[ v10 p402 ]
10:0402(66)CU
The decision of the Authority follows:
10 FLRA No. 66
UNITED STATES AIR FORCE
EGLIN AIR FORCE BASE
EGLIN AIR FORCE BASE, FLORIDA
Activity/Petitioner
and
NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1940
Labor Organization
Case No. 4-CU-36
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 CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
PARTIES' CONTENTIONS, /1/ THE AUTHORITY FINDS: NFFE WAS CERTIFIED ON
OCTOBER 29, 1979, AS THE EXCLUSIVE BARGAINING REPRESENTATIVE FOR A UNIT
OF ALL APPROPRIATED FUND CIVIL SERVICE PROFESSIONAL EMPLOYEES ASSIGNED
TO THE EGLIN AIR FORCE BASE COMPLEX WHO ARE SUBJECT TO THE PERSONNEL
ADMINISTRATION AUTHORITY OF THE EGLIN AIR FORCE BASE COMMANDER.
ESSENTIALLY, THE ACTIVITY/PETITIONER SEEKS TO EXCLUDE FROM THE
RECOGNIZED UNIT FIVE EMPLOYEES IN THREE JOB CLASSIFICATIONS BASED ON THE
ALLEGATION THAT THEY ARE SUPERVISORS, MANAGEMENT OFFICIALS OR BOTH. /2/
SUPERVISORS /3/
THE ACTIVITY/PETITIONER CONTENDS THAT RONALD BOULET, GENERAL
ENGINEER, GS-801-14; ROBERT ERHART, ELECTRONICS ENGINEER, GS-885-14;
LEROY STABLES, PHYSICIST, GS-1310-14; JOHN COLLINS, PHYSICIST,
GS-1310-13; AND MICHAEL NAPOLI, ELECTRONICS ENGINEER, GS-855-13 ARE
SUPERVISORS AND SHOULD BE EXCLUDED FROM THE UNIT. OF THESE, THE RECORD
ESTABLISHES THAT ERHART ASSIGNS WORK, HAS EFFECTIVELY RECOMMENDED THE
HIRING OF SUBORDINATES, AND HAS EFFECTIVELY RECOMMENDED PROMOTIONS AND
AWARDS FOR SUBORDINATES; AND THAT STABLES HAS EFFECTIVELY RECOMMENDED
AWARDS FOR SUBORDINATES. THE AUTHORITY FURTHER FINDS THAT THE ABOVE
DUTIES ARE NOT MERELY ROUTINE OR CLERICAL IN NATURE, BUT REQUIRE THE
CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT. ACCORDINGLY, ERHART AND
STABLES ARE SUPERVISORS WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE
STATUTE AND SHALL BE EXCLUDED FROM THE UNIT.
THE AUTHORITY CONCLUDES THAT THE REMAINING EMPLOYEES 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 JUDGMENT. NOR DO THE INCUMBENTS IN THESE POSITIONS EXERCISE
ANY OF THE OTHER STATUTORY INDICIA OF SUPERVISORY AUTHORITY.
ACCORDINGLY, THE AUTHORITY FINDS THAT THEY SHOULD REMAIN IN THE UNIT.
MANAGEMENT OFFICIAL /4/
THE ACTIVITY/PETITIONER CONTENDS THAT RONALD BOULET, GENERAL
ENGINEER, GS-801-14, IS A MANAGEMENT OFFICIAL 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; 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 BOULET IS NOT A MANAGEMENT
OFFICIAL AND SHOULD BE INCLUDED IN THE UNIT. THE RECORD ESTABLISHES
THAT BOULET IS A PROFESSIONAL WHOSE ACTIONS ASSIST IN IMPLEMENTING, AS
OPPOSED TO SHAPING, THE ACTIVITY'S POLICIES. THUS, BOULET IS NOT A
MANAGEMENT OFFICIAL IN THAT HE DOES NOT EXERCISE ANY DUTIES OR
RESPONSIBILITIES WHICH REQUIRE OR AUTHORIZE HIM TO FORMULATE, DETERMINE,
OR INFLUENCE THE POLICIES OF THE ACTIVITY WITHIN THE MEANING OF SECTION
7103(A)(11) OF THE STATUTE.
ORDER
IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED HEREIN BE,
AND IS HEREBY, CLARIFIED BY EXCLUDING FROM SAID UNIT ROBERT ERHART,
ELECTRONICS ENGINEER, GS-855-14; AND LEROY STABLES, PHYSICIST,
GS-1310-14.
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., OCTOBER 22, 1982
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
/1/ AS THE BRIEF FILED BY THE NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1940 (NFFE) WAS UNTIMELY FILED, IT HAS NOT BEEN
CONSIDERED HEREIN.
/2/ THE ACTIVITY/PETITIONER ORIGINALLY SOUGHT TO CLARIFY THE UNIT BY
EXCLUDING 285 EMPLOYEES IN 30 JOB CLASSIFICATIONS ON THE GROUND THAT
THEY WERE MANAGEMENT OFFICIALS. WHEN THE HEARING BEGAN, THE PARTIES
STATED THAT THEY HAD REACHED AGREEMENT ON 235 EMPLOYEES IN 20 JOB
CLASSIFICATIONS AND ASKED FOR AN ADJOURNMENT TO CONSIDER THE REMAINING
50 EMPLOYEES IN 10 JOB CLASSIFICATIONS. WHEN THE HEARING RECONVENED,
THE PARTIES HAD AGREED ON AN ADDITIONAL 44 EMPLOYEES IN 7 JOB
CLASSIFICATIONS, LEAVING 6 EMPLOYEES IN 3 JOB CLASSIFICATIONS IN
DISPUTE. DURING THE COURSE OF THE HEARING, THE PARTIES STIPULATED THAT
LARRY ELKINS, CHEMICAL ENGINEER, GS-893-14 WAS A MANAGEMENT OFFICIAL AND
SHOULD BE EXCLUDED FROM THE UNIT. THE AUTHORITY DEEMS THE PARTIES'
STIPULATION TO BE A MOTION TO AMEND THE PETITION WHICH ACCORDINGLY IT
HEREBY GRANTS.
/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. . . .
/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. . . .