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10:0679(115)CU - Homestead AFB, Homestead, FL and NFFE Local 1167 -- 1982 FLRAdec RP



[ v10 p679 ]
10:0679(115)CU
The decision of the Authority follows:


 10 FLRA No. 115
 
 HOMESTEAD AIR FORCE BASE,
 HOMESTEAD, FLORIDA
 Activity
 
 and
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 1167
 Petitioner
 
                                            Case No. 4-CU-25
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    Upon a petition duly filed by 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 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 National Federation of
 Federal Employees, Local 1167 (NFFE) was recognized on July 3, 1967 as
 the exclusive bargaining representative of a unit of all Air Force
 civilian employees serviced by the Central Civilian Personnel Office at
 Homestead Air Force Base, Florida.  Essentially, the Petitioner seeks to
 include in the recognized bargaining unit the incumbents in the job
 classifications collectively characterized as shall shop chiefs.  /1/
 The Activity contends that the small shop chiefs are supervisors and
 should be excluded from the unit.  /2/
 
    The record establishes, with regard to each of the disputed
 positions, as follows:  The Instrument Mechanic, WG-3359-11;  the
 Aircraft Electricians Systems Repairman, WG-2892-11;  and the Painter,
 WG-4102-10, assign and direct work and have effectively recommended the
 hiring of subordinates;  the Fabric Worker, WG-3105-09, assigns and
 directs work, has effectively recommended the hiring of subordinates and
 has effectively recommended subordinates for promotions and awards;  and
 the Powered Support System Mechanic (Aircraft), WG-3806-11, assign and
 direct subordinates.  /3/ 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 that these incumbents are supervisors within the meaning of
 section 7103(a)(10) of the Statute and must be excluded from the unit.
 
                                   ORDER
 
    In view of the above determinations, IT IS ORDERED that the petition
 herein should be, and it hereby is, dismissed.  Issued, Washington,
 D.C., December 23, 1982
                                       Ronald W. Haughton, Chairman
                                       Henry B. Frazier III, Member
                                       Leon B. Applewhaite, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ At the hearing, the parties entered into a stipulation, which is
 deemed a motion to amend and is hereby granted, to the effect that
 incumbents in the job classifications of Airborne Electronic Computer
 Repairer, WG-26104-12 and Aircraft Electrician, WG-2892-11 are
 supervisors and should be excluded from the unit.
 
 
    /2/ Section 7103(a)(10) of the Statutes 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 . . . .
 
 
    /3/ The present incumbent of the Sheet Metal Mechanic (Aircraft),
 WG-3806-11, position has only held this position for one month;
 however, the record indicates that the incumbent is presently
 interviewing candidates and has the authority to select among them to
 fill a vacancy in his shop.  Moreover, his predecessor assigned and
 directed work and there is nothing to indicate that he will not exercise
 the same authority.