Army Missile Command, Redstone Arsenal and AFGE Local 1858 (Authority decision, December 16, 1982)

Final FLRA representation decision. The Authority resolves an original petition concerning a bargaining unit under 5 U.S.C. §§ 7111 and 7112. The matter involves an appropriate-unit determination; 5 U.S.C. § 7123(a)(2) excludes such orders from the ordinary 60-day court of appeals review provision.

Plain-English summary

The Army Missile Command asked whether its procurement and production officer and program analyst belonged in an AFGE bargaining unit. The Authority found that both assigned and directed work and effectively recommended personnel actions using independent judgment. It excluded the incumbents as supervisors. This was an original unit petition decided by the Authority, with no regional director decision to review.

Decision snapshot

• Authority: 5 U.S.C. § 7103(a)(10).
• Outcome: Two job classifications excluded from the unit.
• Key point: The two positions met the statutory definition of supervisor.

Full text (FLRA public release)

[ v10 p666 ]

10:0666(110)CU

The decision of the Authority follows:

10 FLRA No. 110

UNITED STATES ARMY MISSILE COMMAND,
REDSTONE ARSENAL, HUNTSVILLE, ALABAMA
Activity/Petitioner

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1858
Labor Organization

Case No. 4-CU-31

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, AFL-CIO, Local 1858 (AFGE) was recognized on March 8, 1967 as the exclusive bargaining representative for a unit of all current and future eligible civilian employees of the U.S. Army Missile Command and the U.S. Army Communications Command, Redstone Arsenal, Alabama. Essentially, the petition seeks to clarify the bargaining unit status of the incumbents in the job classifications of Procurement and Production Officer, GS-1101-14; and Program Analyst, GS-0345-13, based on the Activity's contention that they are supervisors. /1/

The Authority finds, in agreement with the Activity/Petitioner, that the employees in the job classifications of Procurement and Production Officer, GS-1101-14; and Program Analyst, GS-0345-13, are supervisors within the meaning of section 7103(a)(10) of the Statute. /2/ Thus, the record establishes that the Procurement and Production Officer, GS-1101-14, assigns and directs work, has hired subordinates, and has effectively recommended subordinates for awards; and that the Program Analyst, GS-0345-13, assigns and directs work and has effectively recommended the hiring of and awards for 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, these incumbents 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: Procurement and Production Officer, GS-1101-14, and Program Analyst, GS-0345-13. Issued, Washington, D.C., December 16, 1982 Ronald W. Haughton, Chairman Henry B. Frazier III, Member Leon B. Applewhaite, Member FEDERAL LABOR RELATIONS AUTHORITY

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

/1/ During the course of the hearing, the Activity, with the agreement of AFGE and the hearing officer, amended its petition by withdrawing certain job classifications from consideration by the Authority.

/2/ 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 . . . .