15:0057(13)CU - VA Medical Center, Bronx, NY and AFGE -- 1984 FLRAdec RP

 15 FLRA No. 13
 
 VETERANS ADMINISTRATION MEDICAL CENTER
 BRONX, NEW YORK
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
 AFL-CIO
 Petitioner
 
                                            Case No. 2-CU-30007
 
                    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, (AFGE) was certified as the exclusive
 representative for a consolidated unit of all non-professional
 employees, full-time, part-time, and temporary of the Veterans
 Administration.  Essentially, the petition herein seeks to clarify the
 bargaining unit status of approximately 11 employees.  /1/
 
    The Activity contends that the incumbents in the following job
 classifications are supervisors within the meaning of section
 7103(a)(10) of the Statute, /2/ and should be excluded from the unit:
 Medical Administration Specialist, GS-301-09;  Supervisory Medical
 Clerk, GS-679-07;  Supervisory Medical Clerk, GS-679-06;  Supervisory
 Correspondence Clerk, GS-309-06;  Supervisory File Clerk, GS-305-05;
 and Supervisory Mail Clerk, GS-305-05.  Of these, the record establishes
 that the incumbent in the job classification of Medical Administration
 Specialist, GS-301-09 assigns and directs work, and has effectively
 recommended the hiring and removal of, and promotions and discipline for
 subordinates;  that the incumbents in the job classification of
 Supervisory Medical Clerk, GS-679-07 assign and direct work, and have
 effectively recommended discipline for subordinates;  that the
 incumbents in the job classification of Supervisory Medical Clerk,
 GS-679-06 assign and direct work, have effectively recommended the
 hiring and removal of, and promotions, discipline and awards for
 subordinates, and have adjusted grievances of subordinates;  that the
 incumbent in the job classification of Supervisory Correspondence Clerk,
 GS-309-06 assigns and directs work, has effectively recommended
 promotions and discipline for subordinates, and has adjusted grievances
 of subordinates;  that the incumbent in the job classification of
 Supervisory File Clerk, GS-305-05 assigns and directs work, and has
 effectively recommended hiring of and discipline for subordinates;  and
 that the incumbent in the job classification of Supervisory Mail Clerk,
 GS-305-05 assigns and directs work and has effectively recommended
 promotions for 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, the
 incumbents in the job classifications listed above are supervisors
 within the meaning of section 7103(a)(10) of the Statute and shall be
 excluded from the unit.
 
                                   ORDER
 
    IT IS ORDERED that the unit sought to be clarified herein is hereby
 clarified by excluding from said unit the employees in the following job
 classifications:  Medical Administration Specialist, GS-301-09;
 Supervisory Medical Clerk, GS-679-07;  Supervisory Medical Clerk,
 GS-679-06;  Supervisory Correspondence Clerk, GS-309-06;  Supervisory
 File Clerk, GS-305-05;  and Supervisory Mail Clerk, GS-305-05.
 
    IT IS FURTHER ORDERED that with regard to the job classification of
 Supervisory Program Clerk, GS-303-07, sought to be excluded herein, the
 petition be, and it hereby is, dismissed.
 
    Issued, Washington, D.C., June 8, 1984
                                       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
 certain employees were not supervisors and should be included in the
 unit.  The Authority deems such stipulations to be motions to amend the
 petition which are hereby granted.
 
    Further, one of the positions in dispute was stipulated by the
 parties to be vacant:  Supervisory Program Clerk, GS-303-07.  The
 Authority will not make eligibility determinations for vacant positions.
  U.S. Army Materials and Mechanics Research Center, 11 FLRA No. 46
 (1983) at n. 3.  Accordingly, the Authority shall order that the
 petition be dismissed to the extent that it seeks to clarify the unit
 eligibility of this position.
 
 
    /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(.)