[ v09 p885 ]
09:0885(119)CU
The decision of the Authority follows:
9 FLRA No. 119
HEADQUARTERS, SPACE DIVISION, AIR FORCE
SYSTEMS COMMAND, DEPARTMENT OF THE AIR FORCE,
DEPARTMENT OF DEFENSE /1/
Activity/Petitioner
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 2429
Labor Organization
Case No. 8-CU-18
DECISION AND ORDER CLARIFYING UNIT
UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
UNDER SECTION 7111(B1(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 HEREBY AFFIRMED.
UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
PARTIES' CONTENTIONS, THE AUTHORITY FINDS: THE AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2429 (AFGE) WAS CERTIFIED ON MARCH
16, 1971 AS THE EXCLUSIVE BARGAINING REPRESENTATIVE FOR A UNIT OF ALL
NONPROFESSIONAL CIVILIAN EMPLOYEES OF THE SPACE AND MISSILE SYSTEMS
ORGANIZATION AND OTHER AIR FORCE ORGANIZATIONS SERVICED BY THE SPACE AND
MISSILE SYSTEMS ORGANIZATION CENTRAL CIVILIAN PERSONNEL OFFICE WITH DUTY
STATIONS IN LOS ANGELES AND ORANGE COUNTY, CALIFORNIA. ESSENTIALLY, THE
ACTIVITY'S PETITION SEEKS TO EXCLUDE FROM THE RECOGNIZED UNIT THE
INCUMBENTS IN VARIOUS JOB CLASSIFICATIONS BASED ON THE ALLEGATION THAT
THEY ARE SUPERVISORS, MANAGEMENT OFFICIALS, OR BOTH. /2/
SUPERVISORS /3/
THE ACTIVITY CONTENDS THAT THE EMPLOYEES IN THE JOB CLASSIFICATIONS
LISTED IN APPENDIX A ARE SUPERVISORS AND SHOULD BE EXCLUDED FROM THE
UNIT. OF THESE, THE RECORD ESTABLISHES THAT WILLIAM VAUGHAN (LOGISTICS
MANAGEMENT SPECIALIST, GS-0346-13), ASSIGNS WORK, HAS HIRED
SUBORDINATES, HAS THE AUTHORITY TO DISCIPLINE SUBORDINATES, AND HAS
EFFECTIVELY RECOMMENDED SUBORDINATES FOR AWARDS; THAT GEORGE LEMON
(LOGISTICS MANAGEMENT SPECIALIST, GS-0346-13), ASSIGNS WORK AND ADJUST
GRIEVANCES; AND THAT BERTIS BERKSHIRE (FINANCIAL MANAGEMENT ANALYST,
GS-0501-13), ASSIGNS WORK AND HAS HIRED AND ADJUSTED GRIEVANCES FOR
SUBORDINATES. 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, THE AUTHORITY FINDS
THESE INCUMBENTS ARE SUPERVISORS WITHIN THE MEANING OF 7103(A)(10) OF
THE STATUTE AND SHALL ORDER THAT THEY BE EXCLUDED FROM THE UNIT. /4/
THE AUTHORITY FURTHER FINDS THAT THE INCUMBENTS IN 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 MAY HAVE SOME RESPONSIBILITY
FOR ASSIGNING WORK TO CERTAIN EMPLOYEES AND DIRECTING THEM IN THE
PERFORMANCE OF THAT WORK, SUCH FUNCTIONS ARE ROUTINE IN NATURE AND DO
NOT REQUIRE THE CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT. NOR DO THE
INCUMBENTS IN THESE POSITIONS EXERCISE ANY OF THE OTHER STATUTORY
INDICIA OF SUPERVISORY AUTHORITY. ACCORDINGLY, THE AUTHORITY FINDS THAT
THEY SHOULD REMAIN IN THE BARGAINING UNIT.
MANAGEMENT OFFICIALS /5/
THE ACTIVITY CONTENDS THAT THE EMPLOYEES 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 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 OF 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
THAT DAVID BESBRIS (CONTRACT NEGOTIATOR, GS-1102-13), JOHN DENNELL
(CONTRACT ADMINISTRATOR, GS-1102-13), ILEE CLARDY (QUALITY ASSURANCE
SPECIALIST, GS-1910-13), ANDREW POND (QUALITY ASSURANCE SPECIALIST,
GS-1910-13), JACK REBERRY (QUALITY ASSURANCE SPECIALIST, GS-1910-13),
ALLEN STEPHENS (QUALITY ASSURANCE SPECIALIST, GS-1910-13), CATHERINE
COWGILL (CONTRACT SPECIALIST, GS-1102-13), CHARLES REXON (SAFETY
MANAGER, GS-0018-13) AND ROBERT BECKER (STANDARDIZATION MANAGEMENT
SPECIALIST, GS-0301-13) ARE MANAGEMENT OFFICIALS AND SHALL ORDER THEIR
EXCLUSION FROM THE BARGAINING UNIT. THUS, THE RECORD ESTABLISHES THAT
BESBRIS AND DENNELL HAVE COMPLETE RESPONSIBILITY FOR NEGOTIATING AND
ADMINISTERING THE AEROSPACE CORPORATION CONTRACT AND HAVE THE FINAL
SIGNATORY AUTHORITY TO BIND THE ACTIVITY AND ITS RESOURCES; THAT
CLARDY, POND, REBERRY, AND STEPHENS ISSUE QUALITY ASSURANCE
SPECIFICATIONS TO SERVE AS THE GUIDE FOR MAKING DECISIONS IN THE
PROCUREMENT CYCLE AND ARE RESPONSIBLE FOR WRITING AND INTERPRETING THE
ACTIVITY'S REGULATIONS IN THE AREA OF QUALITY ASSURANCE; THAT COWGILL
IS INVOLVED IN PREPARATION AND NEGOTIATION OF ARCHITECTURAL AND
ENGINEERING SERVICE CONTRACTS AND HAS THE SOLE AUTHORITY TO SPEAK FOR
AND BIND THE ACTIVITY; THAT REXON IS THE GROUND SAFETY MANAGER FOR THE
ACTIVITY AND IS AUTHOR OF THE ACTIVITY'S REGULATIONS IN THIS AREA; AND
THAT BECKER IS INVOLVED IN THE AREA OF STANDARDIZATION AND IS AUTHOR OF
THE ACTIVITY'S REGULATIONS WHICH SET FORTH THE POLICY FOR GETTING
MILITARY SPECIFICATIONS AND STANDARDS WRITTEN. IT FOLLOWS THAT THEIR
RESPONSIBILITIES REQUIRE AND 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.
WITH RESPECT TO THE OTHER ALLEGED MANAGEMENT OFFICIALS, THE AUTHORITY
FINDS THAT THEY ARE PROFESSIONALS WHOSE ACTIONS ASSIST IN IMPLEMENTING,
AS OPPOSED TO SHAPING, THE ACTIVITY'S POLICIES. THUS, THE RECORD IS
CLEAR THAT THESE INCUMBENTS ARE NOT MANAGEMENT OFFICIALS IN THAT THEY DO
NOT EXERCISE ANY DUTIES AND 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. ACCORDINGLY,
THE AUTHORITY FINDS THAT THESE INCUMBENTS SHOULD 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: WILLIAM VAUGHAN (LOGISTICS MANAGEMENT SPECIALIST,
GS-0346-13), GEORGE LEMON (LOGISTICS MANAGEMENT SPECIALIST, GS-0346-13),
DAVID BESBRIS (CONTRACT NEGOTIATOR, GS-1102-13), JOHN DENNELL (CONTRACT
ADMINISTRATOR, GS-1102-13), ILEE CLARDY (QUALITY ASSURANCE SPECIALIST,
GS-1910-13), ANDREW POND (QUALITY ASSURANCE SPECIALIST, GS-1910-13),
JACK REBERRY (QUALITY ASSURANCE SPECIALIST, GS-1910-13), ALLEN STEPHENS
(QUALITY ASSURANCE SPECIALIST, GS-1910-13), CATHERIN COWGILL (CONTRACT
SPECIALIST, GS-1102-13), CHARLES REXON (SAFETY MANAGER, GS-0018-13),A
AND ROBERT BECKER (STANDARDIZATION MANAGEMENT SPECIALIST, GS-0301-13).
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., AUGUST 6, 1982
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
APPENDIX A
EMPLOYEES ALLEGED TO BE SUPERVISORS
GERALD HEYDINGER, RESOURCE ANALYST, GS-0301-14
DAVID BESBRIS, CONTRACT NEGOTIATOR, GS-1102-13
ILEE CLARDY, QUALITY ASSURANCE SPECIALIST, GS-1910-13
ANDREW POND, QUALITY ASSURANCE SPECIALIST, GS-1910-13
JACK REBERRY, QUALITY ASSURANCE SPECIALIST, GS-1910-13
ALLEN STEPHENS, QUALITY ASSURANCE SPECIALIST, GS-1910-13
WILLIAM VAUGHAN, LOGISTICS MANAGEMENT SPECIALIST, GS-0346-13
GEORGE LEMON, LOGISTICS MANAGEMENT SPECIALIST, GS-0346-13
BERTIS BERKSHIRE, FINANCIAL MANAGEMENT ANALYST, GS-0501-13
APPENDIX B
EMPLOYEES ALLEGED TO BE MANAGEMENT OFFICIALS
GERALD HEYDINGER, RESOURCE ANALYST, GS-0301-14
DAVID ALBERT, MOTION PICTURE PRODUCTION SPECIALIST, GS-1071-13
GIOVANNI BARGERO, COMPUTER SPECIALIST, GS-0334-13
ROBERT BECKER, STANDARDIZATION MANAGEMENT SPECIALIST, GS-0301-13
DAVID BESBRIS, CONTRACT NEGOTIATOR, GS-1102-13
WARREN CARLSON, FINANCIAL MANAGEMENT ANALYST, GS-0501-13
GAIL CHASE, PROCUREMENT ANALYST, GS-1102-13
ILEE CLARDY, QUALITY ASSURANCE SPECIALIST, GS-0501-13
CATHERINE COWGILL, CONTRACT SPECIALIST, GS-1102-13
FRANK DELUNA, CONTRACT SPECIALIST, GS-1102-13
JOHN DENNELL, CONTRACT ADMINISTRATOR, GS-1102-13
DAVID FARIAS, FINANCIAL MANAGEMENT ANALYST, GS-0501-13
GEORGE HYMAN, TECHNICAL REQUIREMENTS SPECIALIST, GS-1101-13
MELVIN INGLET, LOGISTICS MANAGEMENT SPECIALIST, GS-0346-13
JOSEPH KRUEGER, PROCUREMENT ANALYST, GS-1102-13
JOHN LUSCO, CONFIGURATION MANAGEMENT SPECIALIST, GS-0301-13
ROSEMARY LANE, FINANCIAL MANAGEMENT ANALYST, GS-0501-13
CLIFFORD LITTLE, LOGISTICS MANAGEMENT SPECIALIST, GS-0346-13
ROBERT POLKOW, TECHNICAL REQUIREMENTS SPECIALIST, GS-1101-13
ANDREW POND, QUALITY ASSURANCE SPECIALIST, GS-1910-13
JACK REBERRY, QUALITY ASSURANCE SPECIALIST, GS-1910-13
CHARLES REXON, SAFETY MANAGER, GS-0018-13
DONALD SEAL, FINANCIAL MANAGEMENT ANALYST, GS-0501-13
ROBERT SECREST, LOGISTICS MANAGEMENT SPECIALIST, GS-0346-13
JOHN SHOOK, SYSTEMS ENGINEERING MANAGEMENT SPECIALIST, GS-0301-13
PERCY STANFIELD, LOGISTICS MANAGEMENT SPECIALIST, GS-0346-13
ALLEN STEPHENS, QUALITY ASSURANCE SPECIALIST, GS-1910-13
JOSEPH KLEIN, PROCUREMENT ANALYST, GS-1102-14
EDWARD SIMBRO, PROCUREMENT ANALYST, GS-1102-14
RONALD VERBA, TECHNICAL REQUIREMENTS SPECIALIST, GS-1101-13
--------------- FOOTNOTES$ ---------------
/1/ THE NAME OF THE ACTIVITY APPEARS AS AMENDED AT THE HEARING.
/2/ AT THE HEARING, THE PARTIES ENTERED INTO THE FOLLOWING
STIPULATIONS WHICH WILL BE DEEMED MOTIONS TO AMEND THE PETITION AND ARE
HEREBY GRANTED: (A) RALPH LYMAN, (COMMUNICATIONS SPECIALIST, GS-393-13)
AND GEORGE KOSTELNIK, (CONTRACT PRICE ANALYST, GS-1102-14) ARE
SUPERVISORS AND SHOULD BE EXCLUDED FROM THE BARGAINING UNIT. (B)
RICHARD NORRIS, (COMPUTER SPECIALIST, GS-0334-13), FREDERICK BEELBY
(MOTION PICTURE PRODUCTION SPECIALIST, GS-1071-13), MITCHELL ROSE
(MOTION PICTURE PRODUCTION SPECIALIST, GS-1071-13), THOMAS MARTIN
(SYSTEMS ENGINEERING MANAGEMENT SPECIALIST, GS-0301-13), ROBERT GUNNING
(TECHNICAL PUBLICATIONS MANAGEMENT SPECIALIST, GS-0301-13), DICK
STEVENSON (TRAFFIC MANAGEMENT SPECIALIST, GS-2130-13), JAMES BARNUM
(RESOURCE ANALYST, GS-0301-13), FRANKLIN FONG (RESOURCE ANALYST,
GS-0301-13), MICHAEL KOSCIELSKI (RESOURCE ANALYST, GS-0301-13), ROBERT
NORDLI (RESOURCE ANALYST, GS-0301-13), LEONARD WILCOX (RESOURCE ANALYST,
GS-0301-13), ROBERT TOMLINSON (RESOURCE ANALYST, GS-0301-14), STANDLEY
BURKE (CONTRACT PRICE ANALYST, GS-1102-13), EUGENE HORTON (CONTRACT
PRICE ANALYST, GS-1102-13), PATRICK KANOTI (CONTRACT PRICE ANALYST,
GS-1102-13), JOSEPH MALOUIN (CONTRACT PRICE ANALYST, GS-1102-13), REUBEN
MASON (CONTRACT PRICE ANALYST, GS-1102-13), JACK NEILSON (CONTRACT PRICE
ANALYST, GS-1102-13), MAURICE ROSENFELD (CONTRACT PRICE ANALYST,
GS-1102-13), ALLEN SOKALER (CONTRACT PRICE ANALYST, GS-1102-13), ARE NOT
SUPERVISORS OR MANAGEMENT OFFICIALS AND SHOULD BE INCLUDED IN THE
BARGAINING UNIT (C) THE POSITIONS OF RESOURCE ANALYST, GS-0301-13
(PREVIOUSLY HELD BY DAVID HANSEN AND GERALD HEYDINGER) SHOULD BE
INCLUDED WITHIN THE BARGAINING UNIT.
FURTHER, THE RECORD REVEALS THAT THREE OF THE POSITIONS IN DISPUTE
WERE VACANT AT THE TIME OF THE HEARING: PROCUREMENT ANALYST,
GS-1102-13; LOGISTICS MANAGEMENT SPECIALIST, GS-0346-13; AND
PROCUREMENT ANALYST, GS-1102-14. THE AUTHORITY WILL NOT MAKE
ELIGIBILITY DETERMINATIONS FOR VACANT POSITIONS. DEPARTMENT OF THE
TREASURY, BUREAU OF THE MINT, U.S. MINT, DENVER, COLORADO, 6 FLRA NO.
17(1981). ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT THE PETITION BE
DISMISSED TO THE EXTENT THAT IT SEEKS TO CLARIFY THE UNIT ELIGIBILITY OF
THESE POSITIONS.
/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/ THEREFORE IT IS UNNECESSARY TO PASS UPON THE ACTIVITY'S
CONTENTION THAT THESE INCUMBENTS ARE ALSO MANAGEMENT OFFICIALS, AND THEY
HAVE NOT BEEN LISTED IN APPENDIX B.
/5/ SECTION 7103(A)(11) OF THE STATUTE DEFINES "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 . . . .