10:0668(111)CU - VA Medical Center, 555 Willard Avenue, Newington, CT and NAGE Local R1-109 -- 1982 FLRAdec RP
[ v10 p668 ]
10:0668(111)CU
The decision of the Authority follows:
10 FLRA No. 111
VETERANS ADMINISTRATION MEDICAL CENTER
555 WILLARD AVENUE, NEWINGTON, CONNECTICUT
Activity
and
NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R1-109 /1/
Petitioner
Case No. 1-CU-20005
DECISION AND ORDER CLARIFYING UNIT
Upon an amended 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 National Association of
Government Employees, Local R1-109 (NAGE) was recognized by the Activity
on April 15, 1966, as the exclusive bargaining representative for a unit
of all employees located at the Newington Veterans Administration
Medical Center. Essentially, the petition seeks to clarify the
bargaining unit status of Betty G. Wanczyk (Food Service worker Foreman,
WS-7408-1), Emylee Douglas (Food Service Worker Foreman, WS-7408-1) and
Betty Curnow (Supervisory Medical Clerk Trainee, GS-679-05), in view of
the Activity's contention that they are supervisors /2/ and must be
excluded from the bargaining unit.
The record establishes that Wanczyk assigns and directs work and
disciplines subordinates; that Douglas assigns and directs work, has
effectively recommended subordinates for promotion and awards, and has
disciplined subordinates; and Curnow assigns and directs work and has
effectively recommended the hiring of and 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, the Authority finds 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 Betty G. Wanczyk (Food
Service Worker Foreman, WS-7408-1), Emylee Douglas (Food Service Worker
Foreman, WS-7408-1) and Betty Curnow (Supervisory Medical Clerk Trainee,
GS-679-05).
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/ The names of the parties appear 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 . . . .