12:0152(37)CU - NASA, HQ, Administration Division and NASA HQ Professional Association, Local 9, A/W IFPTE; NASA, HQ, Administration Division and NASA HQ Professional Association, Local 9, A/W IFPTE -- 1983 FLRAdec RP
[ v12 p152 ]
12:0152(37)CU
The decision of the Authority follows:
12 FLRA No. 37
NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION, HEADQUARTERS,
ADMINISTRATION DIVISION
Petitioner/Activity
and
NASA HEADQUARTERS PROFESSIONAL ASSOCIATION,
LOCAL 9, A/W INTERNATIONAL FEDERATION OF
PROFESSIONAL AND TECHNICAL ENGINEERS, AFL-CIO
Union
Case No. 3-AC-38
NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION, HEADQUARTERS,
ADMINISTRATION DIVISION
Petitioner/Activity
and
NASA HEADQUARTERS PROFESSIONAL ASSOCIATION,
LOCAL 9, A/W INTERNATIONAL FEDERATION OF
PROFESSIONAL AND TECHNICAL ENGINEERS, AFL-CIO
Union
Case No. 3-CU-81
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: In Case No. 3-AC-38, the
Activity/Petitioner seeks to amend the unit description from
all full-time classified scientists and engineers in NASA class
codes 200, 700 and 900 employed by NASA headquarters in the
greater Washington, D.C. area, including the Germantown, Maryland
location, excluding management officials, supervisors, supergrade
(GS-16 and above) employees and whose in excepted positions
to
all full-time classified scientists and engineers in NASA class
codes 200, 700 and 900 employed by NASA headquarters at
Washington, D.C., excluding management officials, supervisors and
those in supergrade (GS-16 and above), Senior Executive Service,
and excepted positions.
The Activity/Petitioner seeks this change to reflect that the
Germantown, Maryland location was closed down; that bargaining unit
members are presently located in Washington, D.C.; and the establishment
of the Senior Executive Service (SES). /1/ The petition also seeks to
amend the certification to reflect a 1972 name change of the union from
"Local 9, American Federation of Technical Engineers, AFL-CIO" to "NASA
Headquarters Professional Association, Local 9, A/W International
Federation of Professional and Technical Engineers, AFL-CIO"; the union
does not object to this change.
The Authority finds, in agreement with the Activity/Petitioner, that
the term "at Washington, D.C." correctly describes the geographical
location of the bargaining unit since bargaining unit employees are now
located only at three office buildings in Washington, D.C. and there are
no plans to locate them elsewhere. Accordingly, the Authority will
order that the unit certification be amended to reflect the change
sought in the petition in Case No. 3-AC-38.
In Case No. 3-CU-81, the Activity/Petitioner seeks to clarify the
status of numerous employees who it contends should be excluded from the
recognized bargaining unit on the grounds that they are supervisors,
management officials or both. /2/ Supervisors /3/
The Activity/Petitioner contends that the employees listed in
Appendix A are supervisors and should be excluded from the unit. Of
these, the record establishes that Robert Sommer, GS-801-15, assigns and
directs work, has effectively recommended the hiring of and awards for
subordinates; that Ronald Engel, GS-801-14, assigns and directs work,
has effectively recommended the hiring of and promotions and awards for
subordinates, and adjusts grievances; that Joseph Labow, GS-801-15,
assigns and directs work and has effective recommended the hiring of and
awards and promotions for subordinates; that Edgar Kersey Jr.,
GS-801015, assigns and directs work and has hired subordinates; that
Robert Schmidt, GS-861-15, assigns and directs work and has effectively
recommended subordinates for promotion; that George Baker, GS-801-14,
assigns and directs work, has effectively recommended the hiring of
subordinates and has disciplined subordinates; that Mark Bensinon,
GS-801-14, assigns and directs work and has effectively recommended the
hiring of subordinates; that Robert Murphy, GS-1301-14, assigns and
directs work and has effectively recommended the hiring of and
promotions for subordinates; that Bevan French, GS-1330-15, assigns and
directs work and has effectively recommended the hiring of and awards
for subordinates; that William Quaide, GS-1330-15, assigns and directs
work and has effectively recommended the hiring of and awards for
subordinates; that Paul Wetzel, GS-861-15, assigns and directs work,
has effectively recommended the hiring of subordinates and has
disciplined subordinates; that Harry Quong, GS-861-15, assigns and
directs work and has effectively recommended subordinates for awards;
that Raymond Whitten, GS-801-15, assigns and directs work, and has
effectively recommended subordinates for promotion; that Harold Theiss,
GS-855-15, assigns and directs work and has hired subordinates; and
that William Coupland, GS-801-15, Lewis Andrews, GS-801-14, B. R.
McCullar, GS-861-15, Gilbert Roth, GS-801-15, Rodney Mills, GS-861-15,
Joseph Boyce, GS-1330-14, Donald DeVincenzi, GS-1301-15, James Allman,
GS-861-15, and Thomas Stewart, GS-861-15 assign and direct the work of
their 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, the Authority concludes
that these incumbents are supervisors within the meaning of section
7103(a)(10) of the Statute and shall order that they be excluded from
the unit. /4/
The Authority further finds that the remaining incumbents listed in
Appendix A are not supervisors within the meaning of section 7103(a)(10)
of the Statute. Thus, the record establishes that although these
incumbents may have some responsibility for assigning work to certain
employees and directing them in the performance of that work, such
functions are routine in nature and do not require the consistent
exercise of independent judgement. Nor do the incumbents in these
positions exercise any of the other statutory indicia of supervisory
authority. Accordingly, the Authority concludes that they should remain
in the bargaining unit. Management Officials /5/
The Activity/Petitioner contends that the employees listed in
Appendix B are management officials and must 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
Ernest Keith, GS-855-14, is a management official. Thus, Keith has
authorized numerous NASA management instructions, memoranda of
understanding and memoranda of agreement which have established
Activity, as well as Department of the Air Force and Department of
Defense policy in the area of tele-communications, the Space Shuttle,
and security requirements. It follows that he formulates, determines
and influences the policies of the Activity within the meaning of
section 7103(a)(11) of the Statute as interpreted by the Authority.
With respect to the other alleged management officials, the Authority
finds that they are highly trained and educated professionals whose
actions assist in the implementation and carrying out, as opposed to
shaping, the Activity's overall 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. Accordingly,
the Authority shall order that these incumbents remain in the bargaining
unit.
ORDER
In Case No. 3-AC-38, IT IS HEREBY ordered that the description of the
bargaining unit previously certified on May 15, 1970 be amended to read:
All full-time classified scientists and engineers in NASA class
codes 200, 700, and 900 employed by NASA headquarters at
Washington, D.C., excluding those in supergrade (GS-16 and above),
Senior Executive Service, management officials, supervisors,
employees described in section 7112(b)(2), (3), (4), (6) and (7)
of the Federal Service Labor-Management Relations Statute.
IT IS FURTHER ORDERED that the Certification of Representative be
amended to reflect the change of name of the exclusive representative to
NASA Headquarters Professional Association, Local 9, A/W the
International Federation of Professional and Technical Engineers,
AFL-CIO.
In Case No. 3-CU-81, IT IS ORDERED that the unit sought to be
clarified be, and it hereby is, clarified by excluding from said unit
the following employees: Robert Sommer, GS-801-15; Ronald Engel,
GS-801-14; Joseph Labow, GS-801-15; Edgar Kersey, Jr. GS-801-15;
Robert Schmidt, GS-861-15; George Baker, GS-801-14; Mark Bensinon,
GS-801-14; B. R. McCullar, GS-861-15; Rodney Mills, GS-861-15; Robert
Murphy, GS-1301-14; Bevan French, GS-1330-15; William Quaide,
GS-1330-15; Joseph Boyce, GS-1330-14; Donald DeVincenzi, GS-1301-15;
Paul Wetzel, GS-861-15; James Allman, GS-861-15; Thomas Stewart,
GS-861-15; Harry Quong, GS-861-15; Raymond Whitten, GS-801-15; Harold
Theiss, GS-855-15; William Coupland, GS-801-15; Gilbert Roth,
GS-801-15; Lewis Andrews, GS-801-14; and Ernest Keith, GS-855-14.
IT IS FURTHER ORDERED that, with regard to all other employees sought
to be excluded, the petition in Case No. 3-CU-81 is dismissed. Issued,
Washington, D.C., June 7, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
APPENDIX A
Employees Alleged To Be Supervisors
(1) Robert Sommer, GS-801-15
(2) Ronald Engel, GS-801-14
(3) Joseph Labow, GS-801-15
(4) Edgar Kersey, GS-801-15
(5) Robert Schmidt, GS-861-15
(6) Richard Ott, GS-801-15
(7) William Green, GS-801-15
(8) Don Turner, GS-801-15
(9) Robert Tucker, GS-801-14
(10) George Baker, GS-801-14
(11) Mark Bensinon, GS-801-14
(12) B. R. McCullar, GS-861-15
(13) Rodney Mills, GS-861-15
(14) Robert Murphy, GS-1301-14
(15) Bevan French, GS-1330-15
(16) William Quaide, GS-1330-15
(17) Joseph Boyce, GS-1330-14
(18) Donald DeVincenzi, GS-1301-15
(19) Paul Wetzel, GS-861-15
(20) James Allman, GS-861-15
(21) Thomas Stewart, GS-861-15
(22) Harry Quong, GS-861-15
(23) Raymond Whitten, GS-801-15
(24) Harold Theiss, GS-855-15
(25) William Coupland, GS-801-15
(26) Gilbert Roth, GS-801-15
(27) Lewis Andrews, GS-801-14
APPENDIX B
Employees Alleged To Be Management Officials
(1) Thomas Kerr, GS-840-15
(2) Wayne Frazier, GS-803-14
(3) Jay Salmanson, GS-861-15
(4) Peter Eaton, GS-861-15
(5) Paul Goozh, GS-861-15
(6) Richard Ott, GS-801-15
(7) William Green, GS-801-15
(8) Don Turner, GS-801-15
(9) Robert Tucker, GS-801-14
(10) Henry Clarks, GS-801-14
(11) Earnest Keith, GS-855-14
(12) John Moye, GS-855-15
(13) Sterling Smith, GS-861-15
(14) John Warner, GS-861-14
(15) Arthur Reetz, GS-861-15
(16) Lawrence Chambers, GS-861-15
(17) Paul Rambaut, GS-1301-15
(18) James Bredt, GS-1330-14
(19) Thora Halstead, GS-413-14
(20) John Glaab, GS-861-15
(21) B. C. Lam, GS-861-15
(22) George Levin, GS-861-15
(23) Irving Davids, GS-861-15
(24) Oliver Bumgardner, GS-801-15
(25) William Cofield, GS-801-15
(26) David Scruggs, GS-855-15
(27) Thomas Albert, GS-861-14
(28) Robert Kyle, GS-861-15
(29) Paul Davis, GS-861-15
(30) Richard Storm, GS-861-15
(31) Mark Nolan, GS-801-14
(32) Thomas West, GS-803-15
(33) William Wilson, GS-855-15
(34) Lawrence McGoldrick, GS-1301-15
(35) Robert McNeal, GS-1301-15
(36) John Theom, GS-801-15
(37) Robert Schiffer, GS-801-15
(38) James Dodge, GS-801-15
(39) Jerome Freibaum, GS-801-15
(40) John Kiebler, GS-855-15
(41) John Miller, GS-855-15
(42) Thomas McGunigal, GS-855-15
(43) Sajjad Durrani, GS-855-15
(44) Louis Ippolito, GS-855-15
(45) Howard Shaffer, GS-855-15
(46) Anthony Villasenor, GS-1520-15
(47) Samuel Fordyce, GS-855-15
(48) George Knouse, GS-855-15
(49) Burton Schardt, GS-801-15
(50) James Murphy, GS-1301-14
(51) William Piotrowski, GS-801-14
(52) Richard Hibbard, GS-801-14
(53) Richard Weinstein, GS-801-15
(54) Charles Finley, GS-801-15
(55) Jimmie Weber, GS-1301-14
(56) Orvis Hartman, GS-801-15
(57) Nelson Milder, GS-801-15
(58) Charles Eastwood, GS-801-14
(59) Robert Gualdoni, GS-801-14
(60) James Romero, GS-801-15
(61) Michael Cuviello, GS-801-15
(62) Stanley Sadin, GS-801-15
(63) Arnold Schnyer, GS-801-15
(64) Earl Vanlandingham, GS-801-15
(65) Allan Tobiason, GS-861-15
(66) Lee Goolsby, GS-861-15
(67) Gordon Banerian, GS-861-15
(68) Richard Wasicko, GS-861-15
(69) Judith Ambius, GS-861-15
(70) Charles Bersch, GS-861-15
(71) Michael Greenfield, GS-861-15
(72) Frank Stephenson, GS-861-15
(73) Wayne Hudson, GS-861-15
(74) John Loria, GS-801-15
(75) Robert Wasel, GS-801-15
(76) John Del Gobbo, GS-801-15
(77) Joseph Sobala, GS-855-15
(78) John Rodgers, GS-801-14
(79) Joseph Bishop, GS-855-15
(80) Romo Cortez, GS-855-14
(81) David Struba, GS-855-15
(82) Richard Jirousek, GS-855-15
(83) Edwin West, GS-855-15
(84) Charles Carter, GS-801-15
(85) Jurgen Pohly, GS-801-15
(86) Raymond Newman, GS-855-15
--------------- FOOTNOTES$ ---------------
/1/ The union stipulated to all the changes sought in the petition in
Case No. 3-AC-38 except that it argues that the geographical location of
the bargaining unit should be characterized as "in the greater
Washington, D.C., area."
/2/ During the course of the hearing, the Activity/Petitioner agreed
to drop the following employees from the scope of its petition: Hubert
Calahan, GS-801-15; Robert Dressler, GS-801-15; William Gevarter,
GS-861-15; Janeth Heuser, GS-801-14; David Kier, GS-861-15; John
Madden, GS-801-15; James Shaw, GS-801-15; Joseph Vitale, GS-801-15;
and James Weir, GS-801-15. Further, the parties entered into the
following stipulations which are deemed motions to amend the petition
and are hereby granted: Robert Benson, GS-861-15; Hugh Fosque,
GS-855-15; Robert Karpen, GS-861-15; Charles Neubauer, Jr., GS-801-15;
Bobby Noblitt, GS-861-15; and Cecil Rosen, III, GS-861-15 are
supervisors and should be excluded from the unit.
/3/ 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. . . .
/4/ Therefore, it is unnecessary to pass upon the Activity's
contention that these incumbents 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.
. . .