VA Medical Center, Bronx and AFGE Local 1168 (Authority decision, September 30, 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 1168 asked whether supply clerk William Green belonged in the Bronx VA bargaining unit despite a supervisory job title. The Authority found that his assignment and direction of work had been routine and did not require independent judgment. It kept him in the unit. The Authority decided this original petition itself, with no regional director ruling to review.

Decision snapshot

• Authority: 5 U.S.C. § 7103(a)(10).
• Outcome: William Green included in the unit.
• Key point: A supervisory title alone did not meet the statutory test for supervisor.

Full text (FLRA public release)

[ v10 p301 ]

10:0301(55)CU

The decision of the Authority follows:

10 FLRA No. 55

VETERANS ADMINISTRATION MEDICAL
CENTER, BRONX, NEW YORK
Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1168, AFL-CIO
Petitioner

Case No. 2-CU-33

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, LOCAL 1168, AFL-CIO (AFGE) WAS RECOGNIZED ON
JANUARY 7, 1963, AS THE EXCLUSIVE BARGAINING REPRESENTATIVE FOR A UNIT
OF ALL FULL-TIME AND PART-TIME PERMANENT NONPROFESSIONAL EMPLOYEES ON
THE PAYROLL OF THE HOSPITAL. ESSENTIALLY, THE AFGE'S PETITION SEEKS TO
CLARIFY THE STATUS OF WILLIAM GREEN, SUPERVISORY SUPPLY CLERK,
GS-2005-05, WHO THE ACTIVITY CONTENDS SHOULD BE EXCLUDED FROM THE
BARGAINING UNIT ON THE GROUNDS THAT HE IS A SUPERVISOR.

THE AUTHORITY FINDS, IN AGREEMENT WITH THE AFGE THAT WILLIAM GREEN,
SUPERVISORY SUPPLY CLERK, GS-2005-05, IS NOT A SUPERVISOR WITHIN THE
MEANING OF SECTION 7103(A)(10) OF THE STATUTE. /1/ THUS, THE RECORD
ESTABLISHES THAT ALTHOUGH THE INCUMBENT MAY HAVE SOME RESPONSIBILITY FOR
ASSIGNING WORK TO CERTAIN EMPLOYEES AND DIRECTING THEM IN THE
PERFORMANCE OF THAT WORK, SUCH FUNCTIONS TO DATE HAVE BEEN ROUTINE IN
NATURE AND DO NOT REQUIRE THE CONSISTENT EXERCISE OF INDEPENDENT
JUDGMENT. /2/ NOR DOES THE INCUMBENT EXERCISE ANY OF THE OTHER
STATUTORY INDICIA OF SUPERVISORY AUTHORITY. ACCORDINGLY, THE AUTHORITY
FINDS THAT WILLIAM GREEN, SUPERVISORY SUPPLY CLERK, GS-2005-05, SHOULD
REMAIN IN THE BARGAINING UNIT.

ORDER

IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED HEREIN BE,
AND IT HEREBY IS, CLARIFIED BY INCLUDING IN SAID UNIT, WILLIAM GREEN,
SUPERVISORY SUPPLY CLERK, GS-2005-05.

ISSUED, WASHINGTON, D.C., SEPTEMBER 30, 1982

RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY

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

/1/ SECTION 7103(A(10) OF THE STATUTE 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. . . .

/2/ THE INCUMBENT, WHO HAS HELD THIS POSITION FOR ONLY FIVE MONTHS AT
THE TIME OF THE HEARING, TESTIFIED THAT AS HE WAS NEW TO THIS AREA AND
SINCE THE EMPLOYEES THERE WERE MUCH MORE EXPERIENCED THAN HE, THERE WAS
LITTLE SUPERVISION THAT HE COULD GIVE THEM.