10:0402(66)CU - Air Force, Eglin AFB, Eglin AFB, FL and NFFE Local 1940 -- 1982 FLRAdec RP

 10 FLRA No. 66
 
 UNITED STATES AIR FORCE
 EGLIN AIR FORCE BASE
 EGLIN AIR FORCE BASE, FLORIDA
 Activity/Petitioner
 
 and
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 1940
 Labor Organization
 
                                            Case No. 4-CU-36
 
                    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, /1/ THE AUTHORITY FINDS:  NFFE WAS CERTIFIED ON
 OCTOBER 29, 1979, AS THE EXCLUSIVE BARGAINING REPRESENTATIVE FOR A UNIT
 OF ALL APPROPRIATED FUND CIVIL SERVICE PROFESSIONAL EMPLOYEES ASSIGNED
 TO THE EGLIN AIR FORCE BASE COMPLEX WHO ARE SUBJECT TO THE PERSONNEL
 ADMINISTRATION AUTHORITY OF THE EGLIN AIR FORCE BASE COMMANDER.
 ESSENTIALLY, THE ACTIVITY/PETITIONER SEEKS TO EXCLUDE FROM THE
 RECOGNIZED UNIT FIVE EMPLOYEES IN THREE JOB CLASSIFICATIONS BASED ON THE
 ALLEGATION THAT THEY ARE SUPERVISORS, MANAGEMENT OFFICIALS OR BOTH.  /2/
 
                              SUPERVISORS /3/
 
    THE ACTIVITY/PETITIONER CONTENDS THAT RONALD BOULET, GENERAL
 ENGINEER, GS-801-14;  ROBERT ERHART, ELECTRONICS ENGINEER, GS-885-14;
 LEROY STABLES, PHYSICIST, GS-1310-14;  JOHN COLLINS, PHYSICIST,
 GS-1310-13;  AND MICHAEL NAPOLI, ELECTRONICS ENGINEER, GS-855-13 ARE
 SUPERVISORS AND SHOULD BE EXCLUDED FROM THE UNIT.  OF THESE, THE RECORD
 ESTABLISHES THAT ERHART ASSIGNS WORK, HAS EFFECTIVELY RECOMMENDED THE
 HIRING OF SUBORDINATES, AND HAS EFFECTIVELY RECOMMENDED PROMOTIONS AND
 AWARDS FOR SUBORDINATES;  AND THAT STABLES HAS EFFECTIVELY RECOMMENDED
 AWARDS FOR SUBORDINATES.  THE AUTHORITY FURTHER FINDS THAT THE ABOVE
 DUTIES ARE NOT MERELY ROUTINE OR CLERICAL IN NATURE, BUT REQUIRE THE
 CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT.  ACCORDINGLY, ERHART AND
 STABLES ARE SUPERVISORS WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE
 STATUTE AND SHALL BE EXCLUDED FROM THE UNIT.
 
    THE AUTHORITY CONCLUDES THAT THE REMAINING EMPLOYEES 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 THEM 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 POSITIONS EXERCISE
 ANY OF THE OTHER STATUTORY INDICIA OF SUPERVISORY AUTHORITY.
 ACCORDINGLY, THE AUTHORITY FINDS THAT THEY SHOULD REMAIN IN THE UNIT.
 
    MANAGEMENT OFFICIAL /4/
 
    THE ACTIVITY/PETITIONER CONTENDS THAT RONALD BOULET, GENERAL
 ENGINEER, GS-801-14, 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
 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 BOULET IS NOT A MANAGEMENT
 OFFICIAL AND SHOULD BE INCLUDED IN THE UNIT.  THE RECORD ESTABLISHES
 THAT BOULET IS A PROFESSIONAL WHOSE ACTIONS ASSIST IN IMPLEMENTING, AS
 OPPOSED TO SHAPING, THE ACTIVITY'S POLICIES.  THUS, BOULET IS NOT A
 MANAGEMENT OFFICIAL IN THAT HE DOES NOT EXERCISE ANY DUTIES OR
 RESPONSIBILITIES WHICH REQUIRE OR AUTHORIZE HIM TO FORMULATE, DETERMINE,
 OR INFLUENCE THE POLICIES OF THE ACTIVITY WITHIN THE MEANING OF SECTION
 7103(A)(11) OF THE STATUTE.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED HEREIN BE,
 AND IS HEREBY, CLARIFIED BY EXCLUDING FROM SAID UNIT ROBERT ERHART,
 ELECTRONICS ENGINEER, GS-855-14;  AND LEROY STABLES, PHYSICIST,
 GS-1310-14.
 
    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., OCTOBER 22, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ AS THE BRIEF FILED BY THE NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 1940 (NFFE) WAS UNTIMELY FILED, IT HAS NOT BEEN
 CONSIDERED HEREIN.
 
    /2/ THE ACTIVITY/PETITIONER ORIGINALLY SOUGHT TO CLARIFY THE UNIT BY
 EXCLUDING 285 EMPLOYEES IN 30 JOB CLASSIFICATIONS ON THE GROUND THAT
 THEY WERE MANAGEMENT OFFICIALS.  WHEN THE HEARING BEGAN, THE PARTIES
 STATED THAT THEY HAD REACHED AGREEMENT ON 235 EMPLOYEES IN 20 JOB
 CLASSIFICATIONS AND ASKED FOR AN ADJOURNMENT TO CONSIDER THE REMAINING
 50 EMPLOYEES IN 10 JOB CLASSIFICATIONS.  WHEN THE HEARING RECONVENED,
 THE PARTIES HAD AGREED ON AN ADDITIONAL 44 EMPLOYEES IN 7 JOB
 CLASSIFICATIONS, LEAVING 6 EMPLOYEES IN 3 JOB CLASSIFICATIONS IN
 DISPUTE.  DURING THE COURSE OF THE HEARING, THE PARTIES STIPULATED THAT
 LARRY ELKINS, CHEMICAL ENGINEER, GS-893-14 WAS A MANAGEMENT OFFICIAL AND
 SHOULD BE EXCLUDED FROM THE UNIT.  THE AUTHORITY DEEMS THE PARTIES'
 STIPULATION TO BE A MOTION TO AMEND THE PETITION WHICH ACCORDINGLY IT
 HEREBY GRANTS.
 
    /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.  . . .
 
    /6/ 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.  . . .