U.S. Army Natick Research and Development Laboratories and National Association of Government Employees, Local R1-34 (Authority decision, June 1, 1982)

Final FLRA representation decision. The Authority directly decided a unit-clarification petition. This appropriate-unit determination is excluded from the 60-day judicial-review provision by 5 U.S.C. § 7123(a)(2).

Plain-English summary

The Army sought to remove employees in several professional jobs from a Natick bargaining unit, claiming they were supervisors or management officials. The Authority found that six positions exercised independent supervisory judgment in hiring, assigning work, promotions, awards, or grievances. It also found that a health physicist and a general attorney shaped agency policy by drafting activity-wide regulations. It excluded those eight positions and dismissed the petition as to the remaining disputed jobs. The Authority decided the petition directly, so there was no regional director ruling to affirm or reverse.

Decision snapshot

• Authority: 5 U.S.C. §§ 7103(a)(10), 7103(a)(11), and 7111(b)(2).
• Outcome: Eight disputed positions excluded; the other challenged positions remained in the unit.
• Key point: Independent supervisory judgment or authority over agency policy supported exclusion; routine team leadership did not.

Full text (FLRA public release)

[ v09 p25 ]

09:0025(4)CU

The decision of the Authority follows:

9 FLRA No. 4

U.S. ARMY NATICK
RESEARCH AND DEVELOPMENT
LABORATORIES /1/
Activity/Petitioner

and

NATIONAL ASSOCIATION
OF GOVERNMENT EMPLOYEES
LOCAL R1-34
Labor Organization

Case No. 1-CU-29

DECISION AND ORDER CLARIFYING UNIT

UPON A PETITION DULY FILED WITH 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 ASSOCIATION OF
GOVERNMENT EMPLOYEES, LOCAL R1-34 (NAGE) WAS RECOGNIZED BY THE ACTIVITY
ON MARCH 24, 1965, AS THE EXCLUSIVE BARGAINING REPRESENTATIVE FOR A UNIT
OF ALL EMPLOYEES OF THE U.S. ARMY NATICK RESEARCH AND DEVELOPMENT
COMMAND AT NATICK, MASSACHUSETTS, SUDBURY, MASSACHUSETTS AND WATERTOWN,
MASSACHUSETTS. ESSENTIALLY, THE ACTIVITY'S PETITION SEEKS TO EXCLUDE
FROM THE RECOGNIZED UNIT THE INCUMBENTS IN VARIOUS JOB CLASSIFICATIONS
BASED ON THE ALLEGATION THAT THEY ARE SUPERVISORS, MANAGEMENT OFFICIALS
OR BOTH. /2/

SUPERVISORS /3/

THE ACTIVITY CONTENDS THAT THE EMPLOYEES IN THE JOB CLASSIFICATIONS
LISTED IN THE APPENDIX ARE SUPERVISORS AND SHOULD BE EXCLUDED FROM THE
UNIT. OF THESE, THE RECORD ESTABLISHES THAT THE FOOD TECHNOLOGIST,
GS-1382-13, JN 1264, ASSIGNS WORK, ADJUSTS GRIEVANCES AND HAS
EFFECTIVELY RECOMMENDED HIRING OF SUBORDINATES; THAT THE FOOD
TECHNOLOGIST, GS-1382-13, JN 1879, EFFECTIVELY RECOMMENDED HIRING OF AND
PROMOTIONS AND AWARDS FOR SUBORDINATES AND ADJUSTS GRIEVANCES; THAT THE
OPERATIONS RESEARCH ANALYST, GS-1515-13, JN 2238, AND THE OPERATIONS
RESEARCH ANALYST, GS-1515-13, JN 2239, ASSIGN WORK AND HAVE EFFECTIVELY
RECOMMENDED HIRING OF AND PROMOTIONS FOR SUBORDINATES; THAT THE
RESEARCH PSYCHOLOGIST, GS-180-13, JN 2559, HAS EFFECTIVELY RECOMMENDED
HIRING OF AND REMOVAL OF SUBORDINATES; AND THAT THE PATENT ATTORNEY,
GS-1222-14, JN 611, ASSIGNS WORK AND HAS EFFECTIVELY RECOMMENDED 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. THEREFORE, THE AUTHORITY SHALL ORDER THAT THEY BE EXCLUDED
FROM THE UNIT. /4/

THE AUTHORITY FURTHER FINDS THAT THE INCUMBENTS IN THE REMAINING JOB
CLASSIFICATIONS LISTED IN THE APPENDIX 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 SHALL
ORDER THAT THEY REMAIN IN THE BARGAINING UNIT.

MANAGEMENT OFFICIALS /5/

THE ACTIVITY CONTENDS THAT THE EMPLOYEES IN THE FOLLOWING JOB
CLASSIFICATIONS ARE MANAGEMENT OFFICIALS AND SHOULD BE EXCLUDED FROM THE
UNIT: AEROSPACE ENGINEER, GS-861-13, JN 193; MECHANICAL ENGINEER,
GS-830-13, JN 1378; FOOD TECHNOLOGIST, GS-1382-13, JN 8936; AEROSPACE
ENGINEER, GS-831-13, JN 147; MECHANICAL ENGINEER, GS-830-13, JN 1409;
MECHANICAL ENGINEER, GS-830-13, JN 1410; GENERAL ENGINEER, GS-801-13,
JN 2297; HEALTH PHYSICIST, GS-1306-13, JN 2561; GENERAL ATTORNEY,
GS-905-13, JN 2744; AND MECHANICAL ENGINEER, GS-830-13, JN 2526.

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 PRINCIPLES,
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 OF HEALTH PHYSICIST, GS-1306-13, JN 2561 AND
GENERAL ATTORNEY, GS-905-13, JN 2744 ARE MANAGEMENT OFFICIALS AND SHALL
ORDER THEIR EXCLUSION FROM THE BARGAINING UNIT. THUS, THE RECORD
ESTABLISHES THAT EACH OF THEM IS RESPONSIBLE FOR THE DRAFTING AND
ESTABLISHMENT OF ACTIVITY WIDE REGULATIONS WHICH DETERMINE GENERAL
PRINCIPLES, PLANS OR COURSES OF ACTIONS FOR THE ACTIVITY. IT FOLLOWS
THAT THEIR RESPONSIBILITIES REQUIRE AND AUTHORIZE THEM TO FORMULATE,
DETERMINE, OR INFLUENCE THE POLICIES OF THE ACTIVITY WITHIN THE MEANING
OF SECTION 7103(A)(11) OF THE STATUTE.

WITH RESPECT TO THE OTHER ALLEGED MANAGEMENT OFFICIALS, THE AUTHORITY
FINDS THAT THEY 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. ACCORDINGLY,
THE AUTHORITY SHALL ORDER THAT THESE INCUMBENTS REMAIN IN THE BARGAINING
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 FOLLOWING
POSITIONS: FOOD TECHNOLOGIST, GS-1382-13, JN 1264; FOOD TECHNOLOGIST,
GS-1382-13, JN 1879; OPERATIONS RESEARCH ANALYST, GS-1515-13, JN 2238;
OPERATIONS RESEARCH ANALYST, GS-1515-13, JN 2239; RESEARCH
PSYCHOLOGIST, GS-180-13, JN 2259; PATENT ATTORNEY, GS-1222-14, JN 611;
HEALTH PHYSICIST, GS-1306-13, JN 2561; AND GENERAL ATTORNEY, GS-905-13,
JN 2744.

IT IS FURTHER ORDERED THAT, WITH REGARD TO ALL OTHER JOB
CLASSIFICATIONS SOUGHT TO BE EXCLUDED HEREIN, THE PETITION BE, AND IT
HEREBY IS, DISMISSED.

ISSUED, WASHINGTON, D.C., JUNE 1, 1982

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY

APPENDIX

ALLEGED SUPERVISORY JOB CLASSIFICATIONS

RESEARCH PSYCHOLOGIST, GS-180-13, JN 2180; RESEARCH CHEMIST,
GS-1320-13, JN 2454; RESEARCH CHEMIST, GS-1320, JNA-2262; RESEARCH
CHEMIST, GS-1320-14, JN 176; FOOD TECHNOLOGIST, GS-1382-14, JNB-1208;
RESEARCH CHEMIST, GS-1320-13, JN 2714; RESEARCH PSYCHOLOGIST,
GS-180-13, JN 1345; RESEARCH MICROBIOLOGIST, GS-403-14, JN 1749;
RESEARCH PSYCHOLOGIST, GS-180-14, JN 1609; RESEARCH CHEMIST,
GS-1320-14, JN 1741; RESEARCH MICROBIOLOGIST, GS-403-14, JN 9000;
RESEARCH CHEMIST, GS-1320-13, JNA-1754; FOOD TECHNOLOGIST, GS-1382-13,
JNA 2207; FOOD TECHNOLOGIST, GS-1382-14, JN 1260; CLOTHING DESIGNER,
GS-062-13, JN 2595; OPERATIONS RESEARCH ANALYST, GS-1515-13, JN 2806;
RESEARCH MICROBIOLOGIST, GS-1403-14, JN 609; MECHANICAL ENGINEER,
GS-830-13, JN 1357; FOOD TECHNOLOGIST, GS-1382-13, JN 1259; FOOD
TECHNOLOGIST, GS-1382-13, JN 2703; MECHANICAL ENGINEER, GS-830-13, JN
2526; FOOD TECHNOLOGIST, GS-1382-13, JN 1264; FOOD TECHNOLOGIST,
GS-1382-13, JN 1879; OPERATIONS RESEARCH ANALYST, GS-1515-13, JN 2238;
OPERATIONS RESEARCH ANALYST, GS-1515-13, JN 2239; RESEARCH
PSYCHOLOGIST, GS-180-13, JN 2259; AND PATENT ATTORNEY, GS-1222-14, JN
611.

--------------- FOOTNOTES$ ---------------

/1/ THE NAME OF THE ACTIVITY APPEARS AS AMENDED AT THE HEARING.

/2/ AT THE HEARING, THE PARTIES ENTERED INTO THE FOLLOWING
STIPULATIONS WHICH WILL BE DEEMED MOTIONS TO AMEND THE PETITION AND ARE
HEREBY GRANTED: (A) A. KAPLAN, GS-15, RESEARCH PHYSICIST AND BIOLOGICAL
CHEMIST, FSL; H. KEAN, GS-13, PUBLIC INFORMATION OFFICER, OFC CDR; AND
C. MERRITT, GS-15, RESEARCH CHEMIST, FSL ARE SUPERVISORS AND SHOULD BE
EXCLUDED FROM THE BARGAINING UNIT. (B) G. HERTWECK, GS-14, PHYSICAL
SCIENCE ADMINISTRATOR, OFC CDR IS A MANAGEMENT OFFICIAL AND SHOULD BE
EXCLUDED FROM THE BARGAINING UNIT. (C) P. ANGELINI, GS-13, RESEARCH
CHEMIST, FSL; D. BALL, GS-14, RESEARCH CHEMIST, FSL; AND A. MADROUK,
GS-14, RESEARCH CHEMIST ARE NOT SUPERVISORS AND SHOULD BE INCLUDED IN
THE BARGAINING UNIT. (D) A. CASEY, GS-13, TEXTILE TECHNOLOGIST SHOULD
ALSO BE EXCLUDED FROM THE BARGAINING UNIT. (E) THE POSITION OF GS-15,
FOOD TECHNOLOGIST HELD BY E. WIETBICKI WAS ABOLISHED AND WILL NOT BE
REESTABLISHED.

FURTHER, THE RECORD REVEALS THAT TWO OF THE POSITIONS IN DISPUTE WERE
VACANT AT THE TIME OF THE HEARING: AEROSPACE ENGINEER, GS-861-13, JN
1398 AND RESEARCH CHEMIST GS-1320-13, JN 2718. THE AUTHORITY WILL NOT
MAKE ELIGIBILITY DETERMINATIONS FOR VACANT POSITIONS. DEPARTMENT OF THE
TREASURY, BUREAU OF THE MINT, U.S. MINT, DENVER, COLORADO, 6 FLRA NO.
17(1981). ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT THE PETITION BE
DISMISSED TO THE EXTENT THAT IT SEEKS TO CLARIFY THE UNIT ELIGIBILITY OF
THESE POSITIONS.

/3/ SECTION 7103(A)(10) OF THE STATUTE 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 . . . .

/4/ IT IS THEREFORE UNNECESSARY TO PASS UPON THE ACTIVITY'S ASSERTION
THAT THE PATENT ATTORNEY, GS-1222-14, JN 611, SHOULD ALSO BE EXCLUDED
FROM THE UNIT ON THE BASIS THAT HE IS A MANAGEMENT OFFICIAL.

/5/ SECTION 7103(A)(11) OF THE STATUTE DEFINES A "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 . . . .