United States Marine Corps, Nonappropriated Fund Instrumentalities and American Federation of Government Employees, Local 1786 (Authority decision, February 1, 1983)

Final FLRA representation decision. The Authority directly decided a unit-clarification petition. 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 Marine Corps sought to clarify whether retail and customer service supervisors belonged in AFGE Local 1786’s bargaining unit at its nonappropriated fund activities. The Authority found that the listed employees assigned and directed work, effectively recommended hiring and promotions, and disciplined subordinates using independent judgment. It ordered them excluded as statutory supervisors. The Authority decided the original petition directly, with no regional director decision to affirm or reverse.

Decision snapshot

• Authority: Unit clarification under 5 U.S.C. § 7111(b)(2).
• Outcome: Listed retail and customer service supervisors excluded from the bargaining unit.
• Key point: Employees who exercise supervisory authority with independent judgment are excluded from the unit.

Full text (FLRA public release)

[ v11 p198 ]

11:0198(45)CU

The decision of the Authority follows:

11 FLRA No. 45

UNITED STATES MARINE CORPS,
NONAPPROPRIATED FUND INSTRUMENTALITIES
Activity/Petitioner /1/

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1786, AFL-CIO
Labor Organization

Case No. 3-CU-96

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 1786, AFL-CIO (AFGE) was certified on October 9, 1980 as the exclusive bargaining representative for a unit of all full-time, part-time, temporary and intermittent civilian and off-duty military non-appropriated fund employees of NAF Instrumentalities under the cognizance of the Battalion Commander, Headquarters, U.S. Marine Corps, Henderson Hall, Arlington, Virginia including the PX, Clubs, and Special Services located at Henderson Hall and Eighth and "I". Essentially, the petition herein seeks to clarify the bargaining unit status of numerous incumbents (listed in the Appendix) in the job classifications characterized as Customer Service Supervisors and Department Supervisors /2/ based on the Activity/Petitioner's contentions that they are supervisors within the meaning of section 7103(a)(10) of the Statute. /3/ The Authority agrees. Thus, the record indicates that the incumbents assign and direct work, have effectively recommended hiring of and promotions for subordinates, and have disciplined subordinates. Further, the Authority finds that the above duties are not merely routine or clerical in nature but require the consistent exercise of independent judgment. Accordingly, the Authority finds these incumbents are supervisors within the meaning of section 7103(a)(10) of the Statute and shall order that they be excluded from the unit.

ORDER

IT IS HEREBY ORDERED that the unit sought to be clarified herein be, and it hereby is, clarified by excluding from said unit, as supervisors, those employees listed in the Appendix. Issued, Washington, D.C., February 1, 1983 Ronald W. Haughton, Chairman Henry B. Frazier III, Member Leon B. Applewhaite, Member FEDERAL LABOR RELATIONS AUTHORITY

APPENDIX

EMPLOYEES ALLEGED TO BE SUPERVISORS

B. Houck, Self Service Supervisor

M. Chappel, Ladies Supervisor

A. Brittain, Camera Supervisor

N. Joe, Mens Supervisor

T. Ishihara, Jewelry Supervisor

C. Bononelli, Customer Service Supervisor

R. Bailey, Case Lots Supervisor

K. McCue, Annex Supervisor

A. Beatson, Outdoor/Patio Supervisor

S. Stone, Sporting Goods Supervisor

B. Lavoie, Sound and Luggage Supervisor

N. Lewis, Uniform Supervisor

B. Lewis, Shoe Supervisor

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

/1/ The name of the Activity/Petitioner appears as amended at the hearing.

/2/ At the hearing, the parties entered into stipulations with regard to the Marking Room Supervisor, Security Manager and Financial Manager which are deemed motions to amend the petition and are hereby granted. Accordingly, such positions will not be considered herein.

/3/ 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 . . . .