Maine Air National Guard and AFGE Local 3013 (Authority decision, November 19, 1982)

Final FLRA representation decision. The Authority resolves an original petition concerning a bargaining unit under 5 U.S.C. §§ 7111 and 7112. The matter involves an appropriate-unit determination; 5 U.S.C. § 7123(a)(2) excludes such orders from the ordinary 60-day court of appeals review provision.

Plain-English summary

AFGE Local 3013 sought to include two small shop chiefs in its bargaining unit. The Authority found that Leonard Lawson assigned and directed work and effectively recommended a hire using independent judgment, making him a supervisor who must be excluded. Edward St. Heart exercised none of the statutory supervisory powers, so he remained in the unit. This was an original unit petition decided by the Authority, with no regional director decision to review.

Decision snapshot

• Authority: 5 U.S.C. § 7103(a)(10).
• Outcome: Lawson excluded from the unit; St. Heart included.
• Key point: Job titles did not decide supervisory status; actual authority did.

Full text (FLRA public release)

[ v10 p505 ]

10:0505(87)CU

The decision of the Authority follows:

10 FLRA No. 87

NATIONAL GUARD BUREAU
MAINE AIR NATIONAL GUARD
CAMP KEYES
AUGUSTA, MAINE
Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 3013 /1/
Labor Organization/Petitioner

Case No. 1-CU-51

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 AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 3013 (AFGE) WAS CERTIFIED ON
SEPTEMBER 7, 1979, AS THE EXCLUSIVE BARGAINING REPRESENTATIVE FOR A UNIT
OF ALL WAGE GRADE AND GENERAL SCHEDULE CIVILIAN EMPLOYEES OF THE MAINE
AIR NATIONAL GUARD, LOCATED AT BANGOR INTERNATIONAL AIRPORT AND SOUTH
PORTLAND, MAINE. THE PETITIONER CONTENDS THAT LEONARD A. LAWSON,
NONDESTRUCTIVE TESTOR, WG-5439-11 AND EDWARD J. ST. HEART, JR., AIRCRAFT
ELECTRICIAN, WG-2892-11 (BOTH OF WHOM ARE CHARACTERIZED AS SMALL SHOP
CHIEFS) ARE NOT SUPERVISORS AND SHOULD BE INCLUDED IN THE BARGAINING
UNIT. /2/ THE ACTIVITY DISAGREES. THE RECORD ESTABLISHES THAT LAWSON
ASSIGNS AND DIRECTS WORK AND HAS EFFECTIVELY RECOMMENDED THE HIRING OF A
SUBORDINATE. 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, LAWSON IS A SUPERVISOR
WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE STATUTE AND SHALL BE
EXCLUDED FROM THE UNIT.

THE AUTHORITY FURTHER CONCLUDES THAT ST. HEART IS NOT A SUPERVISOR
WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE STATUTE, AS THE RECORD
INDICATES THAT HE DOES NOT EXERCISE ANY OF THE STATUTORY INDICIA OF
SUPERVISORY AUTHORITY. ACCORDINGLY, HE SHALL REMAIN IN THE UNIT.

ORDER

IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED HEREIN BE,
AND HEREBY IS, CLARIFIED BY EXCLUDING FROM SAID UNIT LEONARD A. LAWSON,
NONDESTRUCTIVE TESTOR, WG-5439-11, AND BY INCLUDING IN SAID UNIT EDWARD
J. ST. HEART, JR., AIRCRAFT ELECTRICIAN, WG-2892-11.

ISSUED, WASHINGTON, D.C., NOVEMBER 19, 1982

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY

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

/1/ THE NAME OF THE LABOR ORGANIZATION/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. . . .