09:0883(118)CU - 2750th Air Base Wing, Air Force Logistics Command, Wright-Patterson AFB, OH and Local, F-88, International Association of Firefighters -- 1982 FLRAdec RP

 9 FLRA No. 118
 
 2750TH AIR BASE WING,
 AIR FORCE LOGISTICS COMMAND,
 WRIGHT-PATTERSON AIR FORCE BASE, OHIO
 Activity
 
 and
 
 LOCAL, F-88, INTERNATIONAL
 ASSOCIATION OF FIREFIGHTERS
 Petitioner
 
                                            Case No. 5-CU-34
 
                    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 HEREBY AFFIRMED.
 
    UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
 PARTIES' CONTENTIONS, THE AUTHORITY FINDS:  LOCAL F-88, INTERNATIONAL
 ASSOCIATION OF FIREFIGHTERS (PETITIONER) WAS RECOGNIZED BY THE ACTIVITY
 ON JULY 21, 1964, AS THE EXCLUSIVE BARGAINING REPRESENTATIVE FOR A UNIT
 OF ALL NON-SUPERVISORY EMPLOYEES OF THE FIRE PROTECTION DIVISION
 DIRECTORATE OF CIVIL ENGINEERING, 2750TH AIR BASE WING, WRIGHT-PATTERSON
 AIR FORCE BASE, OHIO.  ESSENTIALLY, THE PETITION SEEKS TO CLARIFY THE
 BARGAINING UNIT STATUS OF THE INCUMBENTS IN THE JOB CLASSIFICATION OF
 SUPERVISORY FIREFIGHTER, GS-081-08 (STATION CHIEF) BASED ON THE
 ACTIVITY'S CONTENTION THAT THEY ARE SUPERVISORS.  /1/
 
    THE RECORD ESTABLISHES THAT THE STATION CHIEFS ASSIGN WORK, ADJUST
 GRIEVANCES, DISCIPLINE SUBORDINATES AND HAVE EFFECTIVELY RECOMMENDED
 SUBORDINATES FOR PROMOTIONS AND AWARDS.  FURTHER, THE RECORD REFLECTS
 AND THE AUTHORITY FINDS THAT THE STATION CHIEFS DEVOTE A PREPONDERANCE
 OF THEIR EMPLOYMENT TIME IN EXERCISING SUCH DUTIES WHICH ARE NOT MERELY
 ROUTINE OR CLERICAL IN NATURE, BUT REQUIRE THE CONSISTENT EXERCISE OF
 INDEPENDENT JUDGMENT.  /2/ ACCORDINGLY THESE INCUMBENTS ARE SUPERVISORS
 WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE STATUTE AND SHALL BE
 EXCLUDED FROM THE UNIT.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE PETITION HEREIN BE DISMISSED.
 
    ISSUED, WASHINGTON, D.C., AUGUST 6, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ 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, EXCEPT
 THAT, WITH RESPECT TO ANY
 
    UNIT WHICH INCLUDES FIREFIGHTERS OR NURSES, THE TERM 'SUPERVISOR'
 INCLUDES ONLY THOSE
 
    INDIVIDUALS WHO DEVOTE A PREPONDERANCE OF THEIR EMPLOYMENT TIME TO
 EXERCISING SUCH
 
    AUTHORITY(.)
 
    /2/ SEE VETERANS ADMINISTRATION MEDICAL CENTER, FAYETTEVILLE, NORTH
 CAROLINA, 8 FLRA NO. 115(1982) WHERE THE AUTHORITY APPLIED THE PHRASE
 "PREPONDERANCE OF THEIR EMPLOYMENT TIME" AS CONTAINED IN THE SUPERVISORY
 DEFINITION WITH REGARD TO THE DUTIES OF CERTAIN INDIVIDUALS CLASSIFIED
 AS HEAD NURSES.