U.S. Army Communications and Electronics Materiel Readiness Command, Fort Monmouth, New Jersey and American Federation of Government Employees, Local 1904 (Authority decision, June 16, 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 command at Fort Monmouth petitioned to exclude about 59 employees in 20 job classifications from a bargaining unit, arguing that they were supervisors. The disputed jobs included engineers, analysts, accountants, and auditors who led small teams and reviewed junior employees' work. The Authority found that they acted under their supervisors' directions and did not consistently exercise independent judgment in supervisory matters. It ordered all 20 classifications to remain in the unit. The Authority decided the petition directly, so there was no regional director decision to affirm or reverse.

Decision snapshot

• Authority: 5 U.S.C. §§ 7103(a)(10) and 7111(b)(2).
• Outcome: The 20 disputed job classifications were included in the bargaining unit.
• Key point: Routine team leadership under a supervisor's direction did not make these employees statutory supervisors.

Full text (FLRA public release)

[ v09 p101 ]

09:0101(12)CU

The decision of the Authority follows:

9 FLRA No. 12

U.S. ARMY COMMUNICATIONS AND
ELECTRONICS MATERIAL READINESS COMMAND,
FORT MONMOUTH, NEW JERSEY
Activity/Petitioner

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1904
Labor Organization

Case No. 2-CU-24

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 AUTHORITY HAS REVIEWED THE HEARING
OFFICER'S RULINGS MADE AT THE HEARING AND FINDS THAT THEY ARE FREE FROM
PREJUDICIAL ERROR. THE RULINGS ARE HEREBY AFFIRMED.

UPON THE ENTIRE RECORD, THE AUTHORITY FINDS:

THE ACTIVITY FILED A PETITION FOR CLARIFICATION OF UNIT (CU) SEEKING
TO EXCLUDE APPROXIMATELY 59 INCUMBENTS IN 20 POSITION CLASSIFICATIONS
FROM THE BARGAINING UNIT OF PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES
EXCLUSIVELY REPRESENTED BY THE AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1904 (UNION) /1/ ON THE BASIS THAT THE
INCUMBENTS OF THE POSITIONS ARE SUPERVISORS WITHIN THE MEANING OF
SECTION 7103(A)(10 OF THE STATUTE. /2/ CONVERSELY, THE UNION CONTENDS
THAT THE INCUMBENTS OF THE DISPUTED POSITIONS DO NOT PERFORM SUPERVISORY
DUTIES AND THEREFORE SHOULD CONTINUE TO BE INCLUDED IN THE BARGAINING
UNIT. THIS ISSUE IS DISCUSSED BELOW.

JOB NOS. 790554, 559, 560, 30, 76-1055, AND 80-695, ELECTRONICS
ENGINEER, GS-855-13; JOB NO. 79-555, MECHANICAL ENGINEER, GS-830-13;
JOB NOS. 79-556, 557, AND 558, GENERAL ENGINEER, GS-801-13

THE INCUMBENTS SERVE UNDER SUPERVISORS IN VARIOUS ORGANIZATIONAL
LOCATIONS AT THE ACTIVITY. THEY ACT AS SPOKESMEN AT BRIEFINGS FOR
ASSIGNED PROGRAM AREAS, AND PRESENT THE ACTIVITY'S POSITION AS
FORMULATED BY HIGHER AUTHORITY. THEY ACT AS TEAM LEADERS OF LOWER
GRADED ENGINEERS AND TECHNICIANS, DISTRIBUTING AND REVIEWING THEIR WORK
IN ASSIGNED PROGRAM AREAS INVOLVING ISSUES RELATING TO ACCEPTABILITY OF
PRODUCTION SCHEDULES AND SOLUTIONS TO TECHNICAL PROBLEMS.

JOB NO. 73-499, COMPUTER SYSTEMS ANALYST, GS-334-13

THE INCUMBENT IS GENERALLY SUPERVISED BY THE CHIEF, SYSTEMS CONTROL
INTEGRATIONS CONTROL BRANCH, CONCERNING LONG RANGE OBJECTIVES. UNDER
DIRECTION OF THE CHIEF, HE COORDINATES THE IMPLEMENTATION AND
INTEGRATION OF AUTOMATIC DATA PROCESSING SYSTEMS AND THE PROGRAMMING AND
INTEGRATION THAT RESULT FROM THE ACQUISITION OF NEW OR ADDITIONAL
AUTOMATIC DATA PROCESSING EQUIPMENT SYSTEMS. AS TEAM LEADER OF SEVERAL
COMPUTER PROGRAMMERS, THE INCUMBENT DISTRIBUTES AND REVIEWS THEIR WORK.

JOB NO. 76-161, OPERATIONS RESEARCH ANALYST, GS-1515-13; JOB NO.
77-1252, PLANNING OFFICER, GS-301-13

THE INCUMBENTS IN THE ABOVE POSITIONS GENERALLY RECEIVE ASSIGNMENTS
FROM THE TEAM CHIEF OR OFFICE CHIEF WITH RESPECT TO REPRESENTING THEIR
VARIOUS SECTIONS AT MEETINGS AND CONFERENCES WITH OTHER SECTIONS,
PRESENTING AND JUSTIFYING THEIR SECTION'S POINT OF VIEW, OR DISCUSSING
MUTUAL PROBLEMS. THEY PREPARE INTERNAL REPORTS AND PRESENTATIONS, AND,
WITHIN DESIGNATED GUIDELINES, CONTRIBUTE TO PUBLICATIONS SETTING FORTH
THE RESULTS OF SYSTEMS STUDIES. THEY ACT AS TEAM LEADERS OF TWO OR
THREE LOWER GRADED RESEARCH ANALYSTS OR ENGINEERS.

JOB NOS. 77-1571, AND 1572, MANAGEMENT ANALYST, GS-343-13; JOB NO.
78-122, PROGRAM ANALYST, GS-345-13; JOB NO. 78-247A MANAGEMENT ANALYST,
GS-343-13

AMONG OTHER THINGS, THESE INCUMBENTS COORDINATE THE ACTIVITIES OF A
GROUP OF MORE JUNIOR EMPLOYEES ENGAGED IN IMPLEMENTING THE DEPARTMENT OF
THE ARMY'S ECONOMIC ANALYSIS AND THE ACTIVITY'S MANAGEMENT ANALYSIS
PROGRAMS. THEY RECOMMEND POLICIES AND PROCEDURES TO IMPROVE OPERATIONS
IN ASSIGNED AREAS, WHICH RECOMMENDATIONS ARE REVIEWED BY THEIR
SUPERVISOR FOR SOUNDNESS AND OVERALL ATTAINMENT OF GOALS.

JOB NO. 79-344, SYSTEMS ACCOUNTANT, GS-510-13; JOB NOS. 79-825, AND
826, AUDITOR, GS-510-13

AMONG OTHER THINGS, THESE INCUMBENTS LEAD SMALL TEAMS OF ACCOUNTING
PERSONNEL ENGAGED IN PERFORMING A VARIETY OF SYSTEMS AND STAFF
ACCOUNTING DUTIES INCLUDING SPECIAL STUDIES AND AUDITS, ESTABLISHMENT OR
REVISIONS OF POLICIES AND PROCEDURES, AND DEVELOPMENT AND MODIFICATION
OF ACCOUNTING SYSTEMS. SUCH DUTIES ARE ASSIGNED TO THE INCUMBENTS BY
THEIR SUPERVISORS, WHO OUTLINE AND INDICATE AREAS TO BE STUDIED AND THE
EXPECTED OBJECTIVES TO BE ACHIEVED.

THE ACTIVITY ASSERTS THAT ALL OF THE INCUMBENTS ARE SUPERVISORS, IN
THAT THEY ARE LEADERS OF SUBORDINATE EMPLOYEES, ARE RESPONSIBLE FOR
ASSIGNING AND REVIEWING THEIR WORK, RECOMMENDING APPROVAL OF LEAVE
REQUESTS, AND RECOMMENDING REWARDS FOR WORK PERFORMANCE. THE RECORD
INDICATES, HOWEVER, THAT THE INCUMBENTS, IN PERFORMING SUCH FUNCTIONS,
DO SO ONLY ON ORDERS FROM THEIR SUPERVISORS, AND THAT ANY DIRECTING OR
REVIEWING OF JUNIOR EMPLOYEES' WORK IS FOR THE PURPOSE OF EFFECTUATING
THE ORDERS OF THEIR SUPERVISORS. ALL OF THE INCUMBENTS, WHEN NOT SO
ENGAGED, PERFORM FUNCTIONS SUBSTANTIALLY IDENTICAL TO THOSE THEY "LEAD."

THE AUTHORITY CONCLUDES THAT THE INCUMBENTS IN THE ABOVE POSITIONS
ARE NOT SUPERVISORS WITHIN THE MEANING OF THE STATUTE. RATHER, THEIR
STATUS IN RELATION TO THE OTHER EMPLOYEES WITH WHOM THEY WORK IS MERELY
THAT OF A MORE SENIOR AND EXPERIENCED EMPLOYEE VIS-A-VIS JUNIOR AND LESS
EXPERIENCED EMPLOYEES. IN THIS REGARD, TO THE EXTENT THAT THE LEADERS
MAY HAVE ANY RESPONSIBILITY FOR ASSIGNING WORK TO THE OTHER EMPLOYEES
AND DIRECTING THEM IN THE PERFORMANCE OF SUCH WORK, THE EXERCISE OF
THOSE RESPONSIBILITIES IS MERELY ROUTINE IN NATURE AND DOES NOT REQUIRE
THE CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT. MOREOVER, WHILE AN
OCCASIONAL RECOMMENDATION FOR WORK PERFORMANCE AWARD HAS BEEN MADE,
THE
RECORD DOES NOT ESTABLISH THAT SUCH RECOMMENDED ACTION HAS BEEN
EFFECTIVE OR HAD INVOLVED THE CONSISTENT EXERCISE OF INDEPENDENT
JUDGMENT. ACCORDINGLY, AND INASMUCH AS THERE IS NO EVIDENCE THAT THE
INCUMBENT OF ANY DISPUTED POSITION EXERCISES ANY OTHER INDICIA OF
SUPERVISORY AUTHORITY, THE AUTHORITY SHALL ORDER THAT THE INCUMBENTS IN
THESE JOB CLASSIFICATIONS REMAIN IN THE BARGAINING UNIT.

ORDER

IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED, IN WHICH
THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1904,
WAS ORIGINALLY CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE ON DECEMBER 31,
1979, BE, AND IT HEREBY IS, CLARIFIED BY INCLUDING IN SAID UNIT THE
FOLLOWING POSITIONS: JOB NOS. 79-554, ELECTRONICS ENGINEER, GS-855-13;
79-555, MECHANICAL ENGINEER, GS-830-13; 79-556, GENERAL ENGINEER,
GS-801-13; 79-557, GENERAL ENGINEER, GS-801-13; 79-558, GENERAL
ENGINEER, GS-801-13; 79-559, ELECTRONICS ENGINEER, GS-855-13; 79-560,
ELECTRONICS ENGINEER, GS-855-13; 73-499, COMPUTER SYSTEMS ANALYST,
GS-334-13; 76-1055, ELECTRONICS ENGINEER, GS-855-13; 76-161,
OPERATIONS RESEARCH ANALYST, GS-1515-13; 77-1252, PLANNING OFFICER,
GS-301-13; 79-30, ELECTRONICS ENGINEER, GS-855-13; 77-1571, MANAGEMENT
ANALYST, GS-343-13; 77-1572, MANAGEMENT ANALYST, GS-343-13; 78-122,
PROGRAM ANALYST, GS-345-13; 78-247A, MANAGEMENT ANALYST, GS-343-13;
79-344, SYSTEMS ACCOUNTANT, GS-510-13; 79-825, AUDITOR, GS-510-13;
79-826, AUDITOR, GS-510-13; AND 80-695, ELECTRONICS ENGINEER,
GS-855-13.

ISSUED, WASHINGTON, D.C., JUNE 16, 1982

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY

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

/1/ THE UNION WAS CERTIFIED BY THE AUTHORITY AS THE EXCLUSIVE
REPRESENTATIVE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION ON DECEMBER 31,
1979, IN A UNIT DESCRIBED AS FOLLOWS:

ALL PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES IN THE U.S. ARMY,
COMMUNICATIONS AND

ELECTRONICS MATERIAL READINESS COMMAND, LOCATED AT FORT MONMOUTH, NEW
JERSEY, EXCLUDING

FIREFIGHTERS, GUARDS, NONAPPROPRIATED FUND EMPLOYEES, MANAGEMENT
OFFICIALS, SUPERVISORS, AND

EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY
CLERICAL CAPACITY.

/2/ SECTION 7103(A)(10) DEFINES "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(.)