U.S. Army, Dugway Proving Ground, Utah and National Association of Government Employees, Local R14-62 (Authority decision, May 20, 1982)

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

Plain-English summary

Dugway Proving Ground sought to remove 26 scientific and technical positions from a bargaining unit as supervisors or management officials. The Authority found that project leaders gave technical direction but lacked personnel authority and did not exercise independent supervisory judgment. It also found that the employees' research and advice operated within established policies and remained subject to review. The Authority dismissed the exclusion petition, leaving the positions in the unit. It decided the petition directly, so no regional director ruling was affirmed or reversed.

Decision snapshot

• Authority: 5 U.S.C. §§ 7103(a)(10), 7103(a)(11), and 7111(b)(2).
• Outcome: Exclusion petition dismissed; all disputed positions remained in the unit.
• Key point: Technical project leadership and expert advice did not establish supervisory or management-official status.

Full text (FLRA public release)

[ v08 p684 ]

08:0684(118)CU

The decision of the Authority follows:

8 FLRA No. 118

U.S. ARMY, DUGWAY PROVING GROUND
DUGWAY, UTAH
Activity/Petitioner /1/

and

NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R14-62
Labor Organization /2/

Case No. 7-CU-29

DECISION AND ORDER ON PETITION FOR CLARIFICATION OF OF UNIT

UPON A PETITION DULY FILED 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 THE ENTIRE RECORD IN THIS CASE, INCLUDING THE BRIEF OF THE
NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCAL R14-62, (NAGE), THE
AUTHORITY FINDS:

THE ACTIVITY-PETITIONER SEEKS TO CLARIFY THE EXISTING UNIT OF ALL
GENERAL SCHEDULE NONSUPERVISORY PROFESSIONAL EMPLOYEES AT DUGWAY
PROVING
GROUND, /3/ REPRESENTED EXCLUSIVELY BY THE NAGE, TO EXCLUDE 26 POSITIONS
AS EITHER MANAGEMENT OFFICIALS OR SUPERVISORS. /4/ THE NAGE TAKES THE
POSITION THAT THE EMPLOYEES IN QUESTION ARE NEITHER SUPERVISORS NOR
MANAGEMENT OFFICIALS AS DEFINED IN SECTION 7103(A)(10) AND (11) OF THE
STATUTE RESPECTIVELY, /5/ AND, THEREFORE, SHOULD NOT BE EXCLUDED FROM
THE BARGAINING UNIT.

THE PRIMARY MISSION OF THE ACTIVITY IS TO TEST CHEMICAL AND
BIOLOGICAL AGENTS AND WEAPON SYSTEMS, AND TO PERFORM RESEARCH AND
DEVELOPMENT OF METHODS, INSTRUMENTATION AND OTHER REQUIREMENTS NEEDED
TO
PERFORM THESE TESTS. IN ACCOMPLISHING THIS MISSION, THE ACTIVITY
EMPLOYS, AMONG OTHERS, VARIOUS EMPLOYEES WITH EXTENSIVE SCIENTIFIC OR
TECHNICAL BACKGROUNDS. ALL OF THE EMPLOYEES IN QUESTION FALL INTO THESE
TWO CATEGORIES. THE RECORD REFLECTS THAT ALL ARE CONSIDERED EXPERTS IN
THEIR SCIENTIFIC OR TECHNICAL AREAS OF EXPERTISE, AND THEIR WORK IN
PERFORMING THE ACTIVITY'S MISSION GENERALLY ENDS UP IN PUBLISHED FORM
EITHER INTERNALLY WITHIN THE DEPARTMENT OF DEFENSE OR IN SCIENTIFIC
JOURNALS.

WITH EXCEPTION OF FOUR POSITIONS LOCATED IN OTHER DIRECTORATES,
DISCUSSED SEPARATELY BELOW, THE POSITIONS IN QUESTION HEREIN ARE FOUND
IN THE MATERIAL TEST DIRECTORATE, THE ACTIVITY'S BASIC OPERATIONAL
SEGMENT. THESE POSITIONS FALL INTO TWO CATEGORIES, THOSE WHICH THE
ACTIVITY CONTENDS ARE BOTH MANAGEMENT OFFICIALS AND SUPERVISORS AND
THOSE WHICH THE ACTIVITY CONTENDS ARE SOLELY MANAGEMENT OFFICIALS. /6/
THE FOLLOWING INCUMBENTS FALL WITHIN THE FIRST CATEGORY:

WILLIAM B. BROWN, MATHEMATICIAN-STATISTICIAN, GS-1529-13,

JOB NUMBER 1717.

KENNETH S. CHINN, RESEARCH CHEMIST, GS-1320-13, JOB

NUMBER 1702.

DAVID A. GAUTHIER, BIOLOGIST, GS-0401-13, JOB NUMBER

1473.

MARTIN A. HOULE, CHEMIST, GS-1320-13, JOB NUMBER 2086.

CURTIS JONES, PHYSICAL SCIENTIST, GS-1301-13, JOB NUMBER

1713.

DALE F. KING, BIOLOGIST, GS-0401-13, JOB NUMBER 1473.

JOHN E. MEIKLE, RESEARCH CHEMIST, GS-1320-13, JOB NUMBER

1702.

JEWEL MORTENSON, CHEMIST, GS-1320-13, JOB NUMBER 1191.

CARLOS F. A. PINKHAM, ZOOLOGIST, GS-0410-13, JOB NUMBER

1363.

GARY I. RESNICK, MICROBIOLOGIST, GS-0403-13, JOB NUMBER

2040.

MERAN A. SMITH, MICROBIOLOGIST, GS-0403-13, JOB NUMBER

2040.

GARY L. SUTTEN, MATHEMATICIAN-STATISTICIAN, GS-1529-13,

JOB NUMBER 1717.

WILBERT TAYLOR, PHYSICAL SCIENTIST, GS-1301-13, JOB

NUMBER 1713.

CONSIDERING FIRST THE QUESTION OF THE ABOVE-NOTED INCUMBENTS' ALLEGED
SUPERVISORY STATUS, THE AUTHORITY CONCLUDES THAT NONE OF THEM OCCUPIES A
SUPERVISORY POSITION WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE
STATUTE. THUS, THE RECORD REFLECTS THAT NONE OF THE INCUMBENTS HAS ANY
EMPLOYEE OF THE ACTIVITY PERMANENTLY UNDER HIS DIRECTION, AND EACH
INCUMBENT REPORTS UPWARDS TO THE HEAD OF THE DIRECTORATE THROUGH BOTH A
BRANCH AND A DIVISION CHIEF. /7/ WHILE ALL OF THE INCUMBENTS SPEND A
PORTION OF THEIR TIME AS PROJECT LEADERS OR TEST OFFICERS, DURING WHICH
TIME THEY MAY HAVE FROM 2 TO 30 OF THE ACTIVITY'S EMPLOYEES UNDER THEIR
TECHNICAL DIRECTION, THE RECORD ESTABLISHES THAT SUCH TECHNICAL
DIRECTION IS MERELY ROUTINE IN NATURE AND DOES NOT REQUIRE THE EXERCISE
OF INDEPENDENT JUDGMENT. THUS, ALL EMPLOYEES ON A PROJECT OR TEST
RECEIVE THEIR ASSIGNMENTS THROUGH THE CHAIN OF COMMAND AND CONTINUE TO
REPORT TO THEIR TEAM OR BRANCH CHIEF WHO RETAINS THE AUTHORITY TO GRANT
LEAVE. MOREOVER, THE WORK ON A PROJECT OR TEST IS PERFORMED IN A
COLLEGIAL ATMOSPHERE IN WHICH AN INDIVIDUAL'S SCIENTIFIC EXPERTISE IS
PARAMOUNT. THUS, THE AUTHORITY OF PROJECT OR TEST LEADERS TO DIRECT
EMPLOYEES ASSIGNED IS LIMITED TO THE TECHNICAL CONDUCT OF THE PROJECT OR
TEST; ANY QUESTIONS OF DISCIPLINE, REWARDS, OR OVERTIME ARE NOT WITHIN
THE LEADERS' DISCRETION. ACCORDINGLY, AS THE INCUMBENTS EXERCISE NONE
OF THE INDICIA OF SUPERVISORY STATUS, THEY SHALL NOT BE EXCLUDED FROM
THE UNIT AS SUPERVISORS. /8/

THE INCUMBENTS' ALLEGED STATUS AS MANAGEMENT OFFICIALS SHALL BE
CONSIDERED TOGETHER WITH THE SECOND CATEGORY OF INCUMBENTS, SET FORTH
IMMEDIATELY BELOW, WHO ARE ALSO ALLEGED TO BE MANAGEMENT OFFICIALS:

PAUL I. HOWARD, MATHEMATICIAN-STATISTICIAN, GS-1529-13,

JOB NUMBER 1485.

DUANE E. LONG, RESEARCH CHEMIST, GS-1320-13, JOB NUMBER

1881.

EDWARD RENGERS, RESEARCH METEOROLOGIST, GS-1340-13, JOB

NUMBER 1757.

WILLIAM H. ROSE, OPERATIONS RESEARCH ANALYST,

GS-1515-13, JOB NUMBER 1539.

RONALD D. STRICKLETT, OPERATIONS RESEARCH ANALYST,

GS-1515-13, JOB NUMBER 1539.

THE AUTHORITY CONCLUDES THAT NONE OF THE INCUMBENTS OF POSITIONS IN
EITHER CATEGORY IS A MANAGEMENT OFFICIAL INASMUCH AS SUCH INCUMBENTS DO
NOT "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. /9/ THUS, ALL OF THE INCUMBENTS WORK AS EXPERTS IN
THEIR FIELDS AND THEIR WORK, WHILE GENERALLY LEFT UNCHANGED, IS
PERFORMED IN CONFORMANCE WITH THE ACTIVITY'S ESTABLISHED GUIDELINES FOR
RESEARCH AND TESTING. THEIR RESEARCH WORK IS GENERALLY ASSIGNED FROM
ABOVE, AND, ALTHOUGH ANY OF THE INCUMBENTS' RESEARCH WORK MAY LEAD TO
MAJOR SCIENTIFIC PROJECTS OR TESTS LATER UNDERTAKEN BY THE ACTIVITY,
SUCH RESEARCH WORK MUST FALL WITHIN THE ACTIVITY'S PREDETERMINED MISSION
AND IS SUBJECT TO SEVERAL LAYERS OF REVIEW-- INCLUDING REVIEW BY HIGHER
LEVELS WITHIN THE DEPARTMENT OF DEFENSE-- BEFORE THE ACTIVITY WILL
UNDERTAKE THE PROJECT OR TEST. THEREFORE, THE INCUMBENTS DO NOT
FORMULATE OR DETERMINE THE POLICIES OF THE ACTIVITY. RATHER, THEIR
INFLUENCE IS LIMITED TO THAT OF EXPERTS OR PROFESSIONALS RENDERING
ADVICE AND DOES NOT RISE TO THE LEVEL OF BRINGING ABOUT OR OBTAINING A
RESULT AS TO THE ADOPTION OF GENERAL PRINCIPLES, PLANS OR COURSES OF
ACTION FOR THE ACTIVITY. /10/

ACCORDINGLY, THE AUTHORITY CONCLUDES THAT ALL OF THE POSITIONS NOTED
ABOVE SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT.

THE ACTIVITY ALSO SEEKS TO EXCLUDE FROM THE EXCLUSIVELY RECOGNIZED
UNIT, AS MANAGEMENT OFFICIALS, THE INCUMBENTS OF THE FOLLOWING POSITIONS
LOCATED IN THE PLANS AND OPERATIONS DIRECTORATE OF THE ACTIVITY:

ERNEST H. BUHLMAN, PHYSICAL SCIENTIST, GS-1301-14, JOB

NUMBER 726.

ELLIOT G. PETERSON, PHYSICIST, GS-1301-14, JOB NUMBER

1716.

VICTOR PRATT, GENERAL ENGINEER, GS-0801-14, JOB NUMBER

1720.

THE AUTHORITY FINDS THAT THE POSITION ENCUMBERED BY ERNEST BUHLMAN IS
NOT THAT OF A MANAGEMENT OFFICIAL WITHIN THE MEANING OF SECTION
7103(A)(11) OF THE STATUTE INASMUCH AS THE INCUMBENT DOES NOT FORMULATE,
DETERMINE, OR INFLUENCE POLICIES OF THE ACTIVITY. THUS, UNDER THE
DIRECTORATE CHIEF'S SUPERVISION, HE PRIMARILY SERVES AS THE COORDINATOR
OF PROJECTS ASSIGNED FROM HIGHER LEVELS OF THE DEPARTMENT OF DEFENSE AND
OF PROJECTS ORIGINATING AT THE ACTIVITY LEVEL. IN THIS REGARD, HE IS
RESPONSIBLE FOR COORDINATING THE ACTIVITY'S FIVE YEAR PLAN AND, IN
ACCOMPLISHING THIS RESPONSIBILITY, HE CHAIRS A COMMITTEE STAFFED WITH
REPRESENTATIVES OF THE VARIOUS ACTIVITY DIRECTORATES. ALTHOUGH HIS
RECOMMENDATIONS ARE CONSIDERED BY THE COMMITTEE, HE SERVES AS A
NONVOTING MEMBER, AND THE COMMANDING OFFICER AND THE SCIENTIFIC DIRECTOR
MAKE THE DETERMINATIONS AS TO THE ACTIVITY'S FINAL COMMITMENT REGARDING
RESEARCH AND TESTING. THEREFORE, THE INCUMBENT NEITHER FORMULATES NOR
DETERMINES THE ACTIVITY'S POLICIES. RATHER, HIS INFLUENCE IS LIMITED TO
THAT OF RENDERING PROFESSIONAL ADVICE AND OF COORDINATING THE POLICIES
SET BY OTHERS. ACCORDINGLY, THE INCUMBENT SHALL BE INCLUDED IN THE
EXCLUSIVE UNIT.

FURTHER, THE AUTHORITY FINDS THAT THE POSITION ENCUMBERED BY ELLIOT
PETERSON IS NOT THAT OF A MANAGEMENT OFFICIAL WITHIN THE MEANING OF
SECTION 7103(A)(11) OF THE STATUTE INASMUCH AS THE INCUMBENT DOES NOT
FORMULATE, DETERMINE, OR INFLUENCE THE ACTIVITY'S POLICY. PETERSON HAS
TWO MAJOR RESPONSIBILITIES, BOTH OF WHICH INVOLVE PRIMARILY COORDINATION
ACTIVITIES. THUS, THE INCUMBENT SERVES AS THE ACTIVITY'S REPRESENTATIVE
WITH THE STATES OF UTAH AND COLORADO REGARDING THE ACTIVITY'S USE OF
TEST RANGES. IN ADDITION, HE COORDINATES THE ACTIVITY'S PURCHASE OF NEW
INSTRUMENTATION FOR USE IN TESTING. NEITHER OF THESE RESPONSIBILITIES
INVOLVES THE FORMULATION, DETERMINATION, OR INFLUENCING OF THE
ACTIVITY'S POLICIES. WITH RESPECT TO COORDINATION OF PURCHASING, THE
INCUMBENT'S RESPONSIBILITIES INVOLVE COORDINATION OF THE POLICIES
DEVELOPED BY OTHERS, AND THEREFORE HE DOES NOT BRING ABOUT OR OBTAIN
RESULTS WITH RESPECT TO THE ADOPTION OF GENERAL PRINCIPLES, PLANS OR
COURSES OF ACTION FOR THE ACTIVITY. /11/ ACCORDINGLY, THE INCUMBENT
SHALL BE INCLUDED IN THE EXCLUSIVE UNIT.

THE AUTHORITY ALSO FINDS THAT VICTOR PRATT'S POSITION IS NOT THAT OF
A MANAGEMENT OFFICIAL WITHIN THE MEANING OF SECTION 7103(A)(11) OF THE
STATUTE INASMUCH AS HE DOES NOT FORMULATE, DETERMINE, OR INFLUENCE THE
ACTIVITY'S POLICY. THUS, THE INCUMBENT SERVES PRIMARILY AS THE
ACTIVITY'S EXPERT WITH RESPECT TO ENVIRONMENTAL REGULATIONS,
PARTICULARLY THOSE OF THE ENVIRONMENTAL PROTECTION AGENCY. HE ADVISES
THE COMMANDER IN THIS AREA AND SERVES AS THE COMMANDER'S REPRESENTATIVE
ON ACTIVITY COMMITTEES DEVOTED TO COORDINATING ONGOING PROJECTS AND
TESTS WITH RESPECT TO THEIR ENVIRONMENTAL EFFECTS. HE NEITHER
FORMULATES NOR DETERMINES THE ACTIVITY'S ENVIRONMENTAL POLICY, AND HIS
INFLUENCE IS LIMITED TO THAT OF AN EXPERT RENDERING ADVICE WITH RESPECT
TO THE REGULATIONS INVOLVED. ACCORDINGLY, THE INCUMBENT SHALL BE
INCLUDED IN THE EXCLUSIVE UNIT.

FINALLY, THE ACTIVITY SEEKS TO EXCLUDE AS BOTH A MANAGEMENT OFFICIAL
AND SUPERVISOR THE POSITION ENCUMBERED BY BRUCE WILSON, OPERATIONS
RESEARCH ANALYST, GS-1515-13, JOB NUMBER 1717, IN THE DIRECTORATE FOR
MANAGEMENT INFORMATION SYSTEMS. WILSON PERFORMS ACTIVITY-WIDE COMPUTER
SERVICES, AS WELL AS THE ACTIVITY'S DATA PROCESSING FUNCTION. THE
POSITION IS LOCATED IN THE DIRECTORATE'S ADP SYSTEMS DIVISION.

THE AUTHORITY FINDS THAT WILSON'S POSITION IS NEITHER THAT OF A
SUPERVISOR NOR OF A MANAGEMENT OFFICIAL WITHIN THE MEANING OF SECTION
7103(A)(10) AND (11) OF THE STATUTE (SUPRA N. 5.) THUS, THE INCUMBENT
PRIMARILY IS RESPONSIBLE FOR PROVIDING COMPUTER PROGRAMMING ASSISTANCE
TO THE ACTIVITY'S ONGOING PROJECTS AS ASSIGNED OR REQUESTED, AND SERVES
AS AN INTERFACE BETWEEN THE PROGRAM AND THE COMPUTER PERSONNEL
RESPONSIBLE FOR DEVELOPING THOSE PROGRAMS. IN SOME CASES HE MAY ACT AS
A TEAM LEADER, HAVING TECHNICAL DIRECTION OVER SEVERAL EMPLOYEES.
HOWEVER, AS WITH THE ABOVE-NOTED PROJECT LEADERS AND TEST OFFICERS FOUND
NOT TO BE SUPERVISORS, WILSON HAS NO ADMINISTRATIVE CONTROL OVER
EMPLOYEES ASSIGNED TO HIS TEAM, AND THE TECHNICAL DIRECTION GIVEN BY HIM
TO THOSE ASSIGNED IS OF A ROUTINE NATURE AND NOT REQUIRING THE USE OF
INDEPENDENT JUDGMENT. SUCH DIRECTION IS GIVEN IN A COLLEGIAL ATMOSPHERE
WHEREIN TEAM MEMBERS GENERALLY WORK "WITH" RATHER THAN "FOR" THEIR TEAM
LEADER. MOREOVER, ALL WORK PERFORMED BY THE INCUMBENT, WHETHER ON HIS
OWN OR AS PART OF A TEAM, MUST BE IN CONFORMANCE WITH THE ACTIVITY'S
OVERALL POLICIES. THEREFORE, HE SERVICES SOLELY AS AN EXPERT PERFORMING
ASSIGNED FUNCTIONS AND DOES NOT FORMULATE, DETERMINE, OR INFLUENCE THE
ACTIVITY'S POLICY. ACCORDINGLY, THE INCUMBENT SHALL BE INCLUDED IN THE
EXCLUSIVE UNIT.

ORDER

IT IS HEREBY ORDERED THAT THE PETITION IN CASE NO. 7-CU-29, SEEKING
TO CLARIFY THE UNIT REPRESENTED EXCLUSIVELY BY THE NATIONAL ASSOCIATION
OF GOVERNMENT EMPLOYEES, LOCAL R14-62, TO EXCLUDE CERTAIN EMPLOYEES AS
SUPERVISORS OR MANAGEMENT OFFICIALS, BE, AND IT HEREBY IS, DISMISSED IN
ITS ENTIRETY.

ISSUED, WASHINGTON, D.C., MAY 20, 1982

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY

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

/1/ THE NAME OF THE ACTIVITY-PETITIONER APPEARS AS AMENDED AT THE
HEARING.

/2/ THE NAME OF THE INCUMBENT LABOR ORGANIZATION APPEARS AS AMENDED
AT THE HEARING.

/3/ THE PETITION ALSO SOUGHT TO AMEND THE CERTIFICATION TO CHANGE THE
NAME OF THE ACTIVITY TO THAT SET FORTH IN THE CAPTION. NOTING THE
PARTIES' STIPULATION IN THIS REGARD, THE AUTHORITY HEREBY AMENDS THE
CERTIFICATION AS REQUESTED.

/4/ THE PARTIES STIPULATED AS TO THE SUPERVISORY STATUS OF A 26TH
POSITION LISTED IN THE PETITION INASMUCH AS THE EMPLOYEE HAD BEEN
PROMOTED TO TEAM LEADER.

/5/ SEC. 7103. DEFINITIONS; APPLICATION

(A) FOR THE PURPOSES OF THIS CHAPTER--

. . . .

(10) "SUPERVISOR" MEANS 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 . . . ;

(11) "MANAGEMENT OFFICIAL" MEANS 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(.)

/6/ THE FOLLOWING POSITIONS WERE VACANT AT THE TIME OF THE HEARING:
JOB NUMBER 1713, PHYSICAL SCIENTIST, GS-1301-13; JOB NUMBER 579,
MICROBIOLOGIST, GS-0403-13; JOB NUMBER 2062, BIOLOGICAL SCIENTIST,
GS-0401-13; AND JOB NUMBER 1700, BIOLOGICAL SCIENTIST, GS-0401-13.
UNDER THESE CIRCUMSTANCES, THE AUTHORITY WILL NOT RESOLVE THE ISSUES
REGARDING THESE POSITIONS. SEE DEPARTMENT OF THE NAVY, AUTOMATIC DATA
PROCESSING SELECTION OFFICE, 7 FLRA NO. 24, AT N.11(1981).

/7/ INCUMBENTS BROWN, JONES, SUTTEN AND TAYLOR ALSO REPORT TO THEIR
RESPECTIVE SUPERVISORY TEAM LEADERS.

/8/ SEE ALSO NATIONAL OCEAN SURVEY, NATIONAL OCEANIC & ATMOSPHERIC
ADMINISTRATION, 6 FLRA NO. 43(1981) AND U.S. DEPARTMENT OF COMMERCE,
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, NATIONAL WEATHER
SERVICE, EASTERN REGION, 5 FLRA NO. 43(1981).

/9/ SEE DEPARTMENT OF THE NAVY, AUTOMATIC DATA PROCESSING SELECTION
OFFICE, 7 FLRA NO. 24(1981), IN WHICH THE AUTHORITY INTERPRETED THE
DEFINITION OF MANAGEMENT OFFICIAL UNDER SECTION 7103(A)(11) OF THE
STATUTE AND CONCLUDED THAT IT INCLUDES 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.

/10/ ID.

/11/ ID.