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03:0382(58)CU
The decision of the Authority follows:
3 FLRA No. 58
DEPARTMENT OF THE AIR FORCE
NATIONAL GUARD BUREAU
THE ADJUTANT GENERAL
THE STATE OF ARIZONA /1/
Activity/Petitioner
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3046
Labor Organization
Case No. 8-CU-1
DECISION AND ORDER CLARIFYING UNIT
UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
UNDER SEC. 7111(B)(2) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
STATUTE, 5 U.S.C. 7101-7135, A HEARING WAS HELD BEFORE HEARING OFFICER
THOMAS R. WILSON. THE HEARING OFFICER'S RULINGS MADE AT THE HEARING ARE
FREE FROM PREJUDICIAL ERROR AND HEREBY AFFIRMED.
UPON THE ENTIRE RECORD IN THE SUBJECT CASE, THE AUTHORITY FINDS: THE
ACTIVITY FILED A PETITION FOR CLARIFICATION OF UNIT (CU) SEEKING TO
CLARIFY A UNIT REPRESENTED BY THE AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3046, AFL-CIO (AFGE). /2/ SPECIFICALLY, THE ACTIVITY
SEEKS TO EXCLUDE FROM THE UNIT EMPLOYEES IN THE FOLLOWING JOB
DESCRIPTIONS: AIRCRAFT MECHANIC, WG-8852-12; PNEUDRAULIC SYSTEMS
MECHANIC, WG-8255-12; AIRCRAFT ELECTRICIAN, WG-2892-11; AIRCRAFT
PNEUDRAULIC SYSTEMS MECHANIC, WG-8268-11; PNEUDRAULIC SYSTEMS MECHANIC,
WG-8255-11; FABRIC WORKER, WG-3105-11; ELECTRONICS MECHANIC (RADAR),
WG-2614-14; POWERED SUPPORT SYSTEMS MECHANIC, WG-5378-12; AUTOMOTIVE
MECHANIC, WG-5823-12. THE ACTIVITY CONTENDS THAT THE EMPLOYEES IN THESE
POSITIONS, KNOWN AND HEREINAFTER REFERRED TO AS SMALL SHOP CHIEFS, ARE
SUPERVISORY, AND, IN ACCORDANCE WITH SEC. 7103(A)(10) OF THE FEDERAL
SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, 5 U.S.C. 7101-7135, SHOULD
BE EXCLUDED FROM THE BARGAINING UNIT. THE AFGE CONTENDS THAT ALTHOUGH
THE SMALL SHOP CHIEFS IN QUESTION HAVE ADDITIONAL RESPONSIBILITIES AND
DUTIES AS COMPARED WITH THOSE EMPLOYEES WITH WHOM THEY CLOSELY WORK,
THEY ARE NOT ENOUGH TO CLASSIFY THEM AS SUPERVISORS.
THE POSITIONS IN QUESTION ARE ALL LOCATED IN EITHER THE 107TH
TACTICAL CONTROL SQUADRON OR THE 161ST AIR REFUELING GROUP OF THE
ARIZONA AIR NATIONAL GUARD. THE 107TH IS A MOBILE RADAR CONTROL UNIT
DESIGNED TO OPERATE FROM FIELD LOCATIONS ON A SELF-SUFFICIENT BASIS.
THE 161ST IS A RESERVE UNIT RESPONSIBLE FOR RECRUITING AND TRAINING
PERSONNEL, MAINTAINING SUPPORT EQUIPMENT, AND MAINTAINING BASE
FACILITIES FOR A RESERVE FORCE CAPABLE OF AUGMENTING THE STRATEGIC AIR
COMMAND IN SUPPORT OF AIR REFUELING. THE ACTIVITY HAS IDENTIFIED 19
SMALL SHOP CHIEFS IN THE TWO UNITS, BUT SEEKS TO HAVE ONLY NINE
CLASSIFIED AS SUPERVISORS. ALL NINE POSITIONS ARE SITUATED WITHIN THE
CHIEF OF MAINTENANCE COMPLEX. SIX OF THESE POSITIONS ARE LOCATED IN THE
161ST, FIVE OF WHICH ARE SITUATED IN THE AEROSPACE SYSTEMS DIVISION AND
THE REMAINING POSITION IS IN FABRICATION. THE THREE SMALL SHOP CHIEF
POSITIONS IN THE 107TH ARE SPECIFICALLY LOCATED IN THE GROUND RADAR
SECTION, THE AEROSPACE GROUND EQUIPMENT SECTION AND VEHICLE MAINTENANCE
OPERATIONS. EACH DIVISION IS HEADED BY A SUPERINTENDENT AND IS
ORGANIZED INTO SPECIFIC SECTIONS, EACH HEADED BY A FOREMAN. EACH
SECTION IS FURTHER ORGANIZED INTO SHOPS, WHICH ARE HEADED BY THE SMALL
SHOP CHIEFS. THE SHOPS ARE MANNED, IN ADDITION TO THE SHOP CHIEF, BY
ONE OR TWO JOURNEYMEN TECHNICIANS WHO SERVE IN A CIVILIAN CAPACITY. THE
SMALL SHOP CHIEFS ARE AT LEAST ONE GRADE HIGHER THAN THOSE TECHNICIANS
ASSIGNED TO THE RESPECTIVE SHOPS.
SMALL SHOP CHIEFS ARE ULTIMATELY RESPONSIBLE FOR THE COMPLETION OF
WORK ASSIGNED TO THEIR SPECIFIC SHOP BY THE CHIEF OF MAINTENANCE. THE
RECORD REVEALS THAT IN CARRYING OUT THESE DESIGNATED TASKS, SMALL SHOP
CHIEFS, ACTING IN THEIR CIVILIAN CAPACITY, CONSISTENTLY ASSIGN AND
DIRECT THOSE CIVILIAN TECHNICIANS WITH WHOM THEY WORK, AND CONSISTENTLY
EXERCISE INDEPENDENT JUDGMENT IN SUPERVISING THE TECHNICIANS'
PERFORMANCES. THE RECORD REVEALS THE SMALL SHOP CHIEFS GIVE TECHNICAL
ADVICE TO LOWER GRADED EMPLOYEES WITHIN THEIR SHOP. THERE IS EVIDENCE
TO SHOW THE CHIEFS REGULARLY PARTICIPATE IN THE TRAINING OF TECHNICIANS,
AND THEY ARE RESPONSIBLE FOR EITHER SUFFICIENTLY TRAINING THE INDIVIDUAL
OR ASSIGNING HIM TO A PROPER TRAINING PROGRAM.
THE SMALL SHOP CHIEF IS RESPONSIBLE FOR ALL THE ASSIGNMENT OF WORK
WITHIN HIS SHOP. HE DETERMINES WHO WILL PERFORM THE WORK, BASED UPON
HIS EVALUATION OF THE NATURE OF THE JOB AND THE EXPERTISE OF THE
TECHNICIANS(S) IN HIS SHOP. HE ALSO MAKES ALL WORK SHIFT ASSIGNMENTS.
THE SMALL SHOP CHIEF ALSO DECIDES WHEN VARIOUS MAINTENANCE TASKS WILL BE
PERFORMED WITHIN HIS SHOP IF THE CHIEF OF MAINTENANCE HAS NOT
ESTABLISHED PRIORITIES. IN ALL CASES, IT IS THE SMALL SHOP CHIEF WHO
DETERMINES WHICH TECHNICIAN WILL UNDERTAKE THE ASSIGNMENT.
THE RECORD ALSO DISCLOSES THAT IN REGARDS TO DISCIPLINE, SMALL SHOP
CHIEFS HAVE EXERCISED AUTHORITY OVER CIVILIAN TECHNICIANS. THEY HAVE
RECOMMENDED DISCIPLINARY ACTIONS WHICH HAVE RESULTED IN LETTERS OF
REPRIMAND BEING PLACED INTO THE EMPLOYEES' PERSONNEL FILES. THEY HAVE
ALSO INITIATED ACTIONS WHICH ARE PENDING RESOLUTION.
THE POSITION DESCRIPTIONS ENTERED INTO EVIDENCE DESCRIBE THE
SUPERVISORY AUTHORITY OF THE SMALL SHOP CHIEFS. THE AUTHORITY INCLUDES:
CONTROL OVER WORK OPERATIONS PERFORMED BY CIVILIAN TECHNICIANS ASSIGNED
TO THEIR SHOP; PLANNING, ORGANIZING, AND SCHEDULING WORK ASSIGNMENTS;
EXPLAINING WORK REQUIREMENTS, WORK METHODS, AND STANDARDS OF QUALITY AND
QUANTITY TO BE MET TO THE CIVILIAN TECHNICIANS; MONITORING WORK AND
GIVING INSTRUCTIONS TO THE TECHNICIANS ON DIFFICULT OPERATIONS; MAKING
ADJUSTMENTS IN WORK ASSIGNMENTS; AND SCHEDULING LEAVE, APPRAISING
PERFORMANCE, RECOMMENDING PROMOTION, AND INITIATING DISCIPLINARY ACTION.
THE RECORD DISCLOSES THE THREE SMALL SHOP CHIEFS TESTIFIED, ALL
CONCURRING THAT THEIR POSITION DESCRIPTIONS DESCRIBED THEIR AUTHORITY
AND FUNCTIONS WITHIN THEIR SHOPS.
THE AUTHORITY FINDS THE EVIDENCE CONTAINED IN THE RECORD CLEARLY
ESTABLISHES THE NINE SHALL SHOP CHIEFS ARE SUPERVISORS AS DEFINED BY
SEC. 7103(A)(10) OF THE STATUTE. THAT DEFINITION PROVIDES, IN PERTINENT
PART: "'SUPERVISOR' MEANS 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, . . . " THE SMALL SHOP CHIEFS DIRECT
AND ASSIGN CIVILIAN TECHNICIANS IN THE PERFORMANCE OF THEIR WORK, AND
EITHER HAVE OR WILL SOON BE AUTHORIZED TO RECOMMEND THE PROMOTION,
AND/OR DISCIPLINE OF THE CIVILIAN TECHNICIANS IN THEIR SHOPS.
ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT EMPLOYEES IN THE DISPUTED
JOB CLASSIFICATIONS BE EXCLUDED FROM THE EXCLUSIVELY REPRESENTED UNIT.
ORDER
IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED, IN WHICH
EXCLUSIVE RECOGNITION WAS GRANTED TO THE AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, LOCAL 3046, ON SEPTEMBER 29, 1969, AT THE
DEPARTMENT OF THE AIR FORCE, NATIONAL GUARD BUREAU, STATE OF ARIZONA,
PHOENIX, ARIZONA, BE, AND IT HEREBY IS, CLARIFIED BY EXCLUDING FROM SAID
UNIT THE FOLLOWING POSITIONS: AIRCRAFT MECHANIC, WG-8852-12;
PNEUDRAULIC SYSTEMS MECHANIC, WG-8255-12; AIRCRAFT ELECTRICIAN,
WG-2892-11; AIRCRAFT PNEUDRAULIC SYSTEMS MECHANIC, WG-8268-11'
PNEUDRAULIC SYSTEMS MECHANIC, WG-8255-11; FABRIC WORKER, WG-3105-11;
ELECTRONIC MECHANICS (RADAR), WG-2614-14; POWERED SUPPORT SYSTEMS
MECHANIC, WG-5378-12; AUTOMOTIVE MECHANIC, WG-5823-12.
ISSUED, WASHINGTON, D.C., JUNE 10, 1980
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
/1/ THE NAME OF THE ACTIVITY APPEARS AS AMENDED AT THE HEARING.
/2/ THE AFGE WAS RECOGNIZED AS THE EXCLUSIVE REPRESENTATIVE ON
SEPTEMBER 29, 1969, IN A UNIT DEFINED AS FOLLOWS:
ALL TECHNICIANS OF THE PHOENIX AIR NATIONAL GUARD, CLARIFIED AS
NECESSARY BY THE ASSISTANT
SECRETARY EXCLUDING PROFESSIONAL, MANAGERIAL, SUPERVISORY EMPLOYEES
AND EMPLOYEES ENGAGED IN
FEDERAL PERSONNEL WORK OF A NON-CLERICAL NATURE.