U.S. Department of Transportation, Office of the Secretary and American Federation of Government Employees, Local 3313 (Authority decision, June 2, 1983)

Final FLRA decision. The Authority clarified a Transportation Department bargaining unit. This appropriate unit determination is excluded from judicial review under 5 U.S.C. § 7123(a)(2).

Plain-English summary

AFGE asked whether an economist and a regulations specialist at the Transportation Department should remain in its professional bargaining unit. The department claimed they were management officials. The Authority found that they supplied expert analysis and recommendations under supervision but did not formulate or determine agency policy. It ordered both to remain in the unit. This was an original clarification petition with no Regional Director decision to review, so the outcome is recorded as other.

Decision snapshot

• Authority: Management official definition and unit clarification under 5 U.S.C. §§ 7103(a)(11) and 7111(b)(2).
• Outcome: Both disputed specialists continued in the bargaining unit.
• Key point: Expert policy advice under supervision did not make the employees management officials.

Full text (FLRA public release)

[ v12 p103 ]

12:0103(28)CU

The decision of the Authority follows:

12 FLRA No. 28

U.S. DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY OF TRANSPORTATION
Activity

and

LOCAL 3313, AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES, AFL-CIO
Labor Organization/Petitioner

Case No. 3-CU-20019

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. /1/

Upon careful consideration of the entire record, including the parties' contentions, the Authority finds: Local 3313, American Federation of Government Employees, AFL-CIO (AFGE) was certified on June 17, 1974, as the exclusive bargaining representative for a unit of all professional employees of the Activity. AFGE seeks herein to continue to include in its unit two employees, Jane Lawson, Economist GS-110-15, (Job Position No. 79-618) and Ralis Pieridies, Regulations Specialist GM-301-15, (Job Position No. 82-117) /2/ who the Activity alleges must be excluded from the unit, since they are management officials within the meaning of section 7103(a)(11) of the Statute. /3/

The record reflects that Lawson, as an economist in the Activity's Economics Studies Division, Office of Economics, is primarily responsible for analysis and development of economic data relating to transportation activities. She assists in developing action alternatives which others in the Activity's hierarchy utilize in the development and implementation of Activity policy. Pieridies is a regulations specialist on the Deepwater Port Staff, Economic Studies Division. Under the direction of a supervisor, he utilizes his civil engineering background and deepwater port regulating experience to recommend new regulations, implement existing regulations, and review legislative proposals involving deepwater ports.

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. In applying these criteria to the instant case, the Authority finds that neither Lawson nor Pieridies are management officials. Thus, while they may assist in the development and implementation of Activity policy, they are not management officials within the meaning of section 7103(a)(11) of the Statute as interpreted by the Authority in Department of the Navy. Rather, they are more akin to experts rendering useful resource information.

ORDER

IT IS HEREBY ORDERED that the unit sought to be clarified herein be, and it hereby is, clarified by continuing to include in said unit Jane Lawson, Economist, GS-110-15; and Ralis Pieridies, Regulations Specialist, GM-301-15. Issued, Washington, D.C., June 2, 1983 Barbara J. Mahone, Chairman Ronald W. Haughton, Member Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY

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

/1/ The Activity filed a motion to disqualify the hearing officer which was denied by the Authority on January 27, 1983.

/2/ AFGE amended its petition at the hearing by withdrawing from consideration by the Authority the incumbents of two other positions.

/3/ Section 7103(a)(11) 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.
. . .