10:0679(115)CU - Homestead AFB, Homestead, FL and NFFE Local 1167 -- 1982 FLRAdec RP
[ v10 p679 ]
10:0679(115)CU
The decision of the Authority follows:
10 FLRA No. 115
HOMESTEAD AIR FORCE BASE,
HOMESTEAD, FLORIDA
Activity
and
NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1167
Petitioner
Case No. 4-CU-25
DECISION AND ORDER CLARIFYING UNIT
Upon a petition duly filed by 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 Federation of
Federal Employees, Local 1167 (NFFE) was recognized on July 3, 1967 as
the exclusive bargaining representative of a unit of all Air Force
civilian employees serviced by the Central Civilian Personnel Office at
Homestead Air Force Base, Florida. Essentially, the Petitioner seeks to
include in the recognized bargaining unit the incumbents in the job
classifications collectively characterized as shall shop chiefs. /1/
The Activity contends that the small shop chiefs are supervisors and
should be excluded from the unit. /2/
The record establishes, with regard to each of the disputed
positions, as follows: The Instrument Mechanic, WG-3359-11; the
Aircraft Electricians Systems Repairman, WG-2892-11; and the Painter,
WG-4102-10, assign and direct work and have effectively recommended the
hiring of subordinates; the Fabric Worker, WG-3105-09, assigns and
directs work, has effectively recommended the hiring of subordinates and
has effectively recommended subordinates for promotions and awards; and
the Powered Support System Mechanic (Aircraft), WG-3806-11, assign and
direct subordinates. /3/ 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, the Authority
finds that these incumbents are supervisors within the meaning of
section 7103(a)(10) of the Statute and must be excluded from the unit.
ORDER
In view of the above determinations, IT IS ORDERED that the petition
herein should be, and it hereby is, dismissed. Issued, Washington,
D.C., December 23, 1982
Ronald W. Haughton, Chairman
Henry B. Frazier III, Member
Leon B. Applewhaite, Member
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
/1/ At the hearing, the parties entered into a stipulation, which is
deemed a motion to amend and is hereby granted, to the effect that
incumbents in the job classifications of Airborne Electronic Computer
Repairer, WG-26104-12 and Aircraft Electrician, WG-2892-11 are
supervisors and should be excluded from the unit.
/2/ Section 7103(a)(10) of the Statutes 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 . . . .
/3/ The present incumbent of the Sheet Metal Mechanic (Aircraft),
WG-3806-11, position has only held this position for one month;
however, the record indicates that the incumbent is presently
interviewing candidates and has the authority to select among them to
fill a vacancy in his shop. Moreover, his predecessor assigned and
directed work and there is nothing to indicate that he will not exercise
the same authority.