[ v05 p281 ]
05:0281(37)CU
The decision of the Authority follows:
5 FLRA No. 37 DEFENSE CONTRACT ADMINISTRATION SERVICES REGION, ST. LOUIS, MISSOURI Activity/Petitioner and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO /1/ Labor Organization and NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCAL R14-56, NEOSHO, MISSOURI Labor Organization/Intervenor Case No. 7-CU-19 DECISION AND ORDER CLARIFYING UNIT UPON A PETITION DULY FILED UNDER SECTION 7111(B)(2) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, 5 U.S.C. 7101-7135 (THE STATUTE), A HEARING WAS HELD BEFORE A HEARING OFFICER OF THE AUTHORITY. THE HEARING OFFICER'S RULINGS MADE AT THE HEARING ARE FREE FROM PREJUDICIAL ERROR AND ARE HEREBY AFFIRMED. UPON THE ENTIRE RECORD IN THIS CASE, INCLUDING BRIEFS FILED BY THE ACTIVITY/PETITIONER AND THE LABOR ORGANIZATION/INTERVENOR, THE AUTHORITY FINDS: THE DEFENSE CONTRACT ADMINISTRATION SERVICES REGION (DCASR), ST. LOUIS, MISSOURI, HEREIN CALLED THE ACTIVITY, FILED THE SUBJECT PETITION SEEKING A DETERMINATION BY THE AUTHORITY AS TO THE EFFECT OF A DISESTABLISHMENT OF THE DEFENSE CONTRACT ADMINISTRATION SERVICES MANAGEMENT AREA (DCASMA), KANSAS CITY, MISSOURI, ON THE EXCLUSIVELY RECOGNIZED BARGAINING UNITS WITH EMPLOYEES LOCATED AT WICHITA, KANSAS, /2/ AND NEOSHO/JOPLIN, MISSOURI. /3/ THE ACTIVITY AND THE AFGE CONTEND THAT, AS A RESULT OF THE DISESTABLISHMENT OF THE DCASMA KANSAS CITY, THE UNIT REPRESENTED BY NAGE LOCAL R14-56 IS NO LONGER APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION UNDER THE STATUTE IN THAT EMPLOYEES CURRENTLY DUTY STATIONED AT NEOSHO/JOPLIN HAVE BY ACCRETION BECOME PART OF A CONSOLIDATED UNIT WHICH INCLUDES EMPLOYEES OF THE DCASMA WICHITA AND WHICH IS REPRESENTED BY THE AFGE. IN ESSENCE, THE ACTIVITY TAKES THE POSITION THAT THE CONSOLIDATED UNIT REPRESENTED BY THE AFGE SHOULD BE CLARIFIED TO REFLECT CERTAIN CHANGES IN THE ACTIVITY'S ORGANIZATION RESULTING FROM THE DISESTABLISHMENT. THUS, THE ACTIVITY ASSERTS THAT THE CONSOLIDATED UNIT REPRESENTED BY THE AFGE SHOULD INCLUDE ALL NON-SUPERVISORY, NON-PROFESSIONAL EMPLOYEES OF CERTAIN DEFENSE LOGISTICS AGENCY OFFICES, AS WELL AS EMPLOYEES ASSIGNED TO DCASMA WICHITA, AND CURRENTLY LOCATED AT NEOSHO AND JOPLIN, MISSOURI. ON THE OTHER HAND, THE NAGE CONTENDS THAT AFTER THE DISESTABLISHMENT, ITS UNIT CONTINUES AS A VIABLE AND APPROPRIATE UNIT FOR THE PURPOSE OF EXCLUSIVE RECOGNITION UNDER THE STATUTE. THE ACTIVITY IS ONE OF NINE FIELD LEVEL REGIONS OF THE DEFENSE LOGISTICS AGENCY. HEADQUARTERED IN ST. LOUIS, MISSOURI, IT PROVIDES CONTRACT ADMINISTRATION SERVICES IN SUPPORT OF THE DEPARTMENT OF DEFENSE AND OTHER FEDERAL AGENCIES AND IS HEADED BY A REGIONAL COMMANDER, WHO IS A MILITARY OFFICER. REPORTING TO THE COMMANDER, AND LOCATED AT THE HEADQUARTERS, ARE SEVERAL OFFICES AND DIRECTORATES WHICH ARE RESPONSIBLE FOR PLANNING AND MONITORING ALL REGIONAL OPERATIONS. THE OFFICES ARE CONCERNED PRIMARILY WITH MATTERS REGARDING PLANNING AND MANAGEMENT, COMMAND SUPPORT, CIVILIAN PERSONNEL ADMINISTRATION, AND LEGAL COUNSEL. THE DIRECTORATES OVERSEE MATTERS REGARDING SYSTEMS AND FINANCIAL MANAGEMENT, CONTRACT ADMINISTRATION, PRODUCTION, QUALITY ASSURANCE, INDUSTRIAL SECURITY, AND CONTRACTOR EMPLOYMENT COMPLIANCE. IN ADDITION, THE ACTIVITY IS ORGANIZATIONALLY COMPOSED OF OPERATIONS OFFICES LOCATED THROUGHOUT THE GEOGRAPHIC AREA UNDER ITS JURISDICTION. THESE OFFICES ARE RESPONSIBLE FOR THE ACHIEVEMENT OF THE ACTIVITY'S MISSION WITHIN THE GEOGRAPHIC AREA OF THEIR RESPECTIVE RESPONSIBILITIES. PRIOR TO THE REORGANIZATION, THE ACTIVITY WAS COMPOSED OF SEVEN DEFENSE CONTRACT ADMINISTRATION SERVICES MANAGEMENT AREAS (DCASMA), AMONG WHICH WERE WICHITA, KANSAS, AND KANSAS CITY, MISSOURI. ATTACHED TO DCASMA KANSAS CITY WERE EMPLOYEES DUTY STATIONED AT FACILITIES LOCATED IN NEOSHO AND JOPLIN, MISSOURI, REPRESENTED BY NAGE LOCAL R14-56, THE ONLY PORTION OF THAT DCASMA REPRESENTED BY A UNION. THE DCASMA WICHITA EMPLOYEES WERE REPRESENTED BY AFGE LOCAL 2936, WHICH LATER BECAME A PART OF THE CONSOLIDATED UNIT REPRESENTED BY THE NATIONAL AFGE. THE NATIONWIDE CONSOLIDATED UNIT INCLUDES ALL NON-SUPERVISORY, NON-PROFESSIONAL EMPLOYEES OF CERTAIN DEFENSE LOGISTICS AGENCY OFFICES, INCLUDING THE DCASMA WICHITA OPERATION. AS A RESULT OF THE REORGANIZATION, DCASMA KANSAS CITY WAS DISESTABLISHED AND ITS EMPLOYEES WERE ASSIGNED TO DCASMAS ST. LOUIS, CEDAR RAPIDS, AND WICHITA. THE NEOSHO/JOPLIN EMPLOYEES WERE ASSIGNED TO THE DCASMA WICHITA OPERATION. THEREAFTER THE DCASMA KANSAS CITY CEASED TO CONSTITUTE A SEPARATE ORGANIZATIONAL COMPONENT OF THE ACTIVITY AND THOSE EMPLOYEES ASSIGNED TO DCASMA WICHITA BECAME ORGANIZATIONALLY AND OPERATIONALLY INTEGRATED INTO DCASMA WICHITA. THE MAJORITY OF THE NEOSHO/JOPLIN EMPLOYEES ARE ASSIGNED TO THE JOPLIN BRANCH OF THE QUALITY ASSURANCE DIVISION, ONE OF FOUR BRANCH OFFICES. THE JOPLIN BRANCH CHIEF AND THE OTHER THREE BRANCH CHIEFS, WHO ARE LOCATED IN WICHITA, REPORT TO THE DIVISION CHIEF IN WICHITA. THE OTHER NEOSHO/JOPLIN EMPLOYEES REPORT TO BRANCH CHIEFS OF OTHER DIVISIONS, WHO ARE ALSO LOCATED IN WICHITA. RESPONSIBILITY FOR SELECTION OF EMPLOYEES FOR PROMOTION, APPOINTMENTS, DISCIPLINARY ACTIONS, ADVERSE ACTIONS, REVIEW OF WITHIN GRADE INCREASES AND RESPONSIBILITY FOR RATING AND REVIEWING PERFORMANCE APPRAISALS RESTS WITH THE MANAGERS AND THE COMMANDER AT WICHITA. UNDER THE NEW ORGANIZATIONAL STRUCTURE, ALL NEOSHO/JOPLIN EMPLOYEES ARE SUBJECT TO THE SUPERVISION OF THE DCASMA WICHITA COMMANDER AND MAKE OPERATIONAL REPORTS TO THE ACTIVITY THROUGH THE DCASMA WICHITA ORGANIZATION. THE RECORD FURTHER REVEALS THAT ALL EMPLOYEES OF DCASMA WICHITA, INCLUDING THOSE ASSIGNED TO NEOSHO/JOPLIN, ENJOY ESSENTIALLY SIMILAR JOB CLASSIFICATIONS, SKILLS AND DUTIES PURSUANT TO POLICIES AND PROCEDURES ESTABLISHED BY THE ACTIVITY, AND ENJOY UNIFORM PERSONNEL AND LABOR RELATIONS POLICIES AND PRACTICES ADMINISTERED BY THE ACTIVITY'S PERSONNEL OFFICE. IN THESE CIRCUMSTANCES, THE AUTHORITY FINDS PURSUANT TO THE REORGANIZATION THAT THE NEOSHO/JOPLIN EMPLOYEES WERE ORGANIZATIONALLY AND OPERATIONALLY INTEGRATED INTO DCASMA WICHITA AND THUS ACCRETED TO THE BARGAINING UNIT REPRESENTED EXCLUSIVELY BY AFGE, WHICH ENCOMPASSES THE EMPLOYEES AT DCASMA WICHITA. THE AUTHORITY CONCLUDES THAT THE NEOSHO/JOPLIN EMPLOYEES DO NOT ENJOY A CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST SEPARATE AND DISTINCT FROM OTHER EMPLOYEES OF DCASMA WICHITA IN THAT SUBSEQUENT TO THE REORGANIZATION, ALL EMPLOYEES OF DCASMA WICHITA, INCLUDING THE EMPLOYEES AT NEOSHO/JOPLIN, ENJOY COMMON SUPERVISION, ESSENTIALLY SIMILAR WORKING CONDITIONS, AND ARE SUBJECT TO THE SAME PERSONNEL POLICIES AND PRACTICES, ADMINISTERED BY THE SAME PERSONNEL OFFICE. FURTHER, FOR THESE REASONS, A UNIT LIMITED TO EMPLOYEES AT NEOSHO/JOPLIN WOULD NOT PROMOTE EFFECTIVE DEALINGS OR EFFICIENCY OF AGENCY OPERATIONS. ACCORDINGLY, THE AUTHORITY SHALL CLARIFY THE CONSOLIDATED UNIT REPRESENTED BY THE AFGE BY INCLUDING IN SUCH UNIT THE EMPLOYEES DUTY STATIONED AT NEOSHO/JOPLIN AND FORMERLY REPRESENTED BY NAGE LOCAL R14-56, AND BY CHANGING THE UNIT DESCRIPTION TO REFLECT THE ORGANIZATIONAL CHANGES RESULTING FROM THE REORGANIZATION. ORDER IT IS HEREBY ORDERED THAT THE NON-PROFESSIONAL CONSOLIDATED UNIT FOR WHICH THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO WAS CERTIFIED ON MAY 9, 1979, IN CASE NO. 22-09044(UC), BE, AND IT HEREBY IS, CLARIFIED BY INCLUDING THE EMPLOYEES OF DEFENSE CONTRACT ADMINISTRATION SERVICES MANAGEMENT AREA, WICHITA, KANSAS, DUTY STATIONED AT NEOSHO AND JOPLIN, MISSOURI. ISSUED, WASHINGTON, D.C., MARCH 9, 1981 RONALD W. HAUGHTON, CHAIRMAN HENRY B. FRAZIER III, MEMBER LEON B. APPLEWHAITE, MEMBER FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES$ --------------- /1/ THE NAME OF THE LABOR ORGANIZATION APPEARS AS AMENDED AT THE HEARING OVER THE OBJECTION OF THE INTERVENOR. /2/ THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (AFGE), WAS CERTIFIED IN CASE NO. 22-09044(UC) ON MARCH 6, 1979, AS THE REPRESENTATIVE OF A NATIONWIDE CONSOLIDATED UNIT OF ALL NON-SUPERVISORY, NON-PROFESSIONAL EMPLOYEES OF CERTAIN DEFENSE LOGISTICS AGENCY OFFICES THROUGHOUT THE AGENCY'S VARIOUS REGIONS, INCLUDING SUCH EMPLOYEES OF THE DEFENSE CONTRACT ADMINISTRATION SERVICES MANAGEMENT AREA, WICHITA, KANSAS. /3/ THE NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCAL R14-56 (NAGE) WAS RECOGNIZED AS THE EXCLUSIVE REPRESENTATIVE IN A UNIT DESCRIBED AS: "ALL NON-PROFESSIONAL EMPLOYEES EMPLOYED BY THE DEFENSE CONTRACT ADMINISTRATION SERVICES MANAGEMENT AREA, KANSAS CITY, MISSOURI, DUTY STATIONED IN THE JOPLIN-NEOSHO COMMUNITY AREA, EXCLUDING ALL PROFESSIONAL EMPLOYEES, MANAGEMENT OFFICIALS, EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN PURELY CLERICAL CAPACITIES, TEMPORARY EMPLOYEES, AND SUPERVISORS AS DEFINED IN THE ORDER."