10:0487(80)CU - Army Armament Research and Development Command (ARRADCOM) and AFGE Local 225 -- 1982 FLRAdec RP

 10 FLRA No. 80
 
 U.S. ARMY ARMAMENT RESEARCH AND
 DEVELOPMENT COMMAND (ARRADCOM)
 Activity/Petitioner
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 225, AFL-CIO
 Labor Organization
 
                                            Case No. 2-CU-23
 
                    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 ARE HEREBY AFFIRMED.
 
    UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
 PARTIES' CONTENTIONS, THE AUTHORITY FINDS:  THE AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, LOCAL 225, AFL-CIO (AFGE) WAS CERTIFIED ON MAY 1,
 1980, AS THE EXCLUSIVE BARGAINING REPRESENTATIVE FOR A UNIT OF ALL
 NONPROFESSIONAL GENERAL SCHEDULE EMPLOYEES OF ARRADCOM IN DOVER, NEW
 JERSEY AND IN TENANT ACTIVITIES SERVICED BY THE ARRADCOM CIVILIAN
 PERSONNEL OFFICE.  ESSENTIALLY, ARRADCOM SEEKS TO EXCLUDE FROM THE
 RECOGNIZED UNIT 17 EMPLOYEES BASED ON THE ALLEGATION THAT THEY ARE
 SUPERVISORS.  THESE EMPLOYEES ARE, RESPECTIVELY, IN THE JOB
 CLASSIFICATIONS OF PROGRAM ANALYST (GS-345-13), MANAGEMENT ANALYST
 (GS-343-13), AND CONTRACT SPECIALIST (GS-1102-13).  /1/
 
    THE RECORD ESTABLISHES THAT THE PROGRAM ANALYST ASSIGNS AND DIRECTS
 WORK AND HAS EFFECTIVELY RECOMMENDED THE HIRING OF A SUBORDINATE;  THAT
 THE MANAGEMENT ANALYST HAS EFFECTIVELY RECOMMENDED THE HIRING OF AND
 AWARDS FOR SUBORDINATES;  AND THAT THE CONTRACT SPECIALISTS ASSIGN AND
 DIRECT WORK AND HAVE EFFECTIVELY RECOMMENDED AWARDS FOR SUBORDINATES.
 FURTHER, THE AUTHORITY FINDS THAT THE ABOVE DUTIES 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, /2/ AND THE
 AUTHORITY SHALL ORDER THAT THEY BE EXCLUDED FROM THE UNIT.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED HEREIN BE,
 AND IT HEREBY IS, CLARIFIED BY EXCLUDING FROM SAID UNIT THE INCUMBENTS
 IN THE FOLLOWING JOB CLASSIFICATIONS:  PROGRAM ANALYST (GS-345-13),
 MANAGEMENT ANALYST (GS-343-13), AND CONTRACT SPECIALIST (GS-1102-13).
 
    ISSUED, WASHINGTON, D.C., NOVEMBER 18, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ ARRADCOM'S MOTION AT THE HEARING TO AMEND ITS PETITION BY
 WITHDRAWING CERTAIN OTHER JOB CLASSIFICATIONS FROM CONSIDERATION HEREIN
 IS GRANTED.
 
    /2/ SECTION 7103(A)(10) 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 . . . .