13:0081(21)CU - State of New York, Division of Military and Naval Affairs, Public Security Building, State Campus Albany, NY and ACT, Inc. -- 1983 FLRAdec RP

 13 FLRA No. 21
 
 STATE OF NEW YORK, DIVISION OF
 MILITARY AND NAVAL AFFAIRS, PUBLIC
 SECURITY BUILDING, STATE CAMPUS
 ALBANY, NEW YORK
 Activity/Petitioner /1/
 
 and
 
 ASSOCIATION OF CIVILIAN TECHNICIANS, INC.
 Labor Organization
 
                                            Case No. 1-CU-30001
 
                    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 Association of Civilian
 Technicians, Inc. (ACT) was certified on May 26, 1970 as the exclusive
 representative for a unit of all Army, Air, Air Defense, and National
 Guard Technicians and employees in the United States Property and Fiscal
 Office located in the State of New York.  Essentially, the amended
 petition seeks to clarify the bargaining unit status of four employees
 based on the Activity/Petitioner's contention that they are supervisors.
 
    The Activity/Petitioner contends that Charles Demarest, Aircraft
 Electrician, WG-2892-11, F4218000;  David Schmidt, Aircraft Ordinance
 Systems Mechanic, WG-6652-11, F4544100;  Matthew Dutkiewicz, Pneudraulic
 Systems Mechanic, WG-8255-11, F4535100;  and William Baldwin, Fabric
 Worker, WG-3105-11, F9214000 are supervisors within the meaning of
 section 7103(a)(10) of the Statute and should be excluded from the unit.
  /2/ Of these, the record establishes that Demarest assigns and directs
 work, and has effectively recommended hiring of and awards for
 subordinates;  and that Baldwin assigns and directs work, handles
 grievances, and has effectively recommended the hiring of and promotions
 for subordinates.  The Authority further finds that these duties are not
 merely routine or clerical in nature, but require the consistent
 exercise of independent judgment.  Accordingly, Demarest and Baldwin are
 supervisors within the meaning of section 7103(a)(10) of the Statute and
 shall be excluded from the unit.
 
    The Authority further concludes that Schmidt and Dutkiewicz do not
 exercise any of the statutory indicia of supervisory authority.
 Accordingly, they are not supervisors within the meaning of section
 7103(a)(10) of the Statute and shall 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 Charles Demarest, Aircraft
 Electrician, WG-2892-11, F4218000 and William Baldwin, Fabric Worker,
 WG-3105-11, F9214000, and by including in said unit David Schmidt,
 Aircraft Ordinance Systems Mechanic, WG-6652-11, F4544100 and Matthew
 Dutkiewicz, Pneudraulic Systems Mechanic, WG-8255-11, F4535100.  Issued
 Washington, D.C., September 27, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ The name of the Activity/Petitioner appears as amended at the
 hearing.
 
 
    /2/ Section 7103(a)(10) of the Statute 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 . . . .