[ v09 p795 ]
09:0795(100)CU
The decision of the Authority follows:
9 FLRA No. 100
DEPARTMENT OF THE AIR FORCE,
HANSCOM AIR FORCE BASE
BEDFORD, MASSACHUSETTS
Activity/Petitioner
and
NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R1-8
Labor Organization
Case No. 1-CU-39
DECISION AND ORDER CLARIFYING UNIT
UPON A PETITION DULY FILED WITH THE 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, /1/ THE AUTHORITY FINDS: THE NATIONAL ASSOCIATION
OF GOVERNMENT EMPLOYEES, LOCAL R1-8 (NAGE) WAS CERTIFIED ON NOVEMBER 29,
1971 AS THE EXCLUSIVE BARGAINING REPRESENTATIVE FOR A UNIT OF ALL
NONSUPERVISORY, NONPROFESSIONAL GENERAL SCHEDULE EMPLOYEES SERVICED BY
THE FEDERAL CIVILIAN PERSONNEL OFFICE, L. G. HANSCOM FIELD, BEDFORD,
MASSACHUSETTS. ESSENTIALLY THE PETITION HEREIN SEEKS TO CLARIFY THE
BARGAINING UNIT STATUS OF NUMEROUS INCUMBENTS IN VARIOUS JOB
CLASSIFICATIONS BASED ON THE ACTIVITY'S CONTENTIONS THAT THEY ARE
SUPERVISORS, MANAGEMENT OFFICIALS OR BOTH. /2/
SUPERVISORS /3/
THE ACTIVITY CONTENDS THAT THE EMPLOYEES IN THE JOB CLASSIFICATIONS
LISTED IN APPENDIX A ARE SUPERVISORS AND SHOULD BE EXCLUDED FROM THE
BARGAINING UNIT. OF THESE, THE RECORD ESTABLISHES THAT GERALD JAROSAK,
PROGRAM ANALYST, GS-0345-13, ASSIGNS WORK, HAS HIRED SUBORDINATES AND
HAS EFFECTIVELY RECOMMENDED SUBORDINATES FOR AWARDS; THAT GERALD
BALCOM, ANTHONY STORACE, MAURICE RACITI, AND EMERY CARON, ALL OF WHOM
ARE LOGISTICS MANAGEMENT SPECIALISTS, GS-0346-13, ASSIGN WORK AND HAVE
EFFECTIVELY RECOMMENDED THE HIRING OF SUBORDINATES; THAT ROBERT
HERZBERG, COMPUTER EQUIPMENT ANALYST, GS-0334-14, ASSIGNS WORK AND HAS
EFFECTIVELY RECOMMENDED THE HIRING OF SUBORDINATES; THAT ROBERT WATERS
AND RAYMOND CARLE, BOTH OF WHOM ARE COMPUTER SPECIALISTS, GS-0334-14,
ASSIGN WORK AND HAVE EFFECTIVELY RECOMMENDED THE HIRING OF AND AWARDS
FOR SUBORDINATES; AND THAT EBEN TOWNES AND DEAN STEWARD, BOTH OF WHOM
ARE CONTRACT SPECIALISTS, GS-1102-13, ASSIGN WORK AND HAVE EFFECTIVELY
RECOMMENDED AWARDS FOR 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. /4/
THE AUTHORITY FURTHER FINDS THAT THE INCUMBENTS IN THE REMAINING JOB
CLASSIFICATIONS 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 SUCH EMPLOYEES IN
THE PERFORMANCE OF THAT WORK, SUCH FUNCTIONS ARE ROUTINE IN NATURE AND
DO NOT REQUIRE THE CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT. NOR DO
THE INCUMBENTS IN THESE JOB CLASSIFICATIONS EXERCISE ANY OF THE OTHER
STATUTORY INDICA OF SUPERVISORY AUTHORITY. ACCORDINGLY, THE AUTHORITY
SHALL ORDER THAT THEY REMAIN IN THE BARGAINING UNIT.
MANAGEMENT OFFICIALS /5/
THE ACTIVITY CONTENDS THAT THE EMPLOYEES IN THE JOB CLASSIFICATIONS
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 OF 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 JACK
CATALANO, COMPUTER EQUIPMENT ANALYST, GS-0334-13, IS A MANAGEMENT
OFFICIAL AND SHALL ORDER HIS EXCLUSION FROM THE BARGAINING UNIT. THUS,
THE RECORD ESTABLISHES THAT HE HAS DEVELOPED ACTIVITY-WIDE AS WELL AS
GOVERNMENT-WIDE POLICIES AND PROCEDURES IN THE COMPUTER CONTRACT
SUPPORT
AREA WHICH HAVE RESULTED IN THE FORMATION OF ACTIVITY OPERATING
INSTRUCTIONS COVERING EVALUATION OF VENDORS' CONTRACT PROPOSALS IN THE
AREA OF VENDOR ASSISTANCE IN PUTTING NEW COMPUTERS INTO OPERATION, THE
TRAINING OF OPERATORS AND MAINTENANCE OF THE EQUIPMENT. IT FOLLOWS THAT
HIS RESPONSIBILITIES REQUIRE AND AUTHORIZE HIM TO FORMULATE AND
DETERMINE THE POLICIES OF THE ACTIVITY WITHIN THE MEANING OF SECTION
7103(A)(11) OF THE STATUTE.
WITH RESPECT TO THE OTHER ALLEGED MANAGEMENT OFFICIALS, THE AUTHORITY
FINDS THAT THEY ARE PROFESSIONALS WHOSE ACTIONS ASSIST IN IMPLEMENTING,
AS OPPOSED TO SHAPING, THE ACTIVITY'S POLICIES. THUS, THE RECORD IS
CLEAR THAT THESE 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, AND THEREFORE THEY ARE NOT
MANAGEMENT OFFICIALS. ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT THESE
INCUMBENTS REMAIN IN THE BARGAINING UNIT.
ORDER
IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED HEREIN BE,
AND IT HEREBY IS, CLARIFIED BY EXCLUDING FROM SAID UNIT THE FOLLOWING
POSITIONS: GERALD JAROSAK, PROGRAM ANALYST, GS-0345-13; GERALD BALCOM,
LOGISTICS MANAGEMENT SPECIALIST, GS-0346-13; ANTHONY STORACE, LOGISTICS
MANAGEMENT SPECIALIST, GS-0346-13; MAURICE RACITI, LOGISTICS MANAGEMENT
SPECIALIST, GS-0346-13; EMERY CARON, LOGISTICS MANAGEMENT SPECIALIST,
GS-0346-13; ROBERT HERZBERG, COMPUTER EQUIPMENT ANALYST, GS-0334-14;
ROBERT WATERS, COMPUTER SPECIALIST, GS-0334-14; RAYMOND CARLE, COMPUTER
SPECIALIST, GS-0334-14; DEAN STEWARD, CONTRACT SPECIALIST, GS-1102-13;
EBEN TOWNES, CONTRACT SPECIALIST, GS-1102-13; AND JACK CATALANO,
COMPUTER EQUIPMENT ANALYST, GS-0334-13.
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., AUGUST 4, 1982
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
APPENDIX A
EMPLOYEES ALLEGED TO BE SUPERVISORS
WILLIAM JANOFSKY, COMPUTER SYSTEMS ANALYST, GS-0334-13
JOHN AIKEN, COMPUTER SYSTEMS ANALYST, GS-0334-14
JOSEPH GUARNOTTA, COMPUTER SYSTEMS ANALYST, GS-0334-14
ROBERT GRECO, COMPUTER SYSTEMS ANALYST, GS-0334-13
RICHARD WRIGHT, COMPUTER SYSTEMS ANALYST, GS-0334-14
DONALD HARTER, COMPUTER SYSTEMS ANALYST, GS-0334-14
TOM PANTAZIS, COMPUTER SYSTEMS ANALYST, GS-0334-14
ROBERT LENCEWICZ, COMPUTER SYSTEMS ANALYST, GS-0334-13
JOHN HAYDEN, COMPUTER SYSTEMS ANALYST, GS-0334-13
NELSON SNYDER, COMPUTER SYSTEMS ANALYST, GS-0334-13
DOUGLAS CAMPBELL, COMPUTER SYSTEMS ANALYST, GS-0334-13
DONALD FLEURY, COMPUTER SYSTEMS ANALYST, GS-0334-13
ROBERT HERZBERG, COMPUTER EQUIPMENT ANALYST, GS-0334-14
ROBERT WATERS, COMPUTER SPECIALISTS, GS-0334-14
RAYMOND CARLE, COMPUTER SPECIALIST, GS-0334-14
HANS ZSCHIRNT, COMPUTER SYSTEMS ANALYST, GS-0334-13
GERALD JAROSAK, PROGRAM ANALYST, GS-0345-13
THOMAS MOONEY, FINANCIAL SPECIALIST, GS-0501-13
GEORGE LYNCH, BUDGET ANALYST, GS-0560-13
TIMOTHY HORAN, CONTRACT NEGOTIATOR, GS-1102-13
ROBERT BOSINGER, CONTRACT NEGOTIATOR, GS-1102-13
LAWRENCE WHITNEY, CONTRACT NEGOTIATOR, GS-1102-13
ROGER COLLINS, CONTRACT NEGOTIATOR, GS-1102-13
HAROLD THOMAS, CONTRACT NEGOTIATOR, GS-1102-13
THOMAS COLANGELO, CONTRACT NEGOTIATOR, GS-1102-13
JOHN LEARY, CONTRACT NEGOTIATOR, GS-1102-13
JAMES LANE, CONTRACT NEGOTIATOR, GS-1102-13
ROBERT BRYCE, CONTRACT NEGOTIATOR, GS-1102-13
RICHARD AXTELL, CONTRACT NEGOTIATOR, GS-1102-13
ANTHONY DALY, CONTRACT NEGOTIATOR, GS-1102-13
JOHN FLAHERTY, CONTRACT NEGOTIATOR, GS-1102-13
ERIC HOKANS, CONTRACT NEGOTIATOR, GS-1102-13
DEAN STEWART, CONTRACT SPECIALIST, GS-1102-13
EBEN TOWNES, CONTRACT SPECIALIST, GS-1102-13
BLAKE SMITH, CONTRACT SPECIALIST, GS-1102-13
GERALD BALCOM, LOGISTIC" MANAGEMENT SPECIALIST, GS-0346-13
HUGH MCNEIL, RESOURCE ANALYST, GS-0301
ALBERT WISIALKO, RESOURCE ANALYST, GS-0301
ERNEST COUDERT, RESOURCE ANALYST, GS-0301
THOMAS ROBILLARD, RESOURCE ANALYST, G;-0301
MAITS LEBON, RESOURCE ANALYST, GS-0301
FRANK RYAN, COMPUTER SYSTEMS ANALYST, GS-0334-13
RICHARD GAUTHIER, COMPUTER SYSTEMS ANALYST, GS-0334-13
GERALD CASHIN, COMPUTER SYSTEMS ANALYST, GS-0334-13
ROBERT DEA, COMPUTER SYSTEMS ANALYST, GS-0334-13
MARK SULLIVAN, COMPUTER PROGRAMMER, GS-0334-13
ROBERT ROBITALLE, COMPUTER PROGRAMMER, GS-0334-13
STANLEY COWAN, COMPUTER PROGRAMMER, GS-0334-13
WILLIAM MAHAR, COMPUTER EQUIPMENT ANALYST, GS-0334-13
STANLEY COOPER, COMPUTER EQUIPMENT ANALYST, GS-0334-13
CHARLES BALDWIN, COMPUTER EQUIPMENT ANALYST, GS-0334-13
JOHN NIKULA, COMPUTER EQUIPMENT ANALYST, GS-0334-13
MARY MASTROCOLA, COMPUTER EQUIPMENT ANALYST, G"-0334-13
NICOLO MIRABILE, COMPUTER EQUIPMENT ANALYST, GS-0334-13
FREDERICK SEIFERT, COMPUTER EQUIPMENT ANALYST, GS-0334-13
RICHARD PIZZANO, COMPUTER EQUIPMENT ANALYST, GS-0334-13
CAROL ARCHIBALD, PROCUREMENT ANALYST, GS-1102-13
BERTRAND CULLEN, TECHNICIAL INFORMATION ANALYST, GS-1412-13
ANTHONY STORACE, LOGISTICS MANAGEMENT SPECIALIST, GS-0346-13
MAURICE RACITI, LOGISTICS MANAGEMENT SPECIALIST, GS-0346-13
EMERY CARON, LOGISTICS MANAGEMENT SPECIALIST, GS-0346-13
MYRON BARR, COMPUTER EQUIPMENT ANALYST, GS-0334-13
APPENDIX B
EMPLOYEES ALLEGED TO BE MANAGEMENT OFFICIALS
GERALD MENYHART, DATA MANAGEMENT SPECIALIST, GS-0301-13
IRA REIMER, DATA MANAGEMENT SPECIALIST, GS-0301-13
ROLAND USHER, CONFIGURATION MANAGEMENT SPECIALIST, GS-0301-13
MYRON BARR, COMPUTER EQUIPMENT ANALYST, GS-0334-13
JACK CATALANO, COMPUTER EQUIPMENT ANALYST, GS-0334-13
SALVATORE INQUANTI, PROGRAM ANALYST, GS-0345-13
RALPH CASPER, LOGISTIC" MANAGEMENT SPECIALIST, GS-0346-13
ELMER SUBINO, FINANCIAL SPECIALIST, GS-0501-13
JOSEPH SPIRITO, PROCUREMENT ANALYST, GS-1102-13
NORMAN DOWNES, PROCUREMENT ANALYST, GS-1102-13
HUGH MCNEIL, RESOURCE ANALYST, GS-0301-13
ALBERT WISIALKO, RESOURCE ANALYST, GS-0301-13
ERNEST COUDERT, RESOURCE ANALYST, GS-0301-13
THOMAS ROBILLARD, RESOURCE ANALYST, GS-0301-13
MAITS LEBON, RESOURCE ANALYST, GS-0301-13
FRANK RYAN, COMPUTER SYSTEMS ANALYST, GS-0334-13
RICHARD GAUTHIER, COMPUTER SYSTEMS ANALYST, GS-0334-13
GERALD CASHIN, COMPUTER SYSTEMS ANALYST, GS-0334-13
ROBERT DEA, COMPUTER SYSTEMS ANALYST, GS-0334-13
MARK SULLIVAN, COMPUTER PROGRAMMER, GS-0334-13
STANLEY COWAN, COMPUTER PROGRAMMER, GS-0334-13
ROBERT ROBITAILLI, COMPUTER PROGRAMMER, GS-0334-13
WILLIAM MAHAR, COMPUTER EQUIPMENT ANALYST, GS-0334-13
STANLEY COOPER, COMPUTER EQUIPMENT ANALYST, GS-0334-13
CHARLES BALDWIN, COMPUTER EQUIPMENT ANALYST, GS-0334-13
JOHN NIKULA, COMPUTER EQUIPMENT ANALYST, GS-0334-13
MARY MASTROCOLA, COMPUTER EQUIPMENT ANALYST, GS-0334-13
NICOLO MIRABILE, COMPUTER EQUIPMENT ANALYST, GS-0334-13
FREDERICK SEIFERT, COMPUTER EQUIPMENT ANALYST, GS-0334-13
RICHARD PIZZANO, COMPUTER EQUIPMENT ANALYST, GS-0334-13
CAROL ARCHIBALD, PROCUREMENT ANALYST, GS-1102-13
BERTRAND CULLEN, TECHNICAL INFORMATION SPECIALIST, GS-1412-13
WILLIAM LETENDRE, COMPUTER SYSTEMS ANALYST, GS-0334-14
JOSEPH GUARNOTTA, COMPUTER SYSTEMS ANALYST, GS-0334-14
ROBERT GRECO, COMPUTER SYSTEMS ANALYST, GS-0334-13
RICHARD WRIGHT, COMPUTER SYSTEMS ANALYST, GS-0334-14
DONALD HARTER, COMPUTER SYSTEMS ANALYST, GS-0334-14
TOM PANTAZIS, COMPUTER SYSTEMS ANALYST, GS-0334-14
ROBERT LENCEWICZ, COMPUTER SYSTEMS ANALYST, GS-0334-13
JOHN HAYDEN, COMPUTER SYSTEMS ANALYST, GS-0334-13
NELSON SNYDER, COMPUTER SYSTEMS ANALYST, GS-0334-13
DOUGLAS CAMPBELL, COMPUTER SYSTEMS ANALYST, GS-0334-13
DONALD FLEURY, COMPUTER SYSTEMS ANALYST, GS-0334-13
--------------- FOOTNOTES$ ---------------
/1/ AS THE BRIEF FILED BY THE NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R1-8 WAS UNTIMELY FILED, IT HAS NOT BEEN CONSIDERED
HEREIN.
/2/ IN ITS BRIEF, THE ACTIVITY MOVED TO AMEND ITS PETITION BY
WITHDRAWING INCUMBENT VICTOR H. LAUGHTON, INTELLIGENCE RESEARCH
SPECIALIST, GS-0132-13 FROM CONSIDERATION. THE MOTION TO AMEND IS
HEREBY GRANTED.
/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
ASSERTION 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 . . . .