12:0103(28)CU - Transportation, Office of the Secretary of Transportation and Local 3313, AFGE -- 1983 FLRAdec RP

 12 FLRA No. 28
 
 U.S. DEPARTMENT OF TRANSPORTATION
 OFFICE OF THE SECRETARY OF TRANSPORTATION
 Activity
 
 and
 
 LOCAL 3313, AMERICAN FEDERATION
 OF GOVERNMENT EMPLOYEES, AFL-CIO
 Labor Organization/Petitioner
 
                                            Case No. 3-CU-20019
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    Upon a petition duly filed with 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.  /1/
 
    Upon careful consideration of the entire record, including the
 parties' contentions, the Authority finds:  Local 3313, American
 Federation of Government Employees, AFL-CIO (AFGE) was certified on June
 17, 1974, as the exclusive bargaining representative for a unit of all
 professional employees of the Activity.  AFGE seeks herein to continue
 to include in its unit two employees, Jane Lawson, Economist GS-110-15,
 (Job Position No. 79-618) and Ralis Pieridies, Regulations Specialist
 GM-301-15, (Job Position No. 82-117) /2/ who the Activity alleges must
 be excluded from the unit, since they are management officials within
 the meaning of section 7103(a)(11) of the Statute.  /3/
 
    The record reflects that Lawson, as an economist in the Activity's
 Economics Studies Division, Office of Economics, is primarily
 responsible for analysis and development of economic data relating to
 transportation activities.  She assists in developing action
 alternatives which others in the Activity's hierarchy utilize in the
 development and implementation of Activity policy.  Pieridies is a
 regulations specialist on the Deepwater Port Staff, Economic Studies
 Division.  Under the direction of a supervisor, he utilizes his civil
 engineering background and deepwater port regulating experience to
 recommend new regulations, implement existing regulations, and review
 legislative proposals involving deepwater ports.
 
    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.  In applying these
 criteria to the instant case, the Authority finds that neither Lawson
 nor Pieridies are management officials.  Thus, while they may assist in
 the development and implementation of Activity policy, they are not
 management officials within the meaning of section 7103(a)(11) of the
 Statute as interpreted by the Authority in Department of the Navy.
 Rather, they are more akin to experts rendering useful resource
 information.
 
                                   ORDER
 
    IT IS HEREBY ORDERED that the unit sought to be clarified herein be,
 and it hereby is, clarified by continuing to include in said unit Jane
 Lawson, Economist, GS-110-15;  and Ralis Pieridies, Regulations
 Specialist, GM-301-15.  Issued, Washington, D.C., June 2, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ The Activity filed a motion to disqualify the hearing officer
 which was denied by the Authority on January 27, 1983.
 
 
    /2/ AFGE amended its petition at the hearing by withdrawing from
 consideration by the Authority the incumbents of two other positions.
 
 
    /3/ Section 7103(a)(11) 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.
       . . .