10:0666(110)CU - Army Missile Command, Redstone Arsenal, Huntsville, AL and AFGE Local 1858 -- 1982 FLRAdec RP
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10:0666(110)CU
The decision of the Authority follows:
10 FLRA No. 110
UNITED STATES ARMY MISSILE COMMAND,
REDSTONE ARSENAL, HUNTSVILLE, ALABAMA
Activity/Petitioner
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1858
Labor Organization
Case No. 4-CU-31
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, AFL-CIO, Local 1858 (AFGE) was recognized on March
8, 1967 as the exclusive bargaining representative for a unit of all
current and future eligible civilian employees of the U.S. Army Missile
Command and the U.S. Army Communications Command, Redstone Arsenal,
Alabama. Essentially, the petition seeks to clarify the bargaining unit
status of the incumbents in the job classifications of Procurement and
Production Officer, GS-1101-14; and Program Analyst, GS-0345-13, based
on the Activity's contention that they are supervisors. /1/
The Authority finds, in agreement with the Activity/Petitioner, that
the employees in the job classifications of Procurement and Production
Officer, GS-1101-14; and Program Analyst, GS-0345-13, are supervisors
within the meaning of section 7103(a)(10) of the Statute. /2/ Thus, the
record establishes that the Procurement and Production Officer,
GS-1101-14, assigns and directs work, has hired subordinates, and has
effectively recommended subordinates for awards; and that the Program
Analyst, GS-0345-13, assigns and directs work and has effectively
recommended the hiring of and 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 and must be excluded from the unit.
ORDER
IT IS 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: Procurement and Production Officer,
GS-1101-14, and Program Analyst, GS-0345-13. Issued, Washington, D.C.,
December 16, 1982
Ronald W. Haughton, Chairman
Henry B. Frazier III, Member
Leon B. Applewhaite, Member
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
/1/ During the course of the hearing, the Activity, with the
agreement of AFGE and the hearing officer, amended its petition by
withdrawing certain job classifications from consideration by the
Authority.
/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 . . . .