[ v11 p26 ]
11:0026(14)CU
The decision of the Authority follows:
11 FLRA No. 14
DEPARTMENT OF DEFENSE
SCOTT AIR FORCE BASE, ILLINOIS
Activity/Petitioner
and
LOCAL R7-23, NATIONAL ASSOCIATION OF
GOVERNMENT EMPLOYEES
Labor Organization
Case No. 5-CU-32
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: Local R7-23, National
Association of Government Employees (NAGE) is the exclusive bargaining
representative for a unit of all nonsupervisory Air Force General
Schedule employees assigned to Scott Air Force Base, Illinois.
Essentially, the Activity's petition herein seeks to exclude from the
unit three incumbents in two job classifications based on the allegation
that they are management officials. /1/
The Activity contends that Howard P. Trimpe, Safety Specialist,
GS-018-13, PD0100440; John J. Moreiko, Aeronautical Information
Specialist, GS-1361-13, PD0200260; and Charles L. Mase, Aeronautical
Information Specialist, GS-1361-13, PD0200260, are management officials.
/2/ 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 the
incumbents in the job classifications listed above are professionals
whose actions assist in implementing, as opposed to shaping, the
Activity's policies. Thus, the record is clear that these incumbents
currently do not exercise 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) of the Statute as
interpreted by the Authority. Accordingly, the Authority finds that the
incumbents listed above are not management officials and therefore
should not be excluded from the bargaining unit.
ORDER
IT IS ORDERED that the unit sought to be clarified herein be, and it
hereby is, clarified by including in said unit Howard P. Trimpe, Safety
Specialist, GS-018-13, PD0100440; John J. Moreiko, Aeronautical
Information Specialist, GS-1361-13, PD0200260; and Charles L. Mase,
Aeronautical Information Specialist, GS-1361-13, PD0200260. Issued,
Washington, D.C., January 14, 1983
Ronald W. Haughton, Chairman
Henry B. Frazier III, Member
Leon B. Applewhaite, Member
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
/1/ At the hearing, the parties entered into the following
stipulations which are deemed to be motions to amend the petition and
are hereby granted: (a) Kenneth Wilson, Management Analyst, GS-343-13,
PD0231820; Howard C. Warner, Computer Systems Analyst, GS-334-13,
PD0273870; and Dale Sauer, Computer Specialist, GS-334-13, PD0294110
are management officials and should be excluded from the bargaining
unit; and (b) James L. Boyd, Aeronautical Information Specialist,
GS-1361-13, PD0100260, is not a management official and should be
included in the unit.
/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 . . . .