[ v05 p685 ]
05:0685(92)RO
The decision of the Authority follows:
5 FLRA No. 92 U.S. DEPARTMENT OF AGRICULTURE FOOD AND NUTRITION SERVICE, MINNEAPOLIS ADP FIELD CENTER, MINNEAPOLIS, MINNESOTA Activity and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO Petitioner Case No. 5-RO-23 DECISION AND ORDER UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY UNDER SECTION 7111(B) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (STATUTE), 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 THIS CASE, THE AUTHORITY FINDS: THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (AFGE) FILED A PETITION SEEKING AN ELECTION IN A UNIT COMPOSED OF ALL GENERAL SCHEDULE AND WAGE GRADE NON-SUPERVISORY, NON-PROFESSIONAL, NON-MANAGERIAL EMPLOYEES LOCATED AT THE MINNEAPOLIS ADP FIELD CENTER, MINNEAPOLIS, MINNESOTA (ACTIVITY), EXCLUDING ALL SUPERVISORS, PROFESSIONALS, MANAGEMENT OFFICIALS AND EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK EXCEPT IN A PURELY CLERICAL CAPACITY. THE ACTIVITY CONTENDS THAT THE UNIT SOUGHT IS INAPPROPRIATE FOR EXCLUSIVE RECOGNITION UNDER THE STATUTE INASMUCH AS THE EMPLOYEES INVOLVED DO NOT SHARE A COMMUNITY OF INTEREST SEPARATE AND DISTINCT FROM THE EMPLOYEES IN THE OTHER FOUR BRANCHES WITHIN THE DIVISION (I.E., THE FOOD AND NUTRITION SERVICE), AND THAT SUCH UNIT WOULD LEAD TO UNWARRANTED FRAGMENTATION OF THE DIVISION AND WOULD NOT PROMOTE EFFECTIVE DEALINGS AND EFFICIENCY OF AGENCY OPERATIONS. AFGE TAKES THE POSITION THAT THE UNIT SOUGHT IS APPROPRIATE AS EVIDENCED BY ITS ADEQUATE SHOWING OF INTEREST. THE RECORD INDICATES THAT THERE IS NO HISTORY OF COLLECTIVE BARGAINING WITHIN THE DIVISION. THE FOOD AND NUTRITION SERVICE (FNS) IS A DIVISION OF THE DEPARTMENT OF AGRICULTURE RESPONSIBLE FOR PROVIDING ASSISTANCE WITH RESPECT TO PROGRAMS INVOLVING FOOD STAMPS, CHILD NUTRITION, FOOD DISTRIBUTION, AND THE NUTRITION AND FEEDING OF WOMEN, INFANTS AND CHILDREN. THERE ARE FIVE DEPUTY ADMINISTRATORS WHO REPORT TO THE ADMINISTRATOR OF THE FNS. ONE OF THE FIVE IS THE DEPUTY ADMINISTRATOR FOR THE AUTOMATED SYSTEMS DIVISION (ASD). THE MINNEAPOLIS ADP FIELD CENTER, THE ACTIVITY HEREIN, IS ONE OF FIVE BRANCHES WITHIN THE ASD. THE OTHER FOUR ASD BRANCHES ARE LOCATED IN WASHINGTON, D.C. THE MISSION OF THE ASD IS TO PROVIDE COMPUTER SUPPORT, SYSTEMS DESIGN SUPPORT, AND COMPUTER OPERATIONS SUPPORT FOR ALL OF THE MAJOR GROUPS WITHIN FNS. THE ACTIVITY AIDS ASD IN CARRYING OUT THAT MISSION BY PROVIDING ADP SYSTEMS ANALYSIS, PROGRAMMING, AND OPERATIONAL SUPPORT TO ACTIVITIES OF FNS FIELD AND COMPLIANCE OFFICERS; BY PROVIDING SPECIAL SYSTEMS SUPPORT TO THE DEPUTY ADMINISTRATOR FOR REGIONAL OPERATIONS; AND BY PROVIDING COMPUTERIZED PRINTING AND MAILING SERVICES TO FNS ORGANIZATIONS. THE ACTIVITY'S BASIC FUNCTION IS TO MONITOR FOOD STAMP ACTIVITY NATIONWIDE THROUGH GROCERY STORES. THE UNIT SOUGHT IS COMPOSED OF APPROXIMATELY 30 OF THE 90 EMPLOYEES IN THE ASD. ALL EMPLOYEES IN THE FIVE BRANCHES OF THE ASD HAVE ESSENTIALLY THE SAME JOB CLASSIFICATIONS, PERFORM SIMILAR FUNCTIONS, ENGAGE IN INTEGRATED WORK PROJECTS AND TASKS, ARE TRANSFERRED AND REASSIGNED TO OTHER BRANCHES OF THE ASD, COMPETE ON A DIVISION-WIDE BASIS FOR PROMOTIONAL OPPORTUNITIES AT THE GS-7 LEVEL AND ABOVE, ARE SUBJECT TO THE SAME AGENCY GRIEVANCE PROCEDURE AND REDUCTION-IN-FORCE PROCEDURES, AND ARE COVERED BY THE SAME AGENCY-WIDE PERSONNEL POLICIES AND PRACTICES. AUTHORITY TO AWARD, PROMOTE, DISCIPLINE OR SUSPEND EMPLOYEES FLOWS FROM THE DIVISION LEVEL AND HIGHER WITHIN THE AGENCY. BASED ON THE FOREGOING CIRCUMSTANCES, THE AUTHORITY CONCLUDES THAT THE UNIT WHICH THE PETITIONER SEEKS TO REPRESENT IS NOT APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION UNDER SECTION 7112 OF THE STATUTE, BECAUSE THE EMPLOYEES SOUGHT TO BE INCLUDED DO NOT SHARE A CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST SEPARATE AND DISTINCT FROM THE EMPLOYEES IN THE OTHER FOUR BRANCHES OF THE ASD, AND IT WILL NOT PROMOTE EFFECTIVE DEALINGS AND EFFICIENCY OF THE OPERATIONS OF THE AGENCY. DEALING FIRST WITH THE COMMUNITY OF INTEREST REQUIREMENT OF SECTION 7112(A)(1), THE ABOVE CITED FACTS MAKE IT CLEAR THAT EMPLOYEES WHO WOULD BE INCLUDED IN THE PROPOSED UNIT SHARE WITH EMPLOYEES WHO WOULD BE EXCLUDED FROM THAT UNIT ESSENTIALLY THE SAME MISSION AND DUTIES AND ARE SUBJECT TO THE SAME PERSONNEL POLICIES AND PRACTICES. FURTHER, THERE IS A SIGNIFICANT INTERCHANGE BETWEEN EMPLOYEES LOCATED AT THE ACTIVITY AND EMPLOYEES LOCATED AT OTHER BRANCHES OF THE ASD. HENCE, THERE IS NO CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST WHICH THE 30 PETITIONED FOR EMPLOYEES SHARE ONLY AMONGST THEMSELVES. /1/ THE AUTHORITY FURTHER NOTES THAT THE PROPOSED UNIT OF 30 OUT OF 90 ASD EMPLOYEES WOULD NOT PROMOTE EFFECTIVE DEALINGS OR EFFICIENCY OF AGENCY OPERATIONS SINCE IT WOULD RESULT IN ARTIFICIAL FRAGMENTATION OF AN INTEGRATED ADMINISTRATIVE COMPONENT OR SUBDIVISION OF THE AGENCY ON THE BASIS OF GEOGRAPHIC LOCATION ALONE. MOREOVER, AS PREVIOUSLY STATED, PERSONNEL POLICIES AND PRACTICES ARE CENTRALLY ESTABLISHED AND UNIFORMLY IMPLEMENTED FOR THE ENTIRE DIVISION. ACCORDINGLY, AS THE UNIT SOUGHT HEREIN DOES NOT SATISFY THE CRITERIA SET FORTH IN SECTION 7112 OF THE STATUTE, THE PETITION WILL BE DISMISSED. ORDER IT IS HEREBY ORDERED THAT THE PETITION IN CASE NO. 5-RO-23 BE, AND IT HEREBY IS, DISMISSED. ISSUED, WASHINGTON, D.C., MAY 28, 1981 RONALD W. HAUGHTON, CHAIRMAN HENRY B. FRAZIER III, MEMBER LEON B. APPLEWHAITE, MEMBER FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES$ --------------- /1/ SECTION 7112(B) OF THE STATUTE SPECIFICALLY PROHIBITS A FINDING THAT A UNIT IS APPROPRIATE BASED SOLELY ON "THE EXTENT TO WHICH EMPLOYEES IN THE PROPOSED UNIT HAVE ORGANIZED . . ."