13:0443(79)CU - Justice, INS, Washington, DC and AFGE, INS Council, Washington, DC -- 1983 FLRAdec RP

 13 FLRA No. 79
 
 DEPARTMENT OF JUSTICE
 U.S. IMMIGRATION AND
 NATURALIZATION SERVICE
 WASHINGTON, D.C.
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 NATIONAL IMMIGRATION AND
 NATURALIZATION SERVICE COUNCIL
 WASHINGTON, D.C.
 Petitioner /1/
 
                                            Case No. 4-CU-30002
 
                    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:  AFGE was recognized on
 April 20, 1968 as the exclusive bargaining representative for a unit of
 all nonsupervisory and nonprofessional employees in the Immigration and
 Naturalization Service except those assigned to Border Patrol Sectors.
 Essentially, the petition seeks to clarify the unit status of employees
 in four job classifications who the Activity contends should be excluded
 on the ground that they are supervisors.
 
    The Activity contends that the employees in the following job
 classifications are supervisors within the meaning of section
 7103(a)(10) of the Statute /3/ and should be excluded from the unit:
 Supervisory Immigration Examination Officer (Course
 Development/Instruction), GS-301-12, M40CIL1;  Supervisory Border Patrol
 Agent (Course Development/Instruction), GS-1896-12, M40C5CM1;
 Supervisory Border Patrol Agent (Instruction), GS-1896-11, M40C5BM1;
 and Supervisory Immigration Enforcement Officer (Course
 Development/Instruction), GS-301-12, M40C5HL1.  Each of these employees
 is involved in instructing students.  Additionally, the record
 establishes that they have supervisory responsibilities.  Specifically,
 the incumbents in the job classification of Supervisory Immigration
 Examination Officer assign and direct work, effectively recommend the
 hiring and transfer of subordinates and adjust the grievances of
 subordinates;  that the incumbents in the job classification of
 Supervisory Border Patrol Agent (Course Development/Instruction) assign
 and direct work and effectively recommend the hiring of and awards for
 subordinates;  that the incumbents in the job classification of
 Supervisory Border Patrol Agent (Instruction) assign and direct work and
 adjust grievances of subordinates;  and that the incumbents in the job
 classification of Supervisory Immigration Enforcement Officer assign and
 direct work, effectively recommend the hiring and transfer of
 subordinates, and adjust grievances of subordinates.  Further, the
 Authority finds that the above duties are not merely routine or clerical
 in nature, but require the consistent exercise of independent judgment.
 Accordingly, the incumbents in the job classifications described above
 are supervisors within the meaning of section 7103(a)(10) of the Statute
 and must be excluded from the unit.
 
                                   ORDER
 
    IT IS ORDERED that the unit sought to be clarified herein be, and it
 hereby is clarified by excluding from said unit the incumbents in the
 following job classifications:  Supervisory Immigration Examination
 Officer (Course Development/Instruction), GS-301-12, M40C5IL1;
 Supervisory Border Patrol Agent (Course Development/Instruction),
 GS-1896-12, M40C5CM1;  Supervisory Border Patrol Agent (Instruction),
 GS-1896-11, M40C5BM1;  and Supervisory Immigration Enforcement Officer
 (Course Development/Instruction), GS-301-12, M40C5HL1.  Issued,
 Washington, D.C., November 29, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ The name of the Petitioner appears as amended at the hearing.
 
 
    /2/ As the brief filed by the American Federation of Government
 Employees, AFL-CIO, National Immigration and Naturalization Service
 Council, Washington, D.C. was untimely filed, it has not been considered
 herein.
 
 
    /3/ 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 . . . .