09:0965(135)CU - Joint Tactical Communications Office (TRI-TAC) and NFFE Local 476; Army Aviation Research and Development Command and NFFE Local 476; Army Satellite Communications Agency and NFFE Local 476; Army Communications Research and Development Command and NFFE Local 476; Army Electronics Research and Development Command and NFFE Local 476; Army Aviation Research and Development Command and NFFE Local 476 -- 1982 FLRAdec RP
[ v09 p965 ]
09:0965(135)CU
The decision of the Authority follows:
9 FLRA No. 135 JOINT TACTICAL COMMUNICATIONS OFFICE (TRI-TAC) Activity/Petitioner and Case No. 2-CU-25 NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 476, INDEPENDENT /1/ Labor Organization U.S. ARMY AVIATION RESEARCH AND DEVELOPMENT COMMAND Activity/petitioner and Case No. 2-CU-26 /2/ NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 476, INDEPENDENT Labor Organization U.S. ARMY SATELLITE COMMUNICATIONS AGENCY Activity/Petitioner and Case No. 2-CU-27 /3/ NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 476, INDEPENDENT Labor Organization U.S. ARMY COMMUNICATIONS RESEARCH AND DEVELOPMENT COMMAND Activity/Petitioner and Case No. 2-CU-28 /4/ NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 476, INDEPENDENT Labor Organization U.S. ARMY ELECTRONICS RESEARCH AND DEVELOPMENT COMMAND Activity/Petitioner and Case No. 2-CU-30 /5/ NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 476, INDEPENDENT Labor Organization U.S. ARMY AVIATION RESEARCH AND DEVELOPMENT COMMAND Activity/Petitioner and Case No. 2-CU-31 /6/ NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 476, INDEPENDENT Labor Organization DECISION AND ORDER CLARIFYING UNIT UPON PETITIONS DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY UNDER SECTION 7111(B)(2) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE), A CONSOLIDATED 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: IN CASE NO. 2-CU-25, /7/ THE ACTIVITY/PETITIONER SEEKS TO CLARIFY THE STATUS OF APPROXIMATELY 47 EMPLOYEES IN 39 JOB CLASSIFICATIONS WHO IT CONTENDS SHOULD BE EXCLUDED FROM THE RECOGNIZED BARGAINING UNIT ON THE GROUNDS THAT THEY ARE SUPERVISORS OR MANAGEMENT OFFICIALS. /8/ IN CASE NO. 2-CU-26, ACTIVITY/PETITIONER SEEKS TO CLARIFY THE STATUS OF APPROXIMATELY 4 EMPLOYEES IN THE JOB CLASSIFICATION ELECTRONICS ENGINEER, GS-855-13, 79-164,WHO IT CONTENDS SHOULD BE EXCLUDED FROM THE BARGAINING UNIT ON THE GROUNDS THAT THEY ARE SUPERVISORS. /9/ SUPERVISORS /10/ IN CASE NO. 2-CU-25, WITH REGARD TO THE ONLY TWO SUPERVISORY JOB CLASSIFICATIONS IN CONTENTION, THE AUTHORITY FINDS IN AGREEMENT WITH NFFE THAT THE INCUMBENTS IN THE JOB CLASSIFICATIONS ELECTRONICS ENGINEER, GS-855-14, 80-1091 AND COMMUNICATIONS MANAGEMENT SPECIALIST, GS-391-14, 80-1090 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 THE INCUMBENTS IN THESE JOB CLASSIFICATIONS SHOULD REMAIN IN THE BARGAINING UNIT. IN CASE NO. 2-CU-26 THE AUTHORITY FINDS IN AGREEMENT WITH THE ACTIVITY/PETITIONER THAT THE EMPLOYEES IN THE JOB CLASSIFICATION ELECTRONICS ENGINEER, GS-855-13, 79-164 ASSIGN WORK TO THEIR SUBORDINATES, AND HAVE EFFECTIVELY RECOMMENDED THE HIRING OF AND AWARDS 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, THESE INCUMBENTS ARE SUPERVISORS WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE STATUTE AND THEY SHALL BE ORDERED EXCLUDED FROM THE UNIT. MANAGEMENT OFFICIALS /11/ THE AUTHORITY FINDS IN AGREEMENT WITH THE NFFE THAT THE INCUMBENTS IN THE JOB CLASSIFICATIONS LISTED IN THE APPENDIX ARE NOT MANAGEMENT OFFICIALS WITHIN THE MEANING OF SECTION 7103(A)(11) OF THE STATUTE AS INTERPRETED BY THE AUTHORITY AND SHOULD REMAIN IN THE RECOGNIZED BARGAINING 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 PRINCIPLE, 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 INCUMBENTS IN THE JOB CLASSIFICATIONS LISTED IN THE APPENDIX 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 AS INTERPRETED BY THE AUTHORITY. ACCORDINGLY, THE AUTHORITY FINDS THAT THE INCUMBENTS IN THE JOB CLASSIFICATIONS LISTED IN THE APPENDIX SHOULD REMAIN IN THE BARGAINING UNIT. ORDER IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED IN CASE 2-CU-26 BE, AND IT HEREBY IS, CLARIFIED BY EXCLUDING FROM SAID UNIT THE JOB CLASSIFICATION OF ELECTRONICS ENGINEER, GS-855-13, 79-164. IT IS FURTHER ORDERED THAT, THE PETITIONS IN CASE NOS. 2-CU-25, 2-CU-27, 2-CU-28, AND 2-CU-30 BE AND THEY HEREBY ARE, DISMISSED. ISSUED, WASHINGTON, D.C., AUGUST 16, 1982 RONALD W. HAUGHTON, CHAIRMAN HENRY B. FRAZIER III, MEMBER LEON B. APPLEWHAITE, MEMBER FEDERAL LABOR RELATIONS AUTHORITY APPENDIX JOB CLASSIFICATIONS OF INCUMBENTS ALLEGED TO BE MANAGEMENT OFFICIALS PROCUREMENT ANALYST, GS-1102-14, 76-869 COMMUNICATIONS MANAGEMENT SPECIALIST, GS-391-14, 80-1089 COMMUNICATIONS MANAGEMENT SPECIALIST, GS-391-13, 80-1088 ELECTRONICS ENGINEER, GS-855-14, 72-83 ELECTRONICS ENGINEER, GS-855-14, 80-1068 ELECTRONICS ENGINEER, GS-855-14, 80-1067 ELECTRONICS ENGINEER, GS-855-13, 80-1072 ELECTRONICS ENGINEER, GS-855-14, 80-1066 ELECTRONICS ENGINEER, GS-855-13, 80-1073 MECHANICAL ENGINEER, GS-830-13, 80-1074 CONFIGURATION MANAGEMENT OFFICER, GS-301-13, 76-871 CONFIGURATION MANAGEMENT OFFICER, GS-301-13, 79-72 DATA MANAGEMENT SPECIALIST, GS-301-13, 74-17 LOGISTICS MANAGEMENT SPECIALIST, GS-346-13, 77-154 LOGISTICS MANAGEMENT SPECIALIST, GS-346-13, 78-263 ELECTRONICS ENGINEER, GS-855-14, 75-110 ELECTRONICS ENGINEER, GS-855-15, 74-120 ELECTRONICS ENGINEER, GS-855-14, 78-364 ELECTRONICS ENGINEER, GS-855-14, 72-51 ELECTRONICS ENGINEER, GS-855-14, 78-369 ELECTRONICS ENGINEER, GS-855-14, 72-64 ELECTRONICS ENGINEER, GS-855-14, 72-62 ELECTRONICS ENGINEER, GS-855-14, 72-61 ELECTRONICS ENGINEER, GS-855-13, 72-65 ELECTRONICS ENGINEER, GS-855-14, 72-40 ELECTRONICS ENGINEER, GS-855-14, 74-234 ELECTRONICS ENGINEER, GS-855-14, 80-1002 ELECTRONICS ENGINEER, GS-855-13, 72-43 ELECTRONICS ENGINEER, GS-855-14, 72-46 MECHANICAL ENGINEER, GS-830-14, 72-49 ELECTRONICS ENGINEER, GS-855-14, 80-1003 ELECTRONICS ENGINEER, GS-855-13, 77-1688 ELECTRONICS ENGINEER, GS-855-14, 72-36 ELECTRONICS ENGINEER, GS-855-14, 76-862 ELECTRONICS ENGINEER, GS-855-14, 76-563 ELECTRONICS ENGINEER, GS-855-13, 80-1004 ELECTRONICS ENGINEER, GS-855-14, 76-861 --------------- FOOTNOTES$ --------------- /1/ THE NAME OF THE LABOR ORGANIZATION APPEARS AS AMENDED AT THE HEARING. /2/ DURING THE COURSE OF THE HEARING, THE PETITIONER WITH THE AGREEMENT OF THE NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 476, INDEPENDENT AND THE HEARING OFFICER AMENDED ITS PETITION TO INCLUDE ONLY THE ONE JOB CLASSIFICATION OF ELECTRONICS ENGINEER, GS-855-13, 79-164. /3/ AT THE HEARING, IN CASE NO. 2-CU-27, THE PARTIES AGREED THAT THE INCUMBENT IN THE SOLE JOB CLASSIFICATION IN CONTENTION, OPERATIONS RESEARCH ANALYST, GS-1515-14, 74-2841, WAS A SUPERVISOR AND SHOULD BE EXCLUDED FROM THE BARGAINING UNIT. WITH NO JOB CLASSIFICATIONS IN DISPUTE, THE AUTHORITY SHALL ORDER THE PETITION IN CASE NO. 2-CU-27 BE DISMISSED. /4/ AT THE HEARING, IN CASE NO. 2-CU-28, THE PARTIES AGREED THAT THE INCUMBENTS IN THE JOB CLASSIFICATIONS LEFT IN CONTENTION WERE SUPERVISORS AND SHOULD BE EXCLUDED FROM THE BARGAINING UNIT. WITH NO JOB CLASSIFICATIONS IN DISPUTE, THE AUTHORITY SHALL ORDER THE PETITION IN CASE NO. 2-CU-28 BE DISMISSED. /5/ AT THE HEARING, THE PARTIES AFTER NARROWING THE NUMBER OF JOB CLASSIFICATIONS IN DISPUTE, STIPULATED THAT THE INCUMBENTS IN THE 35 JOB CLASSIFICATIONS REMAINING WERE SUPERVISORS AND SHOULD BE EXCLUDED FROM THE BARGAINING UNIT. WITH NO JOB CLASSIFICATIONS IN DISPUTE, THE AUTHORITY SHALL ORDER THAT THE PETITION IN CASE NO. 3-CU-30 BE DISMISSED. /6/ AT THE HEARING IN CASE NO. 2-CU-31, THE PETITIONER MOVED TO WITHDRAW ITS PETITION. PETITIONER'S UNOPPOSED MOTION IS HEREBY GRANTED. /7/ THE NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 476, INDEPENDENT (NFFE) WAS RECOGNIZED ON AUGUST 3, 1971, AS THE EXCLUSIVE BARGAINING REPRESENTATIVE FOR A UNIT OF ALL PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES OF THE JOINT TACTICAL COMMUNICATIONS OFFICE (TRI-TAC) 197 HANCE ROAD, NEW SHREWSBURY, NEW JERSEY. /8/ AT THE HEARING THE PARTIES ENTERED INTO THE FOLLOWING STIPULATIONS WHICH ARE DEEMED MOTIONS TO AMEND AND HEREBY GRANTED: (A) INCUMBENTS IN JOB CLASSIFICATIONS ELECTRONICS ENGINEER, GS-855-15, 72-54 AND PROGRAM ANALYST, GS-345-14, 80-1086 ARE SUPERVISORS AND SHOULD BE EXCLUDED FROM THE RECOGNIZED BARGAINING UNIT. (B) INCUMBENTS IN JOB CLASSIFICATIONS OPERATIONS RESEARCH ANALYST GS-1515-14, 80-1001; BUDGET ANALYST GS-560-13, 72-70; PROGRAM ANALYST GS-345-13, 80-1087; AND COMPUTER SPECIALIST GS-334-13, 78-101 ARE NOT SUPERVISORS OR MANAGEMENT OFFICIALS AND SHOULD REMAIN IN THE RECOGNIZED BARGAINING UNIT. (C) THAT THE JOB CLASSIFICATIONS OF ELECTRONICS ENGINEER, GS-855-14, 80-1068; ELECTRONICS ENGINEER, GS-855-14, 80-1067; ELECTRONICS ENGINEER, GS-855-13, 80-1073; ELECTRONICS ENGINEER, GS-855-14, 72-40; ELECTRONICS ENGINEER, GS-855-13, 72-43; ELECTRONICS ENGINEER, GS-855-13, 77-1688 BE ADDED TO THOSE TO BE DECIDED BY THE AUTHORITY AS THEY WERE FILLED SUBSEQUENT TO THE FILING DATE OF THE PETITION. /9/ NFFE WAS CERTIFIED ON MARCH 30, 1978 AS THE EXCLUSIVE BARGAINING REPRESENTATIVE FOR A UNIT OF ALL PROFESSIONAL EMPLOYEES OF AVRADCOM ELEMENTS AT FORT MONMOUTH, NEW JERSEY INCLUDING FULL-TIME TEMPORARY EMPLOYEES. /10/ SECTIONS 7103(A)(10) OF THE STATUTE 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 . . . /11/ 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 . . .