Naval Air Propulsion Center and American Federation of Government Employees, Local 3673 (Authority decision, June 20, 1983)

Final FLRA decision. The Authority dismissed this original unit clarification petition after finding the employees belonged in the existing unit. Section 7123(a)(2) excludes orders involving appropriate unit determinations under 5 U.S.C. § 7112 from the ordinary 60-day judicial review provision.

Plain-English summary

The Naval Air Propulsion Center asked to remove 28 employees from a bargaining unit as supervisors or management officials. The Authority found their occasional work direction routine and their technical policy work advisory rather than policy making. It held they remained eligible for the unit and dismissed the petition. This was an original Authority clarification petition with no Regional Director ruling to review.

Decision snapshot

• Authority: Supervisor and management official exclusions under 5 U.S.C. § 7103(a)(10) and (11).
• Outcome: Petition dismissed; the employees remained in the bargaining unit.
• Key point: Routine work direction and technical expertise did not make the employees supervisors or management officials.

Full text (FLRA public release)

[ v12 p231 ]

12:0231(52)CU

The decision of the Authority follows:

12 FLRA No. 52

NAVAL AIR PROPULSION CENTER
Activity/Petitioner

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3673, AFL-CIO
Labor Organization

Case No. 2-CU-37

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, Local 3673, AFL-CIO (AFGE) was certified in May 1979, as the exclusive representative for a unit of all general schedule employees of the Naval Air Propulsion Center. Essentially, the petition, as amended at the hearing, seeks to clarify the bargaining unit status of the 28 employees listed in the Appendix, seeking their exclusion on the basis that either they are supervisors or management officials. /1/ SUPERVISORS

In disagreement with the Activity/Petitioner, the Authority finds that the incumbents listed in the Appendix are not supervisors within the meaning of section 7103(a)(10) of the Statute. /2/ Thus, the record establishes that although these incumbents may, on occasion, direct or assign work to subordinates, such functions are routine in nature and do not require the consistent exercise of independent judgment. Nor do these incumbents exercise any of the other statutory indicia of supervisory authority. Accordingly, the Authority concludes that they are not supervisors and should remain in the unit. MANAGEMENT OFFICIALS
/3/

The Activity/Petitioner also contends that the employees listed in the Appendix are management officials and must be excluded from the unit on that basis. In the lead case of Department of the Navy, Automatic Data Processing Selection Office, 7 FLRA No. 24 (1981), the Authority interpreted the statutory definition of "management official" to include those individuals who: (1) create, establish or prescribe general principles, plans, or courses of action for an agency; (2) decide upon or settle upon general principles, plans or courses of action for an agency; or (3) bring about or obtain a result as to the adoption of general principles, plans or courses of action for an agency. Applying these criteria to the instant case, the Authority finds that these incumbents are highly trained professionals those actions assist in implementing, as opposed to shaping, the Activity's policies. They currently do not exercise duties and responsibilities which require or authorize them to formulate, determine, or influence the policies of the Activity within the meaning of section 7103(a)(11) of the Statute, as interpreted by the Authority. See U.S. Army Engineer Topographic Laboratories, Fort Belvoir, Virginia, 10 FLRA No. 26 (1982). Accordingly, the Authority finds that they are not management officials and thus should remain in the unit.

ORDER

IT IS ORDERED that the petition in Case No. 2 CU-37, be, and it hereby is, dismissed in its entirety. Issued, Washington, D.C., June 20, 1983 Barbara J. Mahone, Chairman Ronald W. Haughton, Member Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY

APPENDIX

Employees Alleged To Be Supervisors, and/or Management Officials

Barrie Barclay, Aerospace Engineer, GS-861-13, PN 2296

Joseph Bednarski, Aerospace Engineer, GS-861-13, PN 1913

Joseph Boytos, Aerospace Engineer, GS-861-13, PN 1913.3

Donald Brunda, Aerospace Engineer, GS-861-13, PN 1966

Robert P. Burns, Aerospace Engineer, GS-861-13, PN 1930

Roma Dejneka, Aerospace Engineer, GS-861-13, PN 1913.1

Robert Dobrowolski, Aerospace Engineer, GS-861-13, PN 2295

Salvatore Fiorello, Aerospace Engineer, GS-861-13, PN 1919.1

Theodore Gensel, Mechanical Engineer, GS-830-13, PN 20002

R. Harrer, Aerospace Engineer, GS-861-13, PN 2332

Charles Houck, Jr., Aerospace Engineer, GS-861-13, PN 1931

Francis L. Husted, Aerospace Engineer, GS-861-13, PN 1929

Peter Karpovich, Aerospace Engineer, GS-861-13, PN 2342

Anthony F. Klarman, Chemist, GS-1320-13, PN 2149

Alexander Kush, Aerospace Engineer, GS-861-13, PN 1913.2

Richard J. Lynch, Aerospace Engineer, GS-861-13, PN 0028

John Malriat, Aerospace Engineer, GS-861-13, PN 2280

Gaetan Mangano, Aerospace Engineer, GS-861-13, PN 2034

Pasqale J. Mangione, Aerospace Engineer, GS-861-13, PN 2012

John L. Palcza, Aerospace Engineer, GS-861-13, PN 2071

Anthony Petruccione, Aerospace Engineer, GS-861-13, PN 1918.1

James W. Phillips, Aerospace Engineer, GS-861-13, PN 1919

Paul Piscopo, Aerospace Engineer, GS-861-13, PN 2335

William A. Rich, Aerospace Engineer, GS-861-13, PN 1981

Edward Stawski, Aerospace Engineer, GS-861-13, PN 1913.4

Raymond Valori, Aerospace Engineer, GS-861-13, PN 2027

Dennis A. Wysocki, Aerospace Engineer, GS-861-13, PN 2215

Clarence Nowack, Chemist, GS-861-14, PN 2377

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

/1/ Two of the positions originally in dispute were vacant at the time of the hearing: Aerospace Engineer, GS-861-13, P.M. 1974A1, and Mechanical Engineer, GS-830-13, P.N. 2389. The Authority will not make eligibility determinations for vacant positions. U.S. Army Materials and Mechanics Research Center, 11 FLRA No. 46 (1983). Accordingly, the Authority shall order that the petition be dismissed to the extent that it seeks to clarify the unit eligibility of these positions.

/2/ Section 7103(a)(10) 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. . . .

/3/ Section 7103(a)(11) of the Statute defines a "management official" as:

. . . an individual employed by an agency in a position, the duties and responsibilities of which require or authorize the individual to formulate, determine, or influence the policies of the agency . . .