[ v10 p487 ]
10:0487(80)CU
The decision of the Authority follows:
10 FLRA No. 80 U.S. ARMY ARMAMENT RESEARCH AND DEVELOPMENT COMMAND (ARRADCOM) Activity/Petitioner and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 225, AFL-CIO Labor Organization Case No. 2-CU-23 DECISION AND ORDER CLARIFYING UNIT UPON A PETITION DULY FILED WITH THE 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 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 225, AFL-CIO (AFGE) WAS CERTIFIED ON MAY 1, 1980, AS THE EXCLUSIVE BARGAINING REPRESENTATIVE FOR A UNIT OF ALL NONPROFESSIONAL GENERAL SCHEDULE EMPLOYEES OF ARRADCOM IN DOVER, NEW JERSEY AND IN TENANT ACTIVITIES SERVICED BY THE ARRADCOM CIVILIAN PERSONNEL OFFICE. ESSENTIALLY, ARRADCOM SEEKS TO EXCLUDE FROM THE RECOGNIZED UNIT 17 EMPLOYEES BASED ON THE ALLEGATION THAT THEY ARE SUPERVISORS. THESE EMPLOYEES ARE, RESPECTIVELY, IN THE JOB CLASSIFICATIONS OF PROGRAM ANALYST (GS-345-13), MANAGEMENT ANALYST (GS-343-13), AND CONTRACT SPECIALIST (GS-1102-13). /1/ THE RECORD ESTABLISHES THAT THE PROGRAM ANALYST ASSIGNS AND DIRECTS WORK AND HAS EFFECTIVELY RECOMMENDED THE HIRING OF A SUBORDINATE; THAT THE MANAGEMENT ANALYST HAS EFFECTIVELY RECOMMENDED THE HIRING OF AND AWARDS FOR SUBORDINATES; AND THAT THE CONTRACT SPECIALISTS ASSIGN AND DIRECT WORK AND HAVE EFFECTIVELY RECOMMENDED 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, /2/ AND THE AUTHORITY SHALL ORDER THAT THEY BE EXCLUDED FROM THE 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 INCUMBENTS IN THE FOLLOWING JOB CLASSIFICATIONS: PROGRAM ANALYST (GS-345-13), MANAGEMENT ANALYST (GS-343-13), AND CONTRACT SPECIALIST (GS-1102-13). ISSUED, WASHINGTON, D.C., NOVEMBER 18, 1982 RONALD W. HAUGHTON, CHAIRMAN HENRY B. FRAZIER III, MEMBER LEON B. APPLEWHAITE, MEMBER FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES$ --------------- /1/ ARRADCOM'S MOTION AT THE HEARING TO AMEND ITS PETITION BY WITHDRAWING CERTAIN OTHER JOB CLASSIFICATIONS FROM CONSIDERATION HEREIN IS GRANTED. /2/ SECTION 7103(A)(10) 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 . . . .