[ v11 p166 ]
The decision of the Authority follows:
11 FLRA No. 37 U.S. ARMY, OFFICE OF THE PROJECT MANAGER PATRIOT AIR DEFENSE MISSILE SYSTEM, DARCOM REDSTONE ARSENAL, ALABAMA Activity and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1858, AFL-CIO Labor Organization/Petitioner Case No. 4-RO-81 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed under section 7111(b)(1) 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 the entire record in this case, including the parties' contentions, the Authority finds: The American Federation of Government Employees, Local 1858, AFL-CIO (AFGE) seeks to represent a unit of currently unrepresented employees of the U.S. Army, Office of the Project Manager, Patriot Air Defense Missile System, DARCOM, Redstone Arsenal, Alabama (the Activity). The parties stipulated and the Authority finds, in accordance with the criteria set forth in section 7112 of the Statute, that the following constitutes an appropriate unit: Included: All employees of the Patriot Project Office, Huntsville, Alabama, including employees whose duty station is outside Huntsville, Alabama, and temporary employees with appointments of more than 90 days. Excluded: All management officials, supervisors, and employees described in section 7112(b)(2), (3), (4), (6) and (7) of the Federal Service Labor-Management Relations Statute. The issue to be decided is whether some 60 individuals in 25 job classifications are confidential employees, supervisors, or management officials. The petitioner claims that they are not and thus should be included in the unit; the Activity disagrees. /1/ Confidential Employees /2/ The Activity contends that the Budget Analyst (GS-560-09) is a confidential employee within the meaning of section 7103(a)(13) of the Statute and should be excluded from the unit. As Executive Secretary to the Merit Pay Board, the incumbent serves as the Assistant to the Activity's Deputy Project Manager. While the Deputy Project Manager may be involved with the formulation and effectuation of the Activity's labor relations policy, the incumbent's working relationship with him does not involve such activities. Accordingly, the Authority finds that the Budget Analyst is not a confidential employee within the meaning of section 7103(a)(13) of the Statute and should be included in the unit. Supervisors /3/ The Activity contends that the employees in the job classifications listed in Appendix A and known as "Team Leaders" or "Group Leaders" are supervisors and should be excluded from the unit. The record establishes that the "Team Leaders" or "Group Leaders" assign and direct work, have effectively recommended the hiring of subordinates, have effectively recommended awards and promotions for subordinates, and have effectively recommended the transfer of 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, the incumbents in the job classifications listed in Appendix A are supervisors within the meaning of section 7103(a)(10) of the Statute and must be excluded from the unit. /4/ Management Officials /5/ The Activity contends that the employees in the job classifications listed in Appendix B are management officials and should be excluded from the unit. In the lead case of Department of the Navy, Automatic Data Processing Selection Office, 7 FLRA No. 24 (1981), the Authority interpreted the statutory definition of "management official" to include those individuals who: (1) create, establish or prescribe general principles, plans, or courses of action for an agency; (2) decide upon or settle upon general principles, plans or courses of action for an agency; or (3) bring about or obtain a result as to the adoption of general principles, plans or courses of action for an agency. Applying these criteria to the instant case, the Authority finds that the incumbents listed in Appendix B are not management officials and should be included in the unit. The record establishes that these incumbents are highly trained professionals whose actions assist in implementing, as opposed to shaping, the Activity's general policies. Thus, the record is clear that these incumbents are not management officials in that they do not exercise any duties or responsibilities which require or authorize them to formulate, determine, or influence the policies of the Activity within the meaning of section 7103(a)(11) of the Statute. Accordingly, the Authority finds that these incumbents should be included in the bargaining unit. DIRECTION OF ELECTION An election by secret ballot shall be conducted among employees in the unit described above as soon as feasible. The appropriate Regional Director shall supervise or conduct the election, as appropriate, subject to the Authority's Rules and Regulations. Eligible to vote are those in the unit found appropriate herein who were employed during the payroll period immediately preceding the date below, including employees who did not work during that period because they were out ill, or on vacation or on furlough, including those in the military service who appear in person at the polls. Ineligible to vote are employees who have quit or were discharged for cause since the designated payroll period and who have not been rehired or reinstated before the election date. Those eligible shall vote on whether or not they desire to be represented for the purpose of exclusive recognition by the American Federation of Government Employees, Local 1858, AFL-CIO. Issued, Washington, D.C., January 28, 1983 Ronald W. Haughton, Chairman Henry B. Frazier III, Member Leon B. Applewhaite, Member FEDERAL LABOR RELATIONS AUTHORITY APPENDIX A Job Classification Of Incumbents Alleged To Be Supervisors Electronic Engineer, Team Leader, GS-855-14 Mechanical Engineer, Team Leader, GS-830-14 Operations Research Analyst, Team Leader, GS-1515-14 GENERAL ENGINEER, TEAM LEADER, GS-8010-14 Aerospace Engineer, Team Leader, GS-861-14 Industrial Specialist, Team Leader, GS-1150-14 APPENDIX B Job Classification Of Incumbents Alleged To Be Management Officials Quality Assurance Specialist, GS-1910-13 Supply Management Representative, GS-2003-13 Procurement Analyst, GS-1102-13 Program Analyst, GS-345-13 Logistic Management Specialist, GS-346-13 Industrial Specialist, GS-1150-13 Industrial Engineer, GS-896-13, 14 Operations Research Analyst, GS-1515-13 Electronic Engineer, GS-855-13, 14 General Engineer, GS-801-13, 14 Mechanical Engineer, GS-830-13 Aerospace Engineer, GS-861-13 Education Specialist, GS-1710-13 Procurement Officer, GS-1102-14 --------------- FOOTNOTES$ --------------- /1/ At the hearing, the parties stipulated that the Secretary to the Project Manager (GS-318-08), and the Secretary to the Deputy Project Manager (GS-318-07) are confidential employees and should be excluded from the unit and that the student aide should be excluded from the unit. These stipulations are deemed motions to amend the petition and are hereby granted. Accordingly, these positions will not be considered herein. /2/ Section 7103(a)(13) of the Statute defines a "confidential employee" as: . . . an employee who acts in a confidential capacity with respect to an individual who formulates or effectuates management policies in the field of labor-management relations(.) /3/ 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. . . . /4/ Thus, the Authority finds it unnecessary to pass upon the Activity's contention that these incumbents are also management officials, and they have not been listed in Appendix B. /5/ Section 7103(a)(11) of the Statute defines a "management official" as: . . . an individual employed by an agency in a position the duties and responsibilities of which require or authorize the individual to formulate, determine, or influence the policies of the agency. . . .