Agency for International Development and American Federation of Government Employees, Local 1534 (Authority decision, September 27, 1983)

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

Plain-English summary

The Agency for International Development and AFGE Local 1534 jointly sought a unit clarification involving many professional positions. The Authority found that the listed employees implemented policy but did not shape it and that the record did not establish supervisory authority. It kept those positions in the bargaining unit and updated the unit’s exclusion language to match the statute and the absence of guards. The outcome is classified as other because this was an original unit petition, not review of a Regional Director decision.

Decision snapshot

• Authority: 5 U.S.C. § 7103(a)(10).
• Outcome: Petition to exclude listed employees dismissed; unit description amended.
• Key point: Expert professional work did not by itself establish management official or supervisory status.

Full text (FLRA public release)

[ v13 p100 ]

13:0100(26)CU

The decision of the Authority follows:

13 FLRA No. 26

AGENCY FOR INTERNATIONAL
DEVELOPMENT
Activity/Joint Petitioner

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1534, AFL-CIO
Labor Organization/Joint
Petitioner

Case No. 3-CU-94

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 consideration of the entire record, including the parties' contentions, the Authority finds: On March 6, 1972, the American Federation of Government Employees, AFL-CIO (AFGE) was certified as the exclusive representative in an agency-wide unit of all professional and nonprofessional general schedule and wage grade employees, administratively determined (AD) employees and student aides employed by the Agency for International Development (Activity). Essentially, the petition, filed jointly by the Activity and AFGE Local 1534, seeks to clarify the bargaining unit by excluding approximately 113 individuals in various job classifications based on the Activity's contention that they are management officials and, further, that some of them are also supervisors. /1/ Additionally, in their joint petition, the parties seek to clarify the existing unit certification to omit the exclusion of guards on the basis that guards are no longer employed by the Activity, and to amend the description of exclusions from the certified unit to conform with the provisions of section 7112(b) of the Statute.

The attached Appendix contains a list of those job classifications the incumbents of which are claimed by the Activity/Petitioner to be management officials. /2/ 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 the incumbents listed in the Appendix are professionals whose actions assist in implementing, as opposed to shaping, the Activity's policies. Thus, the record establishes that these incumbents are not management officials in that they do not exercise any duties or 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. The Activity/Petitioner also claims that some unspecified individuals listed in the Appendix should be excluded from the unit on the basis that they are supervisors. /3/ However, the record fails to establish that any of the employees listed in the Appendix exercises any of the statutory indicia of supervisory authority so as to require their exclusion from the bargaining unit. Based on the foregoing, the Authority finds that the employees listed in the Appendix are neither management officials nor supervisors within the meaning of the Statute and therefore should not be excluded from the bargaining unit.

Additionally, as indicated above, the parties are also seeking to amend the unit description so as to omit the specific reference to guards in the unit exclusions and to conform the exclusionary language to section 7112(b) of the Statute. Noting that the proposed amendment of the unit description is consistent with the exclusions from recognized units set forth in the Statute and accurately reflects the absence of any guards employed by the Activity, and in view of the parties' agreement as to such matters, the Authority shall order that the description of the unit herein be amended pursuant to the parties' joint request. /4/

ORDER

IT IS ORDERED that the unit sought to be clarified be, and it hereby is, clarified by including in said unit those employees listed in the Appendix.

IT IS FURTHER ORDERED that, with regard to the other job classifications sought to be excluded herein, the petition be, and it hereby is, dismissed.

IT IS FURTHER ORDERED that the unit sought to be amended herein, for which the American Federation of Government Employees, AFL-CIO was certified on March 6, 1973, be amended to read as follows:

Included: All professional and nonprofessional general schedule and wage grade employees, administratively determined employees (AD) and student aides employed by the Agency for International Development, agencywide.

Excluded: All supervisors, management officials, employees engaged in Federal personnel work in other than a purely clerical capacity, employees primarily engaged in investigation or audit functions relating to the work of individuals employed by the agency whose duties directly affect the internal security of the agency, and Foreign Service employees.

Issued, Washington, D.C., September 27, 1983 Barbara J. Mahone, Chairman Ronald W. Haughton, Member Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY

APPENDIX

Job Classifications of Incumbents Alleged To Be Management Officials or Supervisors

(1) Agricultural Economist, GS-11094-14 (PD #09638; Inc. Johnson, William F.)

(2) Agricultural Economist, GS-110-14 (PD # 09660; Inc. Oweis, Jiryis S.)

(3) Legislative Program Specialist, GS-301-13 (PD # 50087; Inc. O'Sullivan, L. Marianne E.)

(4) Legislative Program Specialist, GS-301-13 (PD # 50087; Inc. Kakesako, Susan M.S.)

(5) Program Analyst, GS-345-13 (PD # 13834; Inc. Thompson, Faye R.)

(6) Program Analyst, GS-345-13 (PD # 13846; Inc. Poe, Karen M.)

(7) International Cooperation Specialist, GS-0136-15 (PD # 13888; Inc. Becker, Mary L.)

(8) International Cooperation Specialist, GS-0136-14 (PD # 13891; Inc. Sherry, Jerome E.)

(9) Financial Economist, GS-110-14 (PD # 13890; Inc. Lieberson, Joseph M.)

(10) Social Science Analyst, GS-101-14 (PD # 13793; Inc. Bloom, Abby L.)

(11) Program Analyst, GS-0345-14 (PD # 13677; Inc. Lijewski, Edward J.)

(12) Agriculture Economist, GS-0101-14 (PD # 13902; Inc. Simmons, Emmy L.)

(13) Economist, GS-110-14 (PD # 13662; Inc. Wolgin, Jerome M.)

(14) Social Science Analyst, GS-1101-14 (PD # 13665; Inc. Zak, Marilyn, A.)

(15) Program Analyst, GS-345-14 (PD # 13815; Inc. Vreeland, Mildred C.)

(16) International Cooperation Specialist, GS-136-14 (PD # 31033; Inc. Mulligan, Paul F.)

(17) International Cooperation Specialist, GS-136-14 (PD # 31033; Inc. Mercker, Albert E., Jr.)

(18) International Cooperation Specialist, GS-136-14 (PD # 31033; Inc. Durnan, James J., Jr.)

(19) International Cooperation Specialist, GS-136-14 (PD # 31033; Inc. Frazier, Gladys M.)

(20) Physical Scientist, GS-1301-13, (PD # 13104; Inc. Krumpe, Paul F.)

(21) International Education Specialist, GS-1701-14 (PD # 70346; Inc. Meyer, Anthony J.)

(22) Program Analyst, GS-345-14 (PD # 70542; Inc. Roche, Elizabeth P.)

(23) Technical Information Specialist, GS-1412-13 (PD # 70447; Inc. Lawrence, Earle, G.)

(24) Project Analyst, GS-345-13 (PD # 70787; Inc. Danart, Arthur H.)

(25) Business and Industry Technologist, GS-1101-14 (PD # 70337; Inc. Moeller, Roger D.)

(26) Environmental Protection Specialist, GS-028-14 (PD # 70744; Inc. Kux, Mary B.)

(27) Nutrition Advisor, GS-601-15 (PD # 70797; Inc. Kahn, Samuel G.)

(28) Agriculturist, GS-0401-14 (PD # 70706; Inc. Collier, Carroll Wayne)

(29) General Engineer, GS-801-14 (PD # 70775; Inc. Stearns, Palmer Newcombe)

(30) Contract Specialist, GS-1102-13 (PD # 50760; Inc. Kelly, James M.; Johnson, Judith D.)

(31) Contract Specialist, GS-1102-14 (PD # 50790; Inc. Walker, Vincent H.)

(32) Contract Specialist, GS-1102-13 (PD # 50792; Inc. Casteel, Philip O.; Cordero, Elizabeth A.)

(33) Contract Specialist, GS-1102-13 (PD # 50789; Inc. McClellan, Ransom F. Jr.; Eldridge, Carolyn R.; Lewis, Doris W.)

(34) Agriculturist, GS-0401-14 (PD # 58742; Inc. Malcolm, John L.)

(35) International Trade Specialist, GS-1140-13 (PD # 50270; Inc. O'Hare, Kathleen J.)

(36) International Trade Specialist, GS-1140-13; (PD # 50274; Inc. McAllister, Michael P.)

(37) Traffic Management Specialist, GS-2130-14 (PD # 50287; Inc. Eggan, Frederick M.)

(38) Industrial Trade Specialist, GS-1140-13 (PD # 50293; Inc. Ullman, Wilmer A.; Frame, William M.; Green, Robert C.)

(39) Program Analyst, GS-345-14 (PD # 30805; Inc. Bacic, Alexis G.)

(40) Program Analyst, GS-345-14 (PD # 30786; Inc. Romano, Peter J.)

(41) International Cooperation Specialist, GS-136-13 (PD # 4839; Inc. Burns, Richard P.)

(42) International Cooperation Specialist, GS-136-13 (PD # 4843; Inc. Miller, Gerald D.)

(43) International Cooperation Specialist, GS-136-13 (PD # 10937; Inc. Eney, Richard H.)

(44) International Cooperation Specialist, GS-136-13 (PD # 11091; Inc. Johnson, Frances B.; PD # 10927; Inc. John, Yvonne J.; PD #11097; Inc. Werlin, Louise Hillson)

(45) Financial Analyst, GS-1160-13 (PD # 40415; Inc. Zivandinovich, George)

(46) International Cooperation Specialist, GS-0136-13 (PD # 40769; Inc. Manley, James W.)

(47) Computer Systems Analyst, GS-334-13 (PD # 47727; Inc. Renz, Steven F.; Wiseman, Michael W.; Thompson, Clinton)

(48) Computer Systems Analyst; GS-334-13 (PD # 47728; Inc. Miller, Ronald V.; Van Vechten, Wayne H.; Nichols, Stuart Carter; Livesay, Lawrence E.)

(49) Computer Systems Analyst; GS-334-13 (PD # 47729; Inc. Anderson, William J.)

(50) Computer Specialist, GS-334-13 (PD # 47765; Inc. Jackson, James Arthur)

(51) Supervisory Computer Specialist, GS-334-14 (PD # 47759; Inc. Buzzard, Suzanne)

(52) Computer Specialist, GS-334-13 (PD # 47754; Inc. Wright, Elaine M.)

(53) Computer Specialist, GS-334-13 (PD # 47751; Inc. Moore, Wanda W.)

(54) Computer Specialist, GS-334-13 (PD # 47751; Inc. Harley, William L.)

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

/1/ During the course of the hearing, the parties stipulated that certain employees were management officials or supervisors and should be excluded from the unit. The parties further stipulated that certain other job classifications should be removed from consideration herein. Additionally, the parties stipulated that one employee should be included in the unit. The Authority deems such stipulations to be motions to amend the petition which are hereby granted.

Further, eleven of the positions in dispute were vacant at the time of the hearing: (1) Technical Information Specialist, GS-1412-13 (PD
#70261); (2) Population Advisor (Public Health), GS-0685-13 (PD #1789); (3) Agriculture Economist, GS-110-14 (PD # 70387); (4) Physical Scientist, GS-1301-14 (PD # 70494); (5) Industrial Trade Specialist, GS-1140-13 (PD # 50293); (6) Program Analyst, GS-345-13 (PD #40754); (7) Program Analyst, GS-345-14 (PD # 40586); (8) Computer Systems Analyst, GS-334-13 (PD # 47727); (9) Computer Systems Analyst, GS-334-13 (PD # 47728); (10) Computer Specialist, GS-334-13 (PD # 47781); and (11) Computer Systems Analyst, GS-334-13 (PD # 47696). 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 with respect to these positions.

/2/ 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 .
. . .

/3/ 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 . . . .

/4/ See, e.g., Department of Defense, Defense Communications Agency Headquarters, 11 FLRA No. 96 (1983).