Veterans Administration Medical Center, Bronx, New York and American Federation of Government Employees (Authority decision, June 8, 1984)

Final FLRA representation decision. The Authority clarified a bargaining unit by excluding employees in six supervisory job classifications and dismissed the request concerning a vacant classification. The order involves an appropriate-unit determination under 5 U.S.C. § 7112. Section 7123(a)(2) excludes such an Authority order from the 60-day judicial-review provision in 5 U.S.C. § 7123(a).

Plain-English summary

AFGE sought to clarify the bargaining-unit status of about 11 employees at the Bronx VA Medical Center. The Authority found that incumbents in six disputed job classifications assigned and directed work or effectively recommended personnel actions using independent judgment. It excluded those incumbents as supervisors under the statute. The Authority declined to decide the eligibility of a vacant supervisory program clerk position and dismissed that part of the petition. The outcome is other because this was an original unit clarification petition, with no Regional Director decision under review.

Decision snapshot

• Authority: Supervisor definition under 5 U.S.C. § 7103(a)(10).
• Outcome: Six classifications excluded from the unit; vacant-position request dismissed.
• Key point: Consistent independent judgment in directing work and recommending personnel actions made the incumbents supervisors.

Full text (FLRA public release)

[ v15 p57 ]

15:0057(13)CU

The decision of the Authority follows:

15 FLRA No. 13

VETERANS ADMINISTRATION MEDICAL CENTER
BRONX, NEW YORK
Activity

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES AFL-CIO Petitioner

Case No. 2-CU-30007

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 American Federation of Government Employees, (AFGE) was certified as the exclusive representative for a consolidated unit of all non-professional employees, full-time, part-time, and temporary of the Veterans Administration. Essentially, the petition herein seeks to clarify the bargaining unit status of approximately 11 employees. /1/

The Activity contends that the incumbents in the following job classifications are supervisors within the meaning of section 7103(a)(10) of the Statute, /2/ and should be excluded from the unit: Medical Administration Specialist, GS-301-09; Supervisory Medical Clerk, GS-679-07; Supervisory Medical Clerk, GS-679-06; Supervisory Correspondence Clerk, GS-309-06; Supervisory File Clerk, GS-305-05; and Supervisory Mail Clerk, GS-305-05. Of these, the record establishes that the incumbent in the job classification of Medical Administration Specialist, GS-301-09 assigns and directs work, and has effectively recommended the hiring and removal of, and promotions and discipline for subordinates; that the incumbents in the job classification of Supervisory Medical Clerk, GS-679-07 assign and direct work, and have effectively recommended discipline for subordinates; that the incumbents in the job classification of Supervisory Medical Clerk, GS-679-06 assign and direct work, have effectively recommended the hiring and removal of, and promotions, discipline and awards for subordinates, and have adjusted grievances of subordinates; that the incumbent in the job classification of Supervisory Correspondence Clerk, GS-309-06 assigns and directs work, has effectively recommended promotions and discipline for subordinates, and has adjusted grievances of subordinates; that the incumbent in the job classification of Supervisory File Clerk, GS-305-05 assigns and directs work, and has effectively recommended hiring of and discipline for subordinates; and that the incumbent in the job classification of Supervisory Mail Clerk, GS-305-05 assigns and directs work and has effectively recommended promotions 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 incumbents in the job classifications listed above are supervisors within the meaning of section 7103(a)(10) of the Statute and shall be excluded from the unit.

ORDER

IT IS ORDERED that the unit sought to be clarified herein is hereby clarified by excluding from said unit the employees in the following job classifications: Medical Administration Specialist, GS-301-09; Supervisory Medical Clerk, GS-679-07; Supervisory Medical Clerk, GS-679-06; Supervisory Correspondence Clerk, GS-309-06; Supervisory File Clerk, GS-305-05; and Supervisory Mail Clerk, GS-305-05.

IT IS FURTHER ORDERED that with regard to the job classification of Supervisory Program Clerk, GS-303-07, sought to be excluded herein, the petition be, and it hereby is, dismissed.

Issued, Washington, D.C., June 8, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY

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

/1/ During the course of the hearing the parties stipulated that certain employees were not supervisors and should be included in the unit. The Authority deems such stipulations to be motions to amend the petition which are hereby granted.

Further, one of the positions in dispute was stipulated by the parties to be vacant: Supervisory Program Clerk, GS-303-07. The Authority will not make eligibility determinations for vacant positions. U.S. Army Materials and Mechanics Research Center, 11 FLRA No. 46 (1983) at n. 3. Accordingly, the Authority shall order that the petition be dismissed to the extent that it seeks to clarify the unit eligibility of this position.

/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(.)