11:0166(37)RO - Army, Office of the Project Manager, Patriot Air Defense Missile System, Darcom Redstone Arsenal, AL and AFGE Local 1858 -- 1983 FLRAdec RP

 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.  . . .