[ v09 p101 ]
09:0101(12)CU
The decision of the Authority follows:
9 FLRA No. 12 U.S. ARMY COMMUNICATIONS AND ELECTRONICS MATERIAL READINESS COMMAND, FORT MONMOUTH, NEW JERSEY Activity/Petitioner and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1904 Labor Organization Case No. 2-CU-24 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 AUTHORITY HAS REVIEWED THE HEARING OFFICER'S RULINGS MADE AT THE HEARING AND FINDS THAT THEY ARE FREE FROM PREJUDICIAL ERROR. THE RULINGS ARE HEREBY AFFIRMED. UPON THE ENTIRE RECORD, THE AUTHORITY FINDS: THE ACTIVITY FILED A PETITION FOR CLARIFICATION OF UNIT (CU) SEEKING TO EXCLUDE APPROXIMATELY 59 INCUMBENTS IN 20 POSITION CLASSIFICATIONS FROM THE BARGAINING UNIT OF PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES EXCLUSIVELY REPRESENTED BY THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1904 (UNION) /1/ ON THE BASIS THAT THE INCUMBENTS OF THE POSITIONS ARE SUPERVISORS WITHIN THE MEANING OF SECTION 7103(A)(10 OF THE STATUTE. /2/ CONVERSELY, THE UNION CONTENDS THAT THE INCUMBENTS OF THE DISPUTED POSITIONS DO NOT PERFORM SUPERVISORY DUTIES AND THEREFORE SHOULD CONTINUE TO BE INCLUDED IN THE BARGAINING UNIT. THIS ISSUE IS DISCUSSED BELOW. JOB NOS. 790554, 559, 560, 30, 76-1055, AND 80-695, ELECTRONICS ENGINEER, GS-855-13; JOB NO. 79-555, MECHANICAL ENGINEER, GS-830-13; JOB NOS. 79-556, 557, AND 558, GENERAL ENGINEER, GS-801-13 THE INCUMBENTS SERVE UNDER SUPERVISORS IN VARIOUS ORGANIZATIONAL LOCATIONS AT THE ACTIVITY. THEY ACT AS SPOKESMEN AT BRIEFINGS FOR ASSIGNED PROGRAM AREAS, AND PRESENT THE ACTIVITY'S POSITION AS FORMULATED BY HIGHER AUTHORITY. THEY ACT AS TEAM LEADERS OF LOWER GRADED ENGINEERS AND TECHNICIANS, DISTRIBUTING AND REVIEWING THEIR WORK IN ASSIGNED PROGRAM AREAS INVOLVING ISSUES RELATING TO ACCEPTABILITY OF PRODUCTION SCHEDULES AND SOLUTIONS TO TECHNICAL PROBLEMS. JOB NO. 73-499, COMPUTER SYSTEMS ANALYST, GS-334-13 THE INCUMBENT IS GENERALLY SUPERVISED BY THE CHIEF, SYSTEMS CONTROL INTEGRATIONS CONTROL BRANCH, CONCERNING LONG RANGE OBJECTIVES. UNDER DIRECTION OF THE CHIEF, HE COORDINATES THE IMPLEMENTATION AND INTEGRATION OF AUTOMATIC DATA PROCESSING SYSTEMS AND THE PROGRAMMING AND INTEGRATION THAT RESULT FROM THE ACQUISITION OF NEW OR ADDITIONAL AUTOMATIC DATA PROCESSING EQUIPMENT SYSTEMS. AS TEAM LEADER OF SEVERAL COMPUTER PROGRAMMERS, THE INCUMBENT DISTRIBUTES AND REVIEWS THEIR WORK. JOB NO. 76-161, OPERATIONS RESEARCH ANALYST, GS-1515-13; JOB NO. 77-1252, PLANNING OFFICER, GS-301-13 THE INCUMBENTS IN THE ABOVE POSITIONS GENERALLY RECEIVE ASSIGNMENTS FROM THE TEAM CHIEF OR OFFICE CHIEF WITH RESPECT TO REPRESENTING THEIR VARIOUS SECTIONS AT MEETINGS AND CONFERENCES WITH OTHER SECTIONS, PRESENTING AND JUSTIFYING THEIR SECTION'S POINT OF VIEW, OR DISCUSSING MUTUAL PROBLEMS. THEY PREPARE INTERNAL REPORTS AND PRESENTATIONS, AND, WITHIN DESIGNATED GUIDELINES, CONTRIBUTE TO PUBLICATIONS SETTING FORTH THE RESULTS OF SYSTEMS STUDIES. THEY ACT AS TEAM LEADERS OF TWO OR THREE LOWER GRADED RESEARCH ANALYSTS OR ENGINEERS. JOB NOS. 77-1571, AND 1572, MANAGEMENT ANALYST, GS-343-13; JOB NO. 78-122, PROGRAM ANALYST, GS-345-13; JOB NO. 78-247A MANAGEMENT ANALYST, GS-343-13 AMONG OTHER THINGS, THESE INCUMBENTS COORDINATE THE ACTIVITIES OF A GROUP OF MORE JUNIOR EMPLOYEES ENGAGED IN IMPLEMENTING THE DEPARTMENT OF THE ARMY'S ECONOMIC ANALYSIS AND THE ACTIVITY'S MANAGEMENT ANALYSIS PROGRAMS. THEY RECOMMEND POLICIES AND PROCEDURES TO IMPROVE OPERATIONS IN ASSIGNED AREAS, WHICH RECOMMENDATIONS ARE REVIEWED BY THEIR SUPERVISOR FOR SOUNDNESS AND OVERALL ATTAINMENT OF GOALS. JOB NO. 79-344, SYSTEMS ACCOUNTANT, GS-510-13; JOB NOS. 79-825, AND 826, AUDITOR, GS-510-13 AMONG OTHER THINGS, THESE INCUMBENTS LEAD SMALL TEAMS OF ACCOUNTING PERSONNEL ENGAGED IN PERFORMING A VARIETY OF SYSTEMS AND STAFF ACCOUNTING DUTIES INCLUDING SPECIAL STUDIES AND AUDITS, ESTABLISHMENT OR REVISIONS OF POLICIES AND PROCEDURES, AND DEVELOPMENT AND MODIFICATION OF ACCOUNTING SYSTEMS. SUCH DUTIES ARE ASSIGNED TO THE INCUMBENTS BY THEIR SUPERVISORS, WHO OUTLINE AND INDICATE AREAS TO BE STUDIED AND THE EXPECTED OBJECTIVES TO BE ACHIEVED. THE ACTIVITY ASSERTS THAT ALL OF THE INCUMBENTS ARE SUPERVISORS, IN THAT THEY ARE LEADERS OF SUBORDINATE EMPLOYEES, ARE RESPONSIBLE FOR ASSIGNING AND REVIEWING THEIR WORK, RECOMMENDING APPROVAL OF LEAVE REQUESTS, AND RECOMMENDING REWARDS FOR WORK PERFORMANCE. THE RECORD INDICATES, HOWEVER, THAT THE INCUMBENTS, IN PERFORMING SUCH FUNCTIONS, DO SO ONLY ON ORDERS FROM THEIR SUPERVISORS, AND THAT ANY DIRECTING OR REVIEWING OF JUNIOR EMPLOYEES' WORK IS FOR THE PURPOSE OF EFFECTUATING THE ORDERS OF THEIR SUPERVISORS. ALL OF THE INCUMBENTS, WHEN NOT SO ENGAGED, PERFORM FUNCTIONS SUBSTANTIALLY IDENTICAL TO THOSE THEY "LEAD." THE AUTHORITY CONCLUDES THAT THE INCUMBENTS IN THE ABOVE POSITIONS ARE NOT SUPERVISORS WITHIN THE MEANING OF THE STATUTE. RATHER, THEIR STATUS IN RELATION TO THE OTHER EMPLOYEES WITH WHOM THEY WORK IS MERELY THAT OF A MORE SENIOR AND EXPERIENCED EMPLOYEE VIS-A-VIS JUNIOR AND LESS EXPERIENCED EMPLOYEES. IN THIS REGARD, TO THE EXTENT THAT THE LEADERS MAY HAVE ANY RESPONSIBILITY FOR ASSIGNING WORK TO THE OTHER EMPLOYEES AND DIRECTING THEM IN THE PERFORMANCE OF SUCH WORK, THE EXERCISE OF THOSE RESPONSIBILITIES IS MERELY ROUTINE IN NATURE AND DOES NOT REQUIRE THE CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT. MOREOVER, WHILE AN OCCASIONAL RECOMMENDATION FOR WORK PERFORMANCE AWARD HAS BEEN MADE, THE RECORD DOES NOT ESTABLISH THAT SUCH RECOMMENDED ACTION HAS BEEN EFFECTIVE OR HAD INVOLVED THE CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT. ACCORDINGLY, AND INASMUCH AS THERE IS NO EVIDENCE THAT THE INCUMBENT OF ANY DISPUTED POSITION EXERCISES ANY OTHER INDICIA OF SUPERVISORY AUTHORITY, THE AUTHORITY SHALL ORDER THAT THE INCUMBENTS IN THESE JOB CLASSIFICATIONS REMAIN IN THE BARGAINING UNIT. ORDER IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED, IN WHICH THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1904, WAS ORIGINALLY CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE ON DECEMBER 31, 1979, BE, AND IT HEREBY IS, CLARIFIED BY INCLUDING IN SAID UNIT THE FOLLOWING POSITIONS: JOB NOS. 79-554, ELECTRONICS ENGINEER, GS-855-13; 79-555, MECHANICAL ENGINEER, GS-830-13; 79-556, GENERAL ENGINEER, GS-801-13; 79-557, GENERAL ENGINEER, GS-801-13; 79-558, GENERAL ENGINEER, GS-801-13; 79-559, ELECTRONICS ENGINEER, GS-855-13; 79-560, ELECTRONICS ENGINEER, GS-855-13; 73-499, COMPUTER SYSTEMS ANALYST, GS-334-13; 76-1055, ELECTRONICS ENGINEER, GS-855-13; 76-161, OPERATIONS RESEARCH ANALYST, GS-1515-13; 77-1252, PLANNING OFFICER, GS-301-13; 79-30, ELECTRONICS ENGINEER, GS-855-13; 77-1571, MANAGEMENT ANALYST, GS-343-13; 77-1572, MANAGEMENT ANALYST, GS-343-13; 78-122, PROGRAM ANALYST, GS-345-13; 78-247A, MANAGEMENT ANALYST, GS-343-13; 79-344, SYSTEMS ACCOUNTANT, GS-510-13; 79-825, AUDITOR, GS-510-13; 79-826, AUDITOR, GS-510-13; AND 80-695, ELECTRONICS ENGINEER, GS-855-13. ISSUED, WASHINGTON, D.C., JUNE 16, 1982 RONALD W. HAUGHTON, CHAIRMAN HENRY B. FRAZIER III, MEMBER LEON B. APPLEWHAITE, MEMBER FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES$ --------------- /1/ THE UNION WAS CERTIFIED BY THE AUTHORITY AS THE EXCLUSIVE REPRESENTATIVE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION ON DECEMBER 31, 1979, IN A UNIT DESCRIBED AS FOLLOWS: ALL PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES IN THE U.S. ARMY, COMMUNICATIONS AND ELECTRONICS MATERIAL READINESS COMMAND, LOCATED AT FORT MONMOUTH, NEW JERSEY, EXCLUDING FIREFIGHTERS, GUARDS, NONAPPROPRIATED FUND EMPLOYEES, MANAGEMENT OFFICIALS, SUPERVISORS, AND EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY. /2/ SECTION 7103(A)(10) DEFINES "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(.)