CASE NO. 96-475-UC

ALASKA LABOR RELATIONS AGENCY
3301 EAGLE STREET, SUITE 208
P.O. BOX 107026
ANCHORAGE, ALASKA 99510-7026
(907) 269-4895
Fax (907) 269-4898

CASE NO. 96-475-UC

DECISION AND ORDER NO. 230

Digest: The bargaining unit placement of an administrative clerk IV position, PCN 11-0249, is appropriately in the supervisory bargaining unit represented by the Alaska Public Employees Association/AFT, AFL-CIO.

DECISION

Statement of the Case

On November 30, 1995, the Alaska State Employees Association/AFSCME Local 52, AFL-CIO (ASEA) filed this petition to clarify the bargaining unit status of an administrative clerk IV 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, 96-458-UC, 96-469-UC, 96-470-UC, 96-473-UC, and 96-474-UC and heard on May 5, 1996, before Hearing Officer Jean Ward. The record closed on May 5, 1996.

On June 18, 1997, the Agency amended the panel assignment to substitute board member Robert A. Doyle for 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 Joan Wilkerson, business agent, for intervenor Alaska Public Employees Association/AFT, AFL-CIO.

Issue

1. Is the appropriate unit for an administrative clerk IV (PCN 11-0249) in 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. Distribution memorandum and class specification for administrative supervisor (March 6, 1996).

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

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

Intervenor Alaska Public Employees Association/AFT, AFL-CIO offered the following exhibits, which were admitted into the record:

I51. G. Ballantine, memorandum to L. Ate (April 12, 1996), regarding job class change for PCN 11-0249;

I52. Alaska Public Employees Association/AFT, AFL-CIO v. Alaska State Employees Association, case no. S-7608 (Alaska Supreme Court, filed April 8, 1996) (petition for review) (admitted over objection).

B. Testimony.

The parties did not call any witnesses.

C. Agency case file. 8 AAC 97.410.

Preliminary Matter

On March 4, 1996, 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. These issues were addressed in State v. Alaska State Employees Ass’n/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 Ass’n/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 administrative clerk IV PCN 11-0249 is in the Department of Fish and Game, Division of Administration, and has been in the general government bargaining unit.

4. The administrative clerk IV/administrative supervisor is the lead level clerical class. It supervises the work of a clerical unit. Exh. J5.

5. The incumbent of administrative clerk IV PCN 11-0249 is Heather Kinzie. Position description questionnaire PCN 11-0249 (Nov. 2, 1995).

6. On October 31, 1995, the department’s personnel specialist sought a bargaining unit review of the administrative clerk IV PCN 11-0249. E. Williams, memorandum to P. Judson (Oct. 31, 1995).

7. On November 21, 1995, the State notified ASEA that the administrative clerk IV PCN 11-0249 was more appropriately in the supervisory unit. P. Judson, memorandum to C. O’Connell (Nov. 21, 1995).

8. The position description questionnaire for PCN 11-0249 shows that Kinzie takes personnel action for eight or nine administrative clerks I: PCNs 11-0239, 11-0261, 11-0267, 11-0268, 11-0269, 11-0295, 11-0203, and 11-0220. Position description questionnaire PCN 11-0249, at 7. The organizational chart adds PCN 11-0240, which would make nine employees. Id., at 10.

9. Kinzie has authority to decide what action is necessary for all eight positions in all of the categories listed: appoint, promote, transfer, suspend, discharge, grievances, approve leave, complete performance evaluation, assign and check work, instruct/train, and set priorities and work schedules. Id., at 7.

10. More specifically, Kinzie has full authority to appoint, promote, or transfer employing actions), suspend or discharge (disciplinary actions) or handle grievances, without being required to inform her supervisor. Supervisory responsibilities questionnaire, at 1-2 (Oct. 23, 1995).

11. The record is silent on Kinzie’s exercise of her authority. The supervisory responsibilities questionnaire states only that she performs them "as necessary." Id.

12. The position description questionnaire describes the essential functions of this administrative clerk IV position to include, "SUPERVISION OF DATA ENTRY CREW - Position is responsible for the appointment, promotion, supervision, and evaluations of nine (9) Admin Clerk I positions." Position description questionnaire for PCN 11-0249, at 3.

13. On April 12, 1996, the Department of Administration, Division of Personnel, requested a job class title change "effected by Human Resources Manager meeting" to the title "administrative supervisor." Exh. I51.

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 Ass’n/AFSCME Local 52, AFL-CIO, Decision & Order No. 219, at 15-17.

5. Heather Kinzie, incumbent in administrative clerk IV PCN 11-0249, has the authority to act in the interest of the State in the areas of employing, disciplining and grievance adjudication.

6. Under the definition of "supervisory employee" in 8 AAC 97.990(a)(5), PCN 11-0249 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 11-0249 shares with other members of the supervisory unit.

9. Because PCN 11-0249 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 administrative clerk IV PCN 11-0249 appropriately in the general government unit is DENIED;

2. The administrative clerk IV PCN 11-0249 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 ASS’N/AFSCME LOCAL 52, AFL-CIO, (Heather Kinzie, PCN 11-0249) v. STATE OF ALASKA, DEPARTMENT OF FISH & GAME and ALASKA PUBLIC EMPLOYEES ASS’N/AFT, AFL-CIO, Case No. 96-475-UC, dated and filed in the office of the Alaska Labor Relations Agency in Anchorage, Alaska, this 12th day of August, 1997.

Cindy Teter

Administrative Clerk III

This is to certify that on the 12th day of August, 1997, a true and correct copy of the foregoing was mailed, postage prepaid to

Stan Hafferman, ASEA

Kent Durand, State

Mila Doyle, APEA

Signature

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