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60 FLRA No. 2
U. S. Dept. of Energy, Western Area Power Administration, Lakewood, Colorado and AFGE, AFL-CIO Case Nos.DE-RP-02-0026, DE-RP-02-0027, DE-RP-02- 0036 (Decided June 14, 2004)
Although the RD decided the bargaining unit status of eleven positions in resolving the petitions, only one of those determinations was at issue in this application. The Authority found that the RD failed to apply established law. Accordingly, the Authority granted the Agency's application for review and directed the RD to clarify the unit to exclude the position.
Applying the definition of supervisor set forth in § 7103(a)(10) of the Statute, the Authority noted that it has consistently held that an employee will be found to be a supervisor if the employee consistently exercises independent judgment with regard to the supervisory indicia set forth in that section. An employee need exercise only one of the responsibilities set forth in § 7103(a)(10) in conjunction with independent judgment in order to be found a supervisor. Where an employee's actions in connection with any of the supervisory indicia are of a routine nature, entailing the exercise of very little judgment or no consistent exercise of discretion, the employee will not be found to be a supervisor. Based on its precedent and the record, the Authority found that the employee in question was a supervisor within the meaning of 7103(a)(10) of the Statute and that the RD failed to apply established law in reaching a contrary result.