[ v09 p3 ]
09:0003(1)CU
The decision of the Authority follows:
9 FLRA No. 1
THE ADJUTANT GENERAL,
DELAWARE NATIONAL GUARD
Activity/Petitioner
and
ASSOCIATION OF CIVILIAN TECHNICIANS, INC.,
DELAWARE CHAPTER
Labor Organization
Case No. 2-CU-4
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 THE ENTIRE RECORD IN THIS CASE, INCLUDING THE BRIEFS FILED BY
BOTH PARTIES, THE AUTHORITY FINDS:
THE ASSOCIATION OF CIVILIAN TECHNICIANS, INC., DELAWARE CHAPTER
(ACT), WAS RECOGNIZED BY THE ACTIVITY ON MAY 22, 1969, AS THE EXCLUSIVE
BARGAINING REPRESENTATIVE FOR A UNIT OF ALL COMPETITIVE AND EXCEPTED
FEDERAL NATIONAL GUARD TECHNICIANS EMPLOYED BY THE DELAWARE NATIONAL
GUARD. ESSENTIALLY, THE ACTIVITY'S PETITION SEEKS TO CLARIFY THE UNIT
ELIGIBILITY OF CERTAIN EMPLOYEES /1/ AS A RESULT OF THE PARTIES' FAILURE
TO AGREE ON THE APPLICABILITY OF SECTION 7112(B) OF THE STATUTE
(EMPLOYEE EXCLUSIONS) TO THE ACT BARGAINING UNIT.
AT ISSUE HEREIN FOR UNIT ELIGIBILITY DETERMINATIONS /2/ ARE 14
POSITIONS IN 3 JOB CLASSIFICATIONS IN THE ACTIVITY'S ARMY NATIONAL GUARD
(POSITIONS WHICH HAVE JOB NUMBERS BEGINNING WITH "R") AND 18 POSITIONS
IN 16 JOB CLASSIFICATIONS IN THE ACTIVITY'S AIR NATIONAL GUARD
(POSITIONS WHICH HAVE JOB NUMBERS BEGINNING WITH "F"). THE ACTIVITY
ARGUES THAT 1 OF THE 32 POSITIONS REMAINING AT ISSUE SHOULD BE EXCLUDED
FROM UNIT ELIGIBILITY ON THE BASIS OF STATUS AS A "MANAGEMENT OFFICIAL,"
AND THAT ALL THE REST OF THE 32 POSITIONS SHOULD BE EXCLUDED AS
"SUPERVISORS".
MANAGEMENT OFFICIAL /3/
JOB NO. F1430000, FLIGHT INSTRUCTOR, GS-13, AIR OPERATIONS
IN THE LEAD CASE IN THIS AREA, DEPARTMENT OF THE NAVY, AUTOMATIC DATA
PROCESSING SELECTION OFFICE, 7 FLRA NO. 24(1981), THE AUTHORITY
INTERPRETED THE DEFINITION OF "MANAGEMENT OFFICIAL" IN SECTION
7103(A)(11), AND CONCLUDED THAT IT INCLUDES 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. THE AUTHORITY FINDS THAT THE THREE
INCUMBENTS' ROLE IN GIVING FLIGHT INSTRUCTION AND HANDLING THE
ASSOCIATED SCHEDULING AND ADMINISTRATIVE RESPONSIBILITIES, AS WELL AS
ACTING AS A RESOURCE OF EXPERT OPINION FOR HIGHER-LEVEL DECISION ON
WHETHER TO PROMOTE PILOTS, AND PARTICIPATING IN THE ROTATIONAL
"SUPERVISOR OF FLYING" GROUND DUTY OF SUPERVISING ALL PHASES OF FLYING
FOR SAFETY PURPOSES TO BE THAT OF VALUABLE EXPERTS OR PROFESSIONALS
WHOSE ACTIONS ASSIST IN IMPLEMENTING, AS OPPOSED TO SHAPING, THE
ACTIVITY'S POLICIES. THUS, THE RECORD IS CLEAR THAT THE INCUMBENTS DO
NOT EXERCISE ANY 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. THEREFORE, THE AUTHORITY SHALL ORDER THAT JOB NO.
F1430000, FLIGHT INSTRUCTOR, GS-13, AIR OPERATIONS, REMAIN INCLUDED IN
THE ACT'S EXCLUSIVELY RECOGNIZED UNIT. /4/
SUPERVISOR /5/
JOB NO. R0255000, OPERATIONS AND TRAINING SPECIALIST, GS-9, 198TH
SIGNAL BATTALION
THE INCUMBENT HAS ONE SUBORDINATE, WHO IS FULL-TIME MANNING
(MILITARY) (FTM) AND FILLS THE EQUIVALENT OF A GS-7 SLOT. AS NOTED,
SECTION 7103(A)(10) OF THE STATUTE DEFINES A "SUPERVISOR" AS AN
INDIVIDUAL HAVING CERTAIN AUTHORITY OVER "EMPLOYEES." SECTION 7103(A)(2)
DEFINES "EMPLOYEE" FOR THE PURPOSES OF THE STATUTE AS AN INDIVIDUAL
EMPLOYED IN AN AGENCY, BUT DOES NOT INCLUDE A MEMBER OF THE UNIFORMED
SERVICES. /6/ THE AUTHORITY FINDS THAT INDIVIDUALS DESIGNATED FTM ARE
MEMBERS OF THE UNIFORMED SERVICES AND, AS SUCH, ARE NOT "EMPLOYEES"
WITHIN THE MEANING OF THE STATUTE. /7/ AS THERE IS NO CONTENTION THAT
THE INCUMBENT EXERCISES ANY AUTHORITY OVER ANY INDIVIDUAL NOT CLASSIFIED
AS FTM, THE AUTHORITY FINDS THAT THE INCUMBENT IS NOT A SUPERVISOR AS
DEFINED IN THE STATUTE, AND SHALL ORDER THAT JOB NO. R0255000,
OPERATIONS AND TRAINING SPECIALISTS, GS-9, 198TH SIGNAL BATTALION,
REMAIN INCLUDED IN THE ACT'S EXCLUSIVELY RECOGNIZED UNIT.
JOB NO. R7116000, COMMAND ADMINISTRATIVE SPECIALIST, GS-8, COMMAND
AND CONTROL HEADQUARTERS
THE AUTHORITY FINDS THAT THE INCUMBENT, WHO SUPERVISES ONE GS-7
COMMAND ADMINISTRATIVE SPECIALIST, THREE ADMINISTRATIVE SUPPLY
TECHNICIANS (ONE FULL-TIME MANNING (MILITARY) AND TWO GS-7'S), AND TWO
GS-3 CLERK-TYPISTS, IS A SUPERVISOR WITHIN THE MEANING OF SECTION
7103(A)(10) OF THE STATUTE AS HE CONSISTENTLY USES INDEPENDENT JUDGMENT
IN THE EXERCISE OF HIS AUTHORITY TO HIRE AND ASSIGN HIS SUBORDINATES.
ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT JOB NO. R7116000, COMMAND
ADMINISTRATIVE SPECIALIST, GS-8, COMMAND AND CONTROL HEADQUARTERS, BE
EXCLUDED FROM THE ACT'S EXCLUSIVELY RECOGNIZED UNIT.
JOB NO. R7116000, COMMAND ADMINISTRATIVE SPECIALIST, GS-7: 198TH
SIGNAL BATTALION 736TH SUPPLY AND SERVICE BATTALION 116TH SUPPORT
HOSPITAL
THE INCUMBENT IN THE 198TH SIGNAL BATTALION SERVES AS A TECHNICAL
EXPERT FOR THE PERSONNEL ADMINISTRATION REPORTING WORK OF THE GS-7
"FIRST" (OR "SENIOR") LEVEL ADMINISTRATIVE SUPPLY TECHNICIANS (AST'S) AT
THE COMPANY LEVEL OF THE BATTALION. HE DOES NOT ASSIGN TO THE FIRST
AST'S THEIR REPORTING TASKS. HE DOES PERFORM ROUTINE, MINISTERIAL
BATTALION TIMEKEEPER AND TIMESHEET TASKS, BUT DOES NOT SIGN LEAVE SLIPS,
APPROVE OR DISAPPROVE REQUESTS FOR LEAVE OR COMPENSATORY TIME, OR
EFFECTIVELY RECOMMEND SUCH ACTION. HE HAS NO AUTHORITY TO DISCIPLINE OR
TO ADJUST GRIEVANCES, IS NOT AUTHORIZED TO RATE THE PERFORMANCE OF THE
FIRST AST'S, AND HAS NEITHER THE AUTHORITY TO HIRE, NOR THE AUTHORITY TO
EFFECTIVELY RECOMMEND SUCH ACTION. UNDER THESE CIRCUMSTANCES, THE
AUTHORITY FINDS INSUFFICIENT EVIDENCE TO ESTABLISH THAT THE INCUMBENT
EXERCISES ANY OF THE INDICIA OF SUPERVISORY AUTHORITY WITH THE REQUIRED
CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT. /8/ THUS, THE RECORD DOES
NOT ESTABLISH THAT THE INCUMBENT IS A SUPERVISOR WITHIN THE MEANING OF
SECTION 7103(A)(10) OF THE STATUTE. THEREFORE, THE AUTHORITY SHALL
ORDER THAT JOB NO. R7116000, COMMAND ADMINISTRATIVE SPECIALIST, GS-7,
198TH SIGNAL BATTALION, REMAIN INCLUDED IN THE ACT'S EXCLUSIVELY
RECOGNIZED UNIT.
THE INCUMBENT IN THE 736TH SUPPLY AND SERVICE BATTALION ALSO SERVES
AS A TECHNICAL EXPERT FOR THE PERSONNEL ADMINISTRATION REPORTING WORK OF
THE GS-7 FIRST AST'S AT THE COMPANY LEVEL OF HIS BATTALION. THE
AUTHORITY FINDS THE RECORD ESTABLISHES THAT THE INCUMBENT IS A
SUPERVISOR AS DEFINED BY SECTION 7103(A)(10) OF THE STATUTE. THUS, HE
HAS THE DELEGATED RESPONSIBILITY TO SIGN THE MERIT STEP INCREASES FOR
THE FIRST AST'S WHEN THEY BECOME DUE, AND HAS BEEN GIVEN THE AUTHORITY
TO REPRIMAND-- TO "WRITE SOMEBODY UP"-- AND HAS EXERCISED THAT AUTHORITY
TO DISCIPLINE TO THE EXTENT OF "ORAL COUNSELING." AS THE FOREGOING
EXERCISE OF AUTHORITY REQUIRES THE CONSISTENT EXERCISE OF INDEPENDENT
JUDGMENT, THE AUTHORITY SHALL ORDER THAT JOB NO. R7116000, COMMAND
ADMINISTRATIVE SPECIALIST, GS-7, 736TH SUPPLY AND SERVICE BATTALION, BE
EXCLUDED FROM THE ACT'S EXCLUSIVELY RECOGNIZED UNIT.
THE PARTIES STIPULATED THAT THE AUTHORITY'S ELIGIBILITY
DETERMINATIONS REGARDING THE POSITION LOCATED IN THE 198TH SIGNAL
BATTALION AND THE POSITION LOCATED IN THE 736TH SUPPLY AND SERVICE
BATTALION SHOULD APPLY TO THE POSITION LOCATED IN THE 116TH SUPPORT
HOSPITAL. HOWEVER, IN VIEW OF THE AUTHORITY'S FOREGOING ELIGIBILITY
DETERMINATIONS FINDING THAT THE POSITION LOCATED IN THE 198TH SIGNAL
BATTALION IS NON-SUPERVISORY BUT FINDING THAT THE POSITION LOCATED IN
THE 736TH SUPPLY AND SERVICE BATTALION IS SUPERVISORY, AND IN VIEW OF
THE LACK OF INDEPENDENT RECORD EVIDENCE CONCERNING THE DUTIES AND
RESPONSIBILITIES OF THE REMAINING DISPUTED POSITION, THE AUTHORITY WILL
MAKE NO ELIGIBILITY FINDING AS TO JOB NO. R7116000, COMMAND
ADMINISTRATIVE SPECIALIST, GS-7, 116TH SUPPORT HOSPITAL. /9/
JOB NO. R7135000, ADMINISTRATIVE SUPPLY TECHNICIAN, GS-7:
COMPANY B, 150TH AVIATION BATTALION
COMPANY A, 198TH SIGNAL BATTALION
COMPANY B, 198TH SIGNAL BATTALION
COMPANY C, 198TH SIGNAL BATTALION
280TH SIGNAL COMPANY
251ST SIGNAL COMMAND
945TH MAINTENANCE COMPANY
2198TH MAINTENANCE COMPANY
262ND HEAVY EQUIPMENT AND MAINTENANCE COMPANY
THE FIRST POSITION AT ISSUE IS THAT OF ADMINISTRATIVE SUPPLY
TECHNICIAN (AST), GS-7, FOR COMPANY B OF THE 150TH AVIATION BATTALION.
THE INCUMBENT HAS TWO FULL-TIME MANNING (MILITARY) (FTM) SUBORDINATES
WHO ARE "SECOND" LEVEL AST'S EQUIVALENT TO GRADE GS-5. THE AUTHORITY
FINDS THAT THESE SUBORDINATES DESIGNATED FTM ARE MEMBERS OF THE
UNIFORMED SERVICES AND, AS SUCH, ARE NOT "EMPLOYEES" WITHIN THE MEANING
OF SECTION 7103(A)(2) OF THE STATUTE. THEREFORE, IN VIEW OF THE REASONS
SET FORTH IN THE TEXT ABOVE AT N. 6, THE AUTHORITY FINDS THE INCUMBENT
IS NOT A SUPERVISOR, AND SHALL ORDER THAT JOB NO. R7135000,
ADMINISTRATIVE SUPPLY TECHNICIAN, GS-7, COMPANY B OF THE 150TH AVIATION
BATTALION, REMAIN INCLUDED IN THE ACT'S EXCLUSIVELY RECOGNIZED UNIT.
THE NEXT TWO POSITIONS AT ISSUE ARE THOSE OF AST, GS-7, FOR COMPANIES
A AND B OF THE 198TH SIGNAL BATTALION. THE INCUMBENTS EACH HAVE ONE
GS-5 (OR FTM EQUIVALENT) AST AND ONE CLERK-TYPIST AS SUBORDINATES. THE
INCUMBENTS EACH ASSIGN AND DIRECT THE WORK OF THEIR SUBORDINATES, DECIDE
THE WORK LOAD DISTRIBUTION, TRAIN THEIR SUBORDINATES, AND MONITOR,
INSPECT, AND APPROVE OR DISAPPROVE THEIR SUBORDINATES' WORK. AS THE
FOREGOING EXERCISE OF AUTHORITY REQUIRES THE CONSISTENT EXERCISE OF
INDEPENDENT JUDGMENT, THE AUTHORITY FINDS THAT THE INCUMBENTS ARE
SUPERVISORS WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE STATUTE.
THEREFORE, THE AUTHORITY SHALL ORDER THAT JOB NO. R7135000,
ADMINISTRATIVE SUPPLY TECHNICIAN, GS-7, COMPANY A OF THE 198TH SIGNAL
BATTALION, AND JOB NO. R7135000, ADMINISTRATIVE SUPPLY TECHNICIAN, GS-7,
COMPANY B OF THE 198TH SIGNAL BATTALION, BE EXCLUDED FROM THE ACT'S
EXCLUSIVELY RECOGNIZED UNIT.
THE PARTIES STIPULATED THAT THE AUTHORITY'S ELIGIBILITY
DETERMINATIONS REGARDING THE POSITION ASSIGNED TO COMPANY B OF THE 150TH
AVIATION BATTALION, THE POSITION ASSIGNED TO COMPANY A OF THE 198TH
SIGNAL BATTALION, AND THE POSITION ASSIGNED TO COMPANY B OF THE 198TH
SIGNAL BATTALION SHOULD APPLY TO THE REMAINING POSITIONS, ONE EACH
ASSIGNED TO THE FOLLOWING ORGANIZATIONAL UNITS: COMPANY C OF THE 198TH
SIGNAL BATTALION, THE 280TH SIGNAL COMPANY, THE 251ST SIGNAL COMMAND,
THE 945TH MAINTENANCE COMPANY, THE 2198TH MAINTENANCE COMPANY, AND THE
262ND HEAVY EQUIPMENT AND MAINTENANCE COMPANY. HOWEVER, IN VIEW OF THE
AUTHORITY'S FOREGOING ELIGIBILITY DETERMINATIONS FINDING THAT THE
POSITION ASSIGNED TO COMPANY B OF THE 150TH AVIATION BATTALION IS
NON-SUPERVISORY BUT FINDING THAT THE POSITIONS AT ISSUE ASSIGNED TO
COMPANIES A AND B OF THE 198TH SIGNAL BATTALION ARE SUPERVISORY, AND IN
VIEW OF THE LACK OF INDEPENDENT RECORD EVIDENCE CONCERNING THE DUTIES
AND RESPONSIBILITIES OF THE REMAINING DISPUTED POSITIONS, THE AUTHORITY
WILL MAKE NO ELIGIBILITY FINDINGS AS TO JOB NO. R7135000, ADMINISTRATIVE
SUPPLY TECHNICIAN, GS-7, LOCATED IN THE FOLLOWING ORGANIZATIONAL UNITS:
COMPANY C OF THE 198TH SIGNAL BATTALION, THE 280TH SIGNAL COMPANY, THE
251ST SIGNAL COMMAND, THE 945TH MAINTENANCE COMPANY, THE 2198TH
MAINTENANCE COMPANY, AND THE 262ND HEAVY EQUIPMENT AND MAINTENANCE
COMPANY. /10/
JOB NO. F7401000, MILITARY PERSONNEL MANAGEMENT SPECIALIST, GS-10,
ADMINISTRATION, HEADQUARTERS
THE AUTHORITY FINDS THE RECORD ESTABLISHES THAT THE INCUMBENT IS A
SUPERVISOR AS DEFINED BY SECTION 7103(A)(10) OF THE STATUTE. THUS, HE
HIRED HIS SUBORDINATE (A MILITARY PERSONNEL CLERK (TYPING), GS-5),
ASSIGNS WORK TO THE SUBORDINATE, SCHEDULES THE SUBORDINATE'S TIME,
APPROVES THE SUBORDINATE'S ANNUAL AND SICK LEAVE, AND HAS APPROVED AT
LEAST ONE MERIT STEP INCREASE IN PAY FOR THE SUBORDINATE. AS THE
FOREGOING EXERCISE OF AUTHORITY REQUIRES THE CONSISTENT EXERCISE OF
INDEPENDENT JUDGMENT, THE AUTHORITY SHALL ORDER THAT JOB NO. F7401000,
MILITARY PERSONNEL MANAGEMENT SPECIALIST, GS-10, ADMINISTRATION,
HEADQUARTERS, BE EXCLUDED FROM THE ACT'S EXCLUSIVELY RECOGNIZED UNIT.
/11/
JOB NO. F6724100, BUDGET AND ACCOUNTING ANALYST, GS-9, RESOURCE
MANAGEMENT SQUADRON
THE AUTHORITY FINDS THAT THE INCUMBENT IS A SUPERVISOR WITHIN THE
MEANING OF SECTION 7103(A)(10) OF THE STATUTE AS HE CONSISTENTLY USES
INDEPENDENT JUDGMENT IN THE EXERCISE OF HIS AUTHORITY TO DIRECT AND
REWARD HIS SUBORDINATE (AN ACCOUNTING TECHNICIAN, GS-6). THEREFORE, THE
AUTHORITY SHALL ORDER THAT JOB NO. F6724100, BUDGET AND ACCOUNTING
ANALYST, GS-9, RESOURCE MANAGEMENT SQUADRON, BE EXCLUDED FROM THE ACT'S
EXCLUSIVELY RECOGNIZED UNIT.
JOB NO. F7155000, OFFICE SERVICES MANAGER, GS-9, BASE SERVICES OFFICE
THE INCUMBENT WORKS WITH FOUR SUBORDINATES: A MANAGEMENT ASSISTANT,
GS-7; A PUBLICATIONS TECHNICIAN, GS-6; APPARENTLY A DOCUMENTATION
CLERK, GS-5; AND A TYPIST, GS-4. THE AUTHORITY FINDS THE RECORD
ESTABLISHES THAT THE INCUMBENT IS A SUPERVISOR AS DEFINED BY SECTION
7103(A)(10) OF THE STATUTE. THUS, HE ASSIGNS THE WORK OF HIS
SUBORDINATES, APPROVES THEIR LEAVE, CERTIFIES THEIR TIME AND ATTENDANCE
RECORDS, APPROVES THEIR MERIT STEP INCREASES IN PAY, AND HAS MADE AN
EFFECTIVE RECOMMENDATION OF A QUALITY SALARY INCREASE FOR ONE OF HIS
SUBORDINATES. AS THE FOREGOING EXERCISE OF AUTHORITY REQUIRES THE
CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT, THE AUTHORITY SHALL ORDER
THAT JOB NO. 7155000, OFFICE SERVICES MANAGER, GS-9, BASE SERVICES
OFFICE, BE EXCLUDED FROM THE ACT'S EXCLUSIVELY RECOGNIZED UNIT.
JOB NO. F9019000, HEALTH TECHNICIAN, GS-9, BASE SERVICES OFFICE
THE INCUMBENT HIRED A PREVIOUS SUBORDINATE AND HIS PRESENT
SUBORDINATE (A HEALTH TECHNICIAN, GS-6). HE HAS EFFECTIVELY RECOMMENDED
A PROMOTION FROM GS-5 TO GS-6, AND ASSIGNS THE WORK OF HIS SUBORDINATE.
THE AUTHORITY FINDS THAT THE INCUMBENT IS A SUPERVISOR WITHIN THE
MEANING OF SECTION 7103(A)(10) OF THE STATUTE AS HE CONSISTENTLY USES
INDEPENDENT JUDGMENT IN THE EXERCISE OF HIS AUTHORITY TO HIRE, ASSIGN,
AND PROMOTE HIS SUBORDINATE. ACCORDINGLY, THE AUTHORITY SHALL ORDER
THAT JOB. NO. F9019000, HEALTH TECHNICIAN, GS-9, BASE SERVICES OFFICE,
BE EXCLUDED FROM THE ACT'S EXCLUSIVELY RECOGNIZED UNIT.
JOB NO. F7507100, TRAINING TECHNICIAN, GS-8, BASE SERVICES OFFICE
THE AUTHORITY FINDS THAT THE INCUMBENT IS A SUPERVISOR WITHIN THE
MEANING OF SECTION 7103(A)(10) OF THE STATUTE AS HE CONSISTENTLY USES
INDEPENDENT JUDGMENT IN THE EXERCISE OF HIS AUTHORITY TO HIRE, ASSIGN,
AND DISCIPLINE HIS SUBORDINATE (A TRAINING SPECIALIST, GS-6).
ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT JOB NO. F7507100, TRAINING
TECHNICIAN, GS-8, BASE SERVICES OFFICE, BE EXCLUDED FROM THE ACT'S
EXCLUSIVELY RECOGNIZED UNIT.
JOB NO. F6435000, SUPERVISORY SUPPLY TECHNICIAN, GS-8, STANDARD BASE
SUPPLY SYSTEM
THE INCUMBENT WORKS WITH TWO TECHNICIAN SUBORDINATES: A SUPPLY
TECHNICIAN, GS-7, AND A SUPPLY CLERK, GS-5. ONE REMAINING AUTHORIZED
GS-5 TECHNICIAN POSITION IS VACANT. THE AUTHORITY FINDS THE RECORD
ESTABLISHES THAT THE INCUMBENT IS A SUPERVISOR AS DEFINED BY SECTION
7103(A)(10) OF THE STATUTE. THUS, HE ASSIGNS AND INSPECTS THE WORK OF
HIS SUBORDINATES, APPROVES THEIR ANNUAL AND SICK LEAVE, HIRED AND
PROMOTED THE GS-7 SUPPLY TECHNICIAN, AND EFFECTIVELY RECOMMENDED A
SPECIAL ACHIEVEMENT AWARD FOR THE GS-5 SUPPLY CLERK. AS THE FOREGOING
EXERCISE OF AUTHORITY REQUIRES THE CONSISTENT EXERCISE OF INDEPENDENT
JUDGMENT, THE AUTHORITY SHALL ORDER THAT JOB NO. F6435000, SUPERVISORY
SUPPLY TECHNICIAN, GS-8, STANDARD BASE SUPPLY SYSTEM, BE EXCLUDED FROM
THE ACT'S EXCLUSIVELY RECOGNIZED UNIT.
JOB NO. F6431000, SUPERVISORY INVENTORY MANAGEMENT SPECIALIST, GS-8,
STANDARD BASE SUPPLY SYSTEM
THE INCUMBENT WORKS WITH TWO TECHNICIAN SUBORDINATES: AN INVENTORY
MANAGEMENT SPECIALIST, GS-6, AND AN INVENTORY MANAGEMENT SPECIALIST,
GS-4. ONE REMAINING AUTHORIZED TECHNICIAN POSITION IS VACANT. THE
AUTHORITY FINDS THE RECORD ESTABLISHES THAT THE INCUMBENT IS A
SUPERVISOR AS DEFINED BY SECTION 7103(A)(10) OF THE STATUTE. THUS, HE
HAS EXERCISED THE AUTHORITY TO HIRE SUBORDINATES A NUMBER OF TIMES, TO
DISCIPLINE SUBORDINATES BY MEANS OF WRITTEN REPRIMANDS, TO APPROVE THEIR
OVERTIME AND ANNUAL AND SICK LEAVE, TO ASSIGN THEIR WORK, AND IN THE
PROCESS OF TRAINING A NEWLY HIRED SUBORDINATE, TO DIRECT HOW THE WORK IS
TO BE ACCOMPLISHED. AS THE FOREGOING EXERCISE OF AUTHORITY REQUIRES THE
CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT, THE AUTHORITY SHALL ORDER
THAT JOB NO. F6431000, SUPERVISORY INVENTORY MANAGEMENT SPECIALIST,
GS-8, STANDARD BASE SUPPLY SYSTEM, BE EXCLUDED FROM THE ACT'S
EXCLUSIVELY RECOGNIZED UNIT.
JOB NO. F6422000, SUPERVISORY INVENTORY MANAGEMENT SPECIALIST, GS-9,
STANDARD BASE SUPPLY SYSTEM
THE INCUMBENT WORKS WITH FOUR TECHNICIAN SUBORDINATES: ONE SUPPLY
TECHNICIAN, GS-7, AND THREE SUPPLY TECHNICIANS, GS-6. ONE REMAINING
AUTHORIZED TECHNICIAN POSITION IS VACANT. THE AUTHORITY FINDS THAT THE
INCUMBENT IS A SUPERVISOR WITHIN THE MEANING OF SECTION 7103(A)(10) OF
THE STATUTE AS HE CONSISTENTLY USES INDEPENDENT JUDGMENT IN THE EXERCISE
OF HIS AUTHORITY TO HIRE AND ASSIGN HIS SUBORDINATES. ACCORDINGLY, THE
AUTHORITY SHALL ORDER THAT JOB NO. F6422000, SUPERVISORY INVENTORY
MANAGEMENT SPECIALIST, GS-9, STANDARD BASE SUPPLY SYSTEM, BE EXCLUDED
FROM THE ACT'S EXCLUSIVELY RECOGNIZED UNIT.
SMALL SHOP CHIEFS
JOB NO. F6417000, AIRCRAFT REFUELING VEHICLE OPERATOR, WG-8, STANDARD
BASE SUPPLY SYSTEM
THE AUTHORITY FINDS THAT THE INCUMBENT, WHO DOES NOT DIRECT OR ASSIGN
HIS CO-WORKER AND IS ENGAGED IN ROUTINE WORK APPROXIMATELY 85% OF THE
TIME, IS NOT A SUPERVISOR AS HE DOES NOT CONSISTENTLY USE INDEPENDENT
JUDGMENT IN THE EXERCISE OF ANY OF THE SUPERVISORY AUTHORITIES
ENUMERATED IN THE DEFINITION OF "SUPERVISOR" IN SECTION 7103(A)(10) OF
THE STATUTE. THEREFORE, THE AUTHORITY SHALL ORDER THAT JOB NO.
F6417000, AIRCRAFT REFUELING VEHICLE OPERATOR, WG-8, STANDARD BASE
SUPPLY SYSTEM, REMAIN INCLUDED IN THE ACT'S EXCLUSIVELY RECOGNIZED UNIT.
JOB NO. F9214000, FABRIC WORKER, WG-11, AIR OPERATIONS
THE INCUMBENT WORKS WITH TWO TECHNICIAN SUBORDINATES: A PERMANENT
FULL-TIME WG-9 AND A TEMPORARY WG-9. THE AUTHORITY FINDS THAT THE
INCUMBENT IS A SUPERVISOR WITHIN THE MEANING OF SECTION 7103(A)(10) OF
THE STATUTE AS HE CONSISTENTLY USES INDEPENDENT JUDGMENT IN THE EXERCISE
OF HIS AUTHORITY TO DIRECT, ASSIGN, AND REWARD HIS SUBORDINATES.
ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT JOB NO. F9214000, FABRIC
WORKER, WG-11, AIR OPERATIONS, BE EXCLUDED FROM THE ACT'S EXCLUSIVELY
RECOGNIZED UNIT.
JOB NO. F4492100, INSTRUMENT MECHANIC, WG-12, AVIONICS BRANCH
THE AUTHORITY FINDS THAT THE INCUMBENT, WHO WORKS WITH ONE WG-11
TECHNICIAN SUBORDINATE, IS A SUPERVISOR WITHIN THE MEANING OF SECTION
7103(A)(10) OF THE STATUTE AS HE CONSISTENTLY USES INDEPENDENT JUDGMENT
IN THE EXERCISE OF HIS AUTHORITY TO ASSIGN HIS SUBORDINATE. THEREFORE,
THE AUTHORITY SHALL ORDER THAT JOB NO. F4492100, INSTRUMENT MECHANIC,
WG-12, AVIONICS BRANCH, BE EXCLUDED FROM THE ACT'S EXCLUSIVELY
RECOGNIZED UNIT.
JOB NO. F4541100, AIRCRAFT PNEUDRAULIC SYSTEMS MECHANIC, WG-11, FIELD
MAINTENANCE BRANCH
THE AUTHORITY FINDS THE RECORD ESTABLISHES THAT THE INCUMBENT IS A
SUPERVISOR AS DEFINED BY SECTION 7103(A)(10) OF THE STATUTE. THUS, HE
IS ULTIMATELY RESPONSIBLE FOR AND EXERCISES HIS AUTHORITY TO ASSIGN THE
IN-SHOP WORK OF HIS SUBORDINATE (A WG-10 TECHNICIAN), HAS EXERCISED THE
AUTHORITY, INDEPENDENT OF HIS SUPERVISOR, TO APPROVE HIS SUBORDINATE'S
COMPENSATORY TIME, AND IN THE PROCESS OF TRAINING HIS REGULAR
SUBORDINATE AND A TEMPORARY TECHNICIAN, DIRECTS HOW THE WORK IS TO BE
ACCOMPLISHED. AS THE FOREGOING EXERCISE OF AUTHORITY REQUIRES THE
CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT, THE AUTHORITY SHALL ORDER
THAT JOB NO. F4541100, AIRCRAFT PNEUDRAULIC SYSTEMS MECHANIC, WG-11,
FIELD MAINTENANCE BRANCH, BE EXCLUDED FROM THE ACT'S EXCLUSIVELY
RECOGNIZED UNIT.
JOB NO. F4535100, PNEUDRAULIC SYSTEMS MECHANIC, WG-11, FIELD
MAINTENANCE BRANCH
THE AUTHORITY FINDS THAT THE INCUMBENT, WHO WORKS WITH ONE WG-10
TECHNICIAN SUBORDINATE, IS A SUPERVISOR WITHIN THE MEANING OF SECTION
7103(A)(10) OF THE STATUTE AS HE CONSISTENTLY USES INDEPENDENT JUDGMENT
IN THE EXERCISE OF HIS AUTHORITY TO ASSIGN HIS SUBORDINATE. THEREFORE,
THE AUTHORITY SHALL ORDER THAT JOB NO. F4535100, PNEUDRAULIC SYSTEMS
MECHANIC, WG-11, FIELD MAINTENANCE BRANCH, BE EXCLUDED FROM THE ACT'S
EXCLUSIVELY RECOGNIZED UNIT.
JOB NO. F4548100, PNEUDRAULIC SYSTEMS MECHANIC, WG-10, FIELD
MAINTENANCE BRANCH
THE INCUMBENT IS LOCATED IN THE ENVIRONMENTAL SHOP OF THE AEROSPACE
SYSTEMS SECTION, FIELD MAINTENANCE BRANCH. HIS IMMEDIATE SUPERVISOR IS
THE AEROSPACE SYSTEMS FOREMAN, A WS-10. THE RECORD REVEALS THAT DURING
THE APPROXIMATELY FOUR MONTHS PRECEDING AND INCLUDING THE DATE OF THE
HEARING IN THIS MATTER, THE INCUMBENT HAS HAD NO CIVILIAN TECHNICIAN
SUBORDINATE. ALTHOUGH THE ACTIVITY ASSERTS THAT THE POSITION IS
SUPERVISORY, AND THAT IT PLANS TO FILL THE SUBORDINATE VACANCY, THE
AUTHORITY FINDS THAT IT WOULD NOT EFFECTUATE THE PURPOSES AND POLICIES
OF THE STATUTE TO CLARIFY ACT'S EXCLUSIVELY RECOGNIZED UNIT AS TO THE
POSITION AT ISSUE MERELY ON THE BASIS OF SPECULATION THAT THE ACTIVITY
WILL IN FACT FILL THE POSITION'S SUBORDINATE VACANCY. ACCORDINGLY, THE
AUTHORITY SHALL ORDER THAT JOB NO. F4548100, PNEUDRAULIC SYSTEMS
MECHANIC, WG-10, FIELD MAINTENANCE BRANCH, REMAIN INCLUDED IN THE ACT'S
EXCLUSIVELY RECOGNIZED UNIT. CF. THE ADJUTANT GENERAL, STATE OF
VERMONT, VERMONT AIR NATIONAL GUARD, 5 FLRA NO. 104(1980),
(NONDESTRUCTIVE TESTER, WG-5439-11, INCLUDED IN UNIT AS NO PLANS TO FILL
SUBORDINATE VACANCY).
JOB NO. F5316000, SUPERVISORY QUALITY INSPECTION SPECIALIST, GS-9,
FIELD MAINTENANCE BRANCH
THE AUTHORITY FINDS THAT THE INCUMBENT, WHO WORKS WITH ONE GS-8
TECHNICIAN SUBORDINATE, IS A SUPERVISOR WITHIN THE MEANING OF SECTION
7103(A)(10) OF THE STATUTE AS HE CONSISTENTLY USES INDEPENDENT JUDGMENT
IN THE EXERCISE OF HIS AUTHORITY TO ASSIGN OVERTIME AND IN-SHOP BACKLOG
WORK TO HIS SUBORDINATE. ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT
JOB NO. F5316000, SUPERVISORY QUALITY INSPECTION SPECIALIST, GS-9,
FIELD MAINTENANCE BRANCH, BE EXCLUDED FROM THE ACT'S EXCLUSIVELY
RECOGNIZED UNIT.
ORDER
IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED HEREIN FOR
WHICH THE ASSOCIATION OF CIVILIAN TECHNICIANS, INC., DELAWARE CHAPTER,
WAS RECOGNIZED AS THE EXCLUSIVE REPRESENTATIVE ON MAY 22, 1969, BE, AND
IT HEREBY IS, CLARIFIED BY EXCLUDING FROM SAID UNIT THE FOLLOWING
POSITIONS: COMMAND ADMINISTRATIVE SPECIALIST, JOB NO. R7116000, GS-8,
COMMAND AND CONTROL HEADQUARTERS; COMMAND ADMINISTRATIVE SPECIALIST,
JOB NO. R7116000, GS-7, 736TH SUPPLY AND SERVICE BATTALION;
ADMINISTRATIVE SUPPLY TECHNICIAN, JOB NO. 7135000, GS-7, COMPANY A OF
THE 198TH SIGNAL BATTALION; ADMINISTRATIVE SUPPLY TECHNICIAN, JOB NO.
7136000, GS-7, COMPANY B OF THE 198TH SIGNAL BATTALION; MILITARY
PERSONNEL MANAGEMENT SPECIALIST, JOB NO. F7401000, GS-10,
ADMINISTRATION, HEADQUARTERS; BUDGET AND ACCOUNTING ANALYST, JOB NO.
F6724100, GS-9, RESOURCE MANAGEMENT SQUADRON; OFFICE SERVICES MANAGER,
JOB NO. F7155000, GS-9, BASE SERVICES OFFICE; HEALTH TECHNICIAN, JOB
NO. F9019000, GS-9, BASE SERVICES OFFICE; TRAINING TECHNICIAN, JOB NO.
F7507100, GS-8, BASE SERVICES OFFICE; SUPERVISORY SUPPLY TECHNICIAN,
JOB NO. F6435000, GS-8, STANDARD BASE SUPPLY SYSTEM; SUPERVISORY
INVENTORY MANAGEMENT SPECIALIST, JOB NO. F6431000, GS-8, STANDARD BASE
SUPPLY SYSTEM; SUPERVISORY INVENTORY MANAGEMENT SPECIALIST, JOB NO.
F6422000, GS-9, STANDARD BASE SUPPLY SYSTEM; FABRIC WORKER, JOB NO.
F9214000, WG-11, AIR OPERATIONS; INSTRUMENT MECHANIC, JOB NO. F4492100,
WG-12, AVIONICS, BRANCH, AIRCRAFT PNEUDRAULIC SYSTEMS MECHANIC, JOB NO.
F4541100, WG-11, FIELD MAINTENANCE BRANCH; PNEUDRAULIC SYSTEMS
MECHANIC, JOB NO. F4535100, WG-11, FIELD MAINTENANCE BRANCH; AND
SUPERVISORY QUALITY INSPECTION SPECIALIST, JOB NO. F5316000, GS-9, FIELD
MAINTENANCE BRANCH. THE UNIT IS FURTHER CLARIFIED BY INCLUDING IN SAID
UNIT THE FOLLOWING POSITIONS: FLIGHT INSTRUCTOR, JOB NO. F1430000,
GS-13, AIR OPERATIONS (THREE INCUMBENTS); OPERATIONS AND TRAINING
SPECIALIST, JOB NO. R0255000, GS-9, 198TH SIGNAL BATTALION; COMMAND
ADMINISTRATIVE SPECIALIST, JOB NO. R7116000, GS-7, 198TH SIGNAL
BATTALION; ADMINISTRATIVE SUPPLY TECHNICIAN, JOB NO. R7135000, GS-7,
COMPANY B OF THE 150TH AVIATION BATTALION; AIRCRAFT REFUELING VEHICLE
OPERATOR, JOB NO. F6417000, WG-8, STANDARD BASE SUPPLY SYSTEM; AND
PNEUDRAULIC SYSTEMS MECHANIC, JOB NO. F4548100, WG-10, FIELD MAINTENANCE
BRANCH.
IT IS HEREBY ORDERED THAT THE PETITION IN CASE NO. 2-CU-4, BE, AND IT
HEREBY IS, DISMISSED TO THE EXTENT THAT IT SEEKS TO CLARIFY THE UNIT
ELIGIBILITY OF THE FOLLOWING POSITIONS: OPERATIONS AND TRAINING
SPECIALIST, JOB NO. R0255000, GS-9, (CHIDESTER); COMMAND ADMINISTRATIVE
SPECIALIST, JOB NO. R7116000, GS-7, (GEORGE T. MESSICK); ADMINISTRATIVE
SUPPLY TECHNICIAN, JOB NO. R7135000, GS-7, (PATRIC A. RACZ); SECURITY
OFFICER, JOB NO. F8143100, GS-9, BASE SERVICES OFFICE; AIRCRAFT
ELECTRICIAN, JOB NO. F4538100, WG-11, FIELD MAINTENANCE BRANCH; COMMAND
ADMINISTRATIVE SPECIALIST, JOB NO. R7116000, GS-7, 116TH SUPPORT
HOSPITAL; ADMINISTRATIVE SUPPLY TECHNICIAN, JOB NO. 7135000, GS-7,
COMPANY C OF TH3 198TH SIGNAL BATTALION; ADMINISTRATIVE SUPPLY
TECHNICIAN, JOB NO. 7135000, GS-7, 280TH SIGNAL COMPANY; ADMINISTRATIVE
SUPPLY TECHNICIAN, JOB NO. 7135000, GS-7, 251ST SIGNAL COMMAND;
ADMINISTRATIVE SUPPLY TECHNICIAN, JOB NO. 7135000, GS-7, 945TH
MAINTENANCE COMPANY; ADMINISTRATIVE SUPPLY TECHNICIAN, JOB NO. 7135000,
GS-7, 2198TH MAINTENANCE COMPANY; AND ADMINISTRATIVE SUPPLY TECHNICIAN,
JOB NO. 7135000, GS-7, 262ND HEAVY EQUIPMENT AND MAINTENANCE COMPANY.
ISSUED, WASHINGTON, D.C., JUNE 1, 1982
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
/1/ AT THE HEARING, THE ACTIVITY WITHDREW FROM ITS PETITION THE
QUESTION OF ELIGIBILITY AS TO CERTAIN EMPLOYEES CLASSIFIED IN JOB NO.
F4532000, AIRCRAFT MECHANIC, AND JOB NO. R7116000, COMMAND
ADMINISTRATIVE SPECIALIST. IN ADDITION, THE PARTIES STIPULATED THAT
CERTAIN EMPLOYEES CLASSIFIED IN JOB NO. R6319000, GENERAL MECHANIC
LEADER, AND JOB NO. R7302000, ACCOUNTING TECHNICIAN, SHOULD BE INCLUDED
IN THE BARGAINING UNIT, AND THAT CERTAIN OTHER EMPLOYEES CLASSIFIED IN
JOB NO. R0290000, RECRUITING AND RETENTION MANAGER; JOB NO. R7164000,
ENLISTED MILITARY PERSONNEL MANAGER; JOB NO. R0258000, OPERATIONS AND
TRAINING SPECIALIST; AND JOB NO. R7163000, SENIOR COMMAND
ADMINISTRATIVE SPECIALIST, ARE SUPERVISORS, AND SHOULD BE EXCLUDED FROM
THE BARGAINING UNIT. IN THE CONTEXT OF A UNIT CLARIFICATION PETITION,
SUCH STIPULATIONS ARE VIEWED AS "MOTIONS TO AMEND" THE PETITION IN ORDER
TO DELETE AND, IN EFFECT, WITHDRAW THE PETITION AS TO THE STIPULATED JOB
CLASSIFICATIONS. UNDER THESE CIRCUMSTANCES, THE "MOTIONS TO AMEND" ARE
HEREBY GRANTED, AND THE AUTHORITY THEREFORE FINDS IT UNNECESSARY TO
CLARIFY THE STATUS OF THE EMPLOYEES IN THE STIPULATED JOB
CLASSIFICATIONS.
REGARDING JOB NO. R0255000, OPERATIONS AND TRAINING SPECIALIST, GS-9,
THE ACTIVITY/PETITIONER REFERS IN ITS BRIEF TO THE AUTHORITY TO A
STIPULATION BY THE PARTIES REQUESTING THE AUTHORITY'S ELIGIBILITY
DETERMINATION WITH RESPECT TO THE INCUMBENT IN THE 198TH SIGNAL
BATTALION BE APPLIED TO AN INCUMBENT IDENTIFIED ONLY AS "CHIDESTER."
SUCH A STIPULATION DOES NOT APPEAR IN THE RECORD. IN VIEW OF THE LACK
OF RECORD EVIDENCE OF AGREEMENT BY THE PARTIES TO SUCH A STIPULATION OR
OF THE DUTIES AND RESPONSIBILITIES OF THE DISPUTED POSITION, THE
AUTHORITY WILL MAKE NO ELIGIBILITY FINDING CONCERNING THE POSITION
OCCUPIED BY EMPLOYEE "CHIDESTER." SEE UNITED STATES DEPARTMENT OF THE
NAVY, U.S. NAVAL STATION, PANAMA, 7 FLRA NO. 74(1981) AT N. 6.
/2/ JOB NO. R7116000, COMMAND ADMINISTRATIVE SPECIALIST, GS-7,
(GEORGE T. MESSICK), AND JOB NO. R7135000, ADMINISTRATIVE SUPPLY
TECHNICIAN, GS-7, (PATRICK A RACZ) ARE NOT SUFFICIENTLY IDENTIFIED BY
THE PETITIONER. ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT THE SUBJECT
PETITION BE DISMISSED TO THE EXTENT IT SEEKS TO CLARIFY ACT'S
EXCLUSIVELY RECOGNIZED UNIT AS TO THE POSITIONS IDENTIFIED ONLY AS JOB
NO. R7116000, COMMAND ADMINISTRATIVE SPECIALIST, GS-7, (GEORGE T.
MESSICK), AND JOB NO. R7135000, ADMINISTRATIVE SUPPLY TECHNICIAN, GS-7,
(PATRICK A. RACZ).
THE RECORD REVEALS THAT TWO OF THE POSITIONS IN DISPUTE WERE VACANT
AT THE TIME OF THE HEARING IN THIS MATTER: JOB NO. F8143100, SECURITY
OFFICER, GS-9, BASE SERVICES OFFICE, AND JOB NO. F4538100, AIRCRAFT
ELECTRICIAN, WG-11, FIELD MAINTENANCE BRANCH. THE AUTHORITY WILL NOT
MAKE ELIGIBILITY DETERMINATIONS FOR VACANT POSITIONS. DEPARTMENT OF THE
TREASURY, BUREAU OF THE MINT, U.S. MINT, DENVER, COLORADO, 6 FLRA NO.
17(1981). ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT THE SUBJECT
PETITION BE DISMISSED TO THE EXTENT THAT IT SEEKS TO CLARIFY THE UNIT
ELIGIBILITY OF THE TWO VACANT POSITIONS HEREIN.
/3/ SECTION 7103(A)(11) OF THE STATUTE DEFINES "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(.)
/4/ ALTHOUGH ONE OF THE INCUMBENTS HAS BEEN DESIGNATED BY THE AIR
OPERATIONS OFFICER TO ACT AS HIS DEPUTY IN THE LATTER'S ABSENCE, NO
EVIDENCE WAS PRESENTED NOR IS A CONTENTION MADE THAT THE INCUMBENT IS A
SUPERVISOR.
/5/ IN PERTINENT PART, SECTION 7103(A)(10) OF THE STATUTE DEFINES
"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(.)
/6/ SECTION 7103(A)(2) PROVIDES, IN PERTINENT PART:
(A) FOR THE PURPOSE OF THIS CHAPTER --
* * * *
(2) 'EMPLOYEE' MEANS AN INDIVIDUAL --
(A) EMPLOYED IN AN AGENCY; . . .
* * * *
BUT DOES NOT INCLUDE --
* * * *
(II) A MEMBER OF THE UNIFORMED SERVICES(.)
/7/ SEE NORTH CAROLINA AIR NATIONAL GUARD, CHARLOTTE, NORTH CAROLINA,
4 FLRA NO. 44(1980), WHICH AROSE UNDER THE PROVISIONS OF EXECUTIVE ORDER
11491, AS AMENDED, BUT WHICH DISCUSSED THE APPLICATION OF THE PROVISIONS
OF THE STATUTE TO THE QUESTION OF SUPERVISORY STATUS OF THOSE WHO
EXERCISED SUPERVISORY AUTHORITY OVER MEMBERS OF THE UNIFORMED SERVICES.
/8/ ALTHOUGH THE RECORD INDICATES THAT IN ONE INSTANCE, THE INCUMBENT
EFFECTIVELY RECOMMENDED TO HIS SUPERVISOR THAT TWO INDIVIDUALS RECEIVE
STEP INCREASES, THE AUTHORITY FINDS THAT THIS SINGLE INSTANCE OF AN
EFFECTIVE RECOMMENDATION REGARDING TWO STEP INCREASES DOES NOT ESTABLISH
A CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT WITH RESPECT TO THE
PERFORMANCE OF SUPERVISORY DUTIES. SEE ARMY AND AIR FORCE EXCHANGE
SERVICE, BASE EXCHANGE, FORT CARSON, FORT CARSON, COLORADO, 3 FLRA
595(1980).
/9/ SEE N. 1, SUPRA.
/10/ ID.
/11/ IN VIEW OF THE ABOVE FINDING ON SUPERVISORY STATUS, IT WAS
CONSIDERED UNNECESSARY TO PASS UPON THE ACTIVITY'S ASSERTIONS THAT THE
INCUMBENT SHOULD ALSO BE EXCLUDED FROM THE UNIT ON THE BASIS THAT HE IS
A MANAGEMENT OFFICIAL OR THAT HE IS ENGAGED IN FEDERAL PERSONNEL WORK IN
OTHER THAN A PURELY CLERICAL CAPACITY.