Vandenberg Air Force Base Fire Department and Firefighters Local F-116 (Authority decision, August 6, 1982)

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

Firefighters Local F-116 sought to include assistant fire chiefs and station chiefs in its unit at Vandenberg Air Force Base. The Authority found that both groups spent most of their work time exercising independent supervisory authority and dismissed the petition. This was an original unit-clarification petition with no Regional Director decision under review, so the outcome label is other.

Decision snapshot

• Authority: 5 U.S.C. § 7103(a)(10).
• Outcome: Petition dismissed; chiefs excluded as supervisors.
• Key point: The firefighter-specific supervisory rule turned on the amount of time spent supervising.

Full text (FLRA public release)

[ v09 p893 ]

09:0893(120)CU

The decision of the Authority follows:

9 FLRA No. 120

FIRE DEPARTMENT, 4392D AEROSPACE
SUPPORT GROUP, VANDENBURG AIR FORCE BASE,
CALIFORNIA /1/
Activity

and

THE INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, AFL-CIO, CLC,
LOCAL F-116 /2/
Petitioner

Case No. 8-CU-27

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 HEREBY AFFIRMED.

UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
PARTIES' CONTENTIONS, THE AUTHORITY FINDS: THE INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS, AFL-CIO, CLC, LOCAL F-116 (PETITIONER) WAS
RECOGNIZED BY THE ACTIVITY ON JANUARY 7, 1966, AS THE EXCLUSIVE
BARGAINING REPRESENTATIVE FOR A UNIT OF ALL EMPLOYEES OF THE FIR
PROTECTION BRANCH, 4392D AEROSPACE SUPPORT GROUP, VANDENBURG AIR FORCE
BASE, CALIFORNIA, WHO ARE ELIGIBLE FOR MEMBERSHIP IN THE UNION.
ESSENTIALLY, THE PETITION SEEKS TO CLARIFY THE BARGAINING UNIT STATUS OF
THE INCUMBENTS IN CERTAIN JOB CLASSIFICATIONS BASED ON THE ACTIVITY'S
CONTENTIONS THAT THEY ARE SUPERVISORS AND MANAGEMENT OFFICIALS.

SUPERVISORS /3/

THE ACTIVITY CONTENDS THAT THE INCUMBENTS IN THE JOB CLASSIFICATION
OF SUPERVISORY FIREFIGHTER, GS-081-10 (ASSISTANT FIRE CHIEF), AND
SUPERVISORY FIREFIGHTER, GS-081-07 (STATION CHIEF), ARE SUPERVISORS AND
SHOULD BE EXCLUDED FROM THE BARGAINING UNIT. OF THESE, THE RECORD
ESTABLISHES THAT THE INCUMBENTS IN THE JOB CLASSIFICATION SUPERVISORY
FIREFIGHTER, GS-081-10, ASSIGN WORK, DIRECT, TRANSFER AND RECALL, ADJUST
GRIEVANCES AND DISCIPLINE SUBORDINATES, EFFECTIVELY RECOMMEND HIRING OF
AND AWARDS TO SUBORDINATES; AND THE INCUMBENTS IN THE JOB
CLASSIFICATION SUPERVISORY FIREFIGHTER, GS-081-07, ASSIGN WORK, ADJUST
GRIEVANCES AND DISCIPLINE SUBORDINATES, AND HAVE EFFECTIVELY RECOMMENDED
HIRING OF AND AWARDS TO SUBORDINATES. FURTHER, THE RECORD REFLECTS AND
THE AUTHORITY FINDS THAT ASSISTANT FIRE CHIEFS AND STATION CHIEFS DEVOTE
A PREPONDERANCE OF THEIR EMPLOYMENT TIME IN EXERCISING SUCH DUTIES WHICH
ARE NOT MERELY ROUTINE OR CLERICAL IN NATURE, BUT REQUIRE THE CONSISTENT
EXERCISE OF INDEPENDENT JUDGMENT. /4/ ACCORDINGLY THESE INCUMBENTS ARE
SUPERVISORS WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE STATUTE AND
SHALL BE EXCLUDED FROM THE UNIT. /5/

ORDER

IT IS HEREBY ORDERED THAT THE PETITION HEREIN BE DISMISSED.

ISSUED, WASHINGTON, D.C., AUGUST 6, 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 APPEARS AS AMENDED AT THE HEARING.

/2/ THE NAME OF THE PETITIONER APPEARS AS AMENDED AT THE HEARING.

/3/ 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, EXCEPT
THAT, WITH RESPECT TO ANY

UNIT WHICH INCLUDES FIREFIGHTERS OR NURSES, THE TERM 'SUPERVISOR'
INCLUDES ONLY THOSE

INDIVIDUALS WHO DEVOTE A PREPONDERANCE OF THEIR EMPLOYMENT TIME TO
EXERCISING SUCH

AUTHORITY(.)

/4/ SEE 2750TH AIR BASE WING, AIR FORCE LOGISTICS COMMAND,
WRIGHT-PATTERSON AIR FORCE BASE, OHIO, 9 FLRA 118(1982) AND VETERANS
ADMINISTRATION MEDICAL CENTER, FAYETTEVILLE NOTYH CAROLINA, 8 FLRA
ADMINISTRATION&UEDICAL0CENTER,0FJYNTTNVILTE&NOTY H0CAROTIVA, 80FLZA NO.
115(1982).

/5/ THEREFORE, IT IS UNNECESSARY TO PASS UPON THE ACTIVITY'S
ADDITIONAL ASSERTION THAT THE INCUMBENTS IN THE JOB CLASSIFICATION
SUPERVISORY FIREFIGHTER, GS-081-10 SHOULD ALSO BE EXCLUDED FROM THE UNIT
ON THE BASIS THAT THEY ARE MANAGEMENT OFFICIALS.