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10:0666(110)CU - Army Missile Command, Redstone Arsenal, Huntsville, AL and AFGE Local 1858 -- 1982 FLRAdec RP



[ v10 p666 ]
10:0666(110)CU
The decision of the Authority follows:


 10 FLRA No. 110
 
 UNITED STATES ARMY MISSILE COMMAND,
 REDSTONE ARSENAL, HUNTSVILLE, ALABAMA
 Activity/Petitioner
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1858
 Labor Organization
 
                                            Case No. 4-CU-31
 
                    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, AFL-CIO, Local 1858 (AFGE) was recognized on March
 8, 1967 as the exclusive bargaining representative for a unit of all
 current and future eligible civilian employees of the U.S. Army Missile
 Command and the U.S. Army Communications Command, Redstone Arsenal,
 Alabama.  Essentially, the petition seeks to clarify the bargaining unit
 status of the incumbents in the job classifications of Procurement and
 Production Officer, GS-1101-14;  and Program Analyst, GS-0345-13, based
 on the Activity's contention that they are supervisors.  /1/
 
    The Authority finds, in agreement with the Activity/Petitioner, that
 the employees in the job classifications of Procurement and Production
 Officer, GS-1101-14;  and Program Analyst, GS-0345-13, are supervisors
 within the meaning of section 7103(a)(10) of the Statute.  /2/ Thus, the
 record establishes that the Procurement and Production Officer,
 GS-1101-14, assigns and directs work, has hired subordinates, and has
 effectively recommended subordinates for awards;  and that the Program
 Analyst, GS-0345-13, assigns and directs work and has 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 must be excluded from the unit.
 
                                   ORDER
 
    IT IS 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:  Procurement and Production Officer,
 GS-1101-14, and Program Analyst, GS-0345-13.  Issued, Washington, D.C.,
 December 16, 1982
                                       Ronald W. Haughton, Chairman
                                       Henry B. Frazier III, Member
                                       Leon B. Applewhaite, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ During the course of the hearing, the Activity, with the
 agreement of AFGE and the hearing officer, amended its petition by
 withdrawing certain job classifications from consideration by the
 Authority.
 
 
    /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 . . . .