[ v11 p201 ]
11:0201(46)CU
The decision of the Authority follows:
11 FLRA No. 46
U.S. ARMY MATERIALS AND MECHANICS
RESEARCH CENTER
Activity/Petitioner
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3176, AFL-CIO /1/
Labor Organization/Petitioner
Case No. 1-CU-30
DECISION AND ORDER CLARIFYING UNIT
Upon a joint 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. /2/
Upon careful consideration of the entire record, including the
parties' contentions, the Authority finds: The American Federation of
Government Employees, Local 3176, AFL-CIO (AFGE) was recognized on
February 12, 1963 as the exclusive bargaining representative for a unit
of all professional personnel at the U.S. Army Materials and Mechanics
Research Center. Essentially, the petition herein seeks to clarify the
bargaining unit status of numerous incumbents in various job
classifications based on the Activity's contention that they are
supervisors, management officials or both. /3/ SUPERVISORS /4/
The Activity contends that the employees listed in Appendix A are
supervisors and should be excluded from the unit. Of these, the record
establishes that Gary Hagnauer, Research Chemist, GS-1320-14, assigns
and directs work and has effectively recommended the hiring of
subordinates; that Robert Sacher, Research Chemist, GS-1320-13, assigns
and directs work and has effectively recommended the hiring of and
awards and promotions for subordinates; that Robert Singler, Research
Chemist, GS-1320-13, assigns and directs work, disciplines subordinates
and has effectively recommended the hiring of subordinates; that
Stanley Wentworth, Research Chemist, GS-1320-13, assigns and directs
work and has effectively recommended the hiring of subordinates; that
Anthony Alesi, Materials Engineer, GS-806-13, assigns and directs work
and has effectively recommended the hiring of and awards for
subordinates; that Charles Gazzara, Materials Research Engineer,
GS-806-14, assigns and directs work and has effectively recommended
subordinates for awards; that Raymond Middleton, Metallurgist,
GS-1321-13, assigns and directs work and has effectively recommended the
hiring of and awards for subordinates; that Jiro Adachi, Research
Mechanical Engineer, GS-830-14, assigns and directs work and has
effectively recommended subordinates for awards; that Ralph Papirno,
Research Mechanical Engineer, GS-830-14, assigns and directs work and
has effectively recommended the hiring of subordinates; that John
Slepetz, Research Civil Engineer, GS-810-13, assigns and directs work
and has effectively recommended subordinates for promotions; that
Burton Parker, Mechanical Engineer, GS-830-13, assigns and directs work
and has effectively recommended the hiring of and awards for
subordinates; that Donald Oplinger, Physicist (Mech) GS-1310-13,
assigns and directs work and has effectively recommended subordinates
for transfer; that Walter Roy, Materials Engineer, GS-806-13, assigns
and directs work and has effectively recommended the hiring of and
awards and promotions for subordinates; that Shun-Chin Chou, Mechanical
Engineer, GS-830-14, assigns and directs work and has effectively
recommended the hiring of and awards and promotions for subordinates;
that Bernard Goldberg, Intelligence Research Specialist, GS-132-13,
assigns and directs work and has hired subordinates; and that Gordon
Parsons, Mechanical Engineer, GS-830-13; Donald Messier, Research
Ceramic Engineer, GS-892-14; George Gazza, Research Ceramic Engineer,
GS-892-13; Joseph Bluhm, Research Mechanical Engineer, GS-830-15; and
Otto Gericke, Physicist, GS-1310-14, assign and direct work 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, these incumbents are
supervisors within the meaning of section 7103(a)(10) of the Statute and
the Authority shall order that they be excluded from the unit. /5/
The Authority further finds that John Antal, Research Physicist,
GS-1310-15 and Harold Hatch, Physicist, GS-1310-13 are not supervisors
within the meaning of section 7103(a)(10) of the Statute as the record
indicates that these employees do not exercise any of the statutory
indicia of supervisory authority. Accordingly, the Authority shall
order that they remain in the bargaining unit. MANAGEMENT OFFICIALS /6/
The Activity contends that the employees 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 that the employees listed in Appendix B are not
management officials and should be included in the bargaining unit. The
record establishes that these employees are highly trained professionals
whose actions assist in implementing, as opposed to shaping, the
Activity's overall policies. Thus, the record is clear 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. Accordingly,
the Authority shall order that these incumbents remain in the bargaining
unit.
ORDER
IT IS ORDERED that the unit sought to be clarified herein be, and it
hereby is, clarified by excluding from said unit: Gary Hagnauer,
Research Chemist, GS-1320-14; Robert Sacher, Research Chemist,
GS-1320-13; Robert Singler, Research Chemist, GS-1320-13; Stanley
Wentworth, Research Chemist, GS-1320-13; Gordon Parsons, Mechanical
Engineer, GS-830-13; Anthony Alesi, Materials Engineer, GS-806-13;
Charles Gazzara, Materials Research Engineer, GS-806-14; Raymond
Middleton, Metallurgist, GS-1321-13; Donald Messier, Research Ceramic
Engineer, GS-892-14; George Gazza, Research Ceramic Engineer,
GS-892-13; Jiro Adachi, Research Mechanical Engineer, GS-830-14; Ralph
Papirno, Research Mechanical Engineer, GS-830-14; John Slepetz,
Research Civil Engineer, GS-810-13; Burton Parker, Mechanical Engineer,
GS-830-13; Donald Oplinger, Physicist (MECH), GS-1310-13; Joseph
Bluhm, Research Mechanical Engineer, GS-830-15; Walter Roy, Materials
Engineer, GS-806-13; Otto Gericke, Physicist, GS-1310-14; Shun-Chin
Chou, Mechanical Engineer, GS-830-14; and Bernard Goldberg,
Intelligence Research Specialist, GS-132-13.
IT IS FURTHER ORDERED that the unit be clarified by including in said
unit John Antal, Research Physicist, GS-1310-15; Harold Hatch,
Physicist, GS-1310-13 and the employees listed in Appendix B.
IT IS FURTHER ORDERED that, with regard to all other job
classifications sought to be excluded herein, the petition be, and it
hereby is dismissed. Issued, Washington, D.C., February 1, 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) Gary Hagnauer, Research Chemist, GS-1320-14
(2) Robert Sacher, Research Chemist, GS-1320-13
(3) Robert Singler, Research Chemist, GS-1320-13
(4) Stanley Wentworth, Research Chemist, GS-1320-13
(5) John Antal, Research Physicist, GS-1310-15
(6) Gordon Parsons, Mechanical Engineer, GS-830-13
(7) Anthony Alesi, Materials Engineer, GS-806-13
(8) Charles Gazzara, Materials Research Engineer, GS-806-14
(9) Raymond Middleton, Metallurgist, GS-1321-13
(10) Donald Messier, Research Ceramic Engineer, GS-892-14
(11) George Gazza, Research Ceramic Engineer, GS-892-13
(12) Jiro Adachi, Research Mechanical Engineer, GS-830-14
(13) Ralph Papirno, Research Mechanical Engineer, GS-830-14
(14) John Slepetz, Research Civil Engineer, GS-810-13
(15) Burton Parker, Mechanical Engineer, GS-830-13
(16) Donald Oplinger, Physicist (MECH), GS-1310-13
(17) Joseph Bluhm, Research Mechanical Engineer, GS-830-15
(18) Walter Roy, Materials Engineer, GS-806-13
(19) Otto Gericke, Physicist, GS-1310-14
(20) Harold Hatch, Physicist, GS-1310-13
(21) Shun-Chin Chou, Mechanical Engineer, GS-830-14
(22) Bernard Goldberg, Intelligence Research Specialist, GS-132-13
APPENDIX B
Employees Alleged To Be Management Officials
(1) Clyde R. Desper, Research Chemist, GS-1320-14
(2) Anthony Wilde, Research Chemist, GS-1320-13
(3) Paul Sagalyn, Research Physicist, GS-1310-15
(4) Christopher Walker, Research Physicist, GS-1310-15
(5) John Johnson, Research Chemist, GS-1320-15
(6) Ralph Harrison, Research Physicist, GS-1310-15
(7) David Chipman, Research Physicist, GS-1310-15
(8) John Antal, Research Physicist, GS-1310-15
(9) Kenneth Tauer, Research Physicist, GS-1310-14
(10) Lawrence Shepard, Materials Engineer, GS-806-14
(11) Kenneth Moon, Research Chemist, GS-1320-14
(12) Arthur Kant, Research Physical Chemist, GS-1320-14
(13) Laurence Jennings, Research Physicist, GS-1310-14
(14) William Croft, Research Geologist, GS-1350-14
(15) Paul Ahern, Metallurgist, GS-1321-14
(16) Robert Fitzpatrick, Materials Engineer, GS-806-13
(17) Thomas Hynes, Research Chemist, GS-1310-13
(18) Forrest Burns, Research Chemist, GS-1320-13
(19) Sinshong Lin, Research Chemist, GS-1320-13
(20) Janet Perkins, Research Chemist, GS-1320-13
(21) Paul Fopiano, Metallurgist, GS-1321-13
(22) Chester Zabielski, Metallurgist, GS-1321-13
(23) Anthony Wong, Materials Engineer, GS-806-13
(24) Charles Hickey, Metallurgist, GS-1321-13
(25) Weily Chiao, Metallurgist, GS-1321-13
(26) Morris Azrin, Metallurgist, GS-1321-13
(27) Albert Anctil, Mechanical Engineer, GS-830-13
(28) John Nunes, Materials Research Engineer, GS-806-13
(29) Eugene Dicesare, Materials Research Engineer, GS-806-13
(30) Frederick Hannon, Mechanical Engineer, GS-830-13
(31) Frank Hodl, Metallurgist, GS-1321-13
(32) Ernest Kinas, Mechanical Engineer, GS-830-13
(33) Saul Isserow, Research Chemist, GS-1320-13
(34) Charles Levy, Research Chemist, GS-1320-13
(35) George M. Harris, Research Ceramic Engineer, GS-892-13
(36) Jaroslav Caslavsky, Research Physical Scientist, GS-1301-13
(37) Morton Kliman, Research Ceramic Engineer, GS-892-13
(38) Dennis Tracy, Mechanical Engineer, GS-830-13
(39) Colin Freese, Research Mechanical Engineer, GS-830-13
(40) George Bishop, Metallurgist, GS-1321-14
(41) Eugenio DeLuca, Materials Engineer, GS-806-14
(42) Joseph Prifti, Materials Engineer, GS-806-13
(43) Arthur Ayvazian, Metallurgist, GS-1321-13
(44) Robert Maldoon, Mechanical Engineer, GS-830-13
(45) Tien Yu Tsui, Mechanical Engineer, GS-830-13
(46) James Quigley, Mechanical Engineer, GS-830-13
(47) Socrates Sotir, Chemist, GS-1320-13
(48) Edward Clegg, Chemist, GS-1320-13
(49) Thomas Reilly, Materials Engineer, GS-806-13
(50) Patrick McEleney, Physicist, GS-1310-13
(51) Samuel Acquaviva, Mechanical Engineer, GS-830-13
(52) Harold Hatch, Physicist, GS-1310-13
(53) Michael Kornitzky, Chemical Engineer, GS-893-13
(54) Anton Hofman, Research Physicist, GS-1310-14
(55) Lewis Aronin, Materials Engineer, GS-806-14
(56) Dattatraya Dandekar, Physicist, GS-1310-13
--------------- FOOTNOTES$ ---------------
/1/ The name of the Labor Organization appears as amended at the
hearing.
/2/ The Authority specifically finds that the hearing officer, in
this investigatory proceeding, did not err by allowing Agency Exhibit
172 into evidence.
/3/ During the course of the hearing, the Joint Petitioners amended
their petition by withdrawing certain job classifications from
consideration by the Authority.
Further, the record reveals that four of the positions in dispute
were vacant at the time of the hearing: Materials Engineer, GS-806-14,
J.N., 6872; Physicist, GS-1310-13 J.N., 8409; Research Mechanical
Engineer, GS-830-14, J.M. 6690; and Mechanical Engineer, GS-830-13 J.N.
8395. The Authority will not make eligibility determinations for vacant
positions. U.S. Army Natick Research and Development Laboratories, 9
FLRA No. 4 (1982). Accordingly, the Authority shall order that the
petition be dismissed to the extent that it seeks to clarify the unit
eligibility of these positions.
/4/ Section 7103(a)(10) of the Statute defines a "supervisor" as:
. . . an individual employed at 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 . . . .
/5/ Therefore, it is unnecessary to pass upon the Activity's
assertion that the above employees should also be excluded from the unit
on the basis that they are management officials, and they are not listed
in Appendix B.
/6/ 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 . . . .