12:0116(31)CU - 2750th Air Base Wing, Air Force Logistics Command, Wright-Patterson AFB, OH and AFGE Council No. 214 -- 1983 FLRAdec RP

 12 FLRA No. 31
 
 2750th AIR BASE WING,
 AIR FORCE LOGISTICS COMMAND,
 WRIGHT-PATTERSON AIR FORCE BASE, OHIO
 Activity/Petitioner
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, COUNCIL NO. 214 /1/
 Labor Organization
 
                                            Case No. 5-CU-42
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    Upon a petition duly filed with the 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.
 
    Upon careful consideration of the entire record, including the
 parties' contentions, /2/ the Authority finds:  The American Federation
 of Government Employees, Council No. 214 (AFGE) was certified as the
 exclusive representative for a consolidated unit of all nonprofessional
 employees of the Air Force Logistics Command, Wright-Patterson Air Force
 Base, Ohio.  Essentially, the petition herein seeks to clarify the
 bargaining unit status of nine incumbents.  /3/
 
    The Activity/Petitioner contends that the following individuals are
 supervisors within the meaning of section 7103(a)(10) of the Statute,
 /4/ and should be excluded from the unit:  John J. Glaser, Logistics
 Management Specialist, GS-346-13, P.N. 27418-002;  Louis L. Dalton,
 Logistics Management Specialist, GS-346-13, P.N. 27418-003;  Thomas
 Showers, Logistics Management Specialist, GS-346-13, P.N. 27418-005;
 Dominick Colucci, Logistics Management Specialist, GS-346-13, P.N.
 27417-001;  Charles B. Jackson, Logistics Management Specialist,
 GS-346-13, P.N. 27417-002;  David C. Lyons, Logistics Management
 Specialist, GS-346-13, P.N. 27417-003;  James F. Glidewell, Logistics
 Management Specialist, GS-346-13, P.N. 27417-004;  Rose M. Wright,
 Inventory Management Specialist, GS-2010-13, P.N. 19211-001;  and Albert
 D. Enge, Supply Systems Analyst, GS-2003-13, P.N. 27301-001.  Of these,
 the record establishes that Glidewell assigns and directs work and has
 effectively recommended the hiring of subordinates.  The Authority
 further finds that the above duties are not merely routine or clerical
 in nature, but require the consistent exercise of independent judgment.
 Accordingly, Glidewell is a supervisor within the meaning of section
 7103(a)(10) of the Statute and shall be excluded from the unit.
 
    The Authority further concludes that although the remaining employees
 may, on occasion, direct or assign work to subordinates, such functions
 are routine in nature and do not require the consistent exercise of
 independent judgment.  Nor does it appear from the record that these
 employees exercise any of the other statutory indicia of supervisory
 authority.  Accordingly, the Authority concludes that they are not
 supervisors within the meaning of section 7103(a)(10) of the Statute and
 thus should remain in the unit.
 
                                   ORDER
 
    IT IS ORDERED that the unit sought to be clarified herein is hereby
 clarified by excluding from said unit James F. Glidewell, Logistics
 Management Specialist, GS-346-13, P.M. 27417-004.
 
    IT IS FURTHER ORDERED that, with regard to all other individuals
 sought to be excluded herein, the petition be, and it hereby is,
 dismissed.  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 name of the Labor Organization appears as amended at the
 hearing.
 
 
    /2/ As the Activity/Petitioner's brief was untimely filed, it has not
 been considered.
 
 
    /3/ During the course of the hearing, the parties stipulated that
 certain employees were supervisors and should be excluded from the unit.
  The parties further stipulated that certain other job classifications
 should be removed from consideration herein.  The Authority deems such
 stipulations to be motions to amend the petition which are hereby
 granted.
 
    Further, one of the positions in dispute was vacant at the time of
 the hearing:  Logistics Management Specialist, GS-346-13, P.N.
 27418-001.  The Authority will not make eligibility determinations for
 vacant positions.  U.S. Army Materials and Mechanics Research Center, 11
 FLRA No. 46 (1983), at n.3.  Accordingly, the Authority shall order that
 the petition be dismissed to the extent that it seeks to clarify the
 unit eligibility of this position.
 
 
    /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.  . . .