[ v05 p285 ]
05:0285(38)CU
The decision of the Authority follows:
5 FLRA No. 38
GENERAL SERVICES ADMINISTRATION
NATIONAL CAPITAL REGION
Activity/Petitioner
and
STEAMFITTERS LOCAL UNION 602 OF
THE UNITED ASSOCIATION OF JOURNEYMEN
AND APPRENTICES OF THE PLUMBING
AND PIPEFITTING INDUSTRY OF THE
UNITED STATES AND CANADA, AFL-CIO
Labor Organization
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2151, AFL-CIO
Labor Organization
Case No. 3-CU-48
DECISION AND ORDER CLARIFYING UNIT
UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
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 THE SUBJECT CASE, THE AUTHORITY FINDS: THE
GENERAL SERVICES ADMINISTRATION, NATIONAL CAPITAL REGION
(ACTIVITY/PETITIONER), FILED A CLARIFICATION OF UNIT PETITION SEEKING A
DETERMINATION AS TO WHETHER A REORGANIZATION WITHIN THE ACTIVITY HAD THE
EFFECT OF ACCRETING NINE METER SHOP NON-SUPERVISORY WAGE GRADE EMPLOYEES
TO THE BARGAINING UNIT EXCLUSIVELY REPRESENTED BY STEAMFITTERS LOCAL
UNION 602 OF THE UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE
PLUMBING AND PIPEFITTING INDUSTRY OF THE UNITED STATES AND CANADA,
AFL-CIO (STEAMFITTERS) /1/ OR WHETHER SUCH EMPLOYEES REMAIN IN THE
CERTIFIED UNIT REPRESENTED BY AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2151, AFL-CIO (AFGE). /2/ THE ACTIVITY/PETITIONER
TAKES NO POSITION AS TO WHICH LABOR ORGANIZATION REPRESENTS THE METER
SHOP EMPLOYEES. THE AFGE CONTENDS THAT IT CONTINUES TO REPRESENT THE
METER SHOP EMPLOYEES, WHILE IT IS ALLEGED BY THE STEAMFITTERS THAT THE
NINE EMPLOYEES INVOLVED HAVE ACCRETED TO ITS UNIT OF EXCLUSIVE
RECOGNITION AND SHARE A COMMUNITY OF INTEREST WITH THE EMPLOYEES
THEREIN.
ON DECEMBER 14, 1979, A REORGANIZATION OF THE ACTIVITY'S PUBLIC
BUILDINGS SERVICE WAS INSTITUTED. AS A RESULT OF THE REORGANIZATION,
THE ACTIVITY'S METER SHOP WAS ORGANIZATIONALLY TRANSFERRED INTACT WITHIN
THE HEATING OPERATIONS AND TRANSMISSION AREA (HOTA) FROM THE TECHNICAL
FIELD OFFICE TO THE DISTRICT HEATING FIELD OFFICE. THE METER SHOP DID
NOT PHYSICALLY MOVE AS A RESULT OF THE REORGANIZATION. IN SEPTEMBER
1978, MORE THAN A YEAR PRIOR TO THE REORGANIZATION, THE METER SHOP HAD
BEEN MOVED FROM THE ACTIVITY'S WEST PLANT IN GEORGETOWN TO ITS PRESENT
LOCATION IN ARLINGTON, VIRGINIA, WHERE IT SHARES SPACE WITH THE DISTRICT
HEATING FIELD OFFICE HEADQUARTERS AND THE STEAM DISTRIBUTION COMPLEX.
THE METER SHOP IS RESPONSIBLE FOR MAINTAINING METERS THROUGHOUT THE
STEAM DISTRIBUTION COMPLEX AND WITHIN THE HEATING PLANTS UNDER THE
JURISDICTION OF HOTA. IT ALSO HAS THE RESPONSIBILITY FOR MAINTAINING
AND REPAIRING NUMERIC, ELECTRIC AND ELECTRONIC CONTROLS. METER SHOP
EMPLOYEES PERFORM 80 TO 90 PERCENT OF THEIR WORK, INCLUDING THE
SERVICING OF METERS, IN OVER 100 BUILDINGS IN THE WASHINGTON, D.C.
METROPOLITAN AREA. THE FUNCTIONS AND SERVICE AREA OF THE METER SHOP DID
NOT CHANGE BY VIRTUE OF THE REORGANIZATION. ITS EMPLOYEES CONTINUE TO
PERFORM THE SAME FUNCTIONS AND DUTIES AND REPORT TO THE SAME IMMEDIATE
SUPERVISOR AS BEFORE THE REORGANIZATION. ALTHOUGH EMPLOYEES OF THE
METER SHOP AND THE STEAMFITTERS UNIT ARE LOCATED IN THE SAME BUILDING,
THERE IS LITTLE JOB RELATED CONTACT AND NO JOB INTERCHANGE. THE
STEAMFITTERS PERFORM MOST OF THEIR WORK SERVICING AND MAINTAINING STEAM
PIPES THROUGHOUT THE ACTIVITY'S TUNNEL SYSTEM, WHILE METERMEN USUALLY
WORK IN BUILDINGS WHERE THE METERS ARE LOCATED. WHILE THE WAGE GRADE
EMPLOYEES IN ALL OF THE UNITS AT THE ACTIVITY ARE SERVICED BY A CENTRAL
PERSONNEL OFFICE (CPO) WHICH IS RESPONSIBLE FOR (AMONG OTHER THINGS) THE
ADMINISTRATION OF LABOR RELATIONS, THE CPO HAS SERVICED ALL THE AFFECTED
EMPLOYEES BEFORE AS WELL AS AFTER THE REORGANIZATION.
BASED UPON THE FOREGOING, THE AUTHORITY FINDS THAT THE ACTIVITY'S
METER SHOP EMPLOYEES CONTINUE TO BE INCLUDED IN THE CONSOLIDATED UNIT
EXCLUSIVELY REPRESENTED BY AFGE, AND THAT AN ACCRETION OF THE NINE
DISPUTED EMPLOYEES TO THE STEAMFITTERS' UNIT OF EXCLUSIVE RECOGNITION IS
NOT JUSTIFIED. THUS, AS PREVIOUSLY STATED, AFTER THE REORGANIZATION THE
METER SHOP EMPLOYEES HAVE CONTINUED TO PERFORM THE SAME WORK IN THE SAME
LOCATION AND UNDER THE SAME IMMEDIATE SUPERVISION AS BEFORE THE
REORGANIZATION. AT NO TIME DID THEY BECOME COMMINGLED, EITHER
PHYSICALLY OR FUNCTIONALLY, WITH THE EMPLOYEES IN THE UNIT EXCLUSIVELY
REPRESENTED BY THE STEAMFITTERS. IN THIS LATTER REGARD, ALTHOUGH THE
METER SHOP EMPLOYEES REPORT TO WORK IN THE SAME BUILDING AS THE
STEAMFITTERS, AND HAVE DONE SO FOR MORE THAN A YEAR PRIOR TO THE
REORGANIZATION (DURING WHICH TIME THEY REMAINED WITHOUT CHALLENGE IN
AFGE'S CONSOLIDATED UNIT), THEY SPEND THE VAST MAJORITY OF THEIR WORK
DAY MAINTAINING METERS IN BUILDINGS THROUGHOUT THE WASHINGTON
METROPOLITAN AREA, WHEREAS THE STEAMFITTERS PERFORM MOST OF THEIR WORK
IN OTHER LOCATIONS MAINTAINING STEAM PIPES THROUGHOUT THE ACTIVITY'S
TUNNEL SYSTEM. INASMUCH AS THE EMPLOYEES IN QUESTION PERFORM
IDENTIFIABLY DISTINCT FUNCTIONS IN DIFFERENT LOCATIONS AND UNDER
DIFFERENT SUPERVISION, AND INASMUCH AS THERE IS NO INTERCHANGE BETWEEN
THE TWO FUNCTIONS, IT IS CONCLUDED THAT THE METER SHOP EMPLOYEES RETAIN
THEIR COMMUNITY OF INTEREST WITH THE OTHER EMPLOYEES IN THE CONSOLIDATED
UNIT EXCLUSIVELY REPRESENTED BY AFGE AND DO NOT SHARE A SEPARATE AND
DISTINCT COMMUNITY OF INTEREST WITH THE EMPLOYEES IN THE STEAMFITTERS'
UNIT OF EXCLUSIVE RECOGNITION. MOREOVER, NOTING THAT THE METER SHOP
EMPLOYEES HAVE REMAINED PHYSICALLY SEPARATE AND FUNCTIONALLY DISTINCT
FROM THE EMPLOYEES IN THE STEAMFITTERS' UNIT AFTER THE REORGANIZATION,
IT IS CONCLUDED THAT EFFECTIVE DEALINGS AND EFFICIENCY OF OPERATIONS
WOULD BE PROMOTED BY MAINTAINING THE ESTABLISHED UNITS OF EXCLUSIVE
RECOGNITION WITHIN THE ACTIVITY AS THEY EXISTED PRIOR TO THE
REORGANIZATION. /3/ ACCORDINGLY, THE ACTIVITY'S PETITION FOR
CLARIFICATION OF UNIT MUST BE DISMISSED.
ORDER
IT IS HEREBY ORDERED THAT THE PETITION IN CASE NO 3-CU-48 BE, AND IT
HEREBY IS, DISMISSED.
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 UNIT EXCLUSIVELY REPRESENTED BY THE STEAMFITTERS SINCE JUNE
7, 1968, CONSISTS OF ALL (APPROXIMATELY 37) EMPLOYEES OF THE STEAM
DISTRIBUTION COMPLEX, DISTRICT HEATING FIELD OFFICE, HEATING OPERATIONS
AND TRANSMISSION AREA, PUBLIC BUILDINGS SERVICE.
/2/ ON MAY 26, 1978, AFGE WAS CERTIFIED AS EXCLUSIVE REPRESENTATIVE
FOR A CONSOLIDATED UNIT CONSISTING OF ALL (APPROXIMATELY 1268)
NON-SUPERVISORY PUBLIC BUILDINGS SERVICE EMPLOYEES IN THE WASHINGTON
METROPOLITAN AREA, INCLUDING CARPENTERS, PLUMBERS, UTILITY SYSTEMS
REPAIRER OPERATORS, ROOFERS, ELEVATOR REPAIRERS, AND ALL OTHER WAGE
GRADE EMPLOYEES NOT OTHERWISE IN EXCLUSIVE BARGAINING UNITS, BUT
EXCLUDING SUPERVISORS, MANAGEMENT OFFICIALS, EMPLOYEES ENGAGED IN
FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY AND
EMPLOYEES OTHERWISE IN EXCLUSIVE BARGAINING UNITS.
/3/ COMPARE DEFENSE CONTRACT ADMINISTRATION SERVICE REGION, ST.
LOUIS, MISSOURI, 5 FLRA NO. 37(1981).