Veterans Administration Medical Center, Lyons, New Jersey and American Federation of Government Employees (Authority decision, February 15, 1984)

Final FLRA representation decision. The Authority clarified the bargaining unit to exclude head nurses as supervisors. This appropriate-unit determination is excluded from the 60-day judicial-review provision by 5 U.S.C. § 7123(a)(2).

Plain-English summary

AFGE sought to include 18 head nurses at the Lyons VA Medical Center in a professional employee bargaining unit. The Authority found that the head nurses directed staff, recommended discipline and awards, and spent most of their work time supervising nursing activities. Under the statutory rule for nurses, those duties made them supervisors. The Authority excluded the head nurses from the unit. It decided this original unit clarification petition directly after a hearing, with no regional director's decision to affirm or reverse.

Decision snapshot

• Authority: Supervisor definition for nurses under 5 U.S.C. § 7103(a)(10).
• Outcome: Unit clarified to exclude head nurses.
• Key point: The head nurses' supervisory work occupied a preponderance of their employment time.

Full text (FLRA public release)

[ v14 p46 ]

14:0046(7)CU

The decision of the Authority follows:

14 FLRA No. 7

VETERANS ADMINISTRATION MEDICAL CENTER
LYONS, NEW JERSEY
Activity /1/

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
Petitioner

Case No. 2-CU-36

DECISION AND ORDER CLARIFYING UNIT

Upon an amended 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 (AFGE) was certified as the exclusive bargaining representative for a nationwide consolidated unit of professional employees of the Veterans Administration. Essentially, the amended petition seeks to clarify the status of 18 employees in the job classification of Head Nurse who AFGE contends should be included in the unit regardless of their supervisory duties since they allegedly do not devote a preponderance of their employment time to such duties. /2/

The Authority finds that the employees in the job classification of Head Nurse are supervisors within the meaning of section 7103(a)(10) of the Statute and must be excluded from the bargaining unit. Thus, the record establishes, and there is no dispute, that the Head Nurses assign and direct work, effectively recommend disciplinary actions against subordinates, and effectively recommend subordinates for awards. The Authority also finds that such duties are not merely routine or clerical in nature, but require the consistent exercise of independent judgment. Further, while the Head Nurses are also directly involved with patient care, their main responsibility is to supervise nursing activities in their units. Accordingly, the Authority finds that the Head Nurses devote a "preponderance of their employment time" to the exercise of such supervisory authority. See Veterans Administration, Washington, D.C. and Veterans Administration Medical Center Salisbury, North Carolina, 11 FLRA No. 39(1983), and Veterans Administration Medical Center, Fayetteville, North Carolina, 8 FLRA No. 115(1982).

ORDER

IT IS ORDERED that the unit sought to be clarified herein be, and it hereby is, clarified by excluding from said unit the incumbents in the job classification of Head Nurse.

Issued, Washington, D.C., February 15, 1984 Barbara J. Mahone, Chairman Ronald W. Haughton, Member Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY

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

/1/ The name of the Activity 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, except that, with respect to any unit which includes firefighters or nurses, the term 'supervisor' includes only those individuals who devote a preponderance of their employment time to exercising such authority(.)