Forest Service, Mt. Baker-Snoqualmie National Forest and NFFE Local 34 (Authority decision, December 23, 1982)

Final FLRA representation decision. The Authority resolves an original petition concerning a bargaining unit under 5 U.S.C. §§ 7111 and 7112. The matter involves an appropriate-unit determination; 5 U.S.C. § 7123(a)(2) excludes such orders from the ordinary 60-day court of appeals review provision.

Plain-English summary

NFFE Local 34 and the Forest Service asked the Authority to decide whether two employees belonged in a nationwide bargaining unit. The Authority found that civil engineering technician Lionel Compton did not exercise independent supervisory judgment, so he remained in the unit. It found that civil engineer James Maher did exercise such judgment in assigning and directing subordinates, so he was excluded. This was an original unit petition decided by the Authority, with no regional director decision to review.

Decision snapshot

• Authority: 5 U.S.C. § 7103(a)(10).
• Outcome: Compton included in the unit; Maher excluded.
• Key point: Supervisory status turned on whether assigning and directing work required independent judgment.

Full text (FLRA public release)

[ v10 p682 ]

10:0682(116)CU

The decision of the Authority follows:

10 FLRA No. 116

U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE, PACIFIC NORTHWEST
REGION, MT. BAKER-SNOQUALMIE
NATIONAL FOREST
SEATTLE, WASHINGTON
Activity

and

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 34, INDEPENDENT
Labor Organization/Petitioner

Case No. 9-CU-48

U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE, PACIFIC NORTHWEST
REGION, MT. BAKER-SNOQUALMIE
NATIONAL FOREST
SEATTLE, WASHINGTON
Activity/Petitioner

and

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 34, INDEPENDENT
Labor Organization

Case No. 9-CU-51

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 National Federation of Federal Employees was certified on July 23, 1979 as the exclusive bargaining representative for a nationwide consolidated unit of all professional and nonprofessional employees of the Forest Service, U.S. Department of Agriculture. /1/ In Case No. 9-CU-48, NFFE seeks to clarify the status of Lionel Compton, Civil Engineering Technician, GS-802-90, who the Activity contends should be excluded from the unit on the ground that he is a supervisor. In Case No. 9-CU-51, the Activity seeks to clarify the status of James Maher, Civil Engineer, Right Away Specialist, GS-810-11, who it contends should be excluded from the unit on the ground that he is a supervisor.

In Case No. 9-CU-48, the Authority finds, in agreement with NFFE, that Lionel Compton is not a supervisor within the meaning of section 7103(a)(10) of the Statute. /2/ Although Compton may have some responsibility for assigning work to his subordinate and directing him in the performance of that work, such functions are routine in nature and do not require the consistent exercise of independent judgment. In this regard, Compton testified, without contradiction, that his relationship to his subordinate is that of a senior employee to a junior in which, as equal members of the team, they discuss each task to be done and plan a course of action. Nor does Compton exercise any of the other statutory indicia of supervisory authority. Accordingly, Compton shall remain in the unit.

In Case No. 9-CU-51, the Authority finds, in agreement with the Activity, that James Maher is a supervisor within the meaning of section 7103(a)(10) of the Statute. Thus, the record establishes that Maher assigns and directs work of subordinates and that these duties are not merely routine or clerical in nature, but require the consistent exercise of independent judgment. Accordingly, Maher must be excluded from the unit.

ORDER

IT IS HEREBY ORDERED that the unit sought to be clarified in Case Nos. 9-CU-48 and 9-CU-51 be, and it hereby is, clarified by including in said unit Lionel Compton, Civil Engineering Technician, GS-802-09 and by excluding from said unit James Maher, Civil Engineer, Right Away Specialist, GS-810-11. /3/ Issued, Washington, D.C., December 23, 1982 Ronald W. Haughton, Chairman Henry B. Frazier III, Member Leon B. Applewhaite, Member FEDERAL LABOR RELATIONS AUTHORITY

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

/1/ The National Federation of Federal Employees, Local 34, Independent (NFFE), a constituent of the Forest Service Council, is the agent of the national union for that segment of employees in the nationwide unit located at Mt. Baker-Snoqualmie National Forest.

/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/ In view of the nationwide consolidation, the Authority finds that NFFE, Local 34's request to amend the earlier certification of its previously existing local unit, which was incorporated into the overall consolidated unit, is moot. E300110A 11 FLRA (C.D.P. - 2/22/83)