U.S. Forest Service and National Federation of Federal Employees, Local 60 (Authority decision, September 27, 1983)

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

Plain-English summary

The Forest Service asked whether fifteen professional employees belonged in an NFFE bargaining unit. The Authority excluded seven who developed national or regional policy in geology, wildlife, cultural resources, landscaping, forest products, or forestry. It kept the remaining employees in the unit because their work implemented rather than shaped agency policy. The outcome is classified as other because this was an original unit clarification petition, without review of a Regional Director decision.

Decision snapshot

• Authority: 5 U.S.C. § 7103(a)(11).
• Outcome: Seven employees excluded as management officials; remaining employees retained.
• Key point: Professional employees were excluded only when their duties authorized them to formulate or influence agency policy.

Full text (FLRA public release)

[ v13 p84 ]

13:0084(22)CU

The decision of the Authority follows:

13 FLRA No. 22

UNITED STATES DEPARTMENT OF AGRICULTURE
FOREST SERVICE
Activity

and

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 60
Petitioner

Case No. 7-CU-37

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 (NFFE) was certified on July 23, 1979 as the exclusive representative of a nationwide consolidated unit of professional employees and a separate nationwide consolidated unit of all nonprofessional employees of the United States Department of Agriculture, Forest Service. /1/ Essentially the petition seeks to clarify the bargaining unit status of fifteen employees in view of the Activity's contentions that they are management officials /2/ and must be excluded from the bargaining unit. /3/

The Activity contends that the employees listed in the Appendix are management officials and should be excluded from the unit. In the lead case of Department of the Navy, Automatic Data Processing Selection Office, 7 FLRA No. 24 (1981), the Authority interpreted the statutory definition of "management official" to include 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. Applying these criteria to the instant case, the Authority finds that Billy Hicks (Geologist, GS-1350-13), Robert Gale (Wildlife Biologist, GS-486-13), Ernestine Green (Archeologist, GS-193-13), Ronald Rhoads (Landscape Architect, GS-807-13), Allen Hearst (Forest Products Technologist, GS-1380-13), Joseph Gorsch (Forester, GS-460-13), and Peter Laird (Forester, GS-460-13) are management officials and shall order their exclusion from the bargaining unit. Thus the record establishes that Hicks has created a nationwide policy for the management of the geological resources program throughout the Forest Service and has developed regional policy in the area of paleontology and other aspects of the regional geology programs; that Gale has developed nationwide policy with respect to threatened and endangered species and has developed regional procedures for integrating oil and gas leasing with threatened and endangered species' needs; that Green has developed policies at the national and regional level in the area of preservation of cultural resources; that Rhoads has developed regional policies with respect to landscape management; that Hearst has developed regional policy in the area of forest products utilization and represents the Activity on the Idaho Woodland Council where he has signatory authority to bind the Activity and its resources; that Gorsch has developed regional policy by setting standards and guidelines for helicopter use in logging and for the mechanics of getting the timber from the stump to the truck; and that Laird has developed regional policy in the area of reforestation and silviculture. It follows that their responsibilities require and authorize them to 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.

With respect to the other alleged management officials, the Authority finds they are professionals whose actions assists in implementing as opposed to shaping, the Activity's policies. Thus, the record is clear that these incumbents are not management officials in that they do not exercise any duties and responsibilities which require or authorize them to formulate, determine, or influence the policies of the Activity within the meaning of section 7103(a)(11). Accordingly, the Authority finds that these incumbents should remain in the bargaining unit.

ORDER

IT IS ORDERED that the unit sought to be clarified herein be, and it hereby is, clarified by excluding from said unit Billy Hicks (Geologist, GS-1350-13), Robert Gale (Wildlife Biologist, GS-486-13) Ernestine Green, Archeologist, GS-193-13), Ronald Rhoads (Landscape Architect, GS-807-13), Allen Hearst (Forest Products Technologist, GS-1380-13), Joseph Gorsch (Forester, GS-460-13), and Peter Laird (Forester, GS-460-13), and including in said unit the remaining employees listed in the Appendix. Issued, Washington, D.C., September 27, 1983 Barbara J. Mahone, Chairman Ronald W. Haughton, Member Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY

APPENDIX

EMPLOYEES ALLEGED TO BE MANAGEMENT OFFICIALS

1) Harry Sirbert, Civil Engineer, GS-810-13

2) Richard Ramos, Systems Accountant, GS-510-13

3) Billy Hicks, Geologist, GS-1350-13

4) Robert Gale, Wildlife Biologist, GS-486-13

5) Ernestine Green, Archeologist, GS-193-13

6) Ronald Rhoads, Landscape Architect, GS-807-13

7) Allen Hearst, Forest Products Technologist, GS-1380-13

8) Ralph Johnson, Forester, GS-460-13

9) Earl Reinsel, Forester, GS-460-13

10) Robert Gorsuch, Forester, GS-460-13

11) William Magnuson, Forester, GS-460-13

12) John Puckett, Forester, GS-460-13

13) Edward Heist, Forester, GS-460-13

14) Joseph Gorsch, Forester, GS-460-13

15) Peter Laird, Forester, GS-460-13

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

/1/ The National Federation of Federal Employees, Local 60, (Petitioner) is the agent of the National Union for that segment of employees in the nationwide units located in Region I, Northern Region of the United States Department of Agriculture, Forest Service.

/2/ Section 7103(a)(11) of the Statute defines a "management official" as:

. . . 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.
. . .

/3/ At the hearing, the Petitioner with the consent of the Activity and the hearing officer amended its petition by withdrawing one position from consideration by the Authority on the grounds that the position was now vacant.