Department of Justice, U.S. Immigration and Naturalization Service and American Federation of Government Employees, National Immigration and Naturalization Service Council (Authority decision, November 29, 1983)

Final FLRA representation decision. The Authority clarified the bargaining unit by excluding employees in four supervisory instructor classifications. 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 Immigration and Naturalization Service sought to exclude employees in four instructor job classifications from an AFGE bargaining unit. The Authority found that those employees assigned or directed subordinates' work and, depending on the position, effectively recommended hiring, transfers, or awards, or adjusted grievances. Because those duties required independent judgment, the Authority classified the positions as supervisory and excluded them. The outcome is classified as other because this was an original unit clarification petition decided after a hearing, without review of a Regional Director decision.

Decision snapshot

• Authority: Supervisor definition under 5 U.S.C. § 7103(a)(10).
• Outcome: Four supervisory instructor classifications excluded from the unit.
• Key point: Instructional duties did not alter the supervisory status established by independent personnel authority.

Full text (FLRA public release)

[ v13 p443 ]

13:0443(79)CU

The decision of the Authority follows:

13 FLRA No. 79

DEPARTMENT OF JUSTICE
U.S. IMMIGRATION AND
NATURALIZATION SERVICE
WASHINGTON, D.C.
Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
NATIONAL IMMIGRATION AND
NATURALIZATION SERVICE COUNCIL
WASHINGTON, D.C.
Petitioner /1/

Case No. 4-CU-30002

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, /2/ the Authority finds: AFGE was recognized on April 20, 1968 as the exclusive bargaining representative for a unit of all nonsupervisory and nonprofessional employees in the Immigration and Naturalization Service except those assigned to Border Patrol Sectors. Essentially, the petition seeks to clarify the unit status of employees in four job classifications who the Activity contends should be excluded on the ground that they are supervisors.

The Activity contends that the employees in the following job classifications are supervisors within the meaning of section 7103(a)(10) of the Statute /3/ and should be excluded from the unit: Supervisory Immigration Examination Officer (Course Development/Instruction), GS-301-12, M40CIL1; Supervisory Border Patrol Agent (Course Development/Instruction), GS-1896-12, M40C5CM1; Supervisory Border Patrol Agent (Instruction), GS-1896-11, M40C5BM1; and Supervisory Immigration Enforcement Officer (Course Development/Instruction), GS-301-12, M40C5HL1. Each of these employees is involved in instructing students. Additionally, the record establishes that they have supervisory responsibilities. Specifically, the incumbents in the job classification of Supervisory Immigration Examination Officer assign and direct work, effectively recommend the hiring and transfer of subordinates and adjust the grievances of subordinates; that the incumbents in the job classification of Supervisory Border Patrol Agent (Course Development/Instruction) assign and direct work and effectively recommend the hiring of and awards for subordinates; that the incumbents in the job classification of Supervisory Border Patrol Agent (Instruction) assign and direct work and adjust grievances of subordinates; and that the incumbents in the job classification of Supervisory Immigration Enforcement Officer assign and direct work, effectively recommend the hiring and transfer of subordinates, and adjust grievances of 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 incumbents in the job classifications described above are supervisors within the meaning of section 7103(a)(10) of the Statute and must be excluded from the unit.

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 following job classifications: Supervisory Immigration Examination Officer (Course Development/Instruction), GS-301-12, M40C5IL1; Supervisory Border Patrol Agent (Course Development/Instruction), GS-1896-12, M40C5CM1; Supervisory Border Patrol Agent (Instruction), GS-1896-11, M40C5BM1; and Supervisory Immigration Enforcement Officer (Course Development/Instruction), GS-301-12, M40C5HL1. Issued, Washington, D.C., November 29, 1983 Barbara J. Mahone, Chairman Ronald W. Haughton, Member Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY

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

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

/2/ As the brief filed by the American Federation of Government Employees, AFL-CIO, National Immigration and Naturalization Service Council, Washington, D.C. was untimely filed, it has not been 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 . . . .