U.S. Forest Service, Shasta-Trinity National Forest and National Federation of Federal Employees, Local 1771 (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 sought to exclude computer technician Linda Shoemaker from an NFFE bargaining unit. The Authority found that she assigned and directed work and effectively recommended hiring, layoffs, and awards using independent judgment. It classified her as a supervisor and removed her position from the unit. 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)(10).
• Outcome: Unit clarified to exclude Linda Shoemaker.
• Key point: Independent personnel authority made the technician a supervisor under the Statute.

Full text (FLRA public release)

[ v13 p92 ]

13:0092(24)CU

The decision of the Authority follows:

13 FLRA No. 24

U.S. DEPARTMENT OF AGRICULTURE
UNITED STATES FOREST SERVICE
SHASTA-TRINITY NATIONAL FOREST
Activity/Petitioner /1/

and

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1771
Labor Organization

Case No. 9-CU-52

DECISION AND ORDER CLARIFYING UNIT

Upon a petition duly filed with the 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 bargaining representative for a nationwide consolidated unit of all professional and nonprofessional employees of the Forest Service, U.S. Department of Agriculture. /2/ Essentially, the petition seeks to clarify the bargaining unit status of Linda Shoemaker, Computer Technician, GS-335-06, based on the Activity/Petitioner's contention that she is a supervisor.

The Authority finds, in agreement with the Activity/Petitioner, that Linda Shoemaker, Computer Technician, GS-335-06, is a supervisor within the meaning of section 7103(a)(10) of the Statute. /3/ Thus, the record establishes that Shoemaker assigns and directs work; that she has effectively recommended the hiring and layoff of subordinates and awards for them; and that these duties are not merely routine or clerical in nature but require the consistent exercise of independent judgment. Accordingly, Shoemaker is a supervisor within the meaning of section 7103(a)(10) of the Statute and must be excluded from the unit. /4/

ORDER

IT IS ORDERED that the unit sought to be clarified herein be, and it hereby is, clarified by excluding from said unit Linda Shoemaker, Computer Technician, GS-335-06. Issued, Washington, D.C., September 27, 1983 Barbara J. Mahone, Chairman Ronald W. Haughton, Member Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY

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

/1/ The name of the Activity/Petitioner appears as amended at the hearing.

/2/ NFFE, Local 1771 is the representative of the National Union for the segment of employees in the nationwide unit located at Shasta-Trinity National Forest.

/3/ Section 7103(a)(10) 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/ In applying the definition of supervisor, the Authority notes that while the certified bargaining unit herein may include certain incumbents in firefighter positions, it was neither alleged nor shown that Shoemaker was employed in one of these positions. See Department of the Navy, Naval Undersea Warfare Engineering Station, Keyport, Washington, 7 FLRA No. 78 (1981), where the Authority concluded "that the preponderance of time test contained within the definition of supervisor in section 7103(a)(10) of the Statute applies only to firefighters and nurses and not to other types of employees who happen to be in units with firefighters or nurses."