Department of the Air Force, Hanscom Air Force Base and National Federation of Federal Employees, Locals 1384 and 975 (Authority decision, April 20, 1984)

Final FLRA representation decision. The Authority clarified two bargaining units by identifying employees who remain included and employees excluded as supervisors. This is an appropriate-unit determination under 5 U.S.C. § 7112; § 7123(a)(2) excludes it from the ordinary 60-day judicial-review provision.

Plain-English summary

Hanscom Air Force Base petitioned to remove employees from two bargaining units represented by separate National Federation of Federal Employees locals. The Authority found that employees who directed civilian subordinates or effectively recommended personnel actions with independent judgment were supervisors and excluded them. Three employees who supervised only active duty military personnel remained in the unit because service members are not employees under the governing definition. The Authority also found that the listed specialists implemented policy but did not formulate, determine, or influence it as management officials, so they remained in their units. These were original unit-clarification petitions, with no Regional Director decision under review; that is why the outcome is classified as other.

Decision snapshot

• Authority: Supervisor and management-official definitions in 5 U.S.C. § 7103(a)(10) and (11).
• Outcome: Two units clarified by including the identified non-supervisors and excluding employees found to be supervisors.
• Key point: Supervising only military personnel did not make an incumbent a supervisor under the statute's employee definition.

Full text (FLRA public release)

[ v14 p266 ]

14:0266(48)CU

The decision of the Authority follows:

14 FLRA No. 48

DEPARTMENT OF THE AIR FORCE
HANSCOM AIR FORCE BASE
BEDFORD, MASSACHUSETTS
Activity/Petitioner

and

LOCAL 1384, NATIONAL FEDERATION OF
FEDERAL EMPLOYEES
Labor Organization

Case No. 1-CU-40

DEPARTMENT OF THE AIR FORCE
HANSCOM AIR FORCE BASE
BEDFORD, MASSACHUSETTS
Activity/Petitioner

and

LOCAL 975, NATIONAL FEDERATION OF
FEDERAL EMPLOYEES
Labor Organization

Case No. 1-CU-41

DECISION AND ORDER CLARIFYING UNIT

Upon petitions duly filed with the Federal Labor Relations Authority under section 7111(b)(2) of the Federal Service Labor-Management Relations Statute (the Statute), hearings were held before hearing officers of the Authority. /1/ The hearing officers' rulings made at the hearings are free from prejudicial error and are hereby affirmed.

Upon consideration of the entire record, including the parties' contentions, /2/ the Authority finds: In Case No. 1-CU-40, the Activity/Petitioner, in its amended petition, seeks to exclude 49 employees from the bargaining unit on the grounds that they are supervisors, management officials or both. /3/ In Case No. 1-CU-41, the Activity/Petitioner, in its amended petition, seeks to exclude 18 employees from the bargaining unit on the grounds that they are supervisors, management officials or both. /4/ SUPERVISORS

The Activity/Petitioner contends that the employees in the job classifications listed under Case No. 1-CU-40 in Appendix A are supervisors within the meaning of section 7103(a)(10) of the Statute, and should be excluded from the unit. /5/ Of these, the record establishes that Jack Griffin, Electronics Engineer, GS-855-13; Thomas Murdock, Astrophysicist, GS-1330-13; Stephen Price, Physicist (Optics), GS-1310-14; Adelbert McIntyre, Physicist (Optics), GS-1310-15; Robert O'Neil, Physicist (General), GS-1310-14; Robert Gowell, Electronics Engineer, GS-855-13; Jurgen Buchau, Physicist (Physics of Atmosphere), GS-1310-14; Michael Smiddy, Physicist (Physics of Atmosphere), GS-1310-14; Allen Bailey, Electronics Engineer, GS-855-14; William Vickery, Aerospace Engineer, GS-861-14; Robert Good, Physicist (General), GS-1310-14; John Paulsen, Research Chemist, GS-1320-15; and Alton Armington, Research Chemist, GS-1320-14 assign and direct work and have effectively recommended subordinates for awards; that Donald Smith, Physicist (Optics), GS-1310-14; Edward Mullen, Physicist (Physics of Atmosphere), GS-1310-13; John Rex, Electronics Engineer, GS-855-14; John Jasperse, Physicist (Physics of Atmosphere), GS-1310-14; Antonio Quesada, Mathematician, GS-1520-13; and Charles Gallagher, Physicist (General), GS-1310-13 assign and direct work of subordinates; that Hans Laping, Electronics Engineer, GS-855-13; Robert McInerney, Mathematician, GS-1520-13; Paul Tsipouras, Mathematician, GS-1520-13; and Charles Philbrick, Physicist (Physics of Atmosphere), GS-1310-14 assign and direct work and have effectively recommended the hiring of subordinates; that Alfred Rahbee, Physicist (Optics), GS-1310-14; Ernest Huppi, Electronics Engineer, GS-855-14; Herbert Cohen, Physicist (Physics of Atmosphere), GS-1310-15; and Donald Bedo, Physicist (Atomic and Molecular Physics), GS-1310-15 assign and direct work and have effectively recommended subordinates for promotions; that Charles Cunniff, Physical Scientist, GS-1310-13; and John Kennealy, Physicist (Optics), GS-1310-14 assign and direct work and have effectively recommended the hiring of and promotions for subordinates; that Michael Kraus, Physicist (Physics of Atmosphere), GS-1310-13; and Lester Lowe, Physicist (Solid State), GS-1310-14 assign and direct work and have effectively recommended subordinates for awards and promotions; that Raymond Wilton, Electronics Engineer, GS-855-14 assigns and directs work and has effectively recommended the hiring of and awards for subordinates; and that Russell Steeves, Aerospace Engineer, GS-861-14 has effectively recommended subordinates for awards. 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 employees listed above are supervisors within the meaning of section 7103(a)(10) of the Statute and must be excluded from the unit. /6/

Further, the record indicates that Ted Wirtanen, Geodesist, GS-1372-13; John Schummers, Physicist (Optics), GS-1310-13; and Harold Gardiner, Physicist (General), GS-1310-13 supervise only active duty military personnel. As noted, section 7103(a)(10) of the Statute defines a "supervisor" as an individual having certain authority over "employees." Section 7103(a)(2) defines an "employee" for the purposes of the Statute as an individual "employed in an agency," but specifically excludes from that definition "a member of the uniformed services." The Authority finds that the individuals supervised by the above incumbents are members of the uniformed services and thus are not "employees" within the meaning of the Statute. /7/ Therefore, the Authority finds that these incumbents are not supervisors as defined in the Statute and shall order that they remain in the unit.

With regard to all other employees listed under Case No. 1-CU-40 in Appendix A, the Authority finds that they are not supervisors within the meaning of section 7103(a)(10) of the Statute and must remain in the unit since they do not exercise any of the statutory indicia of supervisory authority.

With regard to those individuals listed under Case No. 1-CU-41 in Appendix A, the record indicates that Eugene Delpapa assigns and directs work and has hired subordinates; that Robert Stanton and Douglas Dalessio assign and direct work; that Clement Horrigan assigns and directs work, has disciplined subordinates and has effectively recommended the hiring of subordinates; and that Samuel Galzerano assigns and directs work, has hired and disciplined subordinates, and has effectively recommended awards for subordinates. The Authority further finds that the above duties are not merely routine or clerical in nature, but require the consistent exercise of independent judgment. Accordingly, the employees listed under Case No. 1-CU-41 in Appendix A are supervisors within the meaning of section 7103(a)(10) of the Statute and must be excluded from the unit. /8/ MANAGEMENT OFFICIALS

The Activity/Petitioner contends that the employees listed in Appendix B are management officials within the meaning of section 7103(a)(11) of the Statute /9/ and must be excluded from the unit. In the lead case of Department of the Navy, Automatic Data Processing Selection Office, 7 FLRA 172 (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 cases, the Authority finds that although the employees involved herein are highly trained individuals whose actions assist in implementing, as opposed to shaping, the Activity's policies, they currently do not exercise duties or 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 as interpreted by the Authority. Accordingly, the Authority finds that the employees listed in Appendix B are not management officials and therefore must be included in their respective bargaining units.

ORDER

IT IS ORDERED that the units sought to be clarified in Case Nos. 1-CU-40 and 1-CU-41 be, and they hereby are, clarified by including in their respective units the following employees listed in Appendix A: Chien Hsiung Yang, Physicist (Physics of Atmosphere), GS-1310-14; Margaret Shea, Physicist (Nuclear Physics), GS-1310-14; Paul Fougere, Physicist (Physics of Atmosphere), GS-1310-14; Paul Rothwell, Physicist (Nuclear Physics), GS-1310-14; Ted Wirtanen, Geodesist, GS-1372-13; John Schummers, Physicist (Optics), GS-1310-13; and Harold Gardiner, Physicist (General), GS-1310-13; and further including in their respective units all employees listed in Appendix B.

IT IS FURTHER ORDERED that the units sought to be clarified in Case Nos. 1-CU-40 and 1-CU-41 be, and they hereby are, clarified by excluding from their respective units all other employees listed in Appendix A, who have been found herein to be supervisors. Issued, Washington, D.C, April 20, 1984 Barbara J. Mahone, Chairman Ronald W. Haughton, Member Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY

APPENDIX A

EMPLOYEES ALLEGED TO BE SUPERVISORS

CASE NO. 1-CU-40, WITH REGARD TO THE BARGAINING UNIT REPRESENTED BY LOCAL 1384, NFFE

Hans Laping, Electronics Engineer, GS-855-13

Jack Griffin, Electronics Engineer, GS-855-13

Russell Steeves, Aerospace Engineer, GS-861-14

Ted Wirtanen, Geodesist, GS-1372-13

Chien Hsiung Yang, Physicist (Physics of Atmosphere), GS-1310-14

Thomas Murdock, Astrophysicist, GS-1330-13

Charles Cunniff, Physical Scientist, GS-1301-13

Stephen Price, Physicist (Optics), GS-1310-14

Adelbert McIntyre, Physicist (Optics), GS-1310-15

Alfred Rahbee, Physicist (Optics), GS-1310-14

Jack Kennealy, Physicist (Optics), GS-1310-14

Ernest Huppi, Electronics Engineer, GS-855-14

Robert O'Neil, Physicist (General), GS-1310-14

Donald Smith, Physicist (Optics), GS-1310-14

Michael Kraus, Physicist (Physics of Atmosphere), GS-1310-13

Edward Mullen, Physicist (Physics of Atmosphere), GS-1310-13

John Rex, Electronics Engineer, GS-855-14

John Schummers, Physicist (Optics), GS-1310-13

Harold Gardiner, Physicist (General), GS-1310-13

Robert Gowell, Electronics Engineer, GS-855-13

Jurgen Buchau, Physicist (Physics of Atmosphere), GS-1310-14

John Jasperse, Physicist (Physics of Atmosphere), GS-1310-14

Michael Smiddy, Physicist (Physics of Atmosphere), GS-1310-14

Herbert Cohen, Physicist (Physics of Atmosphere), GS-1310-15

Margaret Shea, Physicist (Nuclear Physics), GS-1310-14

Paul Fougere, Physicist (Physics of Atmosphere), GS-1310-14

Allen Bailey, Electronics Engineer, GS-855-14

William Vickery, Aerospace Engineer, GS-861-14

Robert Good, Physicist (General), GS-1310-14

John Paulsen, Research Chemist, GS-1320-15

Antonio Quesada, Mathematician, GS-1520-13

Charles Gallagher, Physicist (General), GS-1310-13

Robert McInerney, Mathematician, GS-1520-13

Paul Tsipouras, Mathematician, GS-1520-13

Raymond Wilton, Electronics Engineer, GS-855-14

Lester Lowe, Physicist (Solid State), GS-1310-14

Alton Armington, Research Chemist, GS-1320-14

Donald Bedo, Physicist (Atomic and Molecular Physics), GS-1310-15

Paul Rothwell, Physicist (Nuclear Physics), GS-1310-14

Charles Philbrick, Physicist (Physics of Atmosphere), GS-1310-14

CASE NO. 1-CU-41, WITH REGARD TO THE BARGAINING UNIT REPRESENTED BY LOCAL 975, NFFE

Eugene Delpapa, Historian, GS-170-13

Robert Stanton, Industrial Engineer, GS-896-13

Clement Horrigan, Electronics Engineer, GS-855-15

Samuel Galzerano, Operations Research Analyst, GS-1515-13

Douglas Dalessio, Industrial Engineer, GS-896-13

APPENDIX B

EMPLOYEES ALLEGED TO BE MANAGEMENT OFFICIALS

CASE NO. 1-CU-40, WITH REGARD TO THE BARGAINING UNIT REPRESENTED BY LOCAL 1384, NFFE

George Vanasse, Physicist (Optics), GS-1310-15

Ann Hilton, Physical Science Administrator, GS-1301-13

Francis DelGreco, Physical Science Administrator, GS-1301-13

Alfred Kahan, Physicist (Solid State), GS-1310-15

Daniel Davies, Physicist (Solid State), GS-1310-14

Rene Cormier, Physical Science Administrator, GS-1301-14

Malcolm MacLeod, Physical Science Administrator, GS-1301-14

Ronald Podsiadlo, Physical Science Administrator, GS-1301-14

Case No. 1-CU-41, WITH REGARD TO THE BARGAINING UNIT REPRESENTED BY LOCAL 975, NFFE

Sylvia Mayer, Research Psychologist, GS-180-14

Richard L'Heureux, Industrial Engineer, GS-896-14

Warner Oesterle, Industrial Engineer, GS-896-13

Jack Segal, Electronics Engineer, GS-855-14

Albert Scansaroli, Environmental Engineer, GS-801-13

Vincent Dovydaitis, Electronics Engineer, GS-855-14

Russel Pierce, Electronics Engineer, GS-855-13

Ian Feltham, Electronics Engineer, GS-855-13

Richard O'Neil, Electronics Engineer, GS-855-13

Charles Weirman, Electronics Engineer, GS-855-13

David Calkins, Electronics Engineer, GS-855-13

James Malley, Electronics Engineer, GS-855-13

Charles Hunter, Operations Research Analyst, GS-1515-13

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

/1/ During the course of the hearings, the petitions in Case Nos. 1-CU-40, 1-CU-41 and 1-CU-42 were consolidated. At a later date, the Petitioner in Case No. 1-CU-42, with no objection from the Activity, withdrew its petition which was then severed from this proceeding.

/2/ As the brief filed by the National Federation of Federal Employees was untimely filed, it has not been considered herein.

/3/ Local 1384, National Federation of Federal Employees, was certified as the exclusive bargaining representative in a unit which was later amended to cover all professional and nonprofessional General Schedule employees of the Deputy for Electronic Technology and the Air Force Geophysics Laboratory serviced by the Central Civilian Personnel Office, Hanscom Air Force Base, Bedford, Massachusetts.

/4/ Local 975, National Federation of Federal Employees was certified as the exclusive bargaining representative for a unit of all nonsupervisory, professional General Schedule employees serviced by the Central Civilian Personnel Office, Hanscom Air Force Base, Bedford, Massachusetts excluding all General Schedule employees of the Air Force Geophysics Laboratory and the Deputy for Electronic Technology.

/5/ 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(.)

/6/ Therefore, it is unnecessary for the Authority to pass on the Activity/Petitioner's contention that McIntyre should be excluded from the unit on the ground that he is a management official and his name has not been listed in Appendix B.

/7/ Department of the Army, Headquarters, Fort Huachuca, Fort Huachuca, Arizona, 11 FLRA No. 40 (1983).

/8/ It is therefore unnecessary to pass on the Activity/Petitioner's contention that Stanton and Horrigan also should be excluded from the unit on the grounds that they are management officials, and their names have not been listed in Appendix B.

/9/ Section 7103(a)(11) 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. . . .