10:0505(87)CU - NG Bureau, Maine Air NG, Camp Keyes, Augusta, ME and AFGE Local 3013 -- 1982 FLRAdec RP

 10 FLRA No. 87
 
 NATIONAL GUARD BUREAU
 MAINE AIR NATIONAL GUARD
 CAMP KEYES
 AUGUSTA, MAINE
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 3013 /1/
 Labor Organization/Petitioner
 
                                            Case No. 1-CU-51
 
                    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, AFL-CIO, LOCAL 3013 (AFGE) WAS CERTIFIED ON
 SEPTEMBER 7, 1979, AS THE EXCLUSIVE BARGAINING REPRESENTATIVE FOR A UNIT
 OF ALL WAGE GRADE AND GENERAL SCHEDULE CIVILIAN EMPLOYEES OF THE MAINE
 AIR NATIONAL GUARD, LOCATED AT BANGOR INTERNATIONAL AIRPORT AND SOUTH
 PORTLAND, MAINE.  THE PETITIONER CONTENDS THAT LEONARD A. LAWSON,
 NONDESTRUCTIVE TESTOR, WG-5439-11 AND EDWARD J. ST. HEART, JR., AIRCRAFT
 ELECTRICIAN, WG-2892-11 (BOTH OF WHOM ARE CHARACTERIZED AS SMALL SHOP
 CHIEFS) ARE NOT SUPERVISORS AND SHOULD BE INCLUDED IN THE BARGAINING
 UNIT.  /2/ THE ACTIVITY DISAGREES.  THE RECORD ESTABLISHES THAT LAWSON
 ASSIGNS AND DIRECTS WORK AND HAS EFFECTIVELY RECOMMENDED THE HIRING OF A
 SUBORDINATE.  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, LAWSON IS A SUPERVISOR
 WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE STATUTE AND SHALL BE
 EXCLUDED FROM THE UNIT.
 
    THE AUTHORITY FURTHER CONCLUDES THAT ST. HEART IS NOT A SUPERVISOR
 WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE STATUTE, AS THE RECORD
 INDICATES THAT HE DOES NOT EXERCISE ANY OF THE STATUTORY INDICIA OF
 SUPERVISORY AUTHORITY.  ACCORDINGLY, HE SHALL REMAIN IN THE UNIT.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED HEREIN BE,
 AND HEREBY IS, CLARIFIED BY EXCLUDING FROM SAID UNIT LEONARD A. LAWSON,
 NONDESTRUCTIVE TESTOR, WG-5439-11, AND BY INCLUDING IN SAID UNIT EDWARD
 J. ST. HEART, JR., AIRCRAFT ELECTRICIAN, WG-2892-11.
 
    ISSUED, WASHINGTON, D.C., NOVEMBER 19, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ THE NAME OF THE LABOR ORGANIZATION/PETITIONER APPEARS AS AMENDED
 AT THE HEARING.
 
    /2/ 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.  . . .