11:0176(39)CU - VA Washington, DC and VA Medical Center, Salisbury, NC and AFGE; VA Washington, DC and VA Medical Center, Salisbury, NC and AFGE -- 1983 FLRAdec RP
[ v11 p176 ]
11:0176(39)CU
The decision of the Authority follows:
11 FLRA No. 39
VETERANS ADMINISTRATION,
WASHINGTON, D.C. AND
VETERANS ADMINISTRATION
MEDICAL CENTER,
SALISBURY, NORTH CAROLINA
Agent/Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
Labor Organization/Petitioner
Case No. 4-CU-45
VETERANS ADMINISTRATION,
WASHINGTON, D.C. AND
VETERANS ADMINISTRATION
MEDICAL CENTER,
SALISBURY, NORTH CAROLINA
Agency/Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
Labor Organization/Petitioner
Case No. 4-CU-46
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: In Case No. 4-CU-45, the
Labor Organization/Petitioner (AFGE) /1/ seeks to clarify the status of
Sandra Oliphant, Personnel Assistant, GS-203-06, who the Agency/Activity
contends should be excluded from the recognized bargaining unit on the
ground that she is an employee engaged in Federal personnel work in
other than a purely clerical capacity. /2/
In Case No. 4-CU-46, /3/ AFGE seeks to clarify the status of 19
employees in the job classification of Head Nurse who it contends should
be included in the unit regardless of their supervisory functions since
they do not devote a preponderance of their employment time to such
functions.
With regard to Case No. 4-CU-45, the Authority finds that Oliphant is
an employee engaged in Federal personnel work in other than a purely
clerical capacity within the meaning of section 7112(b)(3) of the
Statute and should be excluded from the bargaining unit. Although
assigned as the assistant to the Personnel Management Specialist,
Oliphant spends the majority of her time doing work related to the
Workers' Compensation and Retirement and Death Benefit Programs. She is
the Activity's resource person in these areas and, as such, counsels
employees and answers their questions on any problems they may encounter
with regard to the programs. Further, with regard to the Workers'
Compensation Program she is responsible for seeing that all paperwork is
properly and speedily processed. After reviewing the paperwork, she has
the authority on behalf of the Activity to authorize medical treatment
and to authorize the continuation of pay to affected employees.
Based on the above, the Authority finds that Oliphant is engaged in
personnel work as contemplated by section 7112(b)(3), that is, work
relating directly to the personnel operations of her own employing
activity, in other than a purely clerical capacity. Accordingly, she
shall be excluded from the bargaining unit.
In Case No. 4-CU-46, the Authority finds that the Head Nurses listed
in the Appendix are supervisors within the meaning of section
7103(a)(10) of the Statute /4/ and must be excluded from the bargaining
unit. Thus, the record establishes that the Head Nurse assign work,
discipline subordinates and have effectively recommended subordinates
for awards. While the Head Nurses are directly involved with patient
care, their main responsibility is to supervise nursing activities in
their units. /5/ Accordingly the Authority finds that the Head Nurses
devote a preponderance of their employment time to the exercise of such
supervisory authority which is not merely routine or clerical in nature,
but requires the consistent exercise of independent judgment.
ORDER
IT IS HEREBY ORDERED that the petitions in Case Nos. 4-CU-45 and
4-CU-46 be, and they hereby are, dismissed. 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
HEAD NURSES ALLEGED TO BE SUPERVISORS
Melba Hunter
Betty Westmoreland
Margaret Floyd
Peggy Huffman
Virginia Graves
Betty Rufty
Dianna Lemons
Betty Chester
Glenda Whitman
Doretta Murphy
Jean Hedrick
Rebecca Alexander
Amy Halverson
Mildred Huff
India Monroe
Wanda Brandt
Martha Legrand
Charlena Garrison
Faye Smith
--------------- FOOTNOTES$ ---------------
/1/ AFGE was certified on February 28, 1980 as the exclusive
bargaining representative of a nationwide consolidated unit of
nonprofessional employees of the Veterans Administration.
/2/ The joint stipulation of the parties at the hearing is deemed a
motion to amend the petition by withdrawing certain other individuals
from consideration herein; this motion is granted.
/3/ AFGE was certified on February 28, 1980 as the exclusive
bargaining representative for a nationwide consolidated unit of
professional employees of the Veterans Administration.
/4/ 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, except that, with respect to any
unit which includes firefighters or nurses, the term 'supervisor'
includes only those individuals who devote a preponderance of
their employment time to exercising such authority(.)
/5/ See Veterans Administration Medical Center, Fayetteville, North
Carolina, 8 FLRA No. 115 (1982).