ALASKA LABOR RELATIONS AGENCY
3301 EAGLE STREET, SUITE 208
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ANCHORAGE, ALASKA 99510-7026
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ALASKA STATE EMPLOYEES ASSíN/	)
AFSCME LOCAL 52, AFL-CIO,	)
(Janice R. Gamble, PCN 11-1284),)
				)
	Petitioner,		)
				)
vs. 				)
				)
STATE OF ALASKA, DEPARTMENT	)
OF FISH & GAME,			)
	Respondent,		)
and				)
				)
ALASKA PUBLIC EMPLOYEES ASSíN/	)
AFT, AFL-CIO,			)
	Intervenor. 		)
________________________________)
Case No. 96-458-UC (96-475-UC Consol.)

DECISION AND ORDER NO. 226

Digest: The bargaining unit placement of an accounting technician I position, PCN 11-1284, is appropriately in the supervisory bargaining unit represented by the Alaska Public Employees Association/AFT, AFL-CIO.

DECISION

Statement of the Case

On October 19, 1995, the Alaska State Employees Association/AFSCME Local 52, AFL-CIO (ASEA) filed this petition to clarify the bargaining unit status of an accounting technician II position in the Department of Fish and Game, Division of Commercial Fisheries Management and Development, after the State of Alaska notified that it intended to move the position to the supervisory bargaining unit. On December 7, 1995, Alfred L. Tamagni, Chair of the Alaska Labor Relations Agency, delegated the authority to hear the case to the hearing officer. On December 7, 1995, Alfred L. Tamagni, Sr., chair, and board members James W. Elliott and Raymond P. Smith were assigned to decide the case. On December 18, 1995, ASEA moved for a stay of the proceedings. The State and Alaska Public Employees Association/AFT, AFL-CIO (APEA) both opposed the motion. The hearing officer on January 4, 1996, ordered the hearings postponed. The State on February 15, 1996, filed a motion to dismiss these petitions or in the alternative to obtain a hearing. ASEA opposed the motion on February 27, 1996. On March 7, 1996, the hearing officer denied the motion to dismiss and granted the request for hearings.

The case was consolidated for hearing with 95-426-UC, 96-453-UC, 96-469-UC, 96-470-UC, 96-473-UC, 96-474-UC, and 96-475-UC and heard on May 1, 1996, before Hearing Officer Jean Ward. The record closed on May 1, 1996.

On June 18, 1997, the Agency amended the panel assignment to substitute board member Robert A. Doyle for member James W. Elliott.

Panel: Alfred L. Tamagni, Sr., chair, and board members Robert A. Doyle and Raymond P. Smith, participating after review of the record.

Appearances: Stan Hafferman, business agent, for petitioner Alaska State Employees Association/AFSCME Local 52, AFL-CIO; Art Chance, labor relations specialist, for respondent State of Alaska; and Dennis Geary, business agent, for intervenor Alaska Public Employees Association/AFT AFL-CIO.

Issue

1. Is the appropriate unit for an accounting technician II position (PCN 11-1284) the supervisory unit or the general government unit?

Summary of the Evidence

A. Exhibits.

The parties presented the following joint exhibits, which were admitted into the record:

J1. Extract, State and ASEA collective bargaining agreement (1990-1992/93) (recognition clause);

J2. Letter of agreement extending the ASEA collective bargaining agreement (July 1, 1995--June 30, 1996);

J3. Extract, State and APEA collective bargaining agreement (Dec. 1, 1995-June 30, 1996) (recognition clause);

J4. Letter of agreement extending the APEA collective bargaining agreement (until June 30, 1995); and

J5. Class specification for accounting technician (Nov. 16, 1989).

Respondent State of Alaska offered the following exhibit, which was admitted into the record:

A. In re Alaska State Employees Assín, AFSCME Local 52, AFL-CIO and State of Alaska, Opinion and Award (Mar. 26, 1996) (Dorsey, Arb.).

B. Testimony.

The parties did not present the testimony of any witnesses.

C. Agency case file. 8 AAC 97.410.

Preliminary Matter

On March 4, 1997, ASEA filed a statement of issues that included a list of 14 legal issues. Some of the issues were not developed in any meaningful way. Those issues that ASEA did not pursue seriously or support with any authorities or policy are considered abandoned. ASEA expanded on several of the legal issues in its brief filed on April 15, 1996. Those issues were addressed in State v. Alaska State Employees Assín/AFSCME Local 52, AFL-CIO, Decision & Order No. 219 (May 27, 1997), appeal pending No. 3AN-95-9083 CI (Super. Ct., filed June 15, 1997), and Alaska State Employees Assín/AFSCME Local 52, AFL-CIO (Fantazzi) v. State, Decision & Order No. 223 (Aug. 7, 1997). We rely on those cases and do not repeat their discussion here.

Findings of Fact

The panel, by a preponderance of the evidence, finds the facts as follows:

1. The Alaska State Employees Association/AFSCME Local 52, AFL-CIO (ASEA) is the recognized bargaining representative of the general government unit of State of Alaska employees. Exhs. J1 & J2.

2. The Alaska Public Employees Association/AFT, AFL-CIO (APEA) is the recognized bargaining representative of the supervisory unit of State of Alaska employees. Exh. J3.

3. The position of accounting technician I at issue, PCN 11-1284, is in the Department of Fish and Game, Division of Commercial Fisheries Management and Development, Anchorage Administrative Section.

4. Janice R. Gamble, incumbent in PCN 11-1284, formerly was an accounting clerk III, which has been in the general government unit.

5. On September 5, 1995, the personnel specialist for the department reclassified the position to an accounting technician I and requested review for proper bargaining unit placement. E. Williams, memorandum to B. Reaume (Sept. 5, 1995). The reason for the change was a reorganization that had resulted in the assignment of new duties, including supervision of a work unit. Id.

6. The supervisory responsibilities questionnaire for PCN 11-1284 shows that Gamble takes personnel action for three employees without being required to inform her supervisor in advance in areas of appoint, promote, transfer, discharge, suspend, and settle or decide grievances. Supervisory responsibilities questionnaire for PCN 11-1284, at 1-2 (Sept. 5, 1995).

7. Although Gamble has authority to settle grievances without being required to inform her supervisor in advance, the supervisory questionnaire shows that she is unable to exercise the authority while her position is in the same bargaining unit as her subordinates. Id.

8. Gamble supervises three accounting clerk IIIs, PCN 11-5189, PCN 11-5039, PCN 11-1301. One of these positions is vacant. Id., at 1; position description questionnaire for PCN 11-1284, at 7 (Sept. 5, 1995); addendum organizational chart for Anchorage administrative section.

9. Gambleís position description questionnaire (PDQ) shows that she has full authority in the listed supervisory functions appoint, promote, transfer, suspend, discharge, and grievances. Position description questionnaire for PCN 11-1284, at 7.

10. The PDQ describes the essential functions of this accounting technician position as responsibility for auditing and overseeing the transactions and expenditures of a number of programs. Included among the essential duties was the supervision of three accounting clerk IIIs:

The incumbent directly supervises three Accounting Clerk IIIís and is responsible for planning and assigning their work; and prepares and implements policies and procedures to facilitate completion of their assigned tasks. The incumbent prepares administrative staff job descriptions and related performance standards and writes performance evaluations. The incumbent assigns program/project and ledger code responsibility to the appropriate Accounting Clerk. Disciplinary actions, including grievance resolution, are taken by the incumbent, and are sometimes done in consultation with the Departmentís Human Resource Manager to insure fairness and legality.

These duties were estimated to take about 20 percent of Gambleís work time. Id., at 4.

Conclusions of Law

1. The State of Alaska is a public employer under AS 23.40.250(7), and the Alaska State Employees Association/AFSCME Local 52, AFL-CIO, and the Alaska Public Employees Association/AFT, AFL-CIO are organizations under AS 23.40.250(5). This Agency has jurisdiction under AS 23.40.090.

2. The ASEA, as the petitioner, has the burden to prove each element of its case by a preponderance of the evidence. 8 AAC 97.350(f).

3. Under 8 AAC 97.090 a bargaining unit of State employees may not properly combine supervisory personnel with nonsupervisory personnel.

4. We have found a separate supervisory unit to be the appropriate unit for State employees who meet the definition of "supervisory employee" in 8 AAC 97.990(a)(5). State v. Alaska State Employees Assín/AFSCME Local 52, AFL-CIO, Decision & Order No. 219, at 15-17.

5. Gamble, incumbent in PCN 11-1284, has the authority to act in the interest of the State in the areas of employing, discipline, and grievance adjudication.

6. Under the definition of "supervisory employee" in 8 AAC 97.990(a)(5), PCN 11-1284 is a "supervisory employee."

7. This supervisory responsibility provides a greater community of interest with the supervisory unit than the general government unit.

8. These supervisory duties are significant working conditions that PCN 11-1284 shares with other members of the supervisory unit.

9. Because PCN 11-1284 is a "supervisory employee" it shares a community of interest and working conditions with the supervisory unit despite its previous shared history and contract terms with the general government unit, and under AS 23.40.090, we conclude the appropriate bargaining unit is the supervisory unit.

ORDER

1. The petition of the Alaska State Employees Association/AFSCME Local 52, AFL-CIO to declare the accounting technician II PCN 11-1284 appropriately in the general government unit is DENIED;

2. The accounting technician II PCN 11-1284 is appropriately in the supervisory unit; and

3. The State of Alaska is ordered to post a notice of this decision and order at all work sites where members of the bargaining unit affected by the decision and order are employed or, alternatively, serve each employee affected personally. 8 AAC 97.460.

ALASKA LABOR RELATIONS AGENCY

Alfred L. Tamagni Sr., Chair

Robert A. Doyle, Board Member

Raymond P. Smith, Board Member

APPEAL PROCEDURES

This order is the final decision of this Agency. Judicial review may be obtained by filing an appeal under Appellate Rule 602(a)(2). Any appeal must be taken within 30 days from the date of filing or distribution of this decision.

CERTIFICATION

I hereby certify that the foregoing is a full, true and correct copy of the order in the matter of ALASKA STATE EMPLOYEES ASSíN/AFSCME LOCAL 52, AFL-CIO, (Janice R. Gamble, PCN 11-1284) v. STATE OF ALASKA, DEPARTMENT OF FISH & GAME and ALASKA PUBLIC EMPLOYEES ASSíN/AFT, AFL-CIO, Case No. 96-458-UC (96-475-UC Consol.), dated and filed in the office of the Alaska Labor Relations Agency in Anchorage, Alaska, this 11th day of August, 1997.

Cindy Teter

Administrative Clerk III

This is to certify that on the 11th day of August, 1997, a true and correct copy of the foregoing was mailed, postage prepaid to

Stan Hafferman, ASEA

Kent Durand, State

Dennis Geary, APEA

Signature