11:0180(40)CU - Army, HQ, Fort Huachuca, Fort Huachuca, AZ and AFGE Local 1662; Army, HQ, Fort Huachuca, Fort Huachuca, AZ and AFGE Local 1662 -- 1983 FLRAdec RP
[ v11 p180 ]
11:0180(40)CU
The decision of the Authority follows:
11 FLRA No. 40
DEPARTMENT OF THE ARMY, HEADQUARTERS,
FORT HUACHUCA, FORT HUACHUCA, ARIZONA
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1662
Labor Organization/Petitioner
Case No. 8-CU-19
DEPARTMENT OF THE ARMY, HEADQUARTERS,
FORT HUACHUCA, FORT HUACHUCA, ARIZONA
Activity/Petitioner
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1662
Labor Organization
Case No. 8-CU-20
DECISION AND ORDER CLARIFYING UNIT
Upon petitions duly filed with the Federal Labor Relations Authority
under section 7111(b)(2) of the Federal Service Labor-Management
Relations Statute (the Statute), a consolidated 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, Local 1662 (AFGE) was certified on
December 28, 1971, as the exclusive bargaining representative for a unit
of all wage grade and general schedule nonprofessional employees of the
Headquarters U.S. Army Communications Command; U.S. Army
Communications-Electronics Engineering Installation Agency; U.S. Army
Communications-Electronics Installation Battalion; Headquarters, Fort
Huachuca; U.S. Army Communications Security Logistics Activity; U.S.
Army Communications Command Agency-Fort Huachuca; U.S. Army
Communications Management Information Systems Activity; and U.S. Army
Troop Support Agency-Western Field Office located at Fort Huachuca and
serviced by the Headquarters, Fort Huachuca, Civilian Personnel Office.
Essentially, the petitions, as amended, seek to clarify the bargaining
unit status of approximately 43 employees based on the
Activity/Petitioner's contention that these employees are supervisors,
management officials or both. /1/ Supervisors /2/
The Activity/Petitioner contends that the employees listed in
Appendix A and commonly referred to as "Team Leaders" or "Team Chiefs"
are supervisors and should be excluded from the bargaining unit. The
record establishes that two of these employees, Leonard Mistretta
(Computer Specialist, GS-334-13) and Clyde Meade (Computer Specialist,
GS-393-13), supervise only active duty military personnel. Section
7103(a)(10) of the Statute defines a "supervisor" as an individual
having certain authority over "employees," and section 7103(a)(2)
specifically excludes "a member of the uniformed services" from the
statutory definition of "employee." Thus, the individuals supervised by
Mistretta and Meade are not employees within the meaning of the Statute.
/3/ Therefore, the Authority finds that Mistretta and Meade are not
supervisors as defined in the Statute and shall order that they remain
in the unit.
As to the other employees listed in Appendix A, the record indicates
that they assign and direct work and effectively recommend hiring,
promotions, awards and discipline of subordinates. Further, the above
duties are not merely routine or clerical in nature but require the
consistent exercise of independent judgment. Accordingly, the Authority
finds these employees are supervisors within the meaning of section
7103(a)(10) of the Statute and shall order that they be excluded from
the unit. /4/ Management Officials /5/
The Activity/Petitioner contends that the employees listed in
Appendix B 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 the incumbents
listed in Appendix B are professionals whose actions assist 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 or 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 shall order
that they remain in the bargaining unit.
ORDER
IT IS ORDERED that the unit sought to be clarified be, and it hereby
is, clarified by including in said unit those employees listed in
Appendix B as well as Leonard Mistretta (Computer Specialist,
GS-334-13), and Clyde Meade (Computer Specialist, GS-393-13); and by
excluding from said unit the employees listed in Appendix A except for
Mistretta and Meade. Issued, Washington, D.C., January 28, 1983
Ronald W. Haughton, Chairman
Henry B. Frazier III, Member
Leon B. Applewhaite, Member
FEDERAL LABOR RELATIONS AUTHORITY
APPENDIX A
Employees Alleged To Be Supervisors
(1) Robert Sechrist, Communications Management Specialist, GS-391-13
(2) Jay Raschke, Communications Management Specialist, GS-391-13
(3) Chester Cotton, Computer Specialist, GS
(4) Floyd R. Negley, Computer Specialist, GS-334-13
(5) Leonard Mistretta, Computer Specialist, GS-334-13
(6) George Lovering, Computer Specialist, GS-334-13
(7) James Denman, Computer Specialist, GS-334-13
(8) Paul Hird, Computer Specialist, GS-334-13
(9) Hershell McCraw, Computer Specialist, GS-334-13
(10) Vann Bryan, Computer Specialist, GS-334-13
(11) John Palm, Computer Specialist, GS-334-13
(12) Billy Crouch, Computer Specialist, GS-334-13
(13) Peter Pitts, Computer Specialist, GS-334-13
(14) Fred Dyes, Computer Specialist, GS-334-13
(15) Daniel Prado, Computer Specialist, GS-334-13
(16) John Ramsey, Computer Specialist, GS-334-13
(17) John Vivlano, Communications Specialist, GS-393-13
(18) Randall Wilson, Communications Specialist, GS-393-13
(19) William Perry, Communications Specialist, -gs-393-13
(20) Edward Sturm, Communications Specialist, GS-393-13
(21) Donald Blackmer, Communications Specialist, GS-393-13
(22) Billy Moore, Communications Specialist, GS-393-13
(23) William Kahrick, Communications Specialist, GS-393-13
(24) Clyde Meade, Communications Specialist, GS-393-13
(25) William Green, Communications Specialist, GS-393-13
(26) Harold Giles, Communications Specialist, GS-393-13
(27) Budd Arnold, Computer Specialist, GS-334-13
(28) Rodney Floyd, Computer Specialist, GS-334-13
(29) Charles Gord, Computer Specialist, GS-334-13
(30) Clyde McDaniel, Computer Specialist, GS-334-13
(31) Albert Niemeyer, Computer Specialist, GS-334-13
(32) James Plant, Computer Specialist, GS-334-13
(33) Bertel Rutia, Computer Specialist, GS-334-13
(34) Frederick Wright, Computer Specialist, GS-334-13
(35) Ival Secrest, Computer Specialist, GS-334-13
APPENDIX B
Employees Alleged To Be Management Officials
(1) Carlo Venditto, Computer Specialist, GS-334-13
(2) Richard Hagen, Communications Management Specialist, GS-391-13
(3) Edwin Coleman, Communications Management Specialist, GS-391-13
(4) Wyatt Arnold, Communications Management Specialist, GS-391-13
(5) Robert Corporon, Communications Management Specialist, GS-391-13
(6) Francisco Escobar, Communications Management Specialist,
GS-391-13
(7) William Lenz, Communications Management Specialist, GS-391-13
(8) Ronald Knipfer, Communications Management Specialist, GS-391-13
(9) James Brown, Computer Specialist, GS-334-13
--------------- FOOTNOTES$ ---------------
/1/ At the hearing, the parties entered into the following
stipulation which is deemed a motion to amend the petition: Carlo
Venditto, Computer Specialist, GS-334-13; and James Brown, Computer
Specialist, GS-334-13, are not supervisors within the meaning of the
Statute. The motion is hereby granted.
/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. . . .
/3/ See National Guard Bureau, State of New York, Division of
Military and Naval Affairs, Albany, New York, 9 FLRA No. 2 (1982); The
Adjutant General, Delaware National Guard, 9 FLRA No. 1 (1982).
/4/ As the Authority has found that Robert Sechrist, Communications
Management Specialist, GS-391-13; and Jay Raschke, Communications
Management Specialist, GS-391-13, are supervisors, it is unnecessary to
pass upon the Activity's contention that they are also management
officials, and they have not been listed in Appendix B.
/5/ 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 . . . .