[ v01 p961 ]
01:0961(109)CU
The decision of the Authority follows:
1 FLRA No. 109
NORFOLK NAVAL SHIPYARD,
PORTSMOUTH, VIRGINIA
Activity
and
TIDEWATER VIRGINIA FEDERAL EMPLOYEES
METAL TRADES COUNCIL, AFL-CIO
Labor Organization/Petitioner
and
LABORERS INTERNATIONAL UNION OF NORTH
AMERICA, LOCAL 649, AFL-CIO
Labor Organization/incumbent
Assistant Secretary
Case No. 22-08600(CU)
U.S. DEPARTMENT OF THE NAVY
Agency/Petitioner
and
TIDEWATER VIRGINIA FEDERAL EMPLOYEES
METAL TRADES COUNCIL, AFL-CIO
Labor Organization/Incumbent
and
LABORERS INTERNATIONAL UNION OF NORTH
AMERICAN, LOCAL 649, AFL-CIO
Labor Organization/intervenor
Assistant Secretary
Case No. 22-08912(CU)
U.S. DEPARTMENT OF THE NAVY
Agency/Petitioner
and
NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R4-19
Labor Organization/Incumbent
and
LABORERS INTERNATIONAL UNION OF NORTH
AMERICA, LOCAL 649, AFL-CIO
Labor Organization/Intervenor
Assistant Secretary
Case No. 22-08913(CU)
U.S. DEPARTMENT OF THE NAVY
and
TIDEWATER VIRGINIA FEDERAL EMPLOYEES
METAL TRADES COUNCIL, AFL-CIO
Labor Organization/Incumbent
and
LABORERS INTERNATIONAL UNION OF NORTH
AMERICA, LOCAL 649, AFL-CIO
Labor Organization/Intervenor
Assistant Secretary
Case No. 22-08914(CU)
U.S. DEPARTMENT OF THE NAVY
Agency/Petitioner
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 22, AFL-CIO
Labor Organization/Incumbent
and
LABORERS INTERNATIONAL UNION OF NORTH
AMERICA, LOCAL 649, AFL-CIO
Labor Organizationa/Intervenor
Assistant Secretary
Case No. 22-08915(CU)
NAVAL WEAPONS STATION,
YORKTOWN, VIRGINIA
Activity
and
LABORERS INTERNATIONAL UNION OF NORTH
AMERICA, LOCAL 649, AFL-CIO
Labor Organization/Petitioner
and
NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R4-1 AND R4-96 /1/
Labor Organization/Intervenor
Assistant Secretary
Case No. 22-09053(AC)
DECISION AND ORDER
UPON PETITIONS DULY FILED UNDER SECTION 6 OF EXECUTIVE ORDER 11491,
AS AMENDED, A CONSOLIDATED HEARING WAS HELD BEFORE HEARING OFFICER NANCY
ANDERSON. THE HEARING OFFICER'S RULINGS MADE AT THE HEARING ARE FREE
FROM PREJUDICIAL ERROR AND ARE HEREBY AFFIRMED.
THE FUNCTIONS OF THE ASSISTANT SECRETARY OF LABOR FOR
LABOR-MANAGEMENT RELATIONS UNDER EXECUTIVE ORDER 11491, AS AMENDED, WERE
TRANSFERRED TO THE AUTHORITY UNDER SECTION 304 OF REORGANIZATION PLAN
NO. 2 OF 1978 (43 F.R. 36040), WHICH TRANSFER OF FUNCTIONS IS
IMPLEMENTED BY SECTION 2400.2 OF THE AUTHORITY'S TRANSITION RULES AND
REGULATIONS (44 F.R. 7). THE AUTHORITY CONTINUES TO BE RESPONSIBLE FOR
THE PERFORMANCE OF THESE FUNCTIONS AS PROVIDED IN SECTION 7135(B) OF THE
FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (92 STAT. 1215).
AT ISSUE IN THESE CASES ARE EMPLOYEES WHO, BEFORE THE REORGANIZATION
DESCRIBED HEREIN, WERE EMPLOYED IN PORTSMOUTH, VIRGINIA, AT THE ST.
JULIENS CREEK ANNEX OF THE YORKTOWN NAVAL WEAPONS STATION. (YORKTOWN,
VIRGINIA, IS APPROXIMATELY 50 MILES FROM PORTSMOUTH.) AS A RESULT OF THE
REORGANIZATION, THOSE EMPLOYEES OF THE ANNEX IDENTIFIED WITH THE SMALL
AMMUNITION FUNCTION WERE MASS TRANSFERRED PHYSICALLY TO THE WEAPONS
STATION AT YORKTOWN. THE REMAINING EMPLOYEES, ENGAGED IN BASE SUPPORT
FUNCTIONS, REMAINED AT PORTSMOUTH AND, WITH THE ANNEX ITSELF,
ORGANIZATIONALLY BECAME PART OF THE NORFOLK NAVAL SHIPYARD, TWO MILES
AWAY.
IN ASSISTANT SECRETARY CASE NOS. 22-08600(CU) AND 22-08912(CU), THE
RESPECTIVE PETITIONERS, THE TIDEWATER VIRGINIA FEDERAL EMPLOYEES METAL
TRADES COUNCIL, AFL-CIO (METAL TRADES COUNCIL OR MTC), AND THE U.S.
DEPARTMENT OF THE NAVY (THE NAVY), SEEK BY ESSENTIALLY IDENTICAL
PETITIONS TO CLARIFY THE PRODUCTION UNIT REPRESENTED EXCLUSIVELY BY THE
MTC AT THE SHIPYARD IN NORFOLK TO INCLUDE THOSE ELIGIBLE EMPLOYEES OF
THE ANNEX, WHO WERE TRANSFERRED ORGANIZATIONALLY ALONG WITH THE ANNEX TO
THE SHIPYARD. /4/
IN ASSISTANT SECRETARY CASE NOS. 22-08913(CU), 22-08914(CU), AND
22-08915(CU), THE AGENCY/PETITIONER, THE NAVY, SEEKS TO CLARIFY THE
STATUS OF THE OTHER THREE UNITS OF SHIPYARD EMPLOYEES REPRESENTED
EXCLUSIVELY BY THE NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCAL
R4-19 (NAGE), THE MTC, AND THE AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 22, AFL-CIO (AFGE), TO INCLUDE THOSE EMPLOYEES OF THE
ANNEX MEETING THEIR RESPECTIVE UNIT DEFINITIONS. /5/ THE LABORERS
INTERNATIONAL UNION OF NORTH AMERICAN, LOCAL 649, AFL-CIO (LABORERS
UNION), INTERVENED WITH RESPECT TO ALL FIVE PETITIONS, ASSERTING THAT
THE EMPLOYEES OF THE ANNEX, WHICH IT HAS REPRESENTED EXCLUSIVELY SINCE
1968, TRANSFERRED ESSENTIALLY INTACT TO THE SHIPYARD, AND, THEREFORE,
THAT ITS UNIT REMAINS APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE
REPRESENTATION. /6/ THE UNIONS EXCLUSIVELY REPRESENTING THE EMPLOYEES
OF THE FOUR SHIPYARD UNITS NOTED ABOVE TOOK THE POSITION AS INCUMBENT
INTERVENORS, IN AGREEMENT WITH THE POSITION TAKEN BY THE NAVY, THAT THE
EMPLOYEES OF THE ANNEX ACCRETED TO THEIR RESPECTIVE UNITS.
IN ASSISTANT SECRETARY CASE NO. 22-09053(AC), THE LABORERS UNION
SOUGHT TO AMEND ITS EXCLUSIVE RECOGNITION TO INCLUDE THOSE FORMER ANNEX
EMPLOYEES PHYSICALLY TRANSFERRED TO THE WEAPONS STATION AT YORKTOWN. IN
CONTENDS, IN THIS REGARD, THAT THE EMPLOYEES IN QUESTION REMAINED A
FUNCTIONALLY IDENTIFIABLE GROUP AFTER THE TRANSFER, PERFORMING
ESSENTIALLY THE SAME WORK UNDER THE SAME FIRST-LINE SUPERVISION AS PRIOR
TO THE TRANSFER. THE NAVY TOOK THE POSITION THAT THESE FORMER ANNEX
EMPLOYEES HAVE BEEN FULLY INTEGRATED INTO THE WEAPONS STATION WORKFORCE,
AND, THEREFORE, HAVE BEEN ACCRETED INTO THE UNITS AT THE WEAPONS STATION
REPRESENTED EXCLUSIVELY BY THE NAGE. /7/ THE NAGE, WHICH INTERVENED ON
BEHALF OF ITS UNITS, TOOK A POSITION IN AGREEMENT WITH THE NAVY.
BACKGROUND
THE LABORERS UNION WAS GRANTED EXCLUSIVE RECOGNITION ON JANUARY 1,
1968, FOR AN ACTIVITY-WIDE NONPROFESSIONAL UNIT OF EMPLOYEES OF THE
NAVAL AMMUNITION DEPOT LOCATED AT ST. JULIENS CREEK, PORTSMOUTH,
VIRGINIA. ON JANUARY 1, 1970, THE NAVAL AMMUNITION DEPOT BECAME THE ST.
JULIENS CREEK ANNEX OF THE WEAPONS STATION. THE ANNEX CONTINUED AFTER
THE CHANGE TO PERFORM ITS DISTINCTIVE MISSION WHICH INVOLVED THE
RECEIPT, ISSUE, STORAGE AND MAINTENANCE OF GUN-TYPE AMMUNITION, WHILE
THE WEAPONS STATION CONTINUED TO PERFORM OTHER WEAPONS AND
AMMUNITION-RELATED ACTIVITIES. THE WEAPONS STATION COMMANDING OFFICER
DELEGATED OPERATIONAL CONTROL TO AN ANNEX OFFICER WHO REPORTED DIRECTLY
TO HIM, WHICH LEFT THE WEAPONS STATION DEPARTMENT HEADS WHO HAD
DIVISIONS OR BRANCHES LOCATED AT THE ANNEX WITH LIMITED LINE AUTHORITY
OVER THOSE ORGANIZATIONAL ELEMENTS OF THEIR DEPARTMENTS. THE WEAPONS
STATION RECOGNIZED THE LABORERS UNION AS THE EXCLUSIVE REPRESENTATIVE OF
THE ANNEX EMPLOYEES AFTER THE 1970 TRANSFER AND NEGOTIATED SEVERAL
AGREEMENTS WITH THE LABORERS BETWEEN 1970 AND THE PRESENT. (LINE(S) OF
SOURCE CUT OFF BY COPY MACHINE)
PERSONNEL POLICIES AND PROCEDURES AS OTHER WEAPONS STATION EMPLOYEES,
AND WERE IN THE SAME AREA OF CONSIDERATION FOR MERIT PROMOTIONS.
HOWEVER, THE ANNEX EMPLOYEES WERE PART OF A DIFFERENT COMPETITIVE AREA
FOR REDUCTIONS-IN-FORCE WHICH ALSO INCLUDED THE SHIPYARD EMPLOYEES,
BASED ON THEIR CLOSE PROXIMITY TO THE SHIPYARD. ALSO BECAUSE OF THEIR
GEOGRAPHIC PROXIMITY, THE ANNEX EMPLOYEES ENJOYED CERTAIN SHIPYARD
PRIVILEGES SUCH AS MEMBERSHIP IN THE SHIPYARD RECREATION ASSOCIATION AND
CREDIT UNION. BECAUSE OF THE 50 MILE DISTANCE FROM THE WEAPONS STATION,
INTERCHANGE AND TRANSFER OF EMPLOYEES BETWEEN THE WEAPONS STATION AND
THE ANNEX WAS ALMOST NON-EXISTENT.
BEGINNING WITH A LETTER FROM THE CHIEF OF NAVAL OPERATIONS TO THE
NAVAL SEA SYSTEMS COMMAND DATED OCTOBER 28, 1976, THE NAVY DECIDED TO
DISCONTINUE THE GUN-TYPE AMMUNITION FUNCTION AT THE ANNEX AND TRANSFER
IT TO OTHER NAVAL INSTALLATIONS. THEREAFTER, EFFECTIVE OCTOBER 1, 1977,
THE AMMUNITION FUNCTION AT THE ANNEX WAS DISCONTINUED AND THE ANNEX WAS
TRANSFERRED ORGANIZATIONALLY TO THE SHIPYARD, LOCATED SOME TWO MILES
AWAY. AS NOTED ABOVE, ANNEX EMPLOYEES WHO PERFORM AN AMMUNITION-RELATED
FUNCTION WERE TRANSFERRED TO AND PHYSICALLY RELOCATED AT THE WEAPONS
STATION, AND THE REMAINING EMPLOYEES AT THE ANNEX, WHO PERFORM A BASE
SUPPORT FUNCTION, WERE ORGANIZATIONALLY TRANSFERRED FROM THE WEAPONS
STATION TO THE SHIPYARD WHICH IS RESPONSIBLE FOR ORGANIZATIONAL CONTROL
OF THE ANNEX AT THE PRESENT TIME.
TRANSFER TO THE NORFOLK NAVAL SHIPYARD. THE RECORD REFLECTS THAT
SOME 56 BUDGETED POSITIONS (BILLETS) ENCUMBERED BY 48 EMPLOYEES WERE
ORGANIZATIONALLY TRANSFERRED TO THE SHIPYARD, AND BECAME PART OF THE
SHIPYARD'S ORGANIZATIONAL STRUCTURE WITH THE NEW FUNCTION OF SUPPORT FOR
THE VARIOUS TENANT ACTIVITIES NOW LOCATED AT THE ANNEX. THUS, THE
ANNEX'S MISSION HAS BEEN ENCOMPASSED WITHIN THE SHIPYARD'S MISSION WHICH
INCLUDES, AMONG OTHER THINGS, PROVIDING FACILITIES FOR VARIOUS MILITARY
TENANT ACTIVITIES. /8/
AMONG THE 56 BILLETS TRANSFERRED TO THE SHIPYARD WERE 17 BILLETS
WHICH BECAME PART OF THE SHIPYARD'S ADMINISTRATIVE DEPARTMENT. THIS WAS
FURTHER BROKEN DOWN INTO TWO CLERICAL POSITIONS ASSIGNED TO THE ANNEX
OFFICER, WHO, AFTER THE TRANSFER, REPORTS TO THE SHIPYARD ADMINISTRATIVE
DEPARTMENT HEAD, AND 15 GUARD BILLETS ASSIGNED TO THE SHIPYARD CHIEF OF
POLICE. ACCORDING TO THE ANNEX OFFICER, WHO AFTER THE TRANSFER LOST HIS
OPERATIONAL RESPONSIBILITIES, THE CLERICALS HAVE BEEN GIVEN
ADMINISTRATIVE DUTIES SUCH AS THE ISSUANCE OF VISITOR PASSES WHICH THEY
DID NOT PERFORM PRIOR TO THE TRANSFER. WITH RESPECT TO THE GUARDS, THE
RECORD DISCLOSES THAT AFTER THE TRANSFER THEY HAVE BEEN ORGANIZATIONALLY
INCLUDED IN THE SHIPYARD GUARD SHIFTS WITH THEIR FIRST-LINE SHIFT
SUPERVISION LOCATED AT THE SHIPYARD. THEREFORE, WHILE THE ANNEX GUARDS
PERFORM ESSENTIALLY THE SAME WORK AT THE SAME LOCATION, THE RECORD
REFLECTS THAT THEY HAVE BEEN INTEGRATED INTO THE SHIPYARD ORGANIZATION
AT THE LEVEL OF FIRST-LINE SUPERVISION.
THE REMAINING 39 BILLETS INVOLVED IN THE TRANSFER WERE ESSENTIALLY
MAINTENANCE POSITIONS WHICH, AFTER THE TRANSFER, WERE ASSIGNED TO THE
SHIPYARD'S PUBLIC WORKS DEPARTMENT. PRESENTLY THESE EMPLOYEES REPORT
UPWARD TO THE PUBLIC WORKS DEPARTMENT HEAD THROUGH A CHAIN OF COMMAND
DIFFERENT FROM OTHER SHIPYARD PUBLIC WORKS EMPLOYEES. COMPLETE
ORGANIZATIONAL INTEGRATION OF SUCH EMPLOYEES INTO THE SHIPYARD PUBLIC
WORKS DEPARTMENT IS UNDER ACTIVE CONSIDERATION.
ALL OF THE EMPLOYEES REMAINING AT THE ANNEX ARE SUBJECT TO THE SAME
PERSONNEL AND LABOR RELATIONS POLICIES AND PROCEDURES, ADMINISTERED BY
THE SHIPYARD CIVILIAN PERSONNEL OFFICE, AND THEY HAVE THE SAME BASIC
WORKING CONDITIONS AND PRIVILEGES AVAILABLE TO THEM AS THE OTHER 8,000
SHIPYARD EMPLOYEES. MOREOVER, THESE EMPLOYEES ARE PART OF THE SAME AREA
OF CONSIDERATION FOR MERIT PROMOTIONS AND THE SAME COMPETITIVE AREA FOR
REDUCTIONS-IN-FORCE AS OTHER SHIPYARD EMPLOYEES. ALSO, THE RECORD
INDICATES MORE INTERCHANGE INVOLVING SHIPYARD AND ANNEX EMPLOYEES THAN
OCCURRED BETWEEN WEAPONS STATION AND ANNEX EMPLOYEES PRIOR TO THE
TRANSFER, AND, BASED ON THEIR PROXIMITY, AN INCREASED POTENTIAL FOR
TRANSFER. IN ADDITION, SINCE THE TRANSFER THERE HAS BEEN TRAINING AT
BOTH THE ANNEX AND THE SHIPYARD INVOLVING EMPLOYEES OF BOTH LOCATIONS.
THE FEDERAL LABOR RELATIONS COUNCIL HAS HELD THAT "WHERE A
REORGANIZATION RESULTS IN AN ISSUE AS TO WHETHER A PREVIOUSLY EXISTING
UNIT CONTINUES TO BE APPROPRIATE OR WHETHER THE EMPLOYEES IN THE
PREVIOUSLY EXISTING UNIT HAVE ACCRETED INTO ANOTHER UNIT, APPROPRIATE
UNIT DETERMINATIONS MUST EQUALLY SATISFY EACH OF THE 10(B) CRITERIA . .
." DEPARTMENT OF THE ARMY, FORT MCPHERSON, GEORGIA, A/SLMR 655, FLRC
76A-82, 5 FLRC 398(1977). UNDER ALL OF THE CIRCUMSTANCES, THE AUTHORITY
CONCLUDES THAT THE EMPLOYEES OF THE ANNEX ORGANIZATIONALLY TRANSFERRED
TO THE SHIPYARD HAVE ACCRETED INTO THE EXISTING UNITS OF THE SHIPYARD.
THUS, THE RECORD REFLECTS THAT AFTER THE TRANSFER THESE EMPLOYEES SHARE
A COMMUNITY OF INTEREST WITH OTHER SHIPYARD EMPLOYEES AS THEY SHARE A
COMMON MISSION, ORGANIZATIONAL STRUCTURE, AND GEOGRAPHIC LOCATION, AND
THEY ARE SUBJECT TO THE SAME PERSONNEL POLICIES AND PROCEDURES, AREA OF
CONSIDERATION FOR MERIT PROMOTIONS, AND COMPETITIVE AREA FOR
REDUCTIONS-IN-FORCE AS ADMINISTERED BY THE SHIPYARD CIVILIAN PERSONNEL
OFFICE WHICH ALSO IS RESPONSIBLE FOR LABOR RELATIONS SERVICES. SUCH
ACCRETIONS ALSO WILL PROMOTE EFFECTIVE DEALINGS AND EFFICIENCY OF AGENCY
OPERATIONS AS THEY WILL REDUCE FRAGMENTATION. ACCORDINGLY, AS SUCH
ACCRETIONS WILL SATISFY EQUALLY THE THREE CRITERIA OF SECTION 10(B), IT
SHALL BE ORDERED THAT THE FOUR EXISTING EXCLUSIVE UNITS AT THE SHIPYARD,
WHICH INCLUDE ALL OF THE SHIPYARD'S EMPLOYEES, BE CLARIFIED TO INCLUDE
THOSE NEW EMPLOYEES OF THE SHIPYARD WHO ARE LOCATED AT THE ST. JULIENS
CREEK ANNEX OF THE SHIPYARD. /9/ (LINE(S) OF SOURCE CUT OFF BY COPY
MACHINE)
WEAPONS STATION. BETWEEN OCTOBER 28, 1976, AND OCTOBER 1, 1977, 134
NOTICES OF MASS TRANSFER WERE ISSUED TO EMPLOYEES OF THE ANNEX TO
TRANSFER (RELOCATE) TO THE WEAPONS STATION. OF THIS NUMBER 101 ACCEPTED
AND 66 ARE STILL EMPLOYED AT THE WEAPONS STATION IN THE SAME GRADE AND
CLASSIFICATION. /10/
OF THE 66 EMPLOYEES STILL WORKING AT THE WEAPONS STATION, 54 ARE
NONSUPERVISORY WAGE GRADE, 4 ARE NONSUPERVISORY GENERAL SCHEDULE, AND 8
ARE CONSIDERED SUPERVISORY. ALL OF THESE EMPLOYEES WERE ASSIGNED AFTER
THEIR RELOCATION TO THE FOUR MAJOR WEAPONS STATION DEPARTMENTS, WITH THE
MAJORITY ASSIGNED TO THE ORDNANCE DEPARTMENT. ALL OF THE EMPLOYEES
INVOLVED, WHILE CONTINUING AFTER THE RELOCATION TO PERFORM WORK IN THE
SAME GENERAL CLASSIFICATION, ARE ENGAGED IN WORK WHICH IS MORE VARIED IN
NATURE THAN THAT WHICH THEY WERE ENGAGED IN PRIOR TO THEIR RELOCATION.
THESE FORMER ANNEX EMPLOYEES WORK IN VARIOUS BRANCHES AND SECTIONS OF
THEIR RESPECTIVE DEPARTMENTS ALONGSIDE OTHER WEAPONS STATION EMPLOYEES
AND UNDER COMMON FIRST-LINE SUPERVISION. WITH THE EXCEPTION OF THE GUN
AMMUNITION SECTION OF THE ORDNANCE DEPARTMENT, WHICH TOOK OVER SOME OF
THE GUN AMMUNITION FUNCTIONS PERFORMED AT THE ANNEX, THERE IS NO
SIGNIFICANT CONCENTRATION OF FORMER ANNEX EMPLOYEES AT THE WEAPONS
STATION. MOREOVER, EVEN IN THIS SECTION THE FORMER ANNEX EMPLOYEES WORK
ALONGSIDE OTHER WEAPONS STATION EMPLOYEES UNDER COMMON SUPERVISION.
FURTHER, THE DIVISION CHIEF TESTIFIED THAT ALL EMPLOYEES, INCLUDING
THOSE OF THE GUN AMMUNITION SECTION IN HIS DIVISION, ARE PERIODICALLY
DETAILED FROM SECTION BASED ON WORK NEEDS.
THE RECORD REFLECTS THAT ALL WEAPONS STATION EMPLOYEES, INCLUDING
THOSE RELOCATED FROM THE ANNEX, ARE ENGAGED IN THE SAME MISSION AND ARE
SUBJECT TO THE SAME PERSONNEL AND LABOR RELATIONS POLICIES AND
PROCEDURES AS ADMINISTERED BY THE WEAPONS STATION CIVILIAN PERSONNEL
OFFICE. ALL OF THE EMPLOYEES OF THE WEAPONS STATION INCLUDING THE
FORMER ANNEX EMPLOYEES ARE PART OF THE SAME AREA OF CONSIDERATION FOR
MERIT PROMOTIONS, AND, AFTER THE RELOCATION, THE FORMER ANNEX EMPLOYEES
ARE PART OF THE SAME COMPETITIVE AREA FOR REDUCTIONS-IN-FORCE AS OTHER
WEAPONS STATION EMPLOYEES. FINALLY, ALL EMPLOYEES OF THE WEAPONS
STATION, INCLUDING THOSE RELOCATED FROM THE ANNEX, ARE FUNCTIONALLY
INTEGRATED AND SHARE THE SAME HOURS OF WORK, GEOGRAPHIC LOCATION, AND
OTHER CONDITIONS OF EMPLOYMENT.
UNDER ALL OF THESE CIRCUMSTANCES, THE AUTHORITY CONCLUDES THAT THESE
FORMER EMPLOYEES OF THE ANNEX WHO HAVE BEEN TRANSFERRED AND PHYSICALLY
RELOCATED TO THE WEAPONS STATION, ALSO HAVE ACCRETED TO THE EXISTING
WEAPONS STATION EXCLUSIVE UNITS. THUS, AFTER THE TRANSFER THE EMPLOYEES
IN QUESTION WORK IN AN ENTIRELY NEW LOCATION SOME 50 MILES FROM THEIR
PREVIOUS LOCATION AND HAVE BEEN FULLY INTEGRATED INTO THE WEAPONS
STATION'S ORGANIZATION IN SUCH A MANNER THAT THEY NO LONGER ARE
IDENTIFIABLE AS A FUNCTIONAL GROUPING AND HAVE, THEREBY, LOST THEIR
SEPARATE AND DISTINCT COMMUNITY OF INTEREST AND NOW SHARE A COMMUNITY OF
INTEREST WITH OTHER WEAPONS STATION EMPLOYEES. SUCH ACCRETIONS THUS
WILL PROMOTE EFFECTIVE DEALINGS AND EFFICIENCY OF AGENCY OPERATIONS, AND
REDUCE FRAGMENTATION. ACCORDINGLY, THE EXISTING WEAPONS STATION UNITS
SHALL BE CLARIFIED TO INCLUDE THE FORMER ANNEX EMPLOYEES. SUCH A
FINDING REQUIRES THE DISMISSAL OF THE LABORERS UNION'S PETITION IN
ASSISTANT SECRETARY CASE NO. 22-09053(AC) AS THAT PETITION SEEKS TO
AMEND THE LABORERS UNION'S PREVIOUS RECOGNITION TO INCLUDE THOSE FORMER
ANNEX EMPLOYEES TRANSFERRED TO THE WEAPONS STATION WHO HAVE BEEN FOUND
TO HAVE ACCRETED TO THE EXCLUSIVE UNITS EXISTING AT THE WEAPONS STATION.
THEREFORE, AS THE LABORERS UNION'S PREVIOUSLY RECOGNIZED UNIT CEASED TO
EXIST FOLLOWING THE REORGANIZATION, ITS PETITION IN CASE NO.
22-09053(AC) SHALL BE DISMISSED.
ORDER
IT IS HEREBY ORDERED THAT THE UNIT AT THE NORFOLK NAVAL SHIPYARD
SOUGHT TO BE CLARIFIED HEREIN, FOR WHICH THE TIDEWATER VIRGINIA METAL
TRADES COUNCIL, AFL-CIO, WAS CERTIFIED ON AUGUST 24, 1972, BE, AND IT
HEREBY IS, CLARIFIED BY INCLUDING IN SAID UNIT ALL ELIGIBLE EMPLOYEES OF
THE ST. JULIENS CREEK ANNEX OF THE NORFOLK NAVAL SHIPYARD, PORTSMOUTH,
VIRGINIA.
IT IS FURTHER ORDERED THAT THE UNIT AT THE NORFOLK NAVAL SHIPYARD
SOUGHT TO BE CLARIFIED HEREIN, FOR WHICH THE NATIONAL ASSOCIATION OF
GOVERNMENT EMPLOYEES, LOCAL R4-19, WAS RECOGNIZED APRIL 30, 1964, BE,
AND IT HEREBY IS, CLARIFIED BY INCLUDING IN SAID UNIT ALL ELIGIBLE
EMPLOYEES OF THE ST. JULIENS CREEK ANNEX OF THE NORFOLK NAVAL SHIPYARD,
PORTSMOUTH, VIRGINIA.
IT IS FURTHER ORDERED THAT THE UNIT AT THE NORFOLK NAVAL SHIPYARD
SOUGHT TO BE CLARIFIED HEREIN, FOR WHICH THE TIDEWATER VIRGINIA FEDERAL
EMPLOYEES METAL TRADES COUNCIL, AFL-CIO, WAS CERTIFIED ON JUNE 17, 1971,
BE, AND IT HEREBY IS, CLARIFIED BY INCLUDING IN SAID UNIT ALL ELIGIBLE
EMPLOYEES OF THE ST. JULIENS CREEK ANNEX OF THE NORFOLK NAVAL SHIPYARD,
PORTSMOUTH, VIRGINIA.
IT IS FURTHER ORDERED THAT THE UNIT AT THE NORFOLK NAVAL SHIPYARD
SOUGHT TO BE CLARIFIED HEREIN, FOR WHICH THE AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, LOCAL 22, AFL-CIO, WAS RECOGNIZED ON OCTOBER 3,
1963, BE, AND IT HEREBY IS, CLARIFIED BY INCLUDING IN SAID UNIT ALL
ELIGIBLE EMPLOYEES OF THE ST. JULIENS CREEK ANNEX OF THE NORFOLK NAVAL
SHIPYARD, PORTSMOUTH, VIRGINIA.
IT IS FURTHER ORDERED THAT THE UNIT AT THE YORKTOWN NAVAL WEAPONS
STATION SOUGHT T BE CLARIFIED HEREIN, FOR WHICH THE NATIONAL ASSOCIATION
OF GOVERNMENT EMPLOYEES, LOCAL R4-96, WAS CERTIFIED ON AUGUST 25, 1971,
BE, AND IT HEREBY IS, CLARIFIED BY INCLUDING IN SAID UNIT ALL ELIGIBLE
EMPLOYEES RELOCATED FROM THE ST. JULIENS CREEK ANNEX OF THE NORFOLK
NAVAL SHIPYARD, PORTSMOUTH, VIRGINIA.
IT IS FURTHER ORDERED THAT THE UNIT AT THE YORKTOWN NAVAL WEAPONS
STATION SOUGHT TO BE CLARIFIED HEREIN, FOR WHICH THE NATIONAL
ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCAL R4-1 WAS CERTIFIED ON
NOVEMBER 30, 1976, BE, AND IT HEREBY IS, CERTIFIED BY INCLUDING IN SAID
UNIT ALL ELIGIBLE EMPLOYEES RELOCATED FROM THE ST. JULIENS CREEK ANNEX
OF THE NORFOLK NAVAL SHIPYARD, PORTSMOUTH, VIRGINIA.
ISSUED, WASHINGTON, D.C., SEPTEMBER 20, 1979
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY /11/
/1/ THE NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES AMENDED ITS
INTERVENTION IN CASE NO. 22-09053(AC) AT THE HEARING BY INCLUDING LOCAL
R4-96, WHICH HOLDS EXCLUSIVE RECOGNITION FOR MOST GENERAL SCHEDULE
EMPLOYEES OF THE YORKTOWN NAVAL WEAPONS STATION.
/2/ THE U.S. DEPARTMENT OF THE NAVY FILED AN UNTIMELY BRIEF WHICH HAS
NOT BEEN CONSIDERED.
/3/ IN CONFORMITY WITH SECTION 902(B) OF THE CIVIL SERVICE REFORM ACT
OF 1979 (92 STAT. 1224), THE PRESENT CASE IS DECIDED SOLELY ON THE BASIS
OF E.O. 11491, AS AMENDED, AND AS IF THE NEW FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE (92 STAT. 1191) HAD NOT BEEN ENACTED.
THE DECISION AND ORDER DOES NOT PREJUDGE IN ANY MANNER EITHER THE
MEANING OR APPLICATION OF RELATED PROVISIONS IN THE NEW STATUTE OR THE
RESULT WHICH WOULD BE REACHED BY THE AUTHORITY IF THE CASE HAD ARISEN
UNDER THE STATUTE RATHER THAN THE EXECUTIVE ORDER.
/4/ THE MTC IS CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE IN A UNIT
DEFINED AS FOLLOWS:
ALL UNGRADED EMPLOYEES OF THE NORFOLK NAVAL SHIPYARD INCLUDING
LEADERS; ALL PHYSICAL
SCIENCE TECHNICIANS IN THE RADIOLOGICAL MONITORING DIVISION,
RADIOLOGICAL CONTROL OFFICE; ALL
GRADED EMPLOYEES IN THE INVENTORY DIVISION OF THE SUPPLY DEPARTMENT
AND IN THE FIRE DIVISION
OF THE ADMINISTRATIVE DEPARTMENT, EXCLUDING ALL INSPECTORS, SHIP
PROGRESSMEN, SHIP SCHEDULERS,
SHIP SURVEYORS, PLANNERS AND ESTIMATORS, PATTERNMAKERS, PRODUCTION
SHIP PLANNERS
(PATTERNMAKERS), APPRENTICE PATTERNMAKERS, ALL EMPLOYEES WHO OPERATE,
REPAIR AND/OR MAINTAIN
CRYPTOGRAPHIC EQUIPMENT, PROFESSIONAL EMPLOYEES, EMPLOYEES ENGAGED IN
FEDERAL PERSONNEL WORK
IN OTHER THAN A PURELY CLERICAL CAPACITY, TEMPORARY EMPLOYEES WITH
NONRECURRING APPOINTMENTS
FOR LESS THAN NINETY (90) DAYS, GUARDS AND WATCHMEN, MANAGEMENT
OFFICIALS, AND ALL SUPERVISORS
AS DEFINED IN THE ORDER.
AS NOTED ABOVE, THE PETITIONS OF THE NAVY AND THE MTC SEEK IDENTICAL
OUTCOMES, EXCEPT THAT THE MTC WOULD INCLUDE THE LANGUAGE "AND ALL
UNGUARDED EMPLOYEES AT ST. JULIENS CREEK," AT THE END OF THE LISTING OF
INCLUSIONS WHILE THE NAVY CONSIDERED THE EXISTING UNIT DEFINITION
ADEQUATE TO INCLUDE THE ANNEX EMPLOYEES.
/5/ THE UNIT DEFINITIONS AND PROPOSED CLARIFICATIONS INVOLVING THE
OTHER THREE UNITS OF SHIPYARD EMPLOYEES REPRESENTED EXCLUSIVELY BY THE
NAGE, THE MTC, AND THE AFGE ARE AS FOLLOWS:
NAGE UNIT DEFINITION-- ALL CIVILIAN SECURITY GUARDS OF THE NORFOLK
NAVAL SHIPYARD
ADMINISTRATIVE DEPARTMENT, SECURITY DIVISION, POLICE PROTECTION
BRANCH, EXCEPT SUPERVISORS, AS
DEFINED IN EXECUTIVE ORDER 11491, AS AMENDED, SECTION 2(C), AND
SPECIFICALLY THE SECURITY
GUARD CHIEF, THE CAPTAINS AND SERGEANTS.
PROPOSED CLARIFICATION-- ALL CIVILIAN SECURITY GUARDS OF THE NORFOLK
NAVAL SHIPYARD AND
ST. JULIENS CREEK ANNEX, EXCLUDING SUPERVISORS, INCLUDING THOSE IN
THE RATING OF SECURITY
GUARD CHIEF, THE CAPTAINS AND SERGEANTS, MANAGEMENT OFFICIALS,
PROFESSIONAL EMPLOYEES,
EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY
CLERICAL CAPACITY, AND
EMPLOYEES OTHER THAN CIVILIAN SECURITY GUARDS.
MTC UNIT DEFINITION-- ALL EMPLOYEES OF THE NORFOLK NAVAL SHIPYARD,
PORTSMOUTH, VIRGINIA, IN
THE FOLLOWING RATINGS: PLANNER AND ESTIMATOR, SHIPYARD PROGRESSMAN
AND SHIP SCHEDULER,
EXCLUDING MANAGEMENT OFFICIALS AND SUPERVISORS, EMPLOYEES ENGAGED IN
FEDERAL PERSONNEL WORK,
IN OTHER THAN A PURELY CLERICAL CAPACITY, PROFESSIONAL EMPLOYEES AND
GUARDS.
PROPOSED CLARIFICATION-- ALL EMPLOYEES OF THE NORFOLK NAVAL SHIPYARD
IN THE FOLLOWING
RATINGS: PLANNER AND ESTIMATOR (ALL OPTIONS), ASSISTANT PLANNER AND
ESTIMATOR (ALL OPTIONS),
SHIP SCHEDULER (ALL OPTIONS), SHIP PROGRESSMAN (ALL OPTIONS),
EXCLUDING MANAGEMENT OFFICIALS,
EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY
CLERICAL CAPACITY, AND
SUPERVISORS AS DEFINED IN EXECUTIVE ORDER 11491, AS AMENDED.
AFGE UNIT DEFINITION-- ALL CLERICAL, OFFICE AND ADMINISTRATIVE
EMPLOYEES OF THE NORFOLK
NAVAL SHIPYARD, EXCLUDING PROFESSIONAL EMPLOYEES, GRADED TECHNICIANS,
DRAFTSMEN, STUDENT
TRAINEES, EQUIPMENT SPECIALISTS (ALLOWANCE AND MATERIAL), PRODUCTION
CONTROLLER SPECIALISTS
(1152 SERIES), TECHNOLOGISTS; ILLUSTRATOR (TECHNICAL EQUIPMENT), THE
NONSUPERVISORY GRADED
EMPLOYEES IN THE INVENTORY DIVISION OF THE SUPPLY DEPARTMENT;
FIREFIGHTERS AND
GUARDS; EMPLOYEES WHOSE DUTIES REQUIRE A CRYPTOGRAPHIC
AUTHORIZATION, MANAGERIAL EMPLOYEES,
ANY EMPLOYEE ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY
CLERICAL CAPACITY,
SUPERVISORS, AND ANY PROFESSIONAL EMPLOYEES NOT ALREADY EXCEPTED.
PROPOSED CLARIFICATION-- ALL GRADED NONSUEPRVISORY ADMINISTRATIVE AND
CLERICAL EMPLOYEES OF
THE NORFOLK NAVAL SHIPYARD, PORTSMOUTH, VIRGINIA AND THE ST. JULIENS
CREEK ANNEX EXCLUDING
PROFESSIONAL EMPLOYEES, GRADED TECHNICIANS, DRAFTSMEN, STUDENT
TRAINEES, EQUIPMENT SPECIALISTS
(ALLOWANCE AND MATERIAL), PRODUCTION TRAINEES, PRODUCTION CONTROLLER
SPECIALISTS (1152
SERIES), TECHNOLOGISTS, ILLUSTRATOR (TECHNICAL EQUIPMENT), GRADED
EMPLOYEES OF THE INVENTORY
DIVISION OF THE SUPPLY DEPARTMENT, FIREFIGHTERS AND GUARDS, EMPLOYEES
WHOSE DUTIES REQUIRE
CRYPTOGRAPHIC AUTHORIZATION, MANAGERIAL OFFICIALS, EMPLOYEES ENGAGED
IN FEDERAL PERSONNEL WORK
IN OTHER THAN A PURELY CLERICAL CAPACITY, SUPERVISORS AND ANY
PROFESSIONAL EMPLOYEES NOT
ALREADY EXCEPTED. THE TERM "TECHNICIAN," DOES NOT APPLY TO GRADED
POSITIONS WHERE THE PRIMARY
FUNCTION IS SUPPORT OF ADMINISTRATIVE AREAS SUCH AS MANAGEMENT
TECHNICIAN, BUDGET TECHNICIAN,
MANAGEMENT ANALYST, BUDGET ANALYST, ETC. THE TERM "STUDENT TRAINEE"
AS USED ABOVE DOES NOT
APPLY TO GRADED POSITIONS WHERE THE PRIMARY FUNCTION IS IN A PURELY
DERIVED CAPACITY OR IN
SUPPORT OF ADMINISTRATIVE TECHNICIANS.
/6/ THE LABORERS UNION WAS GRANTED EXCLUSIVE RECOGNITION ON JANUARY
1, 1968, FOR A UNIT PRESENTLY DEFINED AS FOLLOWS:
ALL GRADED AND UNGRADED EMPLOYEES OF ST. JULIENS CREEK ANNEX, NAVAL
WEAPONS STATION
(YORKTOWN), PORTSMOUTH, VIRGINIA, EXCLUDING MANAGEMENT OFFICIALS,
SUPERVISORS, EMPLOYEES
ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL
CAPACITY, AND PROFESSIONAL
EMPLOYEES.
/7/ THE NAGE IS THE EXCLUSIVE REPRESENTATIVE OF TWO UNITS WHICH
INCLUDE ALL OF THE WEAPONS STATION EMPLOYEES DEFINED AS FOLLOWS:
LOCAL R4-96 ALL GENERAL SCHEDULE EMPLOYEES, INCLUDING
PROFESSIONALS, EMPLOYED BY THE NAVAL WEAPONS STATION, YORKTOWN,
VIRGINIA, EXCLUDING WAGE GRADE
EMPLOYEES, FIREFIGHTERS, FIRE PROTECTION INSPECTORS, MANAGERS,
SUPERVISORS, GUARDS, EMPLOYEES
ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL
CAPACITY, AND ALL
PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES ASSIGNED TO ST. JULIENS
CREEK ANNEX.
LOCAL R4-1 ALL NONSUPERVISORY, WAGE GRADE EMPLOYEES,
FIREFIGHTERS (INCLUDING FIRE CAPTAINS), FIRE PROTECTION INSPECTORS
AND GUARDS LOCATED AT
YORKTOWN, VIRGINIA, EMPLOYED BY THE NAVAL WEAPONS STATION, YORKTOWN,
VIRGINIA, EXCLUDING
SUPERVISORS, MANAGEMENT OFFICIALS, PROFESSIONALS, EMPLOYEES ENGAGED
IN FEDERAL PERSONNEL WORK
IN OTHER THAN A PURELY CLERICAL CAPACITY, GENERAL SCHEDULE EMPLOYEES
AND WAGE GRADE EMPLOYEES
LOCATED AT ST. JULIENS CREEK ANNEX EMPLOYED BY THE STATION, AND ALL
OTHER GENERAL SCHEDULE
EMPLOYEES OF THE STATION NOT SPECIFICALLY DESIGNATED AS BEING
INCLUDED IN THE UNIT.
/8/ SOME 13 TENANT ACTIVITIES PRESENTLY OCCUPY THE SPACE FORMERLY
USED FOR AMMUNITION-RELATED ACTIVITIES AT THE ANNEX.
/9/ THE PETITION IN CASE NO. 22-08600(CU) FILED BY THE MTC, WHILE
ESSENTIALLY IDENTICAL TO THAT OF THE NAVY'S IN CASE ON. 22-08912(CU),
WOULD USE THE LANGUAGE UNDER THE "INCLUDED" PORTION OF ITS PROPOSED
CLARIFICATION, "INCLUDING . . . ST. JULIENS CREEK ANNEX EMPLOYEES." THE
AUTHORITY CONCLUDES THAT SUCH SPECIFIC LANGUAGE IS UNNECESSARY AS THE
ANNEX EMPLOYEES ARE EMPLOYEES OF THE SHIPYARD AND, THEREFORE, THEY WOULD
BE INCLUDED UNDER THE GENERAL LANGUAGE INCLUDING ALL SHIPYARD EMPLOYEES
MEETING THE UNIT DEFINITION AS PROPOSED BY THE NAVY IN ITS PETITION.
/10/ SOME 33 EMPLOYEES REFUSED TO RELOCATE AND EITHER RETIRED EARLY
OR WERE SUBJECT TO REDUCTION-IN-FORCE PROCEDURES. OF THOSE ACCEPTING
THE RELOCATION, SOME 35 HAVE SUBSEQUENTLY RETIRED, TRANSFERRED, BEEN
PROMOTED, OR CHANGE CLASSIFICATION.
/11/ MEMBER LEON B. APPLEWHAITE DID NOT PARTICIPATE IN THE PRESENT
CASE, WHICH HAD BEEN PROCESSED PRIOR TO HIS CONFIRMATION BY THE UNITED
STATES SENATE AS A MEMBER OF THE AUTHORITY.