09:0795(100)CU - Air Force, Hanscom AFB, Bedford, MA and NAGE Local R1-8 -- 1982 FLRAdec RP

 9 FLRA No. 100
 
 DEPARTMENT OF THE AIR FORCE,
 HANSCOM AIR FORCE BASE
 BEDFORD, MASSACHUSETTS
 Activity/Petitioner
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCAL R1-8
 Labor Organization
 
                                            Case No. 1-CU-39
 
                    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, /1/ THE AUTHORITY FINDS:  THE NATIONAL ASSOCIATION
 OF GOVERNMENT EMPLOYEES, LOCAL R1-8 (NAGE) WAS CERTIFIED ON NOVEMBER 29,
 1971 AS THE EXCLUSIVE BARGAINING REPRESENTATIVE FOR A UNIT OF ALL
 NONSUPERVISORY, NONPROFESSIONAL GENERAL SCHEDULE EMPLOYEES SERVICED BY
 THE FEDERAL CIVILIAN PERSONNEL OFFICE, L. G. HANSCOM FIELD, BEDFORD,
 MASSACHUSETTS.  ESSENTIALLY THE PETITION HEREIN 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.  /2/
 
    SUPERVISORS /3/
 
    THE ACTIVITY CONTENDS THAT THE EMPLOYEES IN THE JOB CLASSIFICATIONS
 LISTED IN APPENDIX A ARE SUPERVISORS AND SHOULD BE EXCLUDED FROM THE
 BARGAINING UNIT.  OF THESE, THE RECORD ESTABLISHES THAT GERALD JAROSAK,
 PROGRAM ANALYST, GS-0345-13, ASSIGNS WORK, HAS HIRED SUBORDINATES AND
 HAS EFFECTIVELY RECOMMENDED SUBORDINATES FOR AWARDS;  THAT GERALD
 BALCOM, ANTHONY STORACE, MAURICE RACITI, AND EMERY CARON, ALL OF WHOM
 ARE LOGISTICS MANAGEMENT SPECIALISTS, GS-0346-13, ASSIGN WORK AND HAVE
 EFFECTIVELY RECOMMENDED THE HIRING OF SUBORDINATES;  THAT ROBERT
 HERZBERG, COMPUTER EQUIPMENT ANALYST, GS-0334-14, ASSIGNS WORK AND HAS
 EFFECTIVELY RECOMMENDED THE HIRING OF SUBORDINATES;  THAT ROBERT WATERS
 AND RAYMOND CARLE, BOTH OF WHOM ARE COMPUTER SPECIALISTS, GS-0334-14,
 ASSIGN WORK AND HAVE EFFECTIVELY RECOMMENDED THE HIRING OF AND AWARDS
 FOR SUBORDINATES;  AND THAT EBEN TOWNES AND DEAN STEWARD, BOTH OF WHOM
 ARE CONTRACT SPECIALISTS, GS-1102-13, ASSIGN WORK AND HAVE EFFECTIVELY
 RECOMMENDED 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 AND 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 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 SUCH EMPLOYEES 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 INDICA 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 JOB CLASSIFICATIONS
 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 JACK
 CATALANO, COMPUTER EQUIPMENT ANALYST, GS-0334-13, IS A MANAGEMENT
 OFFICIAL AND SHALL ORDER HIS EXCLUSION FROM THE BARGAINING UNIT.  THUS,
 THE RECORD ESTABLISHES THAT HE HAS DEVELOPED ACTIVITY-WIDE AS WELL AS
 GOVERNMENT-WIDE POLICIES AND PROCEDURES IN THE COMPUTER CONTRACT
 SUPPORT
 AREA WHICH HAVE RESULTED IN THE FORMATION OF ACTIVITY OPERATING
 INSTRUCTIONS COVERING EVALUATION OF VENDORS' CONTRACT PROPOSALS IN THE
 AREA OF VENDOR ASSISTANCE IN PUTTING NEW COMPUTERS INTO OPERATION, THE
 TRAINING OF OPERATORS AND MAINTENANCE OF THE EQUIPMENT.  IT FOLLOWS THAT
 HIS RESPONSIBILITIES REQUIRE AND AUTHORIZE HIM TO FORMULATE AND
 DETERMINE 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 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, AND THEREFORE THEY ARE NOT
 MANAGEMENT OFFICIALS.  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:  GERALD JAROSAK, PROGRAM ANALYST, GS-0345-13;  GERALD BALCOM,
 LOGISTICS MANAGEMENT SPECIALIST, GS-0346-13;  ANTHONY STORACE, LOGISTICS
 MANAGEMENT SPECIALIST, GS-0346-13;  MAURICE RACITI, LOGISTICS MANAGEMENT
 SPECIALIST, GS-0346-13;  EMERY CARON, LOGISTICS MANAGEMENT SPECIALIST,
 GS-0346-13;  ROBERT HERZBERG, COMPUTER EQUIPMENT ANALYST, GS-0334-14;
 ROBERT WATERS, COMPUTER SPECIALIST, GS-0334-14;  RAYMOND CARLE, COMPUTER
 SPECIALIST, GS-0334-14;  DEAN STEWARD, CONTRACT SPECIALIST, GS-1102-13;
 EBEN TOWNES, CONTRACT SPECIALIST, GS-1102-13;  AND JACK CATALANO,
 COMPUTER EQUIPMENT ANALYST, GS-0334-13.
 
    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., AUGUST 4, 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
 
    WILLIAM JANOFSKY, COMPUTER SYSTEMS ANALYST, GS-0334-13
 
    JOHN AIKEN, COMPUTER SYSTEMS ANALYST, GS-0334-14
 
    JOSEPH GUARNOTTA, COMPUTER SYSTEMS ANALYST, GS-0334-14
 
    ROBERT GRECO, COMPUTER SYSTEMS ANALYST, GS-0334-13
 
    RICHARD WRIGHT, COMPUTER SYSTEMS ANALYST, GS-0334-14
 
    DONALD HARTER, COMPUTER SYSTEMS ANALYST, GS-0334-14
 
    TOM PANTAZIS, COMPUTER SYSTEMS ANALYST, GS-0334-14
 
    ROBERT LENCEWICZ, COMPUTER SYSTEMS ANALYST, GS-0334-13
 
    JOHN HAYDEN, COMPUTER SYSTEMS ANALYST, GS-0334-13
 
    NELSON SNYDER, COMPUTER SYSTEMS ANALYST, GS-0334-13
 
    DOUGLAS CAMPBELL, COMPUTER SYSTEMS ANALYST, GS-0334-13
 
    DONALD FLEURY, COMPUTER SYSTEMS ANALYST, GS-0334-13
 
    ROBERT HERZBERG, COMPUTER EQUIPMENT ANALYST, GS-0334-14
 
    ROBERT WATERS, COMPUTER SPECIALISTS, GS-0334-14
 
    RAYMOND CARLE, COMPUTER SPECIALIST, GS-0334-14
 
    HANS ZSCHIRNT, COMPUTER SYSTEMS ANALYST, GS-0334-13
 
    GERALD JAROSAK, PROGRAM ANALYST, GS-0345-13
 
    THOMAS MOONEY, FINANCIAL SPECIALIST, GS-0501-13
 
    GEORGE LYNCH, BUDGET ANALYST, GS-0560-13
 
    TIMOTHY HORAN, CONTRACT NEGOTIATOR, GS-1102-13
 
    ROBERT BOSINGER, CONTRACT NEGOTIATOR, GS-1102-13
 
    LAWRENCE WHITNEY, CONTRACT NEGOTIATOR, GS-1102-13
 
    ROGER COLLINS, CONTRACT NEGOTIATOR, GS-1102-13
 
    HAROLD THOMAS, CONTRACT NEGOTIATOR, GS-1102-13
 
    THOMAS COLANGELO, CONTRACT NEGOTIATOR, GS-1102-13
 
    JOHN LEARY, CONTRACT NEGOTIATOR, GS-1102-13
 
    JAMES LANE, CONTRACT NEGOTIATOR, GS-1102-13
 
    ROBERT BRYCE, CONTRACT NEGOTIATOR, GS-1102-13
 
    RICHARD AXTELL, CONTRACT NEGOTIATOR, GS-1102-13
 
    ANTHONY DALY, CONTRACT NEGOTIATOR, GS-1102-13
 
    JOHN FLAHERTY, CONTRACT NEGOTIATOR, GS-1102-13
 
    ERIC HOKANS, CONTRACT NEGOTIATOR, GS-1102-13
 
    DEAN STEWART, CONTRACT SPECIALIST, GS-1102-13
 
    EBEN TOWNES, CONTRACT SPECIALIST, GS-1102-13
 
    BLAKE SMITH, CONTRACT SPECIALIST, GS-1102-13
 
    GERALD BALCOM, LOGISTIC" MANAGEMENT SPECIALIST, GS-0346-13
 
    HUGH MCNEIL, RESOURCE ANALYST, GS-0301
 
    ALBERT WISIALKO, RESOURCE ANALYST, GS-0301
 
    ERNEST COUDERT, RESOURCE ANALYST, GS-0301
 
    THOMAS ROBILLARD, RESOURCE ANALYST, G;-0301
 
    MAITS LEBON, RESOURCE ANALYST, GS-0301
 
    FRANK RYAN, COMPUTER SYSTEMS ANALYST, GS-0334-13
 
    RICHARD GAUTHIER, COMPUTER SYSTEMS ANALYST, GS-0334-13
 
    GERALD CASHIN, COMPUTER SYSTEMS ANALYST, GS-0334-13
 
    ROBERT DEA, COMPUTER SYSTEMS ANALYST, GS-0334-13
 
    MARK SULLIVAN, COMPUTER PROGRAMMER, GS-0334-13
 
    ROBERT ROBITALLE, COMPUTER PROGRAMMER, GS-0334-13
 
    STANLEY COWAN, COMPUTER PROGRAMMER, GS-0334-13
 
    WILLIAM MAHAR, COMPUTER EQUIPMENT ANALYST, GS-0334-13
 
    STANLEY COOPER, COMPUTER EQUIPMENT ANALYST, GS-0334-13
 
    CHARLES BALDWIN, COMPUTER EQUIPMENT ANALYST, GS-0334-13
 
    JOHN NIKULA, COMPUTER EQUIPMENT ANALYST, GS-0334-13
 
    MARY MASTROCOLA, COMPUTER EQUIPMENT ANALYST, G"-0334-13
 
    NICOLO MIRABILE, COMPUTER EQUIPMENT ANALYST, GS-0334-13
 
    FREDERICK SEIFERT, COMPUTER EQUIPMENT ANALYST, GS-0334-13
 
    RICHARD PIZZANO, COMPUTER EQUIPMENT ANALYST, GS-0334-13
 
    CAROL ARCHIBALD, PROCUREMENT ANALYST, GS-1102-13
 
    BERTRAND CULLEN, TECHNICIAL INFORMATION ANALYST, GS-1412-13
 
    ANTHONY STORACE, LOGISTICS MANAGEMENT SPECIALIST, GS-0346-13
 
    MAURICE RACITI, LOGISTICS MANAGEMENT SPECIALIST, GS-0346-13
 
    EMERY CARON, LOGISTICS MANAGEMENT SPECIALIST, GS-0346-13
 
    MYRON BARR, COMPUTER EQUIPMENT ANALYST, GS-0334-13
 
                                APPENDIX B
 
    EMPLOYEES ALLEGED TO BE MANAGEMENT OFFICIALS
 
    GERALD MENYHART, DATA MANAGEMENT SPECIALIST, GS-0301-13
 
    IRA REIMER, DATA MANAGEMENT SPECIALIST, GS-0301-13
 
    ROLAND USHER, CONFIGURATION MANAGEMENT SPECIALIST, GS-0301-13
 
    MYRON BARR, COMPUTER EQUIPMENT ANALYST, GS-0334-13
 
    JACK CATALANO, COMPUTER EQUIPMENT ANALYST, GS-0334-13
 
    SALVATORE INQUANTI, PROGRAM ANALYST, GS-0345-13
 
    RALPH CASPER, LOGISTIC" MANAGEMENT SPECIALIST, GS-0346-13
 
    ELMER SUBINO, FINANCIAL SPECIALIST, GS-0501-13
 
    JOSEPH SPIRITO, PROCUREMENT ANALYST, GS-1102-13
 
    NORMAN DOWNES, PROCUREMENT ANALYST, GS-1102-13
 
    HUGH MCNEIL, RESOURCE ANALYST, GS-0301-13
 
    ALBERT WISIALKO, RESOURCE ANALYST, GS-0301-13
 
    ERNEST COUDERT, RESOURCE ANALYST, GS-0301-13
 
    THOMAS ROBILLARD, RESOURCE ANALYST, GS-0301-13
 
    MAITS LEBON, RESOURCE ANALYST, GS-0301-13
 
    FRANK RYAN, COMPUTER SYSTEMS ANALYST, GS-0334-13
 
    RICHARD GAUTHIER, COMPUTER SYSTEMS ANALYST, GS-0334-13
 
    GERALD CASHIN, COMPUTER SYSTEMS ANALYST, GS-0334-13
 
    ROBERT DEA, COMPUTER SYSTEMS ANALYST, GS-0334-13
 
    MARK SULLIVAN, COMPUTER PROGRAMMER, GS-0334-13
 
    STANLEY COWAN, COMPUTER PROGRAMMER, GS-0334-13
 
    ROBERT ROBITAILLI, COMPUTER PROGRAMMER, GS-0334-13
 
    WILLIAM MAHAR, COMPUTER EQUIPMENT ANALYST, GS-0334-13
 
    STANLEY COOPER, COMPUTER EQUIPMENT ANALYST, GS-0334-13
 
    CHARLES BALDWIN, COMPUTER EQUIPMENT ANALYST, GS-0334-13
 
    JOHN NIKULA, COMPUTER EQUIPMENT ANALYST, GS-0334-13
 
    MARY MASTROCOLA, COMPUTER EQUIPMENT ANALYST, GS-0334-13
 
    NICOLO MIRABILE, COMPUTER EQUIPMENT ANALYST, GS-0334-13
 
    FREDERICK SEIFERT, COMPUTER EQUIPMENT ANALYST, GS-0334-13
 
    RICHARD PIZZANO, COMPUTER EQUIPMENT ANALYST, GS-0334-13
 
    CAROL ARCHIBALD, PROCUREMENT ANALYST, GS-1102-13
 
    BERTRAND CULLEN, TECHNICAL INFORMATION SPECIALIST, GS-1412-13
 
    WILLIAM LETENDRE, COMPUTER SYSTEMS ANALYST, GS-0334-14
 
    JOSEPH GUARNOTTA, COMPUTER SYSTEMS ANALYST, GS-0334-14
 
    ROBERT GRECO, COMPUTER SYSTEMS ANALYST, GS-0334-13
 
    RICHARD WRIGHT, COMPUTER SYSTEMS ANALYST, GS-0334-14
 
    DONALD HARTER, COMPUTER SYSTEMS ANALYST, GS-0334-14
 
    TOM PANTAZIS, COMPUTER SYSTEMS ANALYST, GS-0334-14
 
    ROBERT LENCEWICZ, COMPUTER SYSTEMS ANALYST, GS-0334-13
 
    JOHN HAYDEN, COMPUTER SYSTEMS ANALYST, GS-0334-13
 
    NELSON SNYDER, COMPUTER SYSTEMS ANALYST, GS-0334-13
 
    DOUGLAS CAMPBELL, COMPUTER SYSTEMS ANALYST, GS-0334-13
 
    DONALD FLEURY, COMPUTER SYSTEMS ANALYST, GS-0334-13
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ AS THE BRIEF FILED BY THE NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCAL R1-8 WAS UNTIMELY FILED, IT HAS NOT BEEN CONSIDERED
 HEREIN.
 
    /2/ IN ITS BRIEF, THE ACTIVITY MOVED TO AMEND ITS PETITION BY
 WITHDRAWING INCUMBENT VICTOR H. LAUGHTON, INTELLIGENCE RESEARCH
 SPECIALIST, GS-0132-13 FROM CONSIDERATION.  THE MOTION TO AMEND IS
 HEREBY GRANTED.
 
    /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/ THEREFORE, IT IS UNNECESSARY TO PASS UPON THE ACTIVITY'S
 ASSERTION THAT THESE INCUMBENTS ARE ALSO MANAGEMENT OFFICIALS, AND THEY
 HAVE NOT BEEN LISTED IN APPENDIX B.
 
    /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 . . . .