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10:0301(55)CU - VA Medical Center, Bronx, NY and AFGE Local 1168 -- 1982 FLRAdec RP



[ v10 p301 ]
10:0301(55)CU
The decision of the Authority follows:


 10 FLRA No. 55
 
 VETERANS ADMINISTRATION MEDICAL
 CENTER, BRONX, NEW YORK
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 1168, AFL-CIO
 Petitioner
 
                                            Case No. 2-CU-33
 
                    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 ARE HEREBY AFFIRMED.
 
    UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
 PARTIES' CONTENTIONS, THE AUTHORITY FINDS:  THE AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, LOCAL 1168, AFL-CIO (AFGE) WAS RECOGNIZED ON
 JANUARY 7, 1963, AS THE EXCLUSIVE BARGAINING REPRESENTATIVE FOR A UNIT
 OF ALL FULL-TIME AND PART-TIME PERMANENT NONPROFESSIONAL EMPLOYEES ON
 THE PAYROLL OF THE HOSPITAL.  ESSENTIALLY, THE AFGE'S PETITION SEEKS TO
 CLARIFY THE STATUS OF WILLIAM GREEN, SUPERVISORY SUPPLY CLERK,
 GS-2005-05, WHO THE ACTIVITY CONTENDS SHOULD BE EXCLUDED FROM THE
 BARGAINING UNIT ON THE GROUNDS THAT HE IS A SUPERVISOR.
 
    THE AUTHORITY FINDS, IN AGREEMENT WITH THE AFGE THAT WILLIAM GREEN,
 SUPERVISORY SUPPLY CLERK, GS-2005-05, IS NOT A SUPERVISOR WITHIN THE
 MEANING OF SECTION 7103(A)(10) OF THE STATUTE.  /1/ THUS, THE RECORD
 ESTABLISHES THAT ALTHOUGH THE INCUMBENT MAY HAVE SOME RESPONSIBILITY FOR
 ASSIGNING WORK TO CERTAIN EMPLOYEES AND DIRECTING THEM IN THE
 PERFORMANCE OF THAT WORK, SUCH FUNCTIONS TO DATE HAVE BEEN ROUTINE IN
 NATURE AND DO NOT REQUIRE THE CONSISTENT EXERCISE OF INDEPENDENT
 JUDGMENT.  /2/ NOR DOES THE INCUMBENT EXERCISE ANY OF THE OTHER
 STATUTORY INDICIA OF SUPERVISORY AUTHORITY.  ACCORDINGLY, THE AUTHORITY
 FINDS THAT WILLIAM GREEN, SUPERVISORY SUPPLY CLERK, GS-2005-05, SHOULD
 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 INCLUDING IN SAID UNIT, WILLIAM GREEN,
 SUPERVISORY SUPPLY CLERK, GS-2005-05.
 
    ISSUED, WASHINGTON, D.C., SEPTEMBER 30, 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 "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.  . . .
 
    /2/ THE INCUMBENT, WHO HAS HELD THIS POSITION FOR ONLY FIVE MONTHS AT
 THE TIME OF THE HEARING, TESTIFIED THAT AS HE WAS NEW TO THIS AREA AND
 SINCE THE EMPLOYEES THERE WERE MUCH MORE EXPERIENCED THAN HE, THERE WAS
 LITTLE SUPERVISION THAT HE COULD GIVE THEM.