Headquarters III Corps and Fort Hood and American Federation of Government Employees, Local 1920 (Authority decision, December 13, 1983)

Final FLRA representation decision. The Authority clarified the bargaining unit by excluding a hospital facilities work coordinator. This appropriate-unit determination is excluded from the 60-day judicial-review provision by 5 U.S.C. § 7123(a)(2).

Plain-English summary

Fort Hood sought to remove hospital facilities work coordinator Willie Vanarsdale from an AFGE Local 1920 bargaining unit. The Authority found that he assigned and directed another employee's maintenance work and had effectively recommended an award. Those duties required independent judgment and met the statutory definition of a supervisor. It excluded him from the unit. The outcome is classified as other because the Authority decided the original clarification petition after a hearing, without reviewing a Regional Director decision.

Decision snapshot

• Authority: Supervisor definition under 5 U.S.C. § 7103(a)(10).
• Outcome: Willie Vanarsdale excluded from the bargaining unit.
• Key point: Assigning work and effectively recommending an award with independent judgment made the coordinator a supervisor.

Full text (FLRA public release)

[ v13 p479 ]

13:0479(84)CU

The decision of the Authority follows:

13 FLRA No. 84

HEADQUARTERS III CORPS AND FORT HOOD
FORT HOOD, TEXAS
Activity/Petitioner

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1920
Labor Organization

Case No. 6-CU-20007

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 consideration of the entire record, including the parties' contentions, the Authority finds: The American Federation of Government Employees, AFL-CIO, Local 1920 (AFGE) was recognized on December 29, 1969, as the exclusive representative for a unit of all Wage Grade and General Schedule employees of Headquarters III Corps and Fort Hood; United States Army Medical Department Activity (MEDDAC); United States Communications Command Agency; Headquarters, TRADOC Combined Arms Test Activity (TCATA); Troop Support Agency, Midwest Field Office; Fort Hood Commissary Store; and Dental Activity (DENTAC), Fort Hood, Texas. Essentially, the petition seeks to clarify the unit status of Willie Vanarsdale, Hospital Facilities Work Coordinator, GS-303-06, who the Activity/Petitioner contends should be excluded from the bargaining unit on the ground that he is a supervisor within the meaning of section 7103(a)(10) of the Statute. /1/

The record indicates that Vanarsdale, as the Hospital Facilities Work Coordinator, is responsible for providing maintenance and repair work for approximately 25 MEDDAC buildings. His duties include assigning and directing the work of a maintenance employee, and he has effectively recommended an award for that employee. The Authority finds that these duties are not merely routine or clerical in nature, but require the consistent exercise of independent judgment. Accordingly, the Authority concludes that Vanarsdale is a supervisor within the meaning of section 7103(a)(10) of the Statute and must be excluded from 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 Willie Vanarsdale, Hospital Facilities Work Coordinator, GS-303-06.

Issued, Washington, D.C., December 13, 1983 Barbara J. Mahone, Chairman Ronald W. Haughton, Member Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY

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

/1/ 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 . . . .