Veterans Administration Medical Center, Salisbury, North Carolina and American Federation of Government Employees (Authority decision, January 28, 1983)

Final FLRA representation decision. The Authority directly decided an appropriate-unit petition. This unit determination is excluded from the 60-day judicial-review provision by 5 U.S.C. § 7123(a)(2).

Plain-English summary

AFGE asked the Authority to clarify whether a personnel assistant and 19 head nurses belonged in VA bargaining units at Salisbury. The Authority found that Sandra Oliphant performed substantive federal personnel work, including workers’ compensation and retirement administration, so she was excluded. It also found the head nurses spent most of their time exercising supervisory authority with independent judgment. It dismissed both petitions, leaving all of those employees outside the units. The Authority decided the original petitions directly, with no regional director ruling to affirm or reverse.

Decision snapshot

• Authority: Representation and unit criteria under 5 U.S.C. § 7111(b)(2).
• Outcome: Both clarification petitions dismissed; personnel assistant and head nurses excluded.
• Key point: Substantive personnel work and qualifying nurse supervision barred inclusion in the units.

Full text (FLRA public release)

[ v11 p176 ]

11:0176(39)CU

The decision of the Authority follows:

11 FLRA No. 39

VETERANS ADMINISTRATION,
WASHINGTON, D.C. AND
VETERANS ADMINISTRATION
MEDICAL CENTER,
SALISBURY, NORTH CAROLINA
Agent/Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
Labor Organization/Petitioner

Case No. 4-CU-45

VETERANS ADMINISTRATION,
WASHINGTON, D.C. AND
VETERANS ADMINISTRATION
MEDICAL CENTER,
SALISBURY, NORTH CAROLINA
Agency/Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
Labor Organization/Petitioner

Case No. 4-CU-46

DECISION AND ORDER CLARIFYING UNIT

Upon petitions duly filed with the Federal Labor Relations Authority under section 7111(b)(2) of the Federal Service Labor-Management Relations Statute (the Statute), a consolidated 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: In Case No. 4-CU-45, the Labor Organization/Petitioner (AFGE) /1/ seeks to clarify the status of Sandra Oliphant, Personnel Assistant, GS-203-06, who the Agency/Activity contends should be excluded from the recognized bargaining unit on the ground that she is an employee engaged in Federal personnel work in other than a purely clerical capacity. /2/

In Case No. 4-CU-46, /3/ AFGE seeks to clarify the status of 19 employees in the job classification of Head Nurse who it contends should be included in the unit regardless of their supervisory functions since they do not devote a preponderance of their employment time to such functions.

With regard to Case No. 4-CU-45, the Authority finds that Oliphant is an employee engaged in Federal personnel work in other than a purely clerical capacity within the meaning of section 7112(b)(3) of the Statute and should be excluded from the bargaining unit. Although assigned as the assistant to the Personnel Management Specialist, Oliphant spends the majority of her time doing work related to the Workers' Compensation and Retirement and Death Benefit Programs. She is the Activity's resource person in these areas and, as such, counsels employees and answers their questions on any problems they may encounter with regard to the programs. Further, with regard to the Workers' Compensation Program she is responsible for seeing that all paperwork is properly and speedily processed. After reviewing the paperwork, she has the authority on behalf of the Activity to authorize medical treatment and to authorize the continuation of pay to affected employees.

Based on the above, the Authority finds that Oliphant is engaged in personnel work as contemplated by section 7112(b)(3), that is, work relating directly to the personnel operations of her own employing activity, in other than a purely clerical capacity. Accordingly, she shall be excluded from the bargaining unit.

In Case No. 4-CU-46, the Authority finds that the Head Nurses listed in the Appendix are supervisors within the meaning of section 7103(a)(10) of the Statute /4/ and must be excluded from the bargaining unit. Thus, the record establishes that the Head Nurse assign work, discipline subordinates and have effectively recommended subordinates for awards. While the Head Nurses are directly involved with patient care, their main responsibility is to supervise nursing activities in their units. /5/ Accordingly the Authority finds that the Head Nurses devote a preponderance of their employment time to the exercise of such supervisory authority which is not merely routine or clerical in nature, but requires the consistent exercise of independent judgment.

ORDER

IT IS HEREBY ORDERED that the petitions in Case Nos. 4-CU-45 and 4-CU-46 be, and they hereby are, dismissed. Issued, Washington, D.C., January 28, 1983 Ronald W. Haughton, Chairman Henry B. Frazier III, Member Leon B. Applewhaite, Member FEDERAL LABOR RELATIONS AUTHORITY

APPENDIX

HEAD NURSES ALLEGED TO BE SUPERVISORS

Melba Hunter

Betty Westmoreland

Margaret Floyd

Peggy Huffman

Virginia Graves

Betty Rufty

Dianna Lemons

Betty Chester

Glenda Whitman

Doretta Murphy

Jean Hedrick

Rebecca Alexander

Amy Halverson

Mildred Huff

India Monroe

Wanda Brandt

Martha Legrand

Charlena Garrison

Faye Smith

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

/1/ AFGE was certified on February 28, 1980 as the exclusive bargaining representative of a nationwide consolidated unit of nonprofessional employees of the Veterans Administration.

/2/ The joint stipulation of the parties at the hearing is deemed a motion to amend the petition by withdrawing certain other individuals from consideration herein; this motion is granted.

/3/ AFGE was certified on February 28, 1980 as the exclusive bargaining representative for a nationwide consolidated unit of professional employees of the Veterans Administration.

/4/ 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, 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(.)

/5/ See Veterans Administration Medical Center, Fayetteville, North Carolina, 8 FLRA No. 115 (1982).