JOB CLASSIFICATIONS BE EXCLUDED FROM THE
 BARGAINING UNIT.  /3/
 
    THE AUTHORITY FURTHER FINDS THAT THE INCUMBENTS IN THE REMAINING JOB
 CLASSIFICATIONS LISTED IN APPENDIX A 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 JOB CLASSIFICATIONS EXERCISE ANY OF THE OTHER
 STATUTORY INDICIA OF SUPERVISORY AUTHORITY.  ACCORDINGLY, THE AUTHORITY
 SHALL ORDER THAT THE INCUMBENTS IN THESE JOB CLASSIFICATIONS REMAIN IN
 THE BARGAINING UNIT.
 
    MANAGEMENT OFFICIALS /4/
 
    THE ACTIVITY CONTENDS THAT THE EMPLOYEES LISTED IN APPENDIX B ARE
 MANAGEMENT OFFICIALS AND SHOULD BE EXCLUDED FROM THE UNIT.  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 OF 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 LISTED IN APPENDIX
 B ARE NOT MANAGEMENT OFFICIALS AND SHOULD BE INCLUDED IN THE RECOGNIZED
 BARGAINING UNIT.  THE RECORD ESTABLISHES THAT THESE INCUMBENTS, EACH OF
 WHOM HAS BEEN CHARACTERIZED BY THE PARTIES AS EITHER A PROJECT MANAGER,
 PROJECT OFFICER, CHIEF SCIENTIST, SENIOR TEAM LEADER OR ADVISOR IS A
 HIGHLY TRAINED PROFESSIONAL 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 OR 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 IS HEREBY, CLARIFIED BY EXCLUDING FROM SAID UNIT THE INCUMBENTS IN
 THE FOLLOWING JOB CLASSIFICATIONS:  HAROLD HULTGREN, SUPERVISORY
 MECHANICAL ENGINEER, GS-830-13;  KENNETH WALSH, ELECTRONICS ENGINEER,
 GS-855-13;  AND ERNEST OLIVIER, SUPERVISORY ELECTRONIC ENGINEER,
 GS-855-13.
 
    FURTHER, IT IS ORDERED THAT ALL OTHER INCUMBENTS IN THE DISPUTED JOB
 CLASSIFICATIONS SHALL REMAIN IN THE BARGAINING UNIT.
 
    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 A
 
                    EMPLOYEES ALLEGED TO BE SUPERVISORS
 
    THOMAS CONRAD, COMPUTER SCIENTIST, GS-1550-13;  EDGAR FONTAINE,
 SUPERVISORY COMPUTER SCIENTIST, GS-1550-13;  DOUGLAS CHAPMAN, MECHANICAL
 ENGINEER, GS-830-13;  RICHARD BONIN, ELECTRONICS ENGINEER, GS-855-13;
 ALFRED CARLL, ELECTRONICS ENGINEER, GS-855-13;  LOUIS CARVALHO,
 ELECTRONICS ENGINEER, GS-855-13;  ERNEST OLIVIER, SUPERVISORY
 ELECTRONICS ENGINEER, GS-855-13;  KENNETH WALSH, ELECTRONICS ENGINEER,
 GS-855-13;  CRAIG GARDNER, ELECTRONICS ENGINEER, GS-855-13;  HAROLD
 HULTGREN, SUPERVISORY MECHANICAL ENGINEER, GS-855-13.
 
                                APPENDIX B
 
               EMPLOYEES ALLEGED TO BE MANAGEMENT OFFICIALS
 
    PHILLIP TABOR, MECHANICAL ENGINEER, GS-830-13;  ROBERT KITTREDGE,
 MECHANICAL ENGINEER, GS-830-13;  GENE ROSSI, MECHANICAL ENGINEER,
 GS-830-13;  GEORGE ANDERSON, MECHANICAL ENGINEER, GS-830-13;  DANIEL
 BOWLUS, MECHANICAL ENGINEER, GS-830-13;  ROBERT LAZAR, MECHANICAL
 ENGINEER, GS-830-14;  STANLEY OLSON, MECHANICAL ENGINEER, GS-830-13;
 JOHN MIGUEL, MECHANICAL ENGINEER, GS-830-13;  ROBERT WHITE, MECHANICAL
 ENGINEER, GS-830-14;  ASA DAVIS, MECHANICAL ENGINEER, GS-830-13;  GEORGE
 MONAST, MECHANICAL ENGINEER, GS-830-13;  CLIFFORD CURTIS, MECHANICAL
 ENGINEER, GS-830-13;  ANTONIO DACRUZ, GENERAL ENGINEER, GS-801-14;  JOHN
 FOSTER, GENERAL ENGINEER, GS-801-13;  CALVIN MESLER, GENERAL ENGINEER,
 GS-801-13;  EDWIN SHIVELL, GENERAL ENGINEER, GS-801-14;  ADELBERT
 WALLIS, CIVIL ENGINEER, GS-810-13;  DONALD CONORS, OCEANOGRAPHER,
 GS-1360-13;  FRANCIS TRENHOLME, MATHEMATICIAN, GS-1520-13;  RONALD
 HOUSE, COMPUTER SCIENTIST, GS-1550-13;  FRANK CUOMO, PHYSICIST,
 GS-1310-13;  THOMAS DAVIS, PHYSICIST, GS-1310-14;  RUSSELL GINNS,
 PHYSICIST, GS-1310-13;  DAVID GOODRICH, PHYSICIST, GS-1310-13;  FRED
 NUSSBAUM, PHYSICIST, GS-1310-13;  RICHARD SCHMIDT, PHYSICIST,
 GS-1310-13;  VINCENT DENINNO, MECHANICAL ENGINEER, GS-830-13;  DAVID
 PIMENTAL, MECHANICAL ENGINEER, GS-830-13;  ORRWELL WATTERSON, COMPUTER
 SCIENTIST, GS-1550-13;  PHILLIP ACHERMAN, ELECTRONICS ENGINEER,
 GS-855-14;  VINCENT AIDALA, ELECTRONICS ENGINEER, GS-855-14;  BARRY
 BELLINO, ELECTRONICS ENGINEER, GS-855-13;  FREDERICK CANCILLIERE,
 ELECTRONICS ENGINEER, GS-855-14;  EDWARD COTE, ELECTRONICS ENGINEER,
 GS-855-13;  GEORGE BARCLAY DETOLLY, ELECTRONICS ENGINEER, GS-855-13;
 GERALD EBERHARD, ELECTRONICS ENGINEER, GS-855-13;  KAI GONG, ELECTRONICS
 ENGINEER, GS-855-13;  RAYMOND FISH, ELECTRONICS ENGINEER, GS-855-13;
 THOMAS FISHBURN, ELECTRONICS ENGINEER, GS-855-13;  ROY FITZHERBERT,
 ELECTRONICS ENGINEER, GS-855-13;  KAI GONG, ELECTRONICS ENGINEER,
 GS-855-13;  ROBERT MESSAROTTI, ELECTRONICS ENGINEER, GS-855-13;  RICHARD
 MILLER, ELECTRONIC ENGINEER, GS-855-14;  ROBERT PINKOS, ELECTRONIC
 ENGINEER, GS-855-14;  JOSEPH ROZPAD, ELECTRONICS ENGINEER, GS-855-13;
 JAMES SOUZA, ELECTRONICS ENGINEER, GS-855-13;  DAVID THORNTON,
 ELECTRONICS ENGINEER, GS-855-13;  JAMES VICKERS, ELECTRONICS ENGINEER,
 GS-855-13;  CARL WALLIN, ELECTRONIC ENGINEER, GS-855-13;  DAVID WATSON,
 ELECTRONICS ENGINEER, GS-855-13;  KYRILL KOROLENKO, ELECTRONICS
 ENGINEER, GS-855-13;  PAUL NADEAU, PHYSICIST, GS-1310-13;  GERALD
 SANTOS, ELECTRONICS ENGINEER, GS-855-14;  EDMOND SULLIVAN, PHYSICIST,
 GS-1310-13;  RICHARD ATKINS, ELECTRONICS ENGINEER, GS-855-13;  CRAIG
 GARDNER, ELECTRONICS ENGINEER, GS-855-13;  WALTER BERROTH, ELECTRONICS
 ENGINEER, GS-855-13;  KATHLEEN NELSON, MATHEMATICIAN, GS-1520-13;
 DOUGLAS CHAPMAN, MECHANICAL ENGINEER, GS-830-13;  EDGAR FONTAINE,
 SUPERVISORY COMPUTER SCIENTIST, GS-1550-13;  THOMAS CONRAD, COMPUTER
 SCIENTIST, GS-1550-13;  FRANK WACLAWIK, MECHANICAL ENGINEER, GS-830-13.
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ DURING THE COURSE OF THE HEARING, THE JOINT PETITIONERS WITH THE
 AGREEMENT OF THE HEARING OFFICER AMENDED THEIR PETITION BY WITHDRAWING
 CERTAIN JOB CLASSIFICATIONS FROM CONSIDERATION BY THE AUTHORITY.  THE
 AUTHORITY HEREBY ADOPTS THE HEARING OFFICER'S RULING THAT THE PETITION
 BE SO AMENDED.
 
    /2/ 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 CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT . . . .
 
    /3/ IN VIEW OF THE ABOVE FINDING, THE AUTHORITY FINDS IT UNNECESSARY
 TO DECIDE WHETHER THE INCUMBENTS IN THESE JOB CLASSIFICATIONS ARE ALSO
 MANAGEMENT OFFICIALS, AND THEIR CLASSIFICATIONS HAVE NOT BEEN LISTED IN
 APPENDIX B.
 
    /4/ 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 . . . .