[ v08 p758 ]
08:0758(127)CU
The decision of the Authority follows:
8 FLRA No. 127
DEPARTMENT OF DEFENSE
DEPARTMENT OF THE ARMY
HEADQUARTERS, U.S. ARMY
ARMAMENT, MATERIEL READINESS
COMMAND, ROCK ISLAND ARSENAL, ILLINOIS
Activity/Petitioner
and
LOCAL 15, NATIONAL FEDERATION
OF FEDERAL EMPLOYEES
Labor Organization
Case No. 5-CU-27
DECISION AND ORDER ON PETITION FOR CLARIFICATION OF 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
CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE PARTIES'
CONTENTIONS, THE AUTHORITY FINDS: THE ACTIVITY-PETITIONER SEEKS TO
CLARIFY THE EXISTING ACTIVITY-WIDE UNIT REPRESENTED EXCLUSIVELY BY LOCAL
15 OF THE NATIONAL FEDERATION OF FEDERAL EMPLOYEES BASED ON THE
ALLEGATION THAT THEY ARE SUPERVISORS, MANAGEMENT OFFICIALS OR BOTH.
SUPERVISORS /1/
THE ACTIVITY CONTENDS THAT THE INCUMBENTS IN THE JOB CLASSIFICATIONS
LISTED BY JOB NUMBER IN APPENDIX A ARE SUPERVISORS AND SHOULD BE
EXCLUDED FROM THE UNIT. OF THESE, THE RECORD ESTABLISHES THAT THE
INTELLIGENCE OPERATIONS SPECIALIST (GS-132-13, JOB NO. 16-1280),
LOGISTICS MANAGEMENT SPECIALIST (GS-346-13, JOB NO. 79-623), AND SAFETY
SPECIALIST (GS-018-13, JOB NO. 76-1252) ARE RESPONSIBLE FOR THE
ASSIGNMENT AND DIRECTION OF WORK OF LOWER GRADED EMPLOYEES AND THAT BOTH
THE INTELLIGENCE OPERATIONS SPECIALIST AND LOGISTICS MANAGEMENT
SPECIALIST HAVE SELECTED FOR HIRE CERTAIN LOWER GRADE EMPLOYEES NOW
WORKING FOR THEM. 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, THESE INCUMBENTS ARE
SUPERVISORS WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE STATUTE.
THEREFORE, THE AUTHORITY SHALL ORDER THAT THEY BE EXCLUDED FROM THE
BARGAINING UNIT. /2/
THE AUTHORITY FURTHER FINDS THAT THE INCUMBENTS OF THE REMAINING JOB
CLASSIFICATIONS LISTED IN APPENDIX A ARE NOT SUPERVISORS WITHIN THE
MEANING OF SECTION 7103(A)(10) OF THE STATUTE. THUS, THE RECORD
ESTABLISHES THAT ALTHOUGH THESE INCUMBENTS, WHO SERVE AS WORKING TEAM
LEADERS, /3/ HAVE SOME RESPONSIBILITY FOR ASSIGNING WORK TO CERTAIN
EMPLOYEES AND DIRECTING THE PERFORMANCE OF THAT WORK, SUCH FUNCTIONS ARE
ROUTINE IN NATURE AND DO NOT REQUIRE THE CONSISTENT EXERCISE OF
INDEPENDENT JUDGMENT. FURTHER, EFFECTIVE AUTHORITY OVER THE HIRING,
PROMOTING, DISCIPLINING, AND ADJUSTING OF GRIEVANCES OF THE OTHER
EMPLOYEES, AND OVER ALL OTHER INDICIA OF SUPERVISORY STATUS, RESTS WITH
THE SUPERVISOR OF THESE INCUMBENTS RATHER THAN WITH THE INCUMBENTS
THEMSELVES. ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT THE INCUMBENTS
IN THESE JOB CLASSIFICATIONS REMAIN IN THE BARGAINING UNIT.
MANAGEMENT OFFICIALS /4/
THE ACTIVITY CONTENDS THAT THE INCUMBENTS IN THE JOB CLASSIFICATIONS
LISTED IN APPENDIX B ARE MANAGEMENT OFFICIALS AND SHOULD BE EXCLUDED
FROM THE UNIT. IN THE LEAD CASE OF DEPARTMENT OF THE NAVY, AUTOMATIC
DATA PROCESSING SECTION 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 THE
INCUMBENT IN THE JOB CLASSIFICATION OF PUBLIC INFORMATION SPECIALIST,
GS-1081-13, JOB NO. 76-1076 IS A MANAGEMENT OFFICIAL AND THE AUTHORITY
SHALL ORDER HIS EXCLUSION FROM THE BARGAINING UNIT. THUS, THE RECORD
ESTABLISHES THAT HE IS RESPONSIBLE FOR THE DEVELOPMENT OF THE ACTIVITY'S
PUBLIC INFORMATION PROGRAM AND FOR CARRYING IT OUT. IN THIS REGARD, HE
WORKS INDEPENDENTLY AND, THEREFORE, EFFECTIVELY INFLUENCES OR BRINGS
ABOUT A RESULT AS TO THE ADOPTION OF COURSE OF ACTION FOR THE ACTIVITY.
IT FOLLOWS THAT THIS RESPONSIBILITY REQUIRES AND AUTHORIZES HIM TO
FORMULATE, DETERMINE OR INFLUENCE THE POLICIES OF THE ACTIVITY WITHIN
THE MEANING OF SECTION 7103(A)(11) OF THE STATUTE.
WITH RESPECT TO THE OTHER ALLEGED MANAGEMENT OFFICIALS, THE AUTHORITY
FINDS THESE INCUMBENTS NOT TO BE MANAGEMENT OFFICIALS WITHIN THE MEANING
OF SECTION 7103(A)(11) OF THE STATUTE. THUS, THE RECORD ESTABLISHES
THAT THESE INCUMBENTS ARE PRIMARILY ENGAGED IN THE ENFORCEMENT AND
IMPLEMENTATION OF HIGHER LEVEL POLICIES. WHILE THEY DO ON OCCASION MAKE
RECOMMENDATIONS AS TO CHANGES IN OR IMPLEMENTATION OF SUCH POLICIES,
THEIR RECOMMENDATIONS ARE ADVISORY IN NATURE AND GO THROUGH SEVERAL
SUPERVISORY LEVELS. THUS, IT CANNOT BE SAID THAT THESE INCUMBENTS BRING
ABOUT OR OBRAIN RESULTS AS TO THE ADOPTION OF GENERAL PRINCIPLES, PLANS
OR COURSES OF ACTION, AS ALLEGED BY THE ACTIVITY. ACCORDINGLY, THE
AUTHORITY SHALL ORDER THAT THEY REMAIN IN THE BARGAINING 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 THE FOLLOWING
POSITIONS: INTELLIGENCE OPERATIONS SPECIALIST, GS-132-13, JOB NO.
76-1280; LOGISTICS MANAGEMENT SPECIALIST, GS-346-13, JOB NO. 79-623;
SAFETY SPECIALIST, GS-018-13, JOB NO. 76-1252; AND, PUBLIC INFORMATION
SPECIALIST, GS-1081-13, JOB 76-1076.
IT IS FURTHER ORDERED THAT WITH REGARD TO ALL OTHER JOB
CLASSIFICATIONS SOUGHT TO BE EXCLUDED HEREIN, THE PETITION BE, AND IT
HEREBY IS, DISMISSED.
ISSUED, WASHINGTON, D.C., MAY 26, 1982
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
/1/ SECTION 7103(A)(10) OF THE STATUTE DEFINES A "SUPERVISOR" AS:
. . . AN INDIVIDUAL EMPLOYEE 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 . . .
/2/ IN VIEW OF THE ABOVE FINDING, THE AUTHORITY FINDS IT UNNECESSARY
TO DECIDE WHETHER THE INCUMBENTS OF THESE JOB CLASSIFICATIONS ARE ALSO
MANAGEMENT OFFICIALS AND THEIR CLASSIFICATIONS HAVE NOT BEEN LISTED IN
APPENDIX B.
/3/ THE RECORD INDICATES THAT THE INCUMBENTS OF JOB NOS. 76-1130A AND
76-1121A SERVE AS TEAM LEADERS ONLY ON AN AD HOC BASIS.
/4/ 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 . . .
APPENDIX A
ALLEGED SUPERVISORY JOB CLASSIFICATIONS
COMPUTER SPECIALIST, GS-334-13, JOB NO. 76-2377 (2 INCUMBENTS)
BUDGET ANALYST, GS-560-13, JOB NO. 76-1028 (4 INCUMBENTS)
PROGRAM ANALYST, GS-345-13, JOB NO. 76-1036 (4 INCUMBENTS)
MANAGEMENT ANALYST, GS-343-13, JOB NO. 78-871
INTELLIGENCE OPERATION SPECIALIST, GS-132-13, JOB NO. 76-1280
COMMODITY MANAGEMENT SPECIALIST, GS-301-14, JOB NO. 76-1964
LOGISTICS MANAGEMENT SPECIALIST, GS-346-13, JOB NO. 79-623 (2
INCUMBENTS)
CONTRACT SPECIALIST, GS-1102-13, JOB NO. 79-388 (20 INCUMBENTS)
MANAGEMENT ANALYST, GS-343-13, JOB NO. 76-1130A
MANAGEMENT ANALYST, GS-343-13, JOB NO. 76-1121A
SAFETY SPECIALIST, GS-018-13, JOB NO. 76-1252.
APPENDIX B
ALLEGED MANAGEMENT OFFICIAL JOB CLASSIFICATIONS
QUALITY ASSURANCE SPECIALIST, GS-1910-13, JOB NO. 76-1554
QUALITY ASSURANCE SPECIALIST, GS-1910-13, JOB NO. 76-1553 (2
INCUMBENTS)
COMPUTER SPECIALIST, GS-334-13, JOB NO. 76-2377 (2 INCUMBENTS)
COMPUTER SPECIALIST, GS-334-13, JOB NO. 76-2130
COMPUTER SPECIALIST, GS-334-13, JOB NO. 77-110 (5 INCUMBENTS)
BUDGET ANALYST, GS-560-13, JOB NO. 76-1028 (4 INCUMBENTS)
PROGRAM ANALYST, GS-345-13, JOB NO. 76-1036 (4 INCUMBENTS)
PROGRAM ANALYST, GS-343-13, JOB NO. 76-1474
PROGRAM ANALYST, GS-345-13, JOB NO. 76-1227 (2 INCUMBENTS)
MANAGEMENT ANALYST, GS-343-13, JOB NO. 78-871
PROGRAM ANALYST, GS-345-13, JOB NO. 78-870 (2 INCUMBENTS)
PROGRAM ANALYST, GS-345-13, JOB NO. 76-1953 (2 INCUMBENTS)
ARMAMENT SYSTEMS SPECIALIST, GS-301-13, JOB NO. 76-1952
COMMODITY MANAGEMENT SPECIALIST, GS-301-14, JOB NO. 76-1964
COMMODITY MANAGEMENT SPECIALIST, GS-301-13, JOB NO. 76-1957 (6
INCUMBENTS)
QUALITY ASSURANCE SPECIALIST (AMMO), GS-1910-13, JOB NO. 76-1962
MANAGEMENT ANALYST, GS-343-13, JOB NO. 76-1609
PLANS ANALYST, GS-301-13, JOB NO. 76-1508
PLANS ANALYST, GS-301-13, JOB NO. 76-1501 (2 INCUMBENTS)
CONTRACT SPECIALIST, GS-1102-13, JOB NO. 79-388 (20 INCUMBENTS)
PUBLIC INFORMATION SPECIALIST, GS-1081-13, JOB NO. 76-1076
MANAGEMENT ANALYST, GS-343-13, JOB NO. 76-1116 (2 INCUMBENTS)
MANAGEMENT ANALYST, GS-343-13, JOB NO. 76-1130A
MANAGEMENT ANALYST, GS-343-13, JOB NO. 76-1121A (2 INCUMBENTS)
LOGISTICS MANAGEMENT SPECIALIST, GS-346-13, JOB NO. 78-980 (2
INCUMBENTS)
PRODUCT IMPROVEMENT SPECIALIST, GS-301-13, JOB NO. 76-1822
PRODUCT IMPROVEMENT SPECIALIST, GS-301-13, JOB NO. 76-1823 (2
INCUMBENTS)
PROGRAM ANALYST, GS-345-13, JOB NO. 76-1916
PACKAGING SPECIALIST, GS-2032-13, JOB NO. 79-535
PROCUREMENT ANALYST, GS-1102-13, JOB NO. 76-1261
PROCUREMENT ANALYST, GS-1102-13, JOB NO. 76-1262
PROCUREMENT ANALYST GS-1102-13, JOB NO. 76-2113 (3 INCUMBENTS)
PROCUREMENT ANALYST GS-1102-13, JOB NO. 79-476 (3 INCUMBENTS).