[ v05 p606 ]
05:0606(84)RO
The decision of the Authority follows:
5 FLRA No. 84
TRIDENT REFIT FACILITY, BANGOR
BREMERTON, WASHINGTON
Activity
and
INTERNATIONAL ASSOCIATION OF
MACHINISTS AND AEROSPACE
WORKERS, DISTRICT LOCAL 282,
AFL-CIO
Petitioner
and
AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
AFL-CIO
Intervenor
and
BREMERTON METAL TRADES COUNCIL,
AFL-CIO
Cross Petitioner
Case Nos. 9-RO-30 and 9-RO-33
DECISION, ORDER, AND DIRECTION OF ELECTION
UPON PETITION DULY FILED UNDER SECTION 7111(B)(1) OF THE FEDERAL
SERVICE LABOR-MANAGEMENT RELATIONS STATUE, 5 U.S.C. 7101-7135, A 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 THE SUBJECT CASE, THE AUTHORITY FINDS: THE
INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, DISTRICT
LOCAL 282, AFL-CIO (PETITIONER) SEEKS TO REPRESENT EXCLUSIVELY EMPLOYEES
OF THE DEPARTMENT OF THE NAVY, TRIDENT REFIT FACILITY, BANGOR, LOCATED
AT BREMERTON, WASHINGTON (ACTIVITY) IN A UNIT DESCRIBED AS: "ALL
NONPROFESSIONAL GENERAL SCHEDULE (GS) AND WAGE GRADE (WG) EMPLOYEES AT
TRIDENT SUBMARINE REFIT FACILITY (TRIFAC), EXCLUDING ALL PROFESSIONAL
EMPLOYEES, MANAGEMENT OFFICIALS, SUPERVISORS AND EMPLOYEES DESCRIBED IN
5 U.S.C. SECTION 7112(B)(2), (3), (4), (6) AND (7)." THE ACTIVITY AND
THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (INTERVENOR)
AGREE WITH THE PETITIONER AS TO THE APPROPRIATENESS OF THE PROPOSED
UNIT. THE BREMERTON METAL TRADES COUNCIL, AFL-CIO (CROSS PETITIONER)
TAKES THE POSITION THAT A UNIT OF GS AND WG EMPLOYEES WOULD BE
INAPPROPRIATE, AND SEEKS A SEPARATE UNIT CONSISTING ONLY OF WG
EMPLOYEES. FURTHERMORE, IT CONTENDS THAT, BECAUSE THERE WILL BE A
SUBSTANTIAL INCREASE IN PERSONNEL, THERE IS NOT A REPRESENTATIVE WORK
FORCE AT THIS TIME AND THUS NO ELECTION SHOULD BE HELD UNTIL A FULL
COMPLEMENT EXISTS.
TRIDENT REFIT FACILITY (TRIFAC) IS ONE OF SEVERAL FACILITIES LOCATED
ON THE BANGOR NAVAL FIELD SUBMARINE BASE, BREMERTON, WASHINGTON. ITS
MISSION IS TO PROVIDE LIFE-CYCLE MAINTENANCE AND SUPPLY SUPPORT TO
TRIDENT SUBMARINES BETWEEN OVER-HAULS, TO ACCOMPLISH REFIT AND
REPLENISHMENT ACTIONS WITHIN AN 18-DAY TIME FRAME AND TO CONDUCT
EMERGENCY REPAIRS TO OTHER STRATEGIC AND ATTACK SUBMARINES TO THE EXTENT
THAT THE COMMONALITY OF SYSTEMS AND EQUIPMENT OF THE TRIDENT SUBMARINES
PERMIT.
THE ACTIVITY IS ORGANIZED, UNDER THE OVERALL DIRECTION OF A
COMMANDING OFFICER INTO EIGHT WORK CENTERS. ONE CONSISTS SOLELY OF
MILITARY PERSONNEL; THE OTHER SEVEN, COMPOSED OF BOTH MILITARY AND
CIVILIAN PERSONNEL, ARE ENCOMPASSED BY THE INSTANT PETITIONS. THE RATIO
OF EMPLOYEES AT TRIFAC IS 40% MILITARY AND 60% CIVILIAN. AT PRESENT, OF
THE CIVILIAN PERSONNEL SOUGHT, THERE ARE APPROXIMATELY 137 GS EMPLOYEES
AND 123 WG EMPLOYEES. BY JULY 1981, THERE SHOULD BE 238 GS EMPLOYEES
AND 307 WG EMPLOYEES. ALL OF THE EMPLOYEES IN THE UNIT PETITIONED FOR
ARE ENGAGED IN THE PRODUCTION OF THE FINAL MISSION OF THE ACTIVITY EVEN
THOUGH THEIR EXACT DUTIES MAY INVOLVE DIFFERENT SKILLS AND TRAINING
REQUIRED TO REFIT NUCLEAR SUBMARINES. IN ORDER TO COMPLETE THE WORK IN
AN 18-DAY CYCLE, TEAMWORK REQUIRING CONSTANT INTERCHANGE AMONG ALL
EMPLOYEES IS ESSENTIAL AND IN FACT OCCURS IN THE UNIT SOUGHT. ALL
CIVILIAN EMPLOYEES REPORT TO THE COMMANDING OFFICER. PERSONNEL POLICIES
FOR ALL EMPLOYEES ARE ESTABLISHED AND FUNCTION CENTRALLY, AND ONE
CIVILIAN PERSONNEL OFFICE IS RESPONSIBLE FOR FORMULATING POLICY WITH
RESPECT TO HIRING, CAREER DEVELOPMENT AND MERIT PROMOTION. ALL
EMPLOYEES SHARE COMMON SUPERVISION AND FACILITIES SUCH AS PARKING,
CAFETERIA AND THE INFIRMARY.
THE ACTIVITY, PETITIONER AND INTERVENOR AGREE THAT THE UNIT SOUGHT IS
AN APPROPRIATE UNIT. THEY ARGUE THAT THE IMPLEMENTATION OF ONE
COLLECTIVE BARGAINING AGREEMENT WOULD PROMOTE THE EFFICIENCY OF AGENCY
OPERATIONS AND EFFECTIVE DEALINGS BETWEEN THE PARTIES. WITH REGARD TO
COMMUNITY OF INTEREST, THEY NOTE THE CONSTANT INTERCHANGE AMONG
EMPLOYEES REQUIRED BY THE MISSION OF THE ACTIVITY. FURTHERMORE, THE
ACTIVITY AND THE PETITIONER CONTEND THAT THERE ALREADY IS A SUFFICIENT
NUMBER OF EMPLOYEES TO CARRY OUT THE ACTIVITY'S MISSION.
THE CROSS PETITIONER ARGUES THAT THE UNIT SOUGHT IS INAPPROPRIATE.
IT ASSERTS THAT THE WG EMPLOYEES POSSESS AND UTILIZE DIFFERENT SKILLS
AND SHOULD BE REPRESENTED SEPARATELY BY A UNION WITH KNOWLEDGE OF SUCH
SKILLS. IT CONTENDS THAT THERE WILL BE A SUBSTANTIAL INCREASE IN
PERSONNEL BEFORE THE ACTIVITY BECOMES FULLY OPERATIONAL, AND THAT
THEREFORE NO ELECTION SHOULD BE HELD UNTIL A FULL COMPLEMENT OF
EMPLOYEES AND JOB CLASSIFICATIONS EXISTS.
THE AUTHORITY FINDS THAT ALL THE EMPLOYEES SOUGHT ENJOY A COMMON
MISSION, COMMON SUPERVISION, INTER-RELATED DUTIES, TRAINING AND GENERAL
WORKING CONDITIONS, ARE SUBJECT TO UNIFORM PERSONNEL AND LABOR RELATIONS
POLICIES, AND SHARE A CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST.
FURTHER, IN VIEW OF THE OVERALL MISSION OF THE ACTIVITY, THE DEMAND THAT
ALL THE EMPLOYEES GS AND WG ALIKE, WORK CLOSELY TOGETHER TO ACCOMPLISH
THAT MISSION WITHIN STRICT TIME FRAMES, THE AUTHORITY FINDS THAT THE
UNIT SOUGHT BY THE PETITIONER AND INTERVENOR WOULD PROMOTE EFFECTIVE
DEALINGS AND EFFICIENCY OF OPERATIONS. IT IS THEREFORE FOUND THAT THE
UNIT SOUGHT BY THE PETITIONER AND INTERVENOR IS APPROPRIATE FOR PURPOSES
OF COLLECTIVE BARGAINING.
THE RECORD REVEALS THAT AT THE TIME OF THE HEARING, 48% OF THE WORK
FORCE EXPECTED BY JULY 1981 HAD ALREADY BEEN EMPLOYED, AND 68% OF THE
EXPECTED JOB CLASSIFICATIONS WERE IN EXISTENCE AND HAD BEEN FILLED.
CONTRARY TO THE CONTENTION OF THE CROSS PETITIONER, THE AUTHORITY FINDS
THAT THE PROPOSED UNIT AT THE TIME OF THE HEARING CONTAINED A
SUFFICIENTLY REPRESENTATIVE PERCENTAGE OF THE ULTIMATE COMPLEMENT OF
PERSONNEL AND JOB CLASSIFICATIONS EXPECTED, WHICH REFLECTS THE OVERALL
INTEREST OF EMPLOYEES IN THE NEW ORGANIZATION AND JUSTIFIES THE HOLDING
OF AN ELECTION AS SOON AS POSSIBLE. IN THE AUTHORITY'S VIEW, A DELAY
UNTIL SUCH TIME AS A FULL COMPLEMENT OF EMPLOYEES AND JOB
CLASSIFICATIONS ARE IN PLACE WOULD NOT EFFECTUATE THE PURPOSES OF THE
STATUTE.
FURTHERMORE, THE AUTHORITY FINDS THAT THE UNIT PETITIONED FOR BY THE
CROSS PETITIONER IN CASE NO. 9-RO-33, WHICH ENCOMPASSES ONLY WG
EMPLOYEES, IS INAPPROPRIATE FOR THE PURPOSES OF EXCLUSIVE RECOGNITION.
IN THIS REGARD, THE RECORD REVEALS THAT THE CLAIMED WG EMPLOYEES DO NOT
SHARE A CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST SEPARATE FROM OTHER
EMPLOYEES EMPLOYED AT THE ACTIVITY INASMUCH AS THEY ENJOY A COMMON
MISSION, HAVE ESSENTIALLY THE SAME WORKING CONDITIONS, ARE COVERED BY
UNIFORM PERSONNEL AND LABOR RELATIONS POLICIES AND SHARE COMMON
SUPERVISION. THEREFORE, THE AUTHORITY SHALL DISMISS THE CROSS
PETITIONER'S PETITION.
ACCORDINGLY, BASED ON ALL THE ABOVE CIRCUMSTANCES, THE AUTHORITY
FINDS THE FOLLOWING UNIT TO BE APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE
RECOGNITION UNDER THE STATUTE:
ALL NON-PROFESSIONAL GENERAL SCHEDULE (GS) AND WAGE GRADE (WG)
EMPLOYEES EMPLOYED AT
TRIDENT SUBMARINE REFIT FACILITY (TRIFAC), EXCLUDING ALL PROFESSIONAL
EMPLOYEES, MANAGEMENT
OFFICIALS, SUPERVISORS AND EMPLOYEES DESCRIBED IN 5 U.S.C. SECTION
7112(B)(2),(3),(4),(6) AND
(7).
DIRECTION OF ELECTION
AN ELECTION BY SECRET BALLOT SHALL BE CONDUCTED AMONG THE EMPLOYEES
IN THE UNIT FOUND APPROPRIATE AS EARLY AS POSSIBLE, BUT NOT LATER THAN
60 DAYS FROM THE DATE BELOW. THE APPROPRIATE, SUBJECT TO THE
AUTHORITY'S RULES AND REGULATIONS. ELIGIBLE TO VOTE ARE THOSE IN THE
UNIT WHO WERE EMPLOYED DURING THE PAYROLL PERIOD IMMEDIATELY PRECEDING
THE DATE BELOW, INCLUDING EMPLOYEES WHO DID NOT WORK DURING THAT PERIOD
BECAUSE THEY WERE OUT ILL, OR ON VACATION, OR ON FURLOUGH, INCLUDING
THOSE IN THE MILITARY SERVICE, WHO APPEAR IN PERSON AT THE POLLS.
INELIGIBLE TO VOTE ARE EMPLOYEES WHO QUIT OR WERE DISCHARGED FOR CAUSE
SINCE THE DESIGNATED PAYROLL PERIOD AND HAVE NOT BEEN REHIRED OR
REINSTATED BEFORE THE ELECTION DATE. THOSE ELIGIBLE SHALL VOTE WHETHER
OR NOT THEY DESIRE TO BE REPRESENTED FOR THE PURPOSE OF EXCLUSIVE
RECOGNITION BY THE INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE
WORKERS, DISTRICT LOCAL 282, AFL-CIO; OR THE AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, AFL-CIO; OR THE BREMERTON METAL TRADES COUNCIL,
AFL-CIO; OR BY NONE OF THE ABOVE LABOR ORGANIZATIONS. /1/
ORDER
IT IS HEREBY ORDERED THAT THE PETITION FILED IN CASE NO. 9-RO-33, BE,
AND HEREBY IS DISMISSED.
ISSUED, WASHINGTON, D.C., MAY 15, 1981
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
CERTIFICATE OF SERVICE
COPIES OF THE ORDER OF THE FEDERAL LABOR RELATIONS AUTHORITY IN THE
SUBJECT PROCEEDING HAVE THIS DAY BEEN MAILED TO THE PARTIES LISTED
BELOW:
A. S. CALCAGNO
SENIOR LABOR RELATIONS ADVISOR
WESTERN FIELD DIVISION
NAVAL CIVILIAN PERSONNEL COMMAND
TISHMAN BUILDING, ROOM 3522
525 MARKET STREET
SAN FRANCISCO, CALIFORNIA 94105
WARD M. JOHNSTON
GRAND LODGE REPRESENTATIVE
INTERNATIONAL ASSOCIATION OF MACHINISTS
11105 N.E. SANDY BOULEVARD
PORTLAND, OREGON 97220
ALLEN B. COATS
GENERAL REPRESENTATIVE
METAL TRADES DEPARTMENT, AFL-CIO
431 RIO DEL MAR
VALLEJO, CALIFORNIA 94590
WAYNE A. CRABTREE
NATIONAL REPRESENTATIVE
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
STAR ROUTE 1, BOX 72
EAST EMERALD LAKE DRIVE
GRAPEVIEW, WASHINGTON 98546
ROBERT G. MAYBERRY
REGIONAL DIRECTOR
REGION 9
FEDERAL LABOR RELATIONS AUTHORITY
450 GOLDEN GATE AVENUE
ROOM 11409, P.O. BOX 36016
SAN FRANCISCO, CALIFORNIA 94012
--------------- FOOTNOTES$ ---------------
/1/ IN THE EVENT THAT THE CROSS PETITIONER, BMTC, DOES NOT DESIRE TO
PROCEED TO AN ELECTION IN THE UNIT FOUND APPROPRIATE, IT MAY REQUEST
THAT THE REGIONAL DIRECTOR REMOVE ITS NAME FROM THE BALLOT. THE REQUEST
MUST BE IN WRITING AND MUST BE RECEIVED NO LATER THAN SEVEN DAYS BEFORE
THE DATE OF THE ELECTION. SUCH REQUEST IS SUBJECT TO THE APPROVAL OF
THE REGIONAL DIRECTOR WHOSE DECISION IS FINAL.