NASA George C. Marshall Space Flight Center and Marshall Engineers and Scientists Association (Authority decision, August 22, 1983)

Final FLRA representation decision. The Authority resolved an appropriate-unit determination under 5 U.S.C. § 7112. Section 7123(a)(2) excludes such orders from the ordinary 60-day judicial-review provision.

Plain-English summary

NASA asked the Authority to clarify whether several engineers and scientists at the Marshall Space Flight Center belonged in a bargaining unit. The Authority found that one aerospace engineer assigned and directed subordinates using independent judgment and was a supervisor. It excluded him from the unit. It found that the other identified employees lacked supervisory or management official duties and kept them in the unit. The outcome is classified as other because this was an original unit clarification petition, not review of a Regional Director decision.

Decision snapshot

• Authority: 5 U.S.C. §§ 7103(a)(10), 7103(a)(11), and 7111(b)(2).
• Outcome: Unit clarified: Leonard Hall excluded; remaining identified employees included.
• Key point: Technical expertise alone did not make an employee a supervisor or management official.

Full text (FLRA public release)

[ v12 p621 ]

12:0621(118)CU

The decision of the Authority follows:

12 FLRA No. 118

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION GEORGE C. MARSHALL SPACE FLIGHT CENTER ALABAMA Activity/Petitioner

and

MARSHALL ENGINEERS AND SCIENTISTS ASSOCIATION AFFILIATED WITH INTERNATIONAL FEDERATION OF PROFESSIONAL/TECHNICAL ENGINEERS AFL-CIO, LOCAL 27 Labor Organization

Case No. 4-CU-38

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 careful consideration of the entire record, including the parties' contentions, /1/ the Authority finds: the Marshall Engineers and Scientists Association, affiliated with the International Federation of Professional/Technical Engineers, AFL-CIO, Local 27 (Labor Organization) was certified as the exclusive representative for a unit of all professional engineers and scientists (NASA Classification Code Series, 200 and 700) employed by the Marshall Space Flight Center. Essentially, the petition seeks to clarify the bargaining unit status of numerous employees based on the Activity/Petitioner's allegation that they are either supervisors or management officials. /2/ SUPERVISORS

The Activity contends that the individuals listed in the Appendix are supervisors within the meaning of the section 7103(a)(10) of the Statute and should be excluded from the unit. /3/ Of these, the record establishes that Leonard Hall, Aerospace Engineer, GS-861-15, PN 22583 assigns and directs work of subordinates and that these duties are not merely routine or clerical in nature, but require the consistent exercise of independent judgment. Accordingly, Hall is a supervisor within the meaning of section 7103(a)(10) of the Statute and must be excluded from the unit. The Authority further concludes that the remaining employees listed in the Appendix do not exercise any of the statutory indicia of supervisory authority; accordingly, they are not supervisors within the meaning of section 7103(a)(10) of the Statute and should remain in the unit. MANAGEMENT OFFICIALS

The Activity contends that Einar Tandberg-Hanssen, Astrophysicist, GS-1330-15, PN 19826; Billy Bass, AST, Technical Management, /4/ GS-801-14, PN 22908; Terry Sharpe, Aerospace Engineer, GS-861-15, PN 22887; Harold Ledford, Aerospace Engineer, GS-861-15, PN 23216; and Saverio Morea, Aerospace Engineer, GS-861-15, PN 19318, are management officials and must be excluded from the unit. /5/ 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 officials" 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 named incumbents are highly trained professionals whose actions assist in implementing, as opposed to shaping, the Activity's policies. Thus, they currently do not exercise 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. Accordingly, the Authority finds that they are not management officials and should remain 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 Leonard Hall, Aerospace Engineer, GS-861-15, PN 22583, and by continuing to include in said unit the remaining incumbents discussed above. Issued, Washington, D.C., August 22, 1983 Barbara J. Mahone, Chairman Ronald W. Haughton, Member Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY

APPENDIX

EMPLOYEES ALLEGED TO BE SUPERVISORS

J. Laue, AST, Technical Management, /6/ GS-801-14, PN 20803 Edward Hamilton, Aerospace Engineer, GS-861-15, PN 24650 Billy Neighbors, Aerospace Engineer, GS-861-15, PN 24649 Arthur Boyanton, Aerospace Engineer, GS-861-15, PN 22490 Carl Maroney, AST, Technical Management,
/6/ GS-801-14, PN 19285 David Toles, Aerospace Engineer, GS-861-14, PN 22373 Nathan Ginn, Electronics Engineer, GS-855-14, PN 19070 Victor Nieland, Aerospace Engineer, GS-861-14, PN 19229 William Spivey, Aerospace Engineer, GS-861-,4, PN 19236 Richard Wegrich, Aerospace Engineer, GS-861-14, PN 13386 Martin Geiger, Aerospace Engineer, GS-861-14, PN 20638 Billy Duncan, Space Scientist, GS-1330-14, PN 19191 Patrick Keys, Aerospace Engineer, GS-861-14, PN 24473 John Genter, Aerospace Engineer, GS-861-14, PN 22525 Robert Weber, Aerospace Engineer, GS-861-14, PN 22526 Lynnon Grant, Electronics Engineer, GS-855-14, PN 20115 Carrol Dailey, Space Scientist, GS-1330-15, PN 24079 Charles Guttman, AST, Technical Management, /6/ GS-801-14, PN

20137 Harold Mink, Aerospace Engineer, GS-861-14, PN 18863 James Stuckey, Research Chemi t, GS-1320-14, PN 22351 William Baker, Aerospace Engineer, GS-861-14, PN 19384 Leonard Hall, Aerospace Engineer, GS-861-15, PN 22583

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

/1/ As the Activity's brief was untimely filed, it has not been considered.

/2/ During the course of the hearing, the parties stipulated that certain employees were supervisors and should be excluded from the unit and that certain other employees were not supervisors and should be included in the unit. The parties further stipulated that certain other job classifications should be removed from consideration herein. The Authority deems such stipulations to be motions to amend the petition which are hereby granted.

/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. . . .

/4/ Job title as it appears in the position description included in the record.

/5/ 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.
. . .

/6/ See n. 4.