[ v11 p198 ]
11:0198(45)CU
The decision of the Authority follows:
11 FLRA No. 45
UNITED STATES MARINE CORPS,
NONAPPROPRIATED FUND INSTRUMENTALITIES
Activity/Petitioner /1/
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1786, AFL-CIO
Labor Organization
Case No. 3-CU-96
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, the Authority finds: The American Federation of
Government Employees, Local 1786, AFL-CIO (AFGE) was certified on
October 9, 1980 as the exclusive bargaining representative for a unit of
all full-time, part-time, temporary and intermittent civilian and
off-duty military non-appropriated fund employees of NAF
Instrumentalities under the cognizance of the Battalion Commander,
Headquarters, U.S. Marine Corps, Henderson Hall, Arlington, Virginia
including the PX, Clubs, and Special Services located at Henderson Hall
and Eighth and "I". Essentially, the petition herein seeks to clarify
the bargaining unit status of numerous incumbents (listed in the
Appendix) in the job classifications characterized as Customer Service
Supervisors and Department Supervisors /2/ based on the
Activity/Petitioner's contentions that they are supervisors within the
meaning of section 7103(a)(10) of the Statute. /3/ The Authority
agrees. Thus, the record indicates that the incumbents assign and
direct work, have effectively recommended hiring of and promotions for
subordinates, and have disciplined 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 finds 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.
ORDER
IT IS HEREBY ORDERED that the unit sought to be clarified herein be,
and it hereby is, clarified by excluding from said unit, as supervisors,
those employees listed in the Appendix. 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
EMPLOYEES ALLEGED TO BE SUPERVISORS
B. Houck, Self Service Supervisor
M. Chappel, Ladies Supervisor
A. Brittain, Camera Supervisor
N. Joe, Mens Supervisor
T. Ishihara, Jewelry Supervisor
C. Bononelli, Customer Service Supervisor
R. Bailey, Case Lots Supervisor
K. McCue, Annex Supervisor
A. Beatson, Outdoor/Patio Supervisor
S. Stone, Sporting Goods Supervisor
B. Lavoie, Sound and Luggage Supervisor
N. Lewis, Uniform Supervisor
B. Lewis, Shoe Supervisor
--------------- FOOTNOTES$ ---------------
/1/ The name of the Activity/Petitioner appears as amended at the
hearing.
/2/ At the hearing, the parties entered into stipulations with regard
to the Marking Room Supervisor, Security Manager and Financial Manager
which are deemed motions to amend the petition and are hereby granted.
Accordingly, such positions will not be considered herein.
/3/ Section 7103(a)(10) 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 . . . .