New York Division of Military and Naval Affairs and Association of Civilian Technicians (Authority decision, September 27, 1983)

Final FLRA representation decision. The Authority clarified the bargaining unit in this decision. 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 New York Division of Military and Naval Affairs sought to exclude four technicians from an ACT bargaining unit as supervisors. The Authority found that Charles Demarest and William Baldwin independently directed work and effectively recommended personnel actions. It found no comparable statutory supervisory authority for David Schmidt and Matthew Dutkiewicz. The unit was clarified to exclude the first two and retain the other two. The outcome is classified as other because this was an original unit petition.

Decision snapshot

• Authority: 5 U.S.C. § 7103(a)(10).
• Outcome: Charles Demarest and William Baldwin excluded; David Schmidt and Matthew Dutkiewicz retained.
• Key point: Independent supervisory authority, not job title alone, controlled unit membership.

Full text (FLRA public release)

[ v13 p81 ]

13:0081(21)CU

The decision of the Authority follows:

13 FLRA No. 21

STATE OF NEW YORK, DIVISION OF
MILITARY AND NAVAL AFFAIRS, PUBLIC
SECURITY BUILDING, STATE CAMPUS
ALBANY, NEW YORK
Activity/Petitioner /1/

and

ASSOCIATION OF CIVILIAN TECHNICIANS, INC.
Labor Organization

Case No. 1-CU-30001

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 Association of Civilian Technicians, Inc. (ACT) was certified on May 26, 1970 as the exclusive representative for a unit of all Army, Air, Air Defense, and National Guard Technicians and employees in the United States Property and Fiscal Office located in the State of New York. Essentially, the amended petition seeks to clarify the bargaining unit status of four employees based on the Activity/Petitioner's contention that they are supervisors.

The Activity/Petitioner contends that Charles Demarest, Aircraft Electrician, WG-2892-11, F4218000; David Schmidt, Aircraft Ordinance Systems Mechanic, WG-6652-11, F4544100; Matthew Dutkiewicz, Pneudraulic Systems Mechanic, WG-8255-11, F4535100; and William Baldwin, Fabric Worker, WG-3105-11, F9214000 are supervisors within the meaning of section 7103(a)(10) of the Statute and should be excluded from the unit.
/2/ Of these, the record establishes that Demarest assigns and directs work, and has effectively recommended hiring of and awards for subordinates; and that Baldwin assigns and directs work, handles grievances, and has effectively recommended the hiring of and promotions for subordinates. The Authority further finds that these duties are not merely routine or clerical in nature, but require the consistent exercise of independent judgment. Accordingly, Demarest and Baldwin are supervisors within the meaning of section 7103(a)(10) of the Statute and shall be excluded from the unit.

The Authority further concludes that Schmidt and Dutkiewicz do not exercise any of the statutory indicia of supervisory authority. Accordingly, they are not supervisors within the meaning of section 7103(a)(10) of the Statute and shall be included in the bargaining unit.

ORDER

IT IS ORDERED that the unit sought to be clarified be, and it hereby is, clarified by excluding from said unit Charles Demarest, Aircraft Electrician, WG-2892-11, F4218000 and William Baldwin, Fabric Worker, WG-3105-11, F9214000, and by including in said unit David Schmidt, Aircraft Ordinance Systems Mechanic, WG-6652-11, F4544100 and Matthew Dutkiewicz, Pneudraulic Systems Mechanic, WG-8255-11, F4535100. 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/ 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 . . . .