Veterans Administration Medical Center, North Chicago, Illinois and Local 2107, American Federation of Government Employees (Authority decision, March 30, 1984)

Final FLRA representation decision. The Authority clarified the bargaining unit to exclude a supervisory research chemist. This appropriate-unit determination is excluded from the 60-day judicial-review provision by 5 U.S.C. § 7123(a)(2).

Plain-English summary

AFGE Local 2107 sought clarification of a research chemist's place in the professional employee bargaining unit at the North Chicago VA Medical Center. The Medical Center argued that the chemist was a supervisor. The Authority found that she assigned and directed work and effectively recommended awards and promotions using independent judgment. It excluded her from the unit. This was an original petition decided by the Authority after a hearing, so there was no regional director's decision to affirm or reverse.

Decision snapshot

• Authority: Supervisor definition under 5 U.S.C. § 7103(a)(10).
• Outcome: Unit clarified to exclude the research chemist as a supervisor.
• Key point: Effective personnel recommendations made with independent judgment supported supervisory status.

Full text (FLRA public release)

[ v14 p172 ]

14:0172(35)CU

The decision of the Authority follows:

14 FLRA No. 35

VETERANS ADMINISTRATION MEDICAL CENTER
NORTH CHICAGO, ILLINOIS
Activity

and

LOCAL 2107, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES (AFGE), AFL-CIO Petitioner

Case No. 5-CU-30002

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 was certified as the exclusive bargaining representative for a nationwide consolidated unit of all professional employees of the Veterans Administration, Washington, D.C. /1/ Essentially the Petitioner seeks to clarify the bargaining status of Moira Breen, Research Chemist, GS-1320-13 who the Activity contends should be excluded from the unit on the ground that she is a supervisor within the meaning of section 7103(a)(10) of the Statute. /2/ Breen is one of the two investigators in the Activity's Research-in-aging laboratory who are responsible for the programs being handled in the laboratory. In the course of her work, she is assisted by a Technician and a Secretary. The record establishes that Breen assigns and directs work and has effectively recommended awards and promotions for these subordinates. The Authority further finds that the above duties are not merely routine or clerical in nature, but require the consistent exercise of independent judgment. Accordingly, Moira Breen, Research Chemist, GS-1320-13 is a supervisor within the meaning of section 7103(a)(10) of the Statute and should be excluded from the unit.

ORDER

IT IS ORDERED that the unit sought to be clarified be, and it hereby is, clarified by excluding from said unit Moira Breen, Research Chemist, GS-1320-13.

Issued, Washington, D.C., March 30, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY

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

/1/ Local 2107, American Federation of Government Employees (AFGE), AFL-CIO is a representative of the national union for the segment of employees in a nationwide unit located at the Veterans Administration Medical Center, North Chicago, Illinois.

/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(.)