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14:0187(39)CU
The decision of the Authority follows:
14 FLRA No. 39
THE ADJUTANT GENERAL, STATE OF GEORGIA
DEPARTMENT OF DEFENSE, MILITARY DIVISION
ATLANTA, GEORGIA
Activity /1/
and
GEORGIA ASSOCIATION OF CIVILIAN TECHNICIANS
Petitioner
Case No. 4-CU-30007
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 Georgia Association of
Civilian Technicians (ACT) was certified as the exclusive bargaining
representative for a unit of all General Schedule and Wage Board
Technicians employed by the Georgia Air National Guard. Essentially,
the petition seeks to clarify the bargaining unit status of eight
employees in seven job classifications based on the Activity's
allegations that they are supervisors and/or management officials.
SUPERVISORS /2/
The Activity contends that the incumbents in the following job
classifications are supervisors and should be excluded from the
bargaining unit: Fire Chief, GS-0080-09, F5710001; Production
Controller (Elec), GS-1152-09, F3990000; Testing Equipment Operator,
WG-5439-11, F5439200; Freight Rate Specialist, GS-2131-07, F6484100;
Security Officer, GS-0080-09, F8143100; Aircraft Electrician,
WG-2892-11, F4538100; and Fabric Worker, WG-3105-10, F4522200. Of
these, the record establishes that the incumbents in the job
classifications of Production Controller (Elec) and Testing Equipment
Operator assign and direct work, and have effectively recommended the
hiring of, and promotions for, subordinates; and that the incumbents in
the job classifications of Freight Rate Specialist, Aircraft Electrician
and Fabric Worker assign and direct work and have effectively
recommended the hiring of subordinates. Further, the Authority finds
the above duties are not merely routine or clerical in nature, but
require the consistent exercise of independent judgment. The Authority
further finds that the incumbent in the job classification Fire Chief
assigns and directs work and has effectively recommended the hiring of
subordinates, and that he devotes a preponderance of his employment time
in exercising such duties which are not merely routine or clerical in
nature, but require the consistent exercise of independent judgment.
/3/ Accordingly, the above employees are supervisors within the meaning
of section 7103(a)(10) of the Statute and shall be excluded from the
unit. /4/
The Authority further finds that the incumbent in the job
classification of Security Officer is not a supervisor within the
meaning of section 7103(a)(10) as he does not supervise "employees." In
this regard, section 7103(a)(2) of the Statute defines an "employee" as
an individual "employed in an agency." Section 7103(a)(3) defines agency
in principle part as "an Executive Agency." However, the individuals
supervised by the Security Officer herein are employed by the State of
Georgia which pays their salaries and fringe benefits and under whose
laws they are covered. Therefore, the Authority finds that the Security
Officer is not a supervisor as defined in the Statute. /5/
MANAGEMENT OFFICIALS /6/
Alternatively, the Activity contends that the Security Officer is a
management official and must be excluded from the unit on that basis.
In the lead case of Department of the Navy, Automatic Data Processing
Selection Office, 7 FLRA 172(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 the above
incumbent is not a management official, but is a highly trained
professional whose actions assist in implementing, as opposed to
shaping, the Activity's policies. Thus, while the incumbent, under the
direction of his superiors, implements and supplements security
requirements for his base, he does so within well defined guidelines
established by Air Force security policy as set forth in Air Force
Regulation 207-01 and other Air Force regulatory guidelines. It follows
that the Security Officer 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. Accordingly,
the Authority finds that the Security Officer should be included in the
bargaining unit.
ORDER
IT IS ORDERED that the unit sought to be clarified be, and it hereby
is, clarified by excluding from said unit the incumbents in the
following job classifications: Fire Chief, GS-0080-09, F5710001;
Production Controller (Elec), GS-1152-09, F3990000; Testing Equipment
Operator, WG-5439-11, F5439200; Freight Rate Specialist, GS-2131-07,
F6484100; Aircraft Electrician, WG-2892-11, F4538100; and Fabric
Worker, WG-3105-10, F4522200.
IT IS FURTHER ORDERED that the unit sought to be clarified be, and it
hereby is, clarified by including in said unit the incumbent in the job
classification Security Officer, GS-0080-09, F8143100.
Issued, Washington, D.C., April 6, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
/1/ The name of the Activity appears as amended at the hearing.
/2/ 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, except that, with respect to any
unit which includes firefighters or nurses, the term 'supervisor'
includes only those individuals who devote a preponderance of
their employment time to exercising such authority(.)
/3/ Fire Department, 4392d Aerospace Support Group, Vandenberg Air
Force Base, California, 9 FLRA No. 120(1982).
/4/ Therefore, it is unnecessary to pass upon the Activity's
additional assertion that the above incumbents should also be excluded
from the unit on the basis that they are management officials.
/5/ See The Division of Military and Naval Affairs Public Security
Building State Campus, Albany, New York 12226 National Guard Bureau, 13
FLRA No. 42(1983).
/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 . . .