09:0101(12)CU - Army Communications and Electronics Materiel Readiness Command, Fort Monmouth, NJ and AFGE Local 1904 -- 1982 FLRAdec RP

 9 FLRA No. 12
 
 U.S. ARMY COMMUNICATIONS AND
 ELECTRONICS MATERIAL READINESS COMMAND,
 FORT MONMOUTH, NEW JERSEY
 Activity/Petitioner
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1904
 Labor Organization
 
                                            Case No. 2-CU-24
 
                    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 AUTHORITY HAS REVIEWED THE HEARING
 OFFICER'S RULINGS MADE AT THE HEARING AND FINDS THAT THEY ARE FREE FROM
 PREJUDICIAL ERROR.  THE RULINGS ARE HEREBY AFFIRMED.
 
    UPON THE ENTIRE RECORD, THE AUTHORITY FINDS:
 
    THE ACTIVITY FILED A PETITION FOR CLARIFICATION OF UNIT (CU) SEEKING
 TO EXCLUDE APPROXIMATELY 59 INCUMBENTS IN 20 POSITION CLASSIFICATIONS
 FROM THE BARGAINING UNIT OF PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES
 EXCLUSIVELY REPRESENTED BY THE AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1904 (UNION) /1/ ON THE BASIS THAT THE
 INCUMBENTS OF THE POSITIONS ARE SUPERVISORS WITHIN THE MEANING OF
 SECTION 7103(A)(10 OF THE STATUTE.  /2/ CONVERSELY, THE UNION CONTENDS
 THAT THE INCUMBENTS OF THE DISPUTED POSITIONS DO NOT PERFORM SUPERVISORY
 DUTIES AND THEREFORE SHOULD CONTINUE TO BE INCLUDED IN THE BARGAINING
 UNIT.  THIS ISSUE IS DISCUSSED BELOW.
 
    JOB NOS. 790554, 559, 560, 30, 76-1055, AND 80-695, ELECTRONICS
 ENGINEER, GS-855-13;  JOB NO. 79-555, MECHANICAL ENGINEER, GS-830-13;
 JOB NOS. 79-556, 557, AND 558, GENERAL ENGINEER, GS-801-13
 
    THE INCUMBENTS SERVE UNDER SUPERVISORS IN VARIOUS ORGANIZATIONAL
 LOCATIONS AT THE ACTIVITY.  THEY ACT AS SPOKESMEN AT BRIEFINGS FOR
 ASSIGNED PROGRAM AREAS, AND PRESENT THE ACTIVITY'S POSITION AS
 FORMULATED BY HIGHER AUTHORITY.  THEY ACT AS TEAM LEADERS OF LOWER
 GRADED ENGINEERS AND TECHNICIANS, DISTRIBUTING AND REVIEWING THEIR WORK
 IN ASSIGNED PROGRAM AREAS INVOLVING ISSUES RELATING TO ACCEPTABILITY OF
 PRODUCTION SCHEDULES AND SOLUTIONS TO TECHNICAL PROBLEMS.
 
    JOB NO. 73-499, COMPUTER SYSTEMS ANALYST, GS-334-13
 
    THE INCUMBENT IS GENERALLY SUPERVISED BY THE CHIEF, SYSTEMS CONTROL
 INTEGRATIONS CONTROL BRANCH, CONCERNING LONG RANGE OBJECTIVES.  UNDER
 DIRECTION OF THE CHIEF, HE COORDINATES THE IMPLEMENTATION AND
 INTEGRATION OF AUTOMATIC DATA PROCESSING SYSTEMS AND THE PROGRAMMING AND
 INTEGRATION THAT RESULT FROM THE ACQUISITION OF NEW OR ADDITIONAL
 AUTOMATIC DATA PROCESSING EQUIPMENT SYSTEMS.  AS TEAM LEADER OF SEVERAL
 COMPUTER PROGRAMMERS, THE INCUMBENT DISTRIBUTES AND REVIEWS THEIR WORK.
 
    JOB NO. 76-161, OPERATIONS RESEARCH ANALYST, GS-1515-13;  JOB NO.
 77-1252, PLANNING OFFICER, GS-301-13
 
    THE INCUMBENTS IN THE ABOVE POSITIONS GENERALLY RECEIVE ASSIGNMENTS
 FROM THE TEAM CHIEF OR OFFICE CHIEF WITH RESPECT TO REPRESENTING THEIR
 VARIOUS SECTIONS AT MEETINGS AND CONFERENCES WITH OTHER SECTIONS,
 PRESENTING AND JUSTIFYING THEIR SECTION'S POINT OF VIEW, OR DISCUSSING
 MUTUAL PROBLEMS.  THEY PREPARE INTERNAL REPORTS AND PRESENTATIONS, AND,
 WITHIN DESIGNATED GUIDELINES, CONTRIBUTE TO PUBLICATIONS SETTING FORTH
 THE RESULTS OF SYSTEMS STUDIES.  THEY ACT AS TEAM LEADERS OF TWO OR
 THREE LOWER GRADED RESEARCH ANALYSTS OR ENGINEERS.
 
    JOB NOS. 77-1571, AND 1572, MANAGEMENT ANALYST, GS-343-13;  JOB NO.
 78-122, PROGRAM ANALYST, GS-345-13;  JOB NO. 78-247A MANAGEMENT ANALYST,
 GS-343-13
 
    AMONG OTHER THINGS, THESE INCUMBENTS COORDINATE THE ACTIVITIES OF A
 GROUP OF MORE JUNIOR EMPLOYEES ENGAGED IN IMPLEMENTING THE DEPARTMENT OF
 THE ARMY'S ECONOMIC ANALYSIS AND THE ACTIVITY'S MANAGEMENT ANALYSIS
 PROGRAMS.  THEY RECOMMEND POLICIES AND PROCEDURES TO IMPROVE OPERATIONS
 IN ASSIGNED AREAS, WHICH RECOMMENDATIONS ARE REVIEWED BY THEIR
 SUPERVISOR FOR SOUNDNESS AND OVERALL ATTAINMENT OF GOALS.
 
    JOB NO. 79-344, SYSTEMS ACCOUNTANT, GS-510-13;  JOB NOS. 79-825, AND
 826, AUDITOR, GS-510-13
 
    AMONG OTHER THINGS, THESE INCUMBENTS LEAD SMALL TEAMS OF ACCOUNTING
 PERSONNEL ENGAGED IN PERFORMING A VARIETY OF SYSTEMS AND STAFF
 ACCOUNTING DUTIES INCLUDING SPECIAL STUDIES AND AUDITS, ESTABLISHMENT OR
 REVISIONS OF POLICIES AND PROCEDURES, AND DEVELOPMENT AND MODIFICATION
 OF ACCOUNTING SYSTEMS.  SUCH DUTIES ARE ASSIGNED TO THE INCUMBENTS BY
 THEIR SUPERVISORS, WHO OUTLINE AND INDICATE AREAS TO BE STUDIED AND THE
 EXPECTED OBJECTIVES TO BE ACHIEVED.
 
    THE ACTIVITY ASSERTS THAT ALL OF THE INCUMBENTS ARE SUPERVISORS, IN
 THAT THEY ARE LEADERS OF SUBORDINATE EMPLOYEES, ARE RESPONSIBLE FOR
 ASSIGNING AND REVIEWING THEIR WORK, RECOMMENDING APPROVAL OF LEAVE
 REQUESTS, AND RECOMMENDING REWARDS FOR WORK PERFORMANCE.  THE RECORD
 INDICATES, HOWEVER, THAT THE INCUMBENTS, IN PERFORMING SUCH FUNCTIONS,
 DO SO ONLY ON ORDERS FROM THEIR SUPERVISORS, AND THAT ANY DIRECTING OR
 REVIEWING OF JUNIOR EMPLOYEES' WORK IS FOR THE PURPOSE OF EFFECTUATING
 THE ORDERS OF THEIR SUPERVISORS.  ALL OF THE INCUMBENTS, WHEN NOT SO
 ENGAGED, PERFORM FUNCTIONS SUBSTANTIALLY IDENTICAL TO THOSE THEY "LEAD."
 
    THE AUTHORITY CONCLUDES THAT THE INCUMBENTS IN THE ABOVE POSITIONS
 ARE NOT SUPERVISORS WITHIN THE MEANING OF THE STATUTE.  RATHER, THEIR
 STATUS IN RELATION TO THE OTHER EMPLOYEES WITH WHOM THEY WORK IS MERELY
 THAT OF A MORE SENIOR AND EXPERIENCED EMPLOYEE VIS-A-VIS JUNIOR AND LESS
 EXPERIENCED EMPLOYEES.  IN THIS REGARD, TO THE EXTENT THAT THE LEADERS
 MAY HAVE ANY RESPONSIBILITY FOR ASSIGNING WORK TO THE OTHER EMPLOYEES
 AND DIRECTING THEM IN THE PERFORMANCE OF SUCH WORK, THE EXERCISE OF
 THOSE RESPONSIBILITIES IS MERELY ROUTINE IN NATURE AND DOES NOT REQUIRE
 THE CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT.  MOREOVER, WHILE AN
 OCCASIONAL RECOMMENDATION FOR WORK PERFORMANCE AWARD HAS BEEN MADE,
 THE
 RECORD DOES NOT ESTABLISH THAT SUCH RECOMMENDED ACTION HAS BEEN
 EFFECTIVE OR HAD INVOLVED THE CONSISTENT EXERCISE OF INDEPENDENT
 JUDGMENT.  ACCORDINGLY, AND INASMUCH AS THERE IS NO EVIDENCE THAT THE
 INCUMBENT OF ANY DISPUTED POSITION EXERCISES ANY OTHER INDICIA OF
 SUPERVISORY AUTHORITY, THE AUTHORITY SHALL ORDER THAT THE INCUMBENTS IN
 THESE JOB CLASSIFICATIONS REMAIN IN THE BARGAINING UNIT.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED, IN WHICH
 THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1904,
 WAS ORIGINALLY CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE ON DECEMBER 31,
 1979, BE, AND IT HEREBY IS, CLARIFIED BY INCLUDING IN SAID UNIT THE
 FOLLOWING POSITIONS:  JOB NOS. 79-554, ELECTRONICS ENGINEER, GS-855-13;
 79-555, MECHANICAL ENGINEER, GS-830-13;  79-556, GENERAL ENGINEER,
 GS-801-13;  79-557, GENERAL ENGINEER, GS-801-13;  79-558, GENERAL
 ENGINEER, GS-801-13;  79-559, ELECTRONICS ENGINEER, GS-855-13;  79-560,
 ELECTRONICS ENGINEER, GS-855-13;  73-499, COMPUTER SYSTEMS ANALYST,
 GS-334-13;  76-1055, ELECTRONICS ENGINEER, GS-855-13;  76-161,
 OPERATIONS RESEARCH ANALYST, GS-1515-13;  77-1252, PLANNING OFFICER,
 GS-301-13;  79-30, ELECTRONICS ENGINEER, GS-855-13;  77-1571, MANAGEMENT
 ANALYST, GS-343-13;  77-1572, MANAGEMENT ANALYST, GS-343-13;  78-122,
 PROGRAM ANALYST, GS-345-13;  78-247A, MANAGEMENT ANALYST, GS-343-13;
 79-344, SYSTEMS ACCOUNTANT, GS-510-13;  79-825, AUDITOR, GS-510-13;
 79-826, AUDITOR, GS-510-13;  AND 80-695, ELECTRONICS ENGINEER,
 GS-855-13.
 
    ISSUED, WASHINGTON, D.C., JUNE 16, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ THE UNION WAS CERTIFIED BY THE AUTHORITY AS THE EXCLUSIVE
 REPRESENTATIVE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION ON DECEMBER 31,
 1979, IN A UNIT DESCRIBED AS FOLLOWS:
 
    ALL PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES IN THE U.S.  ARMY,
 COMMUNICATIONS AND
 
    ELECTRONICS MATERIAL READINESS COMMAND, LOCATED AT FORT MONMOUTH, NEW
 JERSEY, EXCLUDING
 
    FIREFIGHTERS, GUARDS, NONAPPROPRIATED FUND EMPLOYEES, MANAGEMENT
 OFFICIALS, SUPERVISORS, AND
 
    EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY
 CLERICAL CAPACITY.
 
    /2/ SECTION 7103(A)(10) 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(.)