2750th Air Base Wing and Firefighters Local F-88 (Authority decision, August 6, 1982)

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

Firefighters Local F-88 sought a ruling on station chiefs at Wright-Patterson Air Force Base. The Authority found that they spent most of their work time independently assigning, disciplining, and rewarding subordinates, making them supervisors under the firefighter rule. It dismissed the petition, leaving the chiefs outside the bargaining unit. This original unit-clarification petition had no Regional Director decision under review, so the outcome label is other.

Decision snapshot

• Authority: 5 U.S.C. § 7103(a)(10).
• Outcome: Petition dismissed; station chiefs excluded as supervisors.
• Key point: Station chiefs met the firefighter-specific supervisory test.

Full text (FLRA public release)

[ v09 p883 ]

09:0883(118)CU

The decision of the Authority follows:

9 FLRA No. 118

2750TH AIR BASE WING,
AIR FORCE LOGISTICS COMMAND,
WRIGHT-PATTERSON AIR FORCE BASE, OHIO
Activity

and

LOCAL, F-88, INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS
Petitioner

Case No. 5-CU-34

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 HEREBY AFFIRMED.

UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
PARTIES' CONTENTIONS, THE AUTHORITY FINDS: LOCAL F-88, INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS (PETITIONER) WAS RECOGNIZED BY THE ACTIVITY
ON JULY 21, 1964, AS THE EXCLUSIVE BARGAINING REPRESENTATIVE FOR A UNIT
OF ALL NON-SUPERVISORY EMPLOYEES OF THE FIRE PROTECTION DIVISION
DIRECTORATE OF CIVIL ENGINEERING, 2750TH AIR BASE WING, WRIGHT-PATTERSON
AIR FORCE BASE, OHIO. ESSENTIALLY, THE PETITION SEEKS TO CLARIFY THE
BARGAINING UNIT STATUS OF THE INCUMBENTS IN THE JOB CLASSIFICATION OF
SUPERVISORY FIREFIGHTER, GS-081-08 (STATION CHIEF) BASED ON THE
ACTIVITY'S CONTENTION THAT THEY ARE SUPERVISORS. /1/

THE RECORD ESTABLISHES THAT THE STATION CHIEFS ASSIGN WORK, ADJUST
GRIEVANCES, DISCIPLINE SUBORDINATES AND HAVE EFFECTIVELY RECOMMENDED
SUBORDINATES FOR PROMOTIONS AND AWARDS. FURTHER, THE RECORD REFLECTS
AND THE AUTHORITY FINDS THAT THE STATION CHIEFS DEVOTE A PREPONDERANCE
OF THEIR EMPLOYMENT TIME IN EXERCISING SUCH DUTIES WHICH ARE NOT MERELY
ROUTINE OR CLERICAL IN NATURE, BUT REQUIRE THE CONSISTENT EXERCISE OF
INDEPENDENT JUDGMENT. /2/ ACCORDINGLY THESE INCUMBENTS ARE SUPERVISORS
WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE STATUTE AND SHALL BE
EXCLUDED FROM THE UNIT.

ORDER

IT IS HEREBY ORDERED THAT THE PETITION HEREIN BE DISMISSED.

ISSUED, WASHINGTON, D.C., AUGUST 6, 1982

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY

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

/1/ 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, 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(.)

/2/ SEE VETERANS ADMINISTRATION MEDICAL CENTER, FAYETTEVILLE, NORTH
CAROLINA, 8 FLRA NO. 115(1982) WHERE THE AUTHORITY APPLIED THE PHRASE
"PREPONDERANCE OF THEIR EMPLOYMENT TIME" AS CONTAINED IN THE SUPERVISORY
DEFINITION WITH REGARD TO THE DUTIES OF CERTAIN INDIVIDUALS CLASSIFIED
AS HEAD NURSES.