United States Army Materiel Development and Readiness Command, Automated Logistics Management Systems Activity and NFFE Local 1763 (Authority decision, October 19, 1984)

Final FLRA decision. The Authority clarifies a bargaining unit by deciding which positions are included. This is an appropriate unit determination under 5 U.S.C. § 7112. Section 7123(a)(2) excludes such an order from judicial review in a court of appeals.

Plain-English summary

NFFE Local 1763 sought clarification of the bargaining unit at an Army logistics systems activity in St. Louis. The activity argued that employees in 16 job classifications were supervisors and should be excluded. The Authority found that the incumbents assigned and directed work using independent judgment, and that one also effectively recommended awards. It ordered the unit clarified to exclude incumbents in all 16 classifications. The outcome is marked other because the Authority decided an original unit clarification petition, with no Regional Director decision to affirm or set aside.

Decision snapshot

• Authority: Supervisor definition under 5 U.S.C. § 7103(a)(10); unit clarification under § 7111(b)(2).
• Outcome: Incumbents in 16 job classifications excluded from the bargaining unit.
• Key point: Directing and assigning work with consistent independent judgment made the incumbents supervisors under the statute.

Full text (FLRA public release)

[ v16 p248 ]

16:0248(34)CU

The decision of the Authority follows:

16 FLRA No. 34

U.S. ARMY MATERIEL DEVELOPMENT AND
READINESS COMMAND, AUTOMATED LOGISTICS
MANAGEMENT SYSTEMS ACTIVITY
ST. LOUIS, MISSOURI
Activity

and

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1763
Petitioner

Case No. 7-CU-30014

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 careful consideration of the entire record, including the parties' contentions, the Authority finds: The National Federation of Federal Employees, Local 1763 (NFFE) was certified as the exclusive representative for a unit of all professional and nonprofessional classification act and wage grade employees employed by the U.S. Army Materiel Development and Readiness Command, Automated Logistics Management Systems Activity (ALMSA), and all U.S. Army Materiel Development and Readiness Command Interns with duty station at ALMSA. Essentially, the petition seeks to clarify the bargaining unit status of approximately 45 incumbents in 16 job classifications based on the Activity's allegations that they are supervisors /1/ and must be excluded from the unit. Of these, the record establishes that the incumbents in the job classifications listed below assign and direct work:

Computer Systems Programmer, GM-0334-13, JN 2257

Computer Equipment Analyst, GM-0334-13, JN 2289

Computer Equipment Analyst, GM-0334-13, JN 2290

Computer Systems Programmer, GM-0334-13, JN 2315

Computer Systems Programmer, GM-0334-13, JN 2359

Management Analyst, GS-0343-12, JN 1826

Budget Analyst, GS-0560-12, JN 2175

Management Analyst, GS-0343-12, JN 2367

Computer Programmer Analyst, GM-0334-13, JN 2221

Supply Systems Analyst, GM-2003-13, JN 2225

General Engineer, GM-0801-13, JN 2208

Supply Systems Analyst, GM-2003-13, JN 2228

Logistics Management Specialist, GM-0346-13, JN 2288

Systems Accountant, GM-0510-13, JN 2258

Computer Programmer Analyst, GM-0334-13, JN 2283

Procurement and Production Analyst, GM-1101-13, JN 2311

Additionally the incumbent in the job classification Budget Analyst, GS-0560-12, JN 2175 assigns and directs work and has effectively recommended subordinates for awards. Further, the Authority finds that the above duties are not merely routine or clerical in nature but require the consistent exercise of independent judgment. Accordingly, these incumbents are supervisors within the meaning of section 7103(a)(10) of the Statute, and the Authority shall order that they be excluded from the unit.

ORDER

IT IS HEREBY ORDERED that the unit sought to be clarified herein be, and it hereby is, clarified by excluding from said unit the incumbents in the following job classifications:

Computer Systems Programmer, GM-0334-13, JN 2257

Computer Equipment Analyst, GM-0334-13, JN 2289

Computer Equipment Analyst, GM-0334-13, JN 2290

Computer Systems Programmer, GM-0334-13, JN 2315

Computer Systems Programmer, GM-0334-13, JN 2359

Management Analyst, GS-0343-12, JN 1826

Budget Analyst, GS-0560-12, JN 2175

Management Analyst, GS-0343-12, JN 2367

Computer Programmer Analyst, GM-0334-13, JN 2221

Supply Systems Analyst, GM-2003-13, JN 2225

General Engineer, GM-0801-13, JN 2208

Supply Systems Analyst, GM-2003-13, JN 2228

Logistics Management Specialist, GM-0346-13, JN 2288

Systems Accountant, GM-0510-13, JN 2258

Computer Programmer Analyst, GM-0334-13, JN 2283

Procurement and Production Analyst, GM-1101-13, JN 2311

Issued, Washington, D.C., October 19, 1984 Henry B. Frazier III, Acting Chairman Ronald W. Haughton, 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(.)