13:0084(22)CU - Agriculture, Forest Service and NFFE Local 60 -- 1983 FLRAdec RP

 13 FLRA No. 22
 
 UNITED STATES DEPARTMENT OF AGRICULTURE
 FOREST SERVICE
 Activity
 
 and
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 60
 Petitioner
 
                                            Case No. 7-CU-37
 
                    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.
 
    Upon careful consideration of the entire record, including the
 parties' contentions, the Authority finds:  The National Federation of
 Federal Employees (NFFE) was certified on July 23, 1979 as the exclusive
 representative of a nationwide consolidated unit of professional
 employees and a separate nationwide consolidated unit of all
 nonprofessional employees of the United States Department of
 Agriculture, Forest Service.  /1/ Essentially the petition seeks to
 clarify the bargaining unit status of fifteen employees in view of the
 Activity's contentions that they are management officials /2/ and must
 be excluded from the bargaining unit.  /3/
 
    The Activity contends that the employees listed in the Appendix are
 management officials and should be excluded from the unit.  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 Billy Hicks (Geologist,
 GS-1350-13), Robert Gale (Wildlife Biologist, GS-486-13), Ernestine
 Green (Archeologist, GS-193-13), Ronald Rhoads (Landscape Architect,
 GS-807-13), Allen Hearst (Forest Products Technologist, GS-1380-13),
 Joseph Gorsch (Forester, GS-460-13), and Peter Laird (Forester,
 GS-460-13) are management officials and shall order their exclusion from
 the bargaining unit.  Thus the record establishes that Hicks has created
 a nationwide policy for the management of the geological resources
 program throughout the Forest Service and has developed regional policy
 in the area of paleontology and other aspects of the regional geology
 programs;  that Gale has developed nationwide policy with respect to
 threatened and endangered species and has developed regional procedures
 for integrating oil and gas leasing with threatened and endangered
 species' needs;  that Green has developed policies at the national and
 regional level in the area of preservation of cultural resources;  that
 Rhoads has developed regional policies with respect to landscape
 management;  that Hearst has developed regional policy in the area of
 forest products utilization and represents the Activity on the Idaho
 Woodland Council where he has signatory authority to bind the Activity
 and its resources;  that Gorsch has developed regional policy by setting
 standards and guidelines for helicopter use in logging and for the
 mechanics of getting the timber from the stump to the truck;  and that
 Laird has developed regional policy in the area of reforestation and
 silviculture.  It follows that their responsibilities require and
 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.
 
    With respect to the other alleged management officials, the Authority
 finds they are professionals whose actions assists in implementing as
 opposed to shaping, the Activity's policies.  Thus, the record is clear
 that these incumbents are not management officials in that they do not
 exercise any 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).  Accordingly, the Authority
 finds that these incumbents should remain in the bargaining unit.
 
                                   ORDER
 
    IT IS ORDERED that the unit sought to be clarified herein be, and it
 hereby is, clarified by excluding from said unit Billy Hicks (Geologist,
 GS-1350-13), Robert Gale (Wildlife Biologist, GS-486-13) Ernestine
 Green, Archeologist, GS-193-13), Ronald Rhoads (Landscape Architect,
 GS-807-13), Allen Hearst (Forest Products Technologist, GS-1380-13),
 Joseph Gorsch (Forester, GS-460-13), and Peter Laird (Forester,
 GS-460-13), and including in said unit the remaining employees listed in
 the Appendix.  Issued, Washington, D.C., September 27, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
                                 APPENDIX
 
               EMPLOYEES ALLEGED TO BE MANAGEMENT OFFICIALS
 
    1) Harry Sirbert, Civil Engineer, GS-810-13
 
    2) Richard Ramos, Systems Accountant, GS-510-13
 
    3) Billy Hicks, Geologist, GS-1350-13
 
    4) Robert Gale, Wildlife Biologist, GS-486-13
 
    5) Ernestine Green, Archeologist, GS-193-13
 
    6) Ronald Rhoads, Landscape Architect, GS-807-13
 
    7) Allen Hearst, Forest Products Technologist, GS-1380-13
 
    8) Ralph Johnson, Forester, GS-460-13
 
    9) Earl Reinsel, Forester, GS-460-13
 
    10) Robert Gorsuch, Forester, GS-460-13
 
    11) William Magnuson, Forester, GS-460-13
 
    12) John Puckett, Forester, GS-460-13
 
    13) Edward Heist, Forester, GS-460-13
 
    14) Joseph Gorsch, Forester, GS-460-13
 
    15) Peter Laird, Forester, GS-460-13
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ The National Federation of Federal Employees, Local 60,
 (Petitioner) is the agent of the National Union for that segment of
 employees in the nationwide units located in Region I, Northern Region
 of the United States Department of Agriculture, Forest Service.
 
 
    /2/ 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.
       . . .
 
 
    /3/ At the hearing, the Petitioner with the consent of the Activity
 and the hearing officer amended its petition by withdrawing one position
 from consideration by the Authority on the grounds that the position was
 now vacant.