12:0595(108)CU - DOD, Navy, Naval Underwater Systems Center and NAGE -- 1983 FLRAdec RP

 12 FLRA No. 108
 
 DEPARTMENT OF DEFENSE, DEPARTMENT OF THE
 NAVY, NAVAL UNDERWATER SYSTEMS CENTER
 Activity
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES
 Petitioner
 
                                            Case No. 1-CU-49
 
                    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, the Authority finds:  The National Association of
 Government Employees (NAGE) was certified on May 21, 1976 as the
 exclusive representative for a unit of all professional nonsupervisory
 employees at the U.S. Department of the Navy, Naval Underwater Systems
 Center, Newport Laboratory, Newport, Rhode Island.  Essentially, the
 petition seeks to clarify the bargaining unit status of 6 employees
 based on the Activity's allegation that they are either supervisors
 and/or management officials.  /1/ SUPERVISORS
 
    The Activity contends that the following individuals are supervisors
 within the meaning of 7103(a)(10) of the Statute, /2/ and should be
 excluded from the unit:  Forrest Christiansen, Operations Research
 Analyst, GS-1515-13;  Leonard Mellberg, Operations Research Analyst,
 GS-1515-14;  Harry England, Operations Research Analyst, GS-1515-13;
 Derrill Bordelon, Operations Research Analyst, GS-1515-14;  David Olson,
 Operations Research Analyst, GS-1515-14;  and Augustine L'Etoile,
 Operations Research Analyst, GS-1515-14.  Of these, the record
 establishes that Christiansen assigns and directs work and has
 effectively recommended the hiring of subordinates and that these duties
 are not merely routine or clerical in nature, but require the consistent
 exercise of independent judgment.  Accordingly, Christiansen is a
 supervisor within the meaning of section 7103(a)(10) of the Statute and
 must be excluded from the unit.  /3/ The Authority further concludes
 that the remaining employees do not exercise any statutory indicia of
 supervisory authority;  accordingly, they are not supervisors within the
 meaning of section 7103(a)(10) of the Statute and should be included in
 the unit.  MANAGEMENT OFFICIALS /4/
 
    The Activity alternatively contends that Mellberg, England, Bordelon,
 Olson, and L'Etoile 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 the named incumbents are highly trained professionals whose
 actions assist in implementing, as opposed to shaping, the Activity's
 policies.  Thus, they currently do not exercise 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 as interpreted by the Authority.
 Accordingly, the Authority finds that they are not management officials
 and should be included in the bargaining unit.
 
                                   ORDER
 
    IT IS ORDERED that the unit sought to be clarified be, and it hereby
 is, clarified by excluding from said unit Forrest Christiansen,
 Operations Research Analyst, GS-1515-13;  and by including in said unit
 Leonard Mellberg, Operations Research Analyst, GS-1515-14;  Henry
 England, Operations Research Analyst, GS-1515-13;  Derrill Bordelon,
 Operations Research Analyst, GS-1515-14;  David Olson, Operations
 Research Analyst, GS-1515-14;  and Augustine L'Etoile, Operations
 Research Analyst, GS-1515-14.  Issued, Washington, D.C., August 16, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ During the course of the hearing, the parties stipulated that
 employees occupying the positions of Computer Specialist, GS-334;
 Occupational Health Nurse, GS-610;  Accountant, GS-510;  and Operations
 Research Analyst, GS-1515-12 should be included in the unit.  The
 Authority deems such stipulations to be motions to amend the petition
 which are hereby granted.
 
 
    /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/ It is therefore unnecessary to pass upon the Activity's assertion
 that he should also be excluded from the unit on the basis that he is a
 management official.
 
 
    /4/ 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.
       . . .