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12:0231(52)CU - Naval Air Propulsion Center and AFGE Local 3673 -- 1983 FLRAdec RP

[ v12 p231 ]
The decision of the Authority follows:

 12 FLRA No. 52
 Labor Organization
                                            Case No. 2-CU-37
    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, the Authority finds:  The American Federation of
 Government Employees, Local 3673, AFL-CIO (AFGE) was certified in May
 1979, as the exclusive representative for a unit of all general schedule
 employees of the Naval Air Propulsion Center.  Essentially, the
 petition, as amended at the hearing, seeks to clarify the bargaining
 unit status of the 28 employees listed in the Appendix, seeking their
 exclusion on the basis that either they are supervisors or management
 officials.  /1/ SUPERVISORS
    In disagreement with the Activity/Petitioner, the Authority finds
 that the incumbents listed in the Appendix are not supervisors within
 the meaning of section 7103(a)(10) of the Statute.  /2/ Thus, the record
 establishes that although these incumbents 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 do
 these incumbents exercise any of the other statutory indicia of
 supervisory authority.  Accordingly, the Authority concludes that they
 are not supervisors and should remain in the unit.  MANAGEMENT OFFICIALS
    The Activity/Petitioner also contends that the employees listed in
 the Appendix are management officials and must be excluded from the unit
 on that basis.  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 these
 incumbents are highly trained professionals those actions assist in
 implementing, as opposed to shaping, the Activity's policies.  They
 currently do not exercise duties and 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, as
 interpreted by the Authority.  See U.S. Army Engineer Topographic
 Laboratories, Fort Belvoir, Virginia, 10 FLRA No. 26 (1982).
 Accordingly, the Authority finds that they are not management officials
 and thus should remain in the unit.
    IT IS ORDERED that the petition in Case No. 2 CU-37, be, and it
 hereby is, dismissed in its entirety.  Issued, Washington, D.C., June
 20, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
     Employees Alleged To Be Supervisors, and/or Management Officials
    Barrie Barclay, Aerospace Engineer, GS-861-13, PN 2296
    Joseph Bednarski, Aerospace Engineer, GS-861-13, PN 1913
    Joseph Boytos, Aerospace Engineer, GS-861-13, PN 1913.3
    Donald Brunda, Aerospace Engineer, GS-861-13, PN 1966
    Robert P. Burns, Aerospace Engineer, GS-861-13, PN 1930
    Roma Dejneka, Aerospace Engineer, GS-861-13, PN 1913.1
    Robert Dobrowolski, Aerospace Engineer, GS-861-13, PN 2295
    Salvatore Fiorello, Aerospace Engineer, GS-861-13, PN 1919.1
    Theodore Gensel, Mechanical Engineer, GS-830-13, PN 20002
    R. Harrer, Aerospace Engineer, GS-861-13, PN 2332
    Charles Houck, Jr., Aerospace Engineer, GS-861-13, PN 1931
    Francis L. Husted, Aerospace Engineer, GS-861-13, PN 1929
    Peter Karpovich, Aerospace Engineer, GS-861-13, PN 2342
    Anthony F. Klarman, Chemist, GS-1320-13, PN 2149
    Alexander Kush, Aerospace Engineer, GS-861-13, PN 1913.2
    Richard J. Lynch, Aerospace Engineer, GS-861-13, PN 0028
    John Malriat, Aerospace Engineer, GS-861-13, PN 2280
    Gaetan Mangano, Aerospace Engineer, GS-861-13, PN 2034
    Pasqale J. Mangione, Aerospace Engineer, GS-861-13, PN 2012
    John L. Palcza, Aerospace Engineer, GS-861-13, PN 2071
    Anthony Petruccione, Aerospace Engineer, GS-861-13, PN 1918.1
    James W. Phillips, Aerospace Engineer, GS-861-13, PN 1919
    Paul Piscopo, Aerospace Engineer, GS-861-13, PN 2335
    William A. Rich, Aerospace Engineer, GS-861-13, PN 1981
    Edward Stawski, Aerospace Engineer, GS-861-13, PN 1913.4
    Raymond Valori, Aerospace Engineer, GS-861-13, PN 2027
    Dennis A. Wysocki, Aerospace Engineer, GS-861-13, PN 2215
    Clarence Nowack, Chemist, GS-861-14, PN 2377
 --------------- FOOTNOTES$ ---------------
    /1/ Two of the positions originally in dispute were vacant at the
 time of the hearing:  Aerospace Engineer, GS-861-13, P.M. 1974A1, and
 Mechanical Engineer, GS-830-13, P.N. 2389.  The Authority will not make
 eligibility determinations for vacant positions.  U.S. Army Materials
 and Mechanics Research Center, 11 FLRA No. 46 (1983).  Accordingly, the
 Authority shall order that the petition be dismissed to the extent that
 it seeks to clarify the unit eligibility of these positions.
    /2/ 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. . . .
    /3/ 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 . . .