09:0893(120)CU - Fire Department, 4392d Aerospace Support Group, Vandenburg AFB, CA and the International Association of Firefighters, CLC, Local F-116 -- 1982 FLRAdec RP

 9 FLRA No. 120
 
 FIRE DEPARTMENT, 4392D AEROSPACE
 SUPPORT GROUP, VANDENBURG AIR FORCE BASE,
 CALIFORNIA /1/
 Activity
 
 and
 
 THE INTERNATIONAL ASSOCIATION OF
 FIREFIGHTERS, AFL-CIO, CLC,
 LOCAL F-116 /2/
 Petitioner
 
                                            Case No. 8-CU-27
 
                    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:  THE INTERNATIONAL
 ASSOCIATION OF FIREFIGHTERS, AFL-CIO, CLC, LOCAL F-116 (PETITIONER) WAS
 RECOGNIZED BY THE ACTIVITY ON JANUARY 7, 1966, AS THE EXCLUSIVE
 BARGAINING REPRESENTATIVE FOR A UNIT OF ALL EMPLOYEES OF THE FIR
 PROTECTION BRANCH, 4392D AEROSPACE SUPPORT GROUP, VANDENBURG AIR FORCE
 BASE, CALIFORNIA, WHO ARE ELIGIBLE FOR MEMBERSHIP IN THE UNION.
 ESSENTIALLY, THE PETITION SEEKS TO CLARIFY THE BARGAINING UNIT STATUS OF
 THE INCUMBENTS IN CERTAIN JOB CLASSIFICATIONS BASED ON THE ACTIVITY'S
 CONTENTIONS THAT THEY ARE SUPERVISORS AND MANAGEMENT OFFICIALS.
 
    SUPERVISORS /3/
 
    THE ACTIVITY CONTENDS THAT THE INCUMBENTS IN THE JOB CLASSIFICATION
 OF SUPERVISORY FIREFIGHTER, GS-081-10 (ASSISTANT FIRE CHIEF), AND
 SUPERVISORY FIREFIGHTER, GS-081-07 (STATION CHIEF), ARE SUPERVISORS AND
 SHOULD BE EXCLUDED FROM THE BARGAINING UNIT.  OF THESE, THE RECORD
 ESTABLISHES THAT THE INCUMBENTS IN THE JOB CLASSIFICATION SUPERVISORY
 FIREFIGHTER, GS-081-10, ASSIGN WORK, DIRECT, TRANSFER AND RECALL, ADJUST
 GRIEVANCES AND DISCIPLINE SUBORDINATES, EFFECTIVELY RECOMMEND HIRING OF
 AND AWARDS TO SUBORDINATES;  AND THE INCUMBENTS IN THE JOB
 CLASSIFICATION SUPERVISORY FIREFIGHTER, GS-081-07, ASSIGN WORK, ADJUST
 GRIEVANCES AND DISCIPLINE SUBORDINATES, AND HAVE EFFECTIVELY RECOMMENDED
 HIRING OF AND AWARDS TO SUBORDINATES.  FURTHER, THE RECORD REFLECTS AND
 THE AUTHORITY FINDS THAT ASSISTANT FIRE CHIEFS AND 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.  /4/ ACCORDINGLY THESE INCUMBENTS ARE
 SUPERVISORS WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE STATUTE AND
 SHALL BE EXCLUDED FROM THE UNIT.  /5/
 
                                   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/ THE NAME OF THE ACTIVITY APPEARS AS AMENDED AT THE HEARING.
 
    /2/ THE NAME OF THE PETITIONER APPEARS AS AMENDED AT THE HEARING.
 
    /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, 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(.)
 
    /4/ SEE 2750TH AIR BASE WING, AIR FORCE LOGISTICS COMMAND,
 WRIGHT-PATTERSON AIR FORCE BASE, OHIO, 9 FLRA 118(1982) AND VETERANS
 ADMINISTRATION MEDICAL CENTER, FAYETTEVILLE NOTYH CAROLINA, 8 FLRA
 ADMINISTRATION&UEDICAL0CENTER,0FJYNTTNVILTE&NOTY H0CAROTIVA, 80FLZA NO.
 115(1982).
 
    /5/ THEREFORE, IT IS UNNECESSARY TO PASS UPON THE ACTIVITY'S
 ADDITIONAL ASSERTION THAT THE INCUMBENTS IN THE JOB CLASSIFICATION
 SUPERVISORY FIREFIGHTER, GS-081-10 SHOULD ALSO BE EXCLUDED FROM THE UNIT
 ON THE BASIS THAT THEY ARE MANAGEMENT OFFICIALS.