U.S. Environmental Protection Agency, Research Triangle Park, North Carolina and American Federation of Government Employees (Authority decision, June 2, 1983)

Final FLRA decision. The Authority clarified an EPA bargaining unit. This appropriate unit determination is excluded from judicial review under 5 U.S.C. § 7123(a)(2).

Plain-English summary

AFGE sought clarification of whether four engineers and scientists at EPA's Research Triangle Park facility belonged in its bargaining unit. EPA argued that they were management officials. The Authority found that they were highly trained professionals who implemented agency policy, rather than made it, and ordered all four included in the unit. The parties had separately stipulated that a fifth position was supervisory and excluded it. This was an original unit clarification petition with no Regional Director decision to review, so the outcome is recorded as other.

Decision snapshot

• Authority: Management official definition and unit clarification under 5 U.S.C. §§ 7103(a)(11) and 7111(b)(2).
• Outcome: Four disputed specialists included in the bargaining unit.
• Key point: Expert implementation of policy did not make the specialists management officials.

Full text (FLRA public release)

[ v12 p119 ]

12:0119(32)CU

The decision of the Authority follows:

12 FLRA No. 32

U.S. ENVIRONMENTAL PROTECTION AGENCY
RESEARCH TRIANGLE PARK, NORTH CAROLINA
Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
Petitioner

Case No. 4-CU-52

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 (AFGE) was certified on January 8, 1980 as the exclusive bargaining representative for a consolidated unit to professional employees of the U.S. Environmental Protection Agency including the unit located at U.S. Environmental Protection Agency, Research Triangle Park, North Carolina which AFGE seeks to clarify herein. Essentially, the petition seeks to clarify the bargaining unit status of four employees based on the Activity's allegation that they are management officials. /1/

The Activity contends that John L. McGinnity, Environmental Engineer, GM-819-14, P.D. 7555; John D. Bachmann, Environmental Engineer, GS-819-14, P.D. 6327; Darryl J. VonLehmden, Chemical Engineer, GM-893-14, P.D. 6259; and Richard C. Dickerson, Physical Scientist, GS-1301-14, P.D. 7436 are management officials and must be excluded from the unit. /2/ 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 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 although the incumbents of the job classifications listed above are highly trained professionals whose actions assist in implementing, as opposed to shaping, the Activity's policies, they currently do not exercise duties and 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. See U.S. Army Engineer Topographic Laboratories, Fort Belvoir, Virginia, 10 FLRA No. 26 (1982). Accordingly, the Authority finds that they are not management officials and therefore should be included in the bargaining unit.

ORDER

IT IS ORDERED that the unit sought to be clarified herein be, and it hereby is, clarified by including in said unit John L. McGinnity, Environmental Engineer, GM-819-14, P.D. 7555; John D. Bachmann, Environmental Engineer, GS-819-14, P.D. 6327; Darryl J. VonLehmden, Chemical Engineer, GM-893-14, P.D. 6259; and Richard C. Dickerson, Physical Scientist, GS-1301-14, P.D. 7436. Issued, Washington, D.C., June 2, 1983 Barbara J. Mahone, Chairman Ronald W. Haughton, Member Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY

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

/1/ The original petition sought to clarify some 35 classifications covering 86 employees; however, prior to the hearing, the parties resolved the status of all but five positions. During the course of the hearing, the parties stipulated that Robert T. Walsh, Chemical Engineer, GS-893-14, P.D. 6028 is a supervisor and should be excluded from the unit. That stipulation is deemed to be a motion to amend the petition and is hereby granted.

/2/ 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.
. . .