The Adjutant General, State of Georgia, Department of Defense, Military Division and Georgia Association of Civilian Technicians (Authority decision, April 6, 1984)

Final FLRA representation decision. The Authority clarified which jobs belong in the bargaining unit. 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 Georgia Association of Civilian Technicians represented a unit of Georgia Air National Guard technicians. The Guard sought to exclude employees in seven job classifications as supervisors or management officials. The Authority excluded six classifications because their incumbents assigned and directed work and effectively recommended personnel actions using independent judgment. It kept the Security Officer in the unit because the people that officer supervised were state employees, and the officer implemented security policy instead of setting it. The Authority made these unit determinations directly after a hearing, without reviewing a regional director's decision.

Decision snapshot

• Authority: Supervisor and management official definitions under 5 U.S.C. § 7103(a)(10) and (11).
• Outcome: Six job classifications excluded from the unit; Security Officer included.
• Key point: Directing state employees did not make this Security Officer a federal supervisor under the statute.

Full text (FLRA public release)

[ v14 p187 ]

14:0187(39)CU

The decision of the Authority follows:

14 FLRA No. 39

THE ADJUTANT GENERAL, STATE OF GEORGIA
DEPARTMENT OF DEFENSE, MILITARY DIVISION
ATLANTA, GEORGIA
Activity /1/

and

GEORGIA ASSOCIATION OF CIVILIAN TECHNICIANS Petitioner

Case No. 4-CU-30007

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 Georgia Association of Civilian Technicians (ACT) was certified as the exclusive bargaining representative for a unit of all General Schedule and Wage Board Technicians employed by the Georgia Air National Guard. Essentially, the petition seeks to clarify the bargaining unit status of eight employees in seven job classifications based on the Activity's allegations that they are supervisors and/or management officials.

SUPERVISORS /2/

The Activity contends that the incumbents in the following job classifications are supervisors and should be excluded from the bargaining unit: Fire Chief, GS-0080-09, F5710001; Production Controller (Elec), GS-1152-09, F3990000; Testing Equipment Operator, WG-5439-11, F5439200; Freight Rate Specialist, GS-2131-07, F6484100; Security Officer, GS-0080-09, F8143100; Aircraft Electrician, WG-2892-11, F4538100; and Fabric Worker, WG-3105-10, F4522200. Of these, the record establishes that the incumbents in the job classifications of Production Controller (Elec) and Testing Equipment Operator assign and direct work, and have effectively recommended the hiring of, and promotions for, subordinates; and that the incumbents in the job classifications of Freight Rate Specialist, Aircraft Electrician and Fabric Worker assign and direct work and have effectively recommended the hiring of subordinates. Further, the Authority finds the above duties are not merely routine or clerical in nature, but require the consistent exercise of independent judgment. The Authority further finds that the incumbent in the job classification Fire Chief assigns and directs work and has effectively recommended the hiring of subordinates, and that he devotes a preponderance of his employment time in exercising such duties which are not merely routine or clerical in nature, but require the consistent exercise of independent judgment.
/3/ Accordingly, the above employees are supervisors within the meaning of section 7103(a)(10) of the Statute and shall be excluded from the unit. /4/

The Authority further finds that the incumbent in the job classification of Security Officer is not a supervisor within the meaning of section 7103(a)(10) as he does not supervise "employees." In this regard, section 7103(a)(2) of the Statute defines an "employee" as an individual "employed in an agency." Section 7103(a)(3) defines agency in principle part as "an Executive Agency." However, the individuals supervised by the Security Officer herein are employed by the State of Georgia which pays their salaries and fringe benefits and under whose laws they are covered. Therefore, the Authority finds that the Security Officer is not a supervisor as defined in the Statute. /5/

MANAGEMENT OFFICIALS /6/

Alternatively, the Activity contends that the Security Officer is a management official 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 172(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 the above incumbent is not a management official, but is a highly trained professional whose actions assist in implementing, as opposed to shaping, the Activity's policies. Thus, while the incumbent, under the direction of his superiors, implements and supplements security requirements for his base, he does so within well defined guidelines established by Air Force security policy as set forth in Air Force Regulation 207-01 and other Air Force regulatory guidelines. It follows that the Security Officer is not a management official in that he does not exercise any duties or responsibilities which require or authorize him to formulate, determine, or influence the policies of the Activity within the meaning of section 7103(a)(11) of the Statute. Accordingly, the Authority finds that the Security Officer should be included in the bargaining unit.

ORDER

IT IS ORDERED that the unit sought to be clarified be, and it hereby is, clarified by excluding from said unit the incumbents in the following job classifications: Fire Chief, GS-0080-09, F5710001; Production Controller (Elec), GS-1152-09, F3990000; Testing Equipment Operator, WG-5439-11, F5439200; Freight Rate Specialist, GS-2131-07, F6484100; Aircraft Electrician, WG-2892-11, F4538100; and Fabric Worker, WG-3105-10, F4522200.

IT IS FURTHER ORDERED that the unit sought to be clarified be, and it hereby is, clarified by including in said unit the incumbent in the job classification Security Officer, GS-0080-09, F8143100.

Issued, Washington, D.C., April 6, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY

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

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

/2/ 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, except that, with respect to any unit which includes firefighters or nurses, the term 'supervisor' includes only those individuals who devote a preponderance of their employment time to exercising such authority(.)

/3/ Fire Department, 4392d Aerospace Support Group, Vandenberg Air Force Base, California, 9 FLRA No. 120(1982).

/4/ Therefore, it is unnecessary to pass upon the Activity's additional assertion that the above incumbents should also be excluded from the unit on the basis that they are management officials.

/5/ See The Division of Military and Naval Affairs Public Security Building State Campus, Albany, New York 12226 National Guard Bureau, 13 FLRA No. 42(1983).

/6/ 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 . . .