Department of the Army, Headquarters, Fort Huachuca and American Federation of Government Employees, Local 1662 (Authority decision, January 28, 1983)

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

The Army and AFGE Local 1662 sought clarification of the bargaining unit status of about 43 Fort Huachuca employees. The Authority excluded team leaders who directed civilian subordinates and made effective personnel recommendations with independent judgment. It retained Leonard Mistretta and Clyde Meade because they supervised only uniformed military personnel, who were not statutory employees for this purpose. It also retained the professionals listed as alleged management officials because they implemented rather than formulated agency policy. These were original petitions decided directly, with no regional director ruling to affirm or reverse.

Decision snapshot

• Authority: Representation and unit criteria under 5 U.S.C. § 7111(b)(2).
• Outcome: Qualifying civilian supervisors excluded; two military team leaders and listed professionals retained.
• Key point: Supervising only military personnel did not meet the statutory supervisor definition used for this bargaining unit.

Full text (FLRA public release)

[ v11 p180 ]

11:0180(40)CU

The decision of the Authority follows:

11 FLRA No. 40

DEPARTMENT OF THE ARMY, HEADQUARTERS,
FORT HUACHUCA, FORT HUACHUCA, ARIZONA
Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1662
Labor Organization/Petitioner

Case No. 8-CU-19

DEPARTMENT OF THE ARMY, HEADQUARTERS,
FORT HUACHUCA, FORT HUACHUCA, ARIZONA
Activity/Petitioner

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1662
Labor Organization

Case No. 8-CU-20

DECISION AND ORDER CLARIFYING UNIT

Upon petitions duly filed with the Federal Labor Relations Authority under section 7111(b)(2) of the Federal Service Labor-Management Relations Statute (the Statute), a consolidated 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 American Federation of Government Employees, AFL-CIO, Local 1662 (AFGE) was certified on December 28, 1971, as the exclusive bargaining representative for a unit of all wage grade and general schedule nonprofessional employees of the Headquarters U.S. Army Communications Command; U.S. Army Communications-Electronics Engineering Installation Agency; U.S. Army Communications-Electronics Installation Battalion; Headquarters, Fort Huachuca; U.S. Army Communications Security Logistics Activity; U.S. Army Communications Command Agency-Fort Huachuca; U.S. Army Communications Management Information Systems Activity; and U.S. Army Troop Support Agency-Western Field Office located at Fort Huachuca and serviced by the Headquarters, Fort Huachuca, Civilian Personnel Office. Essentially, the petitions, as amended, seek to clarify the bargaining unit status of approximately 43 employees based on the Activity/Petitioner's contention that these employees are supervisors, management officials or both. /1/ Supervisors /2/

The Activity/Petitioner contends that the employees listed in Appendix A and commonly referred to as "Team Leaders" or "Team Chiefs" are supervisors and should be excluded from the bargaining unit. The record establishes that two of these employees, Leonard Mistretta (Computer Specialist, GS-334-13) and Clyde Meade (Computer Specialist, GS-393-13), supervise only active duty military personnel. Section 7103(a)(10) of the Statute defines a "supervisor" as an individual having certain authority over "employees," and section 7103(a)(2) specifically excludes "a member of the uniformed services" from the statutory definition of "employee." Thus, the individuals supervised by Mistretta and Meade are not employees within the meaning of the Statute.
/3/ Therefore, the Authority finds that Mistretta and Meade are not supervisors as defined in the Statute and shall order that they remain in the unit.

As to the other employees listed in Appendix A, the record indicates that they assign and direct work and effectively recommend hiring, promotions, awards and discipline of subordinates. Further, the above duties are not merely routine or clerical in nature but require the consistent exercise of independent judgment. Accordingly, the Authority finds these employees are supervisors within the meaning of section 7103(a)(10) of the Statute and shall order that they be excluded from the unit. /4/ Management Officials /5/

The Activity/Petitioner contends that the employees listed in Appendix B 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 the incumbents listed in Appendix B are professionals whose actions assist 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 or responsibilities which require or 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. Accordingly, the Authority shall order that they remain in the bargaining unit.

ORDER

IT IS ORDERED that the unit sought to be clarified be, and it hereby is, clarified by including in said unit those employees listed in Appendix B as well as Leonard Mistretta (Computer Specialist, GS-334-13), and Clyde Meade (Computer Specialist, GS-393-13); and by excluding from said unit the employees listed in Appendix A except for Mistretta and Meade. Issued, Washington, D.C., January 28, 1983 Ronald W. Haughton, Chairman Henry B. Frazier III, Member Leon B. Applewhaite, Member FEDERAL LABOR RELATIONS AUTHORITY

APPENDIX A

Employees Alleged To Be Supervisors

(1) Robert Sechrist, Communications Management Specialist, GS-391-13

(2) Jay Raschke, Communications Management Specialist, GS-391-13

(3) Chester Cotton, Computer Specialist, GS

(4) Floyd R. Negley, Computer Specialist, GS-334-13

(5) Leonard Mistretta, Computer Specialist, GS-334-13

(6) George Lovering, Computer Specialist, GS-334-13

(7) James Denman, Computer Specialist, GS-334-13

(8) Paul Hird, Computer Specialist, GS-334-13

(9) Hershell McCraw, Computer Specialist, GS-334-13

(10) Vann Bryan, Computer Specialist, GS-334-13

(11) John Palm, Computer Specialist, GS-334-13

(12) Billy Crouch, Computer Specialist, GS-334-13

(13) Peter Pitts, Computer Specialist, GS-334-13

(14) Fred Dyes, Computer Specialist, GS-334-13

(15) Daniel Prado, Computer Specialist, GS-334-13

(16) John Ramsey, Computer Specialist, GS-334-13

(17) John Vivlano, Communications Specialist, GS-393-13

(18) Randall Wilson, Communications Specialist, GS-393-13

(19) William Perry, Communications Specialist, -gs-393-13

(20) Edward Sturm, Communications Specialist, GS-393-13

(21) Donald Blackmer, Communications Specialist, GS-393-13

(22) Billy Moore, Communications Specialist, GS-393-13

(23) William Kahrick, Communications Specialist, GS-393-13

(24) Clyde Meade, Communications Specialist, GS-393-13

(25) William Green, Communications Specialist, GS-393-13

(26) Harold Giles, Communications Specialist, GS-393-13

(27) Budd Arnold, Computer Specialist, GS-334-13

(28) Rodney Floyd, Computer Specialist, GS-334-13

(29) Charles Gord, Computer Specialist, GS-334-13

(30) Clyde McDaniel, Computer Specialist, GS-334-13

(31) Albert Niemeyer, Computer Specialist, GS-334-13

(32) James Plant, Computer Specialist, GS-334-13

(33) Bertel Rutia, Computer Specialist, GS-334-13

(34) Frederick Wright, Computer Specialist, GS-334-13

(35) Ival Secrest, Computer Specialist, GS-334-13

APPENDIX B

Employees Alleged To Be Management Officials

(1) Carlo Venditto, Computer Specialist, GS-334-13

(2) Richard Hagen, Communications Management Specialist, GS-391-13

(3) Edwin Coleman, Communications Management Specialist, GS-391-13

(4) Wyatt Arnold, Communications Management Specialist, GS-391-13

(5) Robert Corporon, Communications Management Specialist, GS-391-13

(6) Francisco Escobar, Communications Management Specialist, GS-391-13

(7) William Lenz, Communications Management Specialist, GS-391-13

(8) Ronald Knipfer, Communications Management Specialist, GS-391-13

(9) James Brown, Computer Specialist, GS-334-13

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

/1/ At the hearing, the parties entered into the following stipulation which is deemed a motion to amend the petition: Carlo Venditto, Computer Specialist, GS-334-13; and James Brown, Computer Specialist, GS-334-13, are not supervisors within the meaning of the Statute. The motion is hereby granted.

/2/ 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. . . .

/3/ See National Guard Bureau, State of New York, Division of Military and Naval Affairs, Albany, New York, 9 FLRA No. 2 (1982); The Adjutant General, Delaware National Guard, 9 FLRA No. 1 (1982).

/4/ As the Authority has found that Robert Sechrist, Communications Management Specialist, GS-391-13; and Jay Raschke, Communications Management Specialist, GS-391-13, are supervisors, it is unnecessary to pass upon the Activity's contention that they are also management officials, and they have not been listed in Appendix B.

/5/ 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 . . . .