13:0095(25)CU - Army Missile Command, Redstone Arsenal, Huntsville, AL and AFGE Local 1858 -- 1983 FLRAdec RP
[ v13 p95 ]
13:0095(25)CU
The decision of the Authority follows:
13 FLRA No. 25
U.S. ARMY MISSILE COMMAND
REDSTONE ARSENAL
HUNTSVILLE, ALABAMA
Activity/Petitioner
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1858
Labor Organization
Case No. 4-CU-30
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, AFL-CIO, Local 1858 (AFGE) was certified on
September 28, 1976 as the exclusive representative for a unit of all
non-supervisory professional employees of the U.S. Army Missile Command
which includes the Redstone Arsenal Support Activity who are serviced by
the U.S. Army Missile Command Civilian Personnel Division and who are
employed in the Redstone Arsenal, Alabama area. Essentially, the
petition seeks to clarify the bargaining unit status of numerous
employees in approximately 29 job classifications based on the
Activity/Petitioner's allegation that they are supervisors or management
officials. /1/ SUPERVISORS
The Activity/Petitioner contends that the incumbents in the job
classifications listed in the Appendix, with the exception of William
Malcolm, Aerospace Engineer, GS-861-15, are supervisors within the
meaning of section 7103(a)(10) of the Statute, /2/ and should be
excluded from the unit. Of these, the record establishes that the
incumbents in the job classifications Aerospace Engineer, GS-861-15
(except for Malcolm), Mechanical Engineer, GS-830-13, and Physical
Scientist, GS-1301-14, assign and direct work, and have effectively
recommended the hiring of and promotions and awards for subordinates;
that the incumbents in the job classification General Engineer,
GS-801-14, assign and direct work, and have effectively recommended the
hiring of and awards for subordinates; that the incumbents in the job
classifications General Engineer, GS-801-15, and Research Physicist,
GS-1310-14, assign and direct work, and have effectively recommended the
hiring of, awards for, and disciplinary actions against subordinates;
that the incumbents in the job classification Mechanical Engineer,
GS-830-14, assign and direct work, and have effectively recommended
promotions, awards for, and disciplinary actions against subordinates;
that the incumbents in the job classification Patent Attorney,
GS-1222-14, assigns and directs work and has effectively recommended
awards and promotions for subordinates; that the incumbent in the job
classification Historian, GS-170-13, assigns and directs work, and has
effectively recommended awards for and disciplinary actions against
subordinates; that the incumbents in the job classification Physicist,
GS-1310-13, assign and direct work, and have effectively recommended the
hiring of, awards for, and the transfers of subordinates; that the
incumbent in the job classification Research Aerospace Engineer,
GS-861-15, assigns and directs work, and has effectively recommended the
hiring of and promotions for subordinates; that the incumbent in the
job classification Research Chemical Engineer, GS-893-15, assigns and
directs work and has effectively recommended disciplinary actions
against subordinates; and the incumbents in the job classification
Research Chemist, GS-1320-15, assign and direct work, and have
effectively recommended the hiring of, awards and promotions for, and
disciplinary actions against subordinates. The Authority further finds
that the above duties are not merely routine or clerical in nature, but
require consistent exercise of independent judgment. Accordingly, the
incumbents in the job classifications listed above are supervisors
within the meaning of section 7103(a)(10) of the Statute and should be
excluded from the unit. The Authority further concludes that the
remaining incumbents in the classifications listed in the Appendix do
not exercise any of the statutory indicia of supervisory authority and
accordingly, the Authority concludes that they are not supervisors
within the meaning of section 7103(a)(10) of the Statute and thus should
remain in the unit. MANAGEMENT OFFICIALS
The Activity/Petitioner contends that William Malcolm, Aerospace
Engineer, GS-861-15, is a management official within the meaning of
section 7103(a)(11) of the Statute /3/ 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 Malcolm,
who works in the Guidance and Control Directorate and is an expert on
homing guidance technology, is a highly trained professional whose
actions assist in implementing, as opposed to shaping, the Activity's
policies. He currently does not exercise 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 as interpreted by the Authority. Accordingly, the Authority
finds that he is not a management official and therefore should be
included in the bargaining unit.
ORDER
IT IS ORDERED that the unit sought to be clarified herein be, and it
hereby is, clarified by excluding from said unit the incumbents in the
following job classifications: Aerospace Engineer, GS-861-15, with the
below exception; General Engineer, GS-801-14; General Engineer,
GS-801-15; Mechanical Engineer, GS-830-13; Mechanical Engineer,
GS-830-14; Patent Attorney, GS-1222-14; Historian, GS-170-13;
Physical Scientist, GS-1301-14; Physicist, GS-1310-13; Research
Aerospace Engineer, GS-861-15; Research Chemical Engineer, GS-893-15;
Research Chemist; GS-1320-15 and Research Physicist, GS-1310-14.
IT IS FURTHER ORDERED that the unit sought to be clarified herein be,
and it hereby is, clarified by including in said unit William Malcolm,
Aerospace Engineer, GS-861-15, and the remaining incumbents in the job
classifications listed in the Appendix. Issued, Washington, D.C.,
September 27, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
APPENDIX
JOB CLASSIFICATION ALLEGED TO BE SUPERVISORY
Aerospace Engineer, GS-861-13
Aerospace Engineer, GS-861-14
Aerospace Engineer, GS-861-15
Chemist, GS-1320-14
Ceramic Engineer, GS-892-13
Electrical Engineer, GS-855-13
Electrical Engineer, GS-855-14
Electrical Engineer, GS-855-15
General Engineer, GS-801-13
General Engineer, GS-801-14
General Engineer; GS-801-15
Historian, GS-170-13
Materials Engineer, GS-806-13
Materials Engineer, GS-806-14
Mathematician, GS-1520-13
Mechanical Engineer, GS-830-13
Mechanical Engineer, GS-830-14
Patent Advisor, GS-1221-14
Patent Attorney, GS-1222-14
Physical Scientist, GS-1301-14
Physicist, GS-1310-13
Physicist, GS-1310-14
Research Aerospace Engineer, GS-861-13
Research Aerospace Engineer, GS-861-14
Research Aerospace Engineer, GS-861-15
Research Chemical Engineer, GS-893-15
Research Chemist, GS-1320-14
Research Chemist, GS-1320-15
Research Physicist, GS-1310-14
--------------- FOOTNOTES$ ---------------
/1/ During the course of the hearing, the Activity/Petitioner, on
several occasions with the agreement of the AFGE and the hearing
officer, amended its petition by adding to and withdrawing from the list
of job classifications that it considered to be supervisory and by
deleting from consideration as management officials all but one
incumbent. Further, as no evidence was presented as to the status of
the incumbent in the job classification Safety Engineer, GS-803-13, the
Authority makes no determination as to whether he should be included or
excluded from the recognized unit.
/2/ 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 . . .
/3/ Section 7103(a)(11) 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.
. . .