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13:0092(24)CU
The decision of the Authority follows:
13 FLRA No. 24
U.S. DEPARTMENT OF AGRICULTURE
UNITED STATES FOREST SERVICE
SHASTA-TRINITY NATIONAL FOREST
Activity/Petitioner /1/
and
NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1771
Labor Organization
Case No. 9-CU-52
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 National Federation of
Federal Employees (NFFE) was certified on July 23, 1979 as the exclusive
bargaining representative for a nationwide consolidated unit of all
professional and nonprofessional employees of the Forest Service, U.S.
Department of Agriculture. /2/ Essentially, the petition seeks to
clarify the bargaining unit status of Linda Shoemaker, Computer
Technician, GS-335-06, based on the Activity/Petitioner's contention
that she is a supervisor.
The Authority finds, in agreement with the Activity/Petitioner, that
Linda Shoemaker, Computer Technician, GS-335-06, is a supervisor within
the meaning of section 7103(a)(10) of the Statute. /3/ Thus, the record
establishes that Shoemaker assigns and directs work; that she has
effectively recommended the hiring and layoff of subordinates and awards
for them; and that these duties are not merely routine or clerical in
nature but require the consistent exercise of independent judgment.
Accordingly, Shoemaker is a supervisor within the meaning of section
7103(a)(10) of the Statute and must be excluded from the unit. /4/
ORDER
IT IS ORDERED that the unit sought to be clarified herein be, and it
hereby is, clarified by excluding from said unit Linda Shoemaker,
Computer Technician, GS-335-06. Issued, Washington, D.C., September 27,
1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
/1/ The name of the Activity/Petitioner appears as amended at the
hearing.
/2/ NFFE, Local 1771 is the representative of the National Union for
the segment of employees in the nationwide unit located at
Shasta-Trinity National Forest.
/3/ 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, except that, with respect to any unit
which includes firefighters or nurses, the term 'supervisor'
includes only those individuals who devote a preponderance of
their employment time to exercising such authority(.)
/4/ In applying the definition of supervisor, the Authority notes
that while the certified bargaining unit herein may include certain
incumbents in firefighter positions, it was neither alleged nor shown
that Shoemaker was employed in one of these positions. See Department
of the Navy, Naval Undersea Warfare Engineering Station, Keyport,
Washington, 7 FLRA No. 78 (1981), where the Authority concluded "that
the preponderance of time test contained within the definition of
supervisor in section 7103(a)(10) of the Statute applies only to
firefighters and nurses and not to other types of employees who happen
to be in units with firefighters or nurses."