[ v13 p100 ]
13:0100(26)CU
The decision of the Authority follows:
13 FLRA No. 26
AGENCY FOR INTERNATIONAL
DEVELOPMENT
Activity/Joint Petitioner
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1534, AFL-CIO
Labor Organization/Joint
Petitioner
Case No. 3-CU-94
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 consideration of the entire record, including the parties'
contentions, the Authority finds: On March 6, 1972, the American
Federation of Government Employees, AFL-CIO (AFGE) was certified as the
exclusive representative in an agency-wide unit of all professional and
nonprofessional general schedule and wage grade employees,
administratively determined (AD) employees and student aides employed by
the Agency for International Development (Activity). Essentially, the
petition, filed jointly by the Activity and AFGE Local 1534, seeks to
clarify the bargaining unit by excluding approximately 113 individuals
in various job classifications based on the Activity's contention that
they are management officials and, further, that some of them are also
supervisors. /1/ Additionally, in their joint petition, the parties
seek to clarify the existing unit certification to omit the exclusion of
guards on the basis that guards are no longer employed by the Activity,
and to amend the description of exclusions from the certified unit to
conform with the provisions of section 7112(b) of the Statute.
The attached Appendix contains a list of those job classifications
the incumbents of which are claimed by the Activity/Petitioner to be
management officials. /2/ 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 the incumbents listed in the Appendix are professionals whose
actions assist in implementing, as opposed to shaping, the Activity's
policies. Thus, the record establishes that these incumbents are not
management officials in that they do not exercise any duties or
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.
The Activity/Petitioner also claims that some unspecified individuals
listed in the Appendix should be excluded from the unit on the basis
that they are supervisors. /3/ However, the record fails to establish
that any of the employees listed in the Appendix exercises any of the
statutory indicia of supervisory authority so as to require their
exclusion from the bargaining unit. Based on the foregoing, the
Authority finds that the employees listed in the Appendix are neither
management officials nor supervisors within the meaning of the Statute
and therefore should not be excluded from the bargaining unit.
Additionally, as indicated above, the parties are also seeking to
amend the unit description so as to omit the specific reference to
guards in the unit exclusions and to conform the exclusionary language
to section 7112(b) of the Statute. Noting that the proposed amendment
of the unit description is consistent with the exclusions from
recognized units set forth in the Statute and accurately reflects the
absence of any guards employed by the Activity, and in view of the
parties' agreement as to such matters, the Authority shall order that
the description of the unit herein be amended pursuant to the parties'
joint request. /4/
ORDER
IT IS ORDERED that the unit sought to be clarified be, and it hereby
is, clarified by including in said unit those employees listed in the
Appendix.
IT IS FURTHER ORDERED that, with regard to the other job
classifications sought to be excluded herein, the petition be, and it
hereby is, dismissed.
IT IS FURTHER ORDERED that the unit sought to be amended herein, for
which the American Federation of Government Employees, AFL-CIO was
certified on March 6, 1973, be amended to read as follows:
Included: All professional and nonprofessional general
schedule and wage grade employees, administratively determined
employees (AD) and student aides employed by the Agency for
International Development, agencywide.
Excluded: All supervisors, management officials, employees
engaged in Federal personnel work in other than a purely clerical
capacity, employees primarily engaged in investigation or audit
functions relating to the work of individuals employed by the
agency whose duties directly affect the internal security of the
agency, and Foreign Service employees.
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 Classifications of Incumbents Alleged To Be Management Officials or
Supervisors
(1) Agricultural Economist, GS-11094-14 (PD #09638; Inc. Johnson,
William F.)
(2) Agricultural Economist, GS-110-14 (PD # 09660; Inc. Oweis,
Jiryis S.)
(3) Legislative Program Specialist, GS-301-13 (PD # 50087; Inc.
O'Sullivan, L. Marianne E.)
(4) Legislative Program Specialist, GS-301-13 (PD # 50087; Inc.
Kakesako, Susan M.S.)
(5) Program Analyst, GS-345-13 (PD # 13834; Inc. Thompson, Faye R.)
(6) Program Analyst, GS-345-13 (PD # 13846; Inc. Poe, Karen M.)
(7) International Cooperation Specialist, GS-0136-15 (PD # 13888;
Inc. Becker, Mary L.)
(8) International Cooperation Specialist, GS-0136-14 (PD # 13891;
Inc. Sherry, Jerome E.)
(9) Financial Economist, GS-110-14 (PD # 13890; Inc. Lieberson,
Joseph M.)
(10) Social Science Analyst, GS-101-14 (PD # 13793; Inc. Bloom, Abby
L.)
(11) Program Analyst, GS-0345-14 (PD # 13677; Inc. Lijewski, Edward
J.)
(12) Agriculture Economist, GS-0101-14 (PD # 13902; Inc. Simmons,
Emmy L.)
(13) Economist, GS-110-14 (PD # 13662; Inc. Wolgin, Jerome M.)
(14) Social Science Analyst, GS-1101-14 (PD # 13665; Inc. Zak,
Marilyn, A.)
(15) Program Analyst, GS-345-14 (PD # 13815; Inc. Vreeland, Mildred
C.)
(16) International Cooperation Specialist, GS-136-14 (PD # 31033;
Inc. Mulligan, Paul F.)
(17) International Cooperation Specialist, GS-136-14 (PD # 31033;
Inc. Mercker, Albert E., Jr.)
(18) International Cooperation Specialist, GS-136-14 (PD # 31033;
Inc. Durnan, James J., Jr.)
(19) International Cooperation Specialist, GS-136-14 (PD # 31033;
Inc. Frazier, Gladys M.)
(20) Physical Scientist, GS-1301-13, (PD # 13104; Inc. Krumpe, Paul
F.)
(21) International Education Specialist, GS-1701-14 (PD # 70346;
Inc. Meyer, Anthony J.)
(22) Program Analyst, GS-345-14 (PD # 70542; Inc. Roche, Elizabeth
P.)
(23) Technical Information Specialist, GS-1412-13 (PD # 70447; Inc.
Lawrence, Earle, G.)
(24) Project Analyst, GS-345-13 (PD # 70787; Inc. Danart, Arthur H.)
(25) Business and Industry Technologist, GS-1101-14 (PD # 70337;
Inc. Moeller, Roger D.)
(26) Environmental Protection Specialist, GS-028-14 (PD # 70744;
Inc. Kux, Mary B.)
(27) Nutrition Advisor, GS-601-15 (PD # 70797; Inc. Kahn, Samuel G.)
(28) Agriculturist, GS-0401-14 (PD # 70706; Inc. Collier, Carroll
Wayne)
(29) General Engineer, GS-801-14 (PD # 70775; Inc. Stearns, Palmer
Newcombe)
(30) Contract Specialist, GS-1102-13 (PD # 50760; Inc. Kelly, James
M.; Johnson, Judith D.)
(31) Contract Specialist, GS-1102-14 (PD # 50790; Inc. Walker,
Vincent H.)
(32) Contract Specialist, GS-1102-13 (PD # 50792; Inc. Casteel,
Philip O.; Cordero, Elizabeth A.)
(33) Contract Specialist, GS-1102-13 (PD # 50789; Inc. McClellan,
Ransom F. Jr.; Eldridge, Carolyn R.; Lewis, Doris W.)
(34) Agriculturist, GS-0401-14 (PD # 58742; Inc. Malcolm, John L.)
(35) International Trade Specialist, GS-1140-13 (PD # 50270; Inc.
O'Hare, Kathleen J.)
(36) International Trade Specialist, GS-1140-13; (PD # 50274; Inc.
McAllister, Michael P.)
(37) Traffic Management Specialist, GS-2130-14 (PD # 50287; Inc.
Eggan, Frederick M.)
(38) Industrial Trade Specialist, GS-1140-13 (PD # 50293; Inc.
Ullman, Wilmer A.; Frame, William M.; Green, Robert C.)
(39) Program Analyst, GS-345-14 (PD # 30805; Inc. Bacic, Alexis G.)
(40) Program Analyst, GS-345-14 (PD # 30786; Inc. Romano, Peter J.)
(41) International Cooperation Specialist, GS-136-13 (PD # 4839;
Inc. Burns, Richard P.)
(42) International Cooperation Specialist, GS-136-13 (PD # 4843;
Inc. Miller, Gerald D.)
(43) International Cooperation Specialist, GS-136-13 (PD # 10937;
Inc. Eney, Richard H.)
(44) International Cooperation Specialist, GS-136-13 (PD # 11091;
Inc. Johnson, Frances B.; PD # 10927; Inc. John, Yvonne J.; PD #11097;
Inc. Werlin, Louise Hillson)
(45) Financial Analyst, GS-1160-13 (PD # 40415; Inc. Zivandinovich,
George)
(46) International Cooperation Specialist, GS-0136-13 (PD # 40769;
Inc. Manley, James W.)
(47) Computer Systems Analyst, GS-334-13 (PD # 47727; Inc. Renz,
Steven F.; Wiseman, Michael W.; Thompson, Clinton)
(48) Computer Systems Analyst; GS-334-13 (PD # 47728; Inc. Miller,
Ronald V.; Van Vechten, Wayne H.; Nichols, Stuart Carter; Livesay,
Lawrence E.)
(49) Computer Systems Analyst; GS-334-13 (PD # 47729; Inc.
Anderson, William J.)
(50) Computer Specialist, GS-334-13 (PD # 47765; Inc. Jackson, James
Arthur)
(51) Supervisory Computer Specialist, GS-334-14 (PD # 47759; Inc.
Buzzard, Suzanne)
(52) Computer Specialist, GS-334-13 (PD # 47754; Inc. Wright, Elaine
M.)
(53) Computer Specialist, GS-334-13 (PD # 47751; Inc. Moore, Wanda
W.)
(54) Computer Specialist, GS-334-13 (PD # 47751; Inc. Harley,
William L.)
--------------- FOOTNOTES$ ---------------
/1/ During the course of the hearing, the parties stipulated that
certain employees were management officials or supervisors and should be
excluded from the unit. The parties further stipulated that certain
other job classifications should be removed from consideration herein.
Additionally, the parties stipulated that one employee should be
included in the unit. The Authority deems such stipulations to be
motions to amend the petition which are hereby granted.
Further, eleven of the positions in dispute were vacant at the time
of the hearing: (1) Technical Information Specialist, GS-1412-13 (PD
#70261); (2) Population Advisor (Public Health), GS-0685-13 (PD #1789);
(3) Agriculture Economist, GS-110-14 (PD # 70387); (4) Physical
Scientist, GS-1301-14 (PD # 70494); (5) Industrial Trade Specialist,
GS-1140-13 (PD # 50293); (6) Program Analyst, GS-345-13 (PD #40754);
(7) Program Analyst, GS-345-14 (PD # 40586); (8) Computer Systems
Analyst, GS-334-13 (PD # 47727); (9) Computer Systems Analyst,
GS-334-13 (PD # 47728); (10) Computer Specialist, GS-334-13 (PD #
47781); and (11) Computer Systems Analyst, GS-334-13 (PD # 47696). The
Authority will not make eligibility determinations for vacant positions.
U.S. Army Materials and Mechanics Research Center, 11 FLRA No. 46
(1983). Accordingly, the Authority shall order that the petition be
dismissed to the extent that it seeks to clarify the unit with respect
to these positions.
/2/ 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 .
. . .
/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/ See, e.g., Department of Defense, Defense Communications Agency
Headquarters, 11 FLRA No. 96 (1983).