09:0896(121)CU - Air Force Flight Test Center, Edwards AFB, CA and International Association of Firefighters, Local F-53 -- 1982 FLRAdec RP

 9 FLRA No. 121
 
 AIR FORCE FLIGHT TEST CENTER
 EDWARDS AIR FORCE BASE, CALIFORNIA
 Activity
 
 and
 
 INTERNATIONAL ASSOCIATION OF
 FIREFIGHTERS, LOCAL F-53
 Petitioner
 
                                            Case No. 8-CU-29
 
                    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 HEREBY AFFIRMED.
 
    UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
 PARTIES' CONTENTIONS, THE AUTHORITY FINDS:  THE INTERNATIONAL
 ASSOCIATION OF FIREFIGHTERS, LOCAL F-53 (FIREFIGHTERS) WAS RECOGNIZED ON
 JULY 13, 1964, AS THE EXCLUSIVE BARGAINING REPRESENTATIVE FOR A UNIT OF
 ALL EMPLOYEES OF FIRE PROTECTION BRANCH, A.F.F.T.C., EDWARDS AIR FORCE
 BASE.  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 OR MANAGEMENT
 OFFICIALS.
 
    SUPERVISORS /1/
 
    THE ACTIVITY CONTENDS THAT THE INCUMBENTS IN THE JOB CLASSIFICATIONS
 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 OF SUPERVISORY
 FIREFIGHTER, GS-081-10, ASSIGN WORK, ADJUST GRIEVANCES, DISCIPLINE AND
 PROMOTE SUBORDINATES, AND HAVE EFFECTIVELY RECOMMENDED SUBORDINATES FOR
 AWARDS;  AND THAT THE INCUMBENTS IN THE JOB CLASSIFICATION OF
 SUPERVISORY FIREFIGHTER, GS-081-07, PROMOTE, ADJUST GRIEVANCES AND
 DISCIPLINE SUBORDINATES.  FURTHER, THE RECORD REFLECTS AND THE AUTHORITY
 FINDS THAT THESE INCUMBENTS DEVOTE A PREPONDERANCE OF THEIR EMPLOYMENT
 TIME IN EXERCISING SUCH DUTIES /2/ WHICH 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 SHALL BE EXCLUDED FROM
 THE UNIT.  /3/
 
    MANAGEMENT OFFICIAL /4/
 
    THE ACTIVITY CONTENDS THAT THE EMPLOYEE IN THE JOB CLASSIFICATION OF
 FIRE PROTECTION SPECIALIST (TRAINING), GS-081-09 IS A MANAGEMENT
 OFFICIAL 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 PRINCIPLE, PLANS, OR COURSES OF ACTION
 FOR 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 INCUMBENT IN THE JOB CLASSIFICATION OF FIRE
 PROTECTION SPECIALIST (TRAINING), GS-081-09, IS A PROFESSIONAL WHOSE
 ACTIONS ASSIST IN IMPLEMENTING, AS OPPOSED TO SHAPING, THE ACTIVITY'S
 POLICIES.  THUS THE RECORD IS CLEAR THAT THIS INCUMBENT IS NOT A
 MANAGEMENT OFFICIAL IN THAT HE DOES NOT EXERCISE ANY DUTIES AND
 RESPONSIBILITIES WHICH REQUIRE OR AUTHORIZE HIM TO FORMULATE, DETERMINE,
 OR IMPLEMENT THE POLICIES OF THE ACTIVITY WITHIN THE MEANING OF SECTION
 7103(A)(11) OF THE STATUTE. ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT
 THIS INCUMBENT REMAIN IN THE BARGAINING UNIT.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED HEREIN BE,
 AND IT HEREBY IS, CLARIFIED TO INCLUDE THE INCUMBENT IN THE JOB
 CLASSIFICATION OF FIRE PROTECTION SPECIALIST (TRAINING) GS-081-09.
 
    IT IS FURTHER ORDERED THAT, WITH REGARD TO ALL OTHER JOB
 CLASSIFICATIONS SOUGHT TO BE INCLUDED, BUT WHICH THE AUTHORITY HAS FOUND
 MUST BE EXCLUDED FROM THE BARGAINING UNIT, THE PETITION IS HEREBY
 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 FIRE DEPARTMENT, 4392D AEROSPACE SUPPORT GROUP, VANDENBURG
 AIR FORCE BASE, CALIFORNIA, 9 FLRA NO. 119(1982) AND VETERANS
 ADMINISTRATION MEDICAL CENTER, FAYETTEVILLE, NORTH CAROLINA, 8 FLRA NO.
 115(1982).
 
    /3/ THEREFORE IT IS UNNECESSARY TO PASS UPON THE ACTIVITY'S
 ADDITIONAL ASSERTION THAT THE INCUMBENTS IN THE JOB CLASSIFICATION
 SUPERVISOR FIREFIGHTER, GS-081-10 SHOULD ALSO BE EXCLUDED FROM THE UNIT
 ON THE BASIS THAT THEY ARE MANAGEMENT OFFICIALS.
 
    /4/ 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(.)