[ v03 p709 ]
03:0709(114)RO
The decision of the Authority follows:
3 FLRA No. 114
FEDERAL AVIATION ADMINISTRATION,
SOUTHERN REGION, BALBOA, CANAL ZONE,
AIRWAY FACILITIES BRANCH /1/
Activity
and
PROFESSIONAL AIRWAYS SYSTEMS
SPECIALISTS NATIONAL
Petitioner
and
FEDERAL AVIATION SCIENCE AND
TECHNOLOGICAL ASSOCIATION
Intervenor
Case No. 2-RO-1 /2/
FEDERAL AVIATION ADMINISTRATION
Activity
and
FEDERAL AVIATION SCIENCE AND
TECHNOLOGICAL ASSOCIATION
Petitioner
Case No. 2-CU-1 /3/
DECISION AND ORDER
UPON PETITIONS FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY UNDER
SEC. 7111(B) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE,
5 U.S.C. 7101-7135, A CONSOLIDATED HEARING WAS HELD BEFORE A HEARING
OFFICER OF THE AUTHORITY. THE AUTHORITY HAS REVIEWED THE HEARING
OFFICER'S RULINGS MADE AT THE HEARING AND FINDS THAT THEY ARE FREE FROM
PREJUDICIAL ERROR. THE RULINGS ARE HEREBY AFFIRMED.
UPON THE ENTIRE RECORD IN THIS CASE, INCLUDING BRIEFS FILED BY THE
ACTIVITY (FAA) AND FEDERAL AVIATION SCIENCE AND TECHNOLOGICAL
ASSOCIATION (FASTA) THE AUTHORITY FINDS:
THE LABOR ORGANIZATIONS INVOLVED CLAIM TO REPRESENT CERTAIN EMPLOYEES
OF THE ACTIVITY. IN ITS PETITION IN CASE NO. 2-RO-1, THE PROFESSIONAL
AIRWAYS SYSTEMS SPECIALISTS NATIONAL (PASS) SEEKS AN ELECTION IN A UNIT
CONSISTING OF ALL AMERICAN CITIZENS WHO ARE NON-PROFESSIONAL EMPLOYEES
OF THE CANAL ZONE AIRWAY FACILITIES SECTOR, EXCLUDING ALL PROFESSIONAL
EMPLOYEES, EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A
PURELY CLERICAL CAPACITY, MANAGEMENT OFFICIALS, LOCAL HIRES,
CONFIDENTIAL EMPLOYEES AND SUPERVISORS.
FASTA SOUGHT, AND WAS GRANTED, INTERVENTION ON THE PETITION FILED BY
PASS. FASTA ALSO FILED A CLARIFICATION OF UNIT (CU) PETITION IN CASE
NO. 2-CU-1 SEEKING TO CLARIFY THE STATUS OF THE SAME EMPLOYEES WITH
RESPECT TO A NATIONWIDE UNIT FOR WHICH FASTA HOLDS EXCLUSIVE
RECOGNITION. THE FASTA UNIT IS DESCRIBED AS FOLLOWS:
INCLUDED: ALL EMPLOYEES OF THE AIRWAY FACILITY DIVISION LOCATED IN
THE REGIONS OF THE
FEDERAL AVIATION ADMINISTRATION.
EXCLUDED: PROFESSIONAL EMPLOYEES, EMPLOYEES ENGAGED IN FEDERAL
PERSONNEL WORK IN OTHER
THAN A PURELY CLERICAL CAPACITY, MANAGEMENT OFFICIALS, GUARDS,
SUPERVISORS AS DEFINED IN
EXECUTIVE ORDER 11491, AS AMENDED, AIRWAY FACILITY EMPLOYEES ASSIGNED
TO THE WASHINGTON
HEADQUARTERS, THE NATIONAL AERONAUTICAL FACILITIES EXPERIMENTAL
CENTER, ATLANTIC CITY, NEW
JERSEY, THE AERONAUTICAL CENTER, OKLAHOMA CITY, OKLAHOMA, AND THE
AIRWAYS FACILITIES DIVISION
EMPLOYEES REPRESENTED EXCLUSIVELY AT THE FOLLOWING LOCATIONS: THE
ST. PAUL, MINNESOTA AIRWAY
FACILITIES SECTOR, THE MINNEAPOLIS, MINNESOTA AIRWAY FACILITIES
SECTOR, CHICAGO O'HARE AIRWAY
FACILITIES SECTOR, THE LONGMONT, COLORADO AIRWAY FACILITIES SECTOR,
THE TAMPA, FLORIDA AIRWAY
FACILITIES SECTOR, THE OAKLAND, CALIFORNIA AIRWAY FACILITIES, THE
MCCLELLAN AIR FORCE BASE
AIRWAY FACILITIES SECTOR, THE ALBUQUERQUE, NEW MEXICO MAINTENANCE
ENGINEERING FIELD OFFICE,
THE OKLAHOMA FIELD MAINTENANCE PARTY, THE EASTERN REGION
HEADQUARTERS, THE PACIFIC-ASIAN
REGION, THE TULSA, OKLAHOMA AIRWAY FACILITIES SECTOR, THE DENVER,
COLORADO AIRWAY FACILITIES
SECTOR; THE ALBUQUERQUE, NEW MEXICO AIRWAY FACILITIES SECTOR, THE
ATLANTA, GEORGIA AIRWAY
FACILITIES SECTOR 18200, ATLANTA MUNICIPAL AIRPORT AND THE ALASKAN
REGION.
CITING FEDERAL AVIATION ADMINISTRATION (FAA) AND FEDERAL AVIATION
ADMINISTRATION, EASTERN REGION, 5 A/SLMR 776, A/SLMR NO. 600 (1975), THE
FAA TAKES THE POSITION THAT THE EMPLOYEES INVOLVED IN THE PETITIONS ARE
PART OF THE NATIONWIDE UNIT REPRESENTED BY FASTA INASMUCH AS THAT UNIT
WAS ESTABLISHED AS A RESIDUAL UNIT OF ALL UNREPRESENTED AIRWAY
FACILITIES DIVISION EMPLOYEES IN THE REGIONS OF FAA. THUS, FAA ARGUES
THAT THERE COULD BE NO REMAINING UNREPRESENTED NON-PROFESSIONAL AIRWAY
FACILITIES EMPLOYEES IN ITS REGIONS FOLLOWING ESTABLISHMENT OF THE
NATIONWIDE RESIDUAL UNIT. FAA MAINTAINS THAT THE UNIT PETITIONED FOR BY
PASS IS INAPPROPRIATE IN THAT THE EMPLOYEES OF THE BALBOA, CANAL ZONE,
AIRWAY FACILITIES BRANCH DO NOT POSSESS A COMMUNITY OF INTEREST WHICH IS
SEPARATE AND DISTINCT FROM THAT OF EMPLOYEES IN THE EXISTING FASTA UNIT.
MOREOVER, FAA ARGUES THAT THE UNIT PROPOSED BY PASS WOULD NOT PROMOTE
EFFECTIVE DEALINGS OR EFFICIENCY OF AGENCY OPERATIONS.
FASTA MAKES, ESSENTIALLY, THE SAME ARGUMENT AS FAA AND MOVES THAT THE
PETITION FILED BY PASS BE DISMISSED.
PASS'S POSITION, AS STATED AT THE HEARING, IS THAT THE EMPLOYEES IN
THE UNIT FOR WHICH IT PETITIONS SHARE A COMMUNITY OF INTEREST AND THAT
UNITS OF SIMILAR SCOPE AS THAT PETITIONED FOR EXIST WITHIN THE AIRWAY
FACILITIES DIVISION OF FAA.
PURSUANT TO SEC. 3(C) OF EXECUTIVE ORDER 11491, AS AMENDED, /4/ THE
DEPARTMENT OF TRANSPORTATION DETERMINED THAT THE ORDER WOULD NOT APPLY
TO EMPLOYEES ASSIGNED TO DEPARTMENTAL ACTIVITIES IN THE PANAMA CANAL
ZONE. AS A RESULT OF THIS EXCLUSION THE EMPLOYEES AT ISSUE WERE NOT
INCLUDED FASTA'S NATIONWIDE UNIT, OR ANY OTHER UNIT OF EXCLUSIVE
RECOGNITION. THERE IS NO PROVISION COMPARABLE TO SEC. 3(C) IN THE
FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (STATUTE).
THE AIRWAY FACILITIES BRANCH LOCATED IN BALBOA, CANAL ZONE, IS
COMPOSED OF THE FOLLOWING: THE ENVIRONMENTAL SUPPORT UNIT, LOGISTICS
STAFF, TECHNICAL STAFF, DEVELOPMENTAL RELIEF STAFF, COMMUNICATIONS
NAVAIDS UNIT, AND RADAR UNIT. THE BRANCH ALONG WITH TWO OTHER
ORGANIZATIONAL ELEMENTS (CENTER/RADAR APPROACH CONTROL AND INTERNATIONAL
FLIGHT SERVICE STATION) CONSTITUTE THE BALBOA AREA OFFICE. THE BALBOA
AREA OFFICE IS PART OF THE SOUTHERN REGION OF FAA. THE AIRWAY
FACILITIES BRANCH IS HEADED BY A BRANCH CHIEF WHO REPORTS TO THE AREA
MANAGER, BALBOA AREA OFFICE, WHO, IN TURN, REPORTS TO THE REGIONAL
DIRECTOR OF THE SOUTHERN REGION. BASED ON EVIDENCE SUBMITTED, IT APPEARS
THAT THE ORGANIZATION OF THE BALBOA AIRWAY FACILITIES BRANCH IS SIMILAR
TO THAT OF THE AIRWAY FACILITIES SECTORS THROUGHOUT THE SOUTHERN REGION.
THE MISSION AND FUNCTION OF THE BRANCH ARE, PRIMARILY, MAINTENANCE OF
EQUIPMENT AND FACILITIES AND ASSURANCE THAT OPERATIONS ARE IN ACCORDANCE
WITH ESTABLISHED STANDARDS. THE RECORD REVEALS THAT THERE ARE
APPROXIMATELY 49 EMPLOYEES ASSIGNED TO THE AIRWAY FACILITIES BRANCH.
THE MAJORITY ARE ELECTRONIC TECHNICIANS AND THE REST ARE, PRINCIPALLY,
CLERICAL SUPPORT STAFF AND MECHANICS. THE PRIMARY DUTIES OF ELECTRONIC
TECHNICIANS ARE THE PERFORMANCE OF CORRECTIVE AND PREVENTIVE MAINTENANCE
ON EQUIPMENT AND ASSURANCE THAT EQUIPMENT IS OPERATING ACCORDING TO
STANDARDS. THE RECORD REVEALS THAT THEIR DUTIES ARE THE SAME AS THOSE
OF OTHER ELECTRONIC TECHNICIANS THROUGHOUT THE AIRWAY FACILITIES
DIVISION OF THE FAA AND THAT THEY UTILIZE THE SAME HANDBOOKS AND ATTEND
THE SAME TRAINING CENTER (THE AERONAUTICAL CENTER LOCATED IN OKLAHOMA
CITY, OKLAHOMA). ACCORDING TO THE UNREFUTED TESTIMONY MOST OF THE
BRANCH EMPLOYEES COME FROM THE SOUTHERN REGION. UPON SELECTION FOR A
POSITION IN THE BALBOA BRANCH, AN EMPLOYEE MUST SIGN AN AGREEMENT
CONSENTING TO FULFILL A TWO YEAR CONTRACT WITH FAA IN BALBOA. UPON
EXPIRATION OF THE TWO YEARS, THE EMPLOYEE MAY OPT TO REMAIN IN BALBOA OR
RETURN TO THE UNITED STATES. IF THE EMPLOYEE CHOOSES THE LATTER, THE
RECEIVING REGION MUST RELOCATE HIM/HER. THE PERSONNEL MANAGEMENT
DIVISION OF THE SOUTHERN REGION IS RESPONSIBLE FOR PROVIDING SERVICES IN
THE AREAS OF PERSONNEL, TRAINING, LABOR RELATIONS AND OCCUPATIONAL
SAFETY TO THE BALBOA BRANCH.
ACCORDING TO UNDISPUTED TESTIMONY, THE VAST MAJORITY (ESTIMATED AT
80% TO 90%) OF THE ELIGIBLE AIRWAY FACILITIES EMPLOYEES ARE IN THE
NATIONWIDE FASTA UNIT. THE REMAINDER ARE IN UNITS WHICH ARE VARIED IN
SCOPE - SOME ARE REGION-WIDE, SOME ARE SECTOR-WIDE AND SOME CONSIST OF
ORGANIZATIONAL ELEMENTS SMALLER THAN SECTORS.
THE RECORD ALSO REVEALED THAT IN 1979 FAA EMBARKED ON A PROGRAM TO
PHASE OUT ITS OPERATIONS IN PANAMA OVER A FIVE YEAR PERIOD. THUS BY
OCTOBER 1984 THE FAA WILL HAVE "TRANSITIONED OUT" OF BALBOA. IN THE
INTERIM, THE FAA IS TRAINING PANAMANIANS TO TAKE OVER THE FACILITIES
THERE. THUS, DURING THE TRANSITION PERIOD THE CHARACTER OF THE STAFF
WILL CHANGE AS PANAMANIANS ARE TRAINED AND CERTIFIED TO TAKE OVER THE
FUNCTIONS AND ARE USED TO SUPPLEMENT THE WORKFORCE. THOSE EMPLOYEES
WHO
ARE RELIEVED BY PANAMANIANS WILL APPARENTLY BE RETURNING TO AIRWAY
FACILITIES DIVISION ACTIVITIES WHICH ARE COVERED BY EXISTING
RECOGNITIONS.
BASED ON THE FACT THAT THE EMPLOYEES OF THE BALBOA AIRWAY FACILITIES
BRANCH SHARE A COMMON MISSION, FUNCTION, JOB CLASSIFICATIONS AND DUTIES
WITH OTHER EMPLOYEES OF THE AIRWAY FACILITIES DIVISION, THE BULK OF WHOM
ARE IN THE NATIONWIDE FASTA UNIT, THE AUTHORITY CONCLUDES THAT A
COMMUNITY OF INTEREST EXISTS BETWEEN THE EMPLOYEES OF THE BALBOA BRANCH
AND THOSE OF THE NATIONWIDE FASTA UNIT. FURTHER, NOTING ESPECIALLY THE
TRANSITIONAL NATURE OF THAT BRANCH, THE AUTHORITY CONCLUDES THAT THEIR
INCLUSION IN THE NATIONWIDE UNIT WILL REDUCE FRAGMENTATION AND PROMOTE
EFFECTIVE DEALINGS AND EFFICIENCY OF AGENCY OPERATIONS. THUS, UNDER THE
PARTICULAR CIRCUMSTANCES INVOLVED, AND NOTING THAT THERE IS NO
PRE-EXISTING UNIT ESTABLISHED PURSUANT TO A UNIT DETERMINATION MADE BY
THE ASSISTANT SECRETARY OF LABOR FOR LABOR-MANAGEMENT RELATIONS, THE
AUTHORITY FINDS THAT THOSE EMPLOYEES OF THE BALBOA AIRWAY FACILITIES
BRANCH, WHO WERE PREVIOUSLY EXCLUDED FROM COVERAGE UNDER E.O. 11491, AS
AMENDED. BECAUSE OF THE DEPARTMENT OF TRANSPORTATION'S DETERMINATION
MADE PURSUANT TO SEC. 3(C) OF E.O. 11491, AS AMENDED, ARE APPROPRIATELY
A PART OF, AND SHOULD BE INCLUDED IN, THE NATIONWIDE UNIT REPRESENTED BY
FASTA. IN VIEW OF THIS AND THE FACT THAT AN AGREEMENT COVERING THAT
UNIT BECAME EFFECTIVE ON DECEMBER 1, 1977, FOR A PERIOD OF TWO YEARS,
THE PETITION FILED BY PASS IN CASE NO. 2-RO-1 IS UNTIMELY AND SHALL BE
DISMISSED.
AT THE HEARING THE REPRESENTATIVE OF PASS REQUESTED THAT THE
AUTHORITY TAKE NOTICE OF, AS IF THE FILES WERE INCORPORATED INTO THE
RECORD, THE PROCEEDINGS IN TEN OTHER REPRESENTATION CASES APPARENTLY
RELATING TO SEVERAL UNITS FOR WHICH PASS HOLDS EXCLUSIVE RECOGNITION IN
THE AIRWAY FACILITIES DIVISION. THE HEARING OFFICER DID NOT RULE ON THE
REQUEST. IN ITS BRIEF, FASTA OBJECTED TO THE MOTION. THE MOTION IS
HEREBY DENIED. THE RECORD BEFORE THE AUTHORITY IS SUFFICIENT UPON WHICH
TO BASE OUR DECISION HEREIN.
ORDER
IT IS HEREBY ORDERED THAT THE PETITION IN CASE NO. 2-RO-1 BE, AND IT
HEREBY IS, DISMISSED.
IT IS HEREBY ORDERED THAT THE CONSOLIDATED UNIT FOR WHICH THE FEDERAL
AVIATION SCIENCE AND TECHNOLOGICAL ASSOCIATION WAS CERTIFIED ON APRIL
27, 1977,BE, AND IT HEREBY IS, CLARIFIED BY INCLUDING THE EMPLOYEES OF
THE AIRWAY FACILITIES BRANCH, BALBOA AREA OFFICE, SOUTHERN REGION,
FEDERAL AVIATION ADMINISTRATION.
ISSUED, WASHINGTON, D.C., JULY 23, 1980.
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
CERTIFICATE OF SERVICE
COPIES OF THE DECISION ON REQUEST FOR REVIEW OF THE FEDERAL LABOR
RELATIONS AUTHORITY IN THE SUBJECT PROCEEDING HAVE THIS DAY BEEN SENT TO
THE PARTIES BELOW:
MR. WILLIAM B. PEER
COUNSEL, PASS
BARR AND PEER, SUITE 701
1899 L STREET, N.W.
WASHINGTON, D.C. 20036
MR. HOWARD JOHANNSSEN
PRESIDENT, PASS
444 N. CAPITOL STREET
SUITE 820
WASHINGTON, D.C. 20001
MR. STANLEY Q. LYMAN
EXECUTIVE VICE PRESIDENT
FASTA/NAGE
2139 WISCONSIN AVENUE, N.W.
WASHINGTON, D.C. 20007
MR. EDWARD J. GILDEA
ASSISTANT GENERAL COUNCIL
FASTA/NAGE
2139 WISCONSIN AVENUE, N.W.
WASHINGTON, D.C. 20007
MR. ROBERT SCHWARTZ
FEDERAL LABOR RELATIONS AUTHORITY
26 FEDERAL PLAZA, ROOM 1751
NEW YORK, NEW YORK 10007
/1/ THE NAME OF THIS ACTIVITY APPEARS AS AMENDED AT THE HEARING.
/2/ THIS CASE HAS BEEN TRANSFERRED FROM THE NEW YORK REGIONAL OFFICE
TO THE DALLAS REGIONAL OFFICE AND HAS BEEN ASSIGNED THE CASE NUMBER
6-RO-22.
/3/ THIS CASE HAS BEEN TRANSFERRED FROM THE NEW YORK REGIONAL OFFICE
TO THE DALLAS REGIONAL OFFICE AND HAS BEEN ASSIGNED THE CASE NUMBER
6-CU-6.
/4/ SEC. 3(C) OF THE ORDER PROVIDES AS FOLLOWS:
(C) THE HEAD OF AN AGENCY MAY, IN HIS SOLE JUDGMENT, SUSPEND ANY
PROVISION OF THIS ORDER (EXCEPT SECTION 22) WITH RESPECT TO ANY AGENCY,
INSTALLATION OR ACTIVITY LOCATED OUTSIDE THE UNITED STATES, WHEN HE
DETERMINES THAT THIS IS NECESSARY IN THE NATIONAL INTEREST, SUBJECT TO
THE CONDITIONS HE PRESCRIBES.