10:0682(116)CU - Agriculture, Forest Service, Pacific Northwest Region, Mt. Baker-Snoqualmie National Forest, Seattle, WA and NFFE Local 34, Independent; Agriculture, Forest Service, Pacific Northwest Region, Mt. Baker-Snoqualmie National Forest, Seattle, WA and NFFE Local 34, Independent -- 1982 FLRAdec RP

 10 FLRA No. 116
 
 U.S. DEPARTMENT OF AGRICULTURE
 FOREST SERVICE, PACIFIC NORTHWEST
 REGION, MT. BAKER-SNOQUALMIE
 NATIONAL FOREST
 SEATTLE, WASHINGTON
 Activity
 
 and
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 34, INDEPENDENT
 Labor Organization/Petitioner
 
                                            Case No. 9-CU-48
 
 U.S. DEPARTMENT OF AGRICULTURE
 FOREST SERVICE, PACIFIC NORTHWEST
 REGION, MT. BAKER-SNOQUALMIE
 NATIONAL FOREST
 SEATTLE, WASHINGTON
 Activity/Petitioner
 
 and
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 34, INDEPENDENT
 Labor Organization
 
                                            Case No. 9-CU-51
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    Upon petitions duly filed with the Federal Labor Relations Authority
 under section 7111(b)(2) of the Federal Service Labor-Management
 Relations Statute (the Statute), a consolidated 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 was certified on July 23, 1979 as the exclusive
 bargaining representative for a nationwide consolidated unit of all
 professional and nonprofessional employees of the Forest Service, U.S.
 Department of Agriculture.  /1/ In Case No. 9-CU-48, NFFE seeks to
 clarify the status of Lionel Compton, Civil Engineering Technician,
 GS-802-90, who the Activity contends should be excluded from the unit on
 the ground that he is a supervisor.  In Case No. 9-CU-51, the Activity
 seeks to clarify the status of James Maher, Civil Engineer, Right Away
 Specialist, GS-810-11, who it contends should be excluded from the unit
 on the ground that he is a supervisor.
 
    In Case No. 9-CU-48, the Authority finds, in agreement with NFFE,
 that Lionel Compton is not a supervisor within the meaning of section
 7103(a)(10) of the Statute.  /2/ Although Compton may have some
 responsibility for assigning work to his subordinate and directing him
 in the performance of that work, such functions are routine in nature
 and do not require the consistent exercise of independent judgment.  In
 this regard, Compton testified, without contradiction, that his
 relationship to his subordinate is that of a senior employee to a junior
 in which, as equal members of the team, they discuss each task to be
 done and plan a course of action.  Nor does Compton exercise any of the
 other statutory indicia of supervisory authority.  Accordingly, Compton
 shall remain in the unit.
 
    In Case No. 9-CU-51, the Authority finds, in agreement with the
 Activity, that James Maher is a supervisor within the meaning of section
 7103(a)(10) of the Statute.  Thus, the record establishes that Maher
 assigns and directs work of subordinates and that these duties are not
 merely routine or clerical in nature, but require the consistent
 exercise of independent judgment.  Accordingly, Maher must be excluded
 from the unit.
 
                                   ORDER
 
    IT IS HEREBY ORDERED that the unit sought to be clarified in Case
 Nos. 9-CU-48 and 9-CU-51 be, and it hereby is, clarified by including in
 said unit Lionel Compton, Civil Engineering Technician, GS-802-09 and by
 excluding from said unit James Maher, Civil Engineer, Right Away
 Specialist, GS-810-11.  /3/ 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/ The National Federation of Federal Employees, Local 34,
 Independent (NFFE), a constituent of the Forest Service Council, is the
 agent of the national union for that segment of employees in the
 nationwide unit located at Mt. Baker-Snoqualmie National Forest.
 
 
    /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 . . . .
 
 
    /3/ In view of the nationwide consolidation, the Authority finds that
 NFFE, Local 34's request to amend the earlier certification of its
 previously existing local unit, which was incorporated into the overall
 consolidated unit, is moot.  E300110A 11 FLRA (C.D.P. - 2/22/83)