14:0172(35)CU - VA Medical Center, North Chicago, IL and Local 2107, AFGE -- 1984 FLRAdec RP

 14 FLRA No. 35
 
 VETERANS ADMINISTRATION MEDICAL CENTER
 NORTH CHICAGO, ILLINOIS
 Activity
 
 and
 
 LOCAL 2107, AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES (AFGE), AFL-CIO
 Petitioner
 
                                            Case No. 5-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, the Authority finds:  The American Federation of
 Government Employees, AFL-CIO was certified as the exclusive bargaining
 representative for a nationwide consolidated unit of all professional
 employees of the Veterans Administration, Washington, D.C.  /1/
 Essentially the Petitioner seeks to clarify the bargaining status of
 Moira Breen, Research Chemist, GS-1320-13 who the Activity contends
 should be excluded from the unit on the ground that she is a supervisor
 within the meaning of section 7103(a)(10) of the Statute.  /2/ Breen is
 one of the two investigators in the Activity's Research-in-aging
 laboratory who are responsible for the programs being handled in the
 laboratory.  In the course of her work, she is assisted by a Technician
 and a Secretary.  The record establishes that Breen assigns and directs
 work and has effectively recommended awards and promotions for these
 subordinates.  The Authority further finds that the above duties are not
 merely routine or clerical in nature, but require the consistent
 exercise of independent judgment.  Accordingly, Moira Breen, Research
 Chemist, GS-1320-13 is a supervisor within the meaning of section
 7103(a)(10) of the Statute and should be excluded from the unit.
 
                                   ORDER
 
    IT IS ORDERED that the unit sought to be clarified be, and it hereby
 is, clarified by excluding from said unit Moira Breen, Research Chemist,
 GS-1320-13.
 
    Issued, Washington, D.C., March 30, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ Local 2107, American Federation of Government Employees (AFGE),
 AFL-CIO is a representative of the national union for the segment of
 employees in a nationwide unit located at the Veterans Administration
 Medical Center, North Chicago, Illinois.
 
 
    /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(.)