[ v07 p210 ]
07:0210(33)UC
The decision of the Authority follows:
7 FLRA No. 33 AIR FORCE LOGISTICS COMMAND, UNITED STATES AIR FORCE WRIGHT-PATTERSON AIR FORCE BASE, OHIO Activity and INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (AFLC COUNCIL), AFL-CIO-CLC Petitioner Case No. 5-UC-2 DECISION AND DIRECTION OF ELECTION UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY UNDER SECTION 7112(D) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE 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 CONSIDERATION OF THE ENTIRE RECORD IN THE SUBJECT CASE, INCLUDING BRIEFS FILED BY BOTH PARTIES, THE AUTHORITY FINDS: THE PETITIONER, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFLC-CIO-CLC (IAFF), FILED THE INSTANT UNIT CONSOLIDATION (UC) PETITION SEEKING TO CONSOLIDATE ITS FIVE FIRE PROTECTION UNITS WITHIN THE ACTIVITY, THE AIR FORCE LOGISTICS COMMAND (AFLC), FOR WHICH IT IS THE CURRENT EXCLUSIVE REPRESENTATIVE. THE ACTIVITY CONTENDS THAT THE PROPOSED CONSOLIDATED UNIT IS NOT APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION IN THAT IT DOES NOT MEET THE CRITERIA ESTABLISHED BY SECTION 7112(A)(1) OF THE STATUTE. IN THIS REGARD, THE ACTIVITY CONTENDS THAT THE PURPOSED CONSOLIDATED UNIT DOES NOT ENSURE A CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST AMONG THE EMPLOYEES IN THE UNIT AND WOULD NOT PROMOTE EFFECTIVE DEALINGS WITH THE ACTIVITY OR ENHANCE THE EFFICIENCY OF THE ACTIVITY'S OPERATIONS. IF THE PROPOSED CONSOLIDATED UNIT IS FOUND TO BE APPROPRIATE BY THE AUTHORITY, HOWEVER, THE ACTIVITY REQUESTS THAT AN ELECTION BE HELD. THE AFLC IS A MAJOR AIR COMMAND OF THE UNITED STATES AIR FORCE HEADQUARTERED AT WRIGHT-PATTERSON AIR FORCE BASE, OHIO. OTHER THAN THE HEADQUARTERS AFLC LOCATED AT WRIGHT-PATTERSON AIR FORCE BASE (AFB), THE ACTIVITY'S ORGANIZATION INCLUDES: AIR LOGISTICS CENTERS (ALCS) LOCATED AT HILL AFB, UTAH; TINKER AFB, OKLAHOMA; MCCLELLAN AFB, CALIFORNIA; KELLY AFB, TEXAS; ROBINS AFB, GEORGIA; AND AN ALC CO-LOCATED WITH THE HEADQUARTERS FACILITIES AT THE WRIGHT-PATTERSON AFB (CALLED THE 2750TH AIR BASE WING). IN ADDITION, THERE ARE AFLC FACILITIES AT THE AEROSPACE GUIDANCE AND METROLOGY CENTER IN NEWARK AFB, OHIO, AND THE MILITARY AIRCRAFT STORAGE AND DISPOSITION CENTER, DAVIS-MONTHAN AFB, MONTANA. THE OVERALL MISSION OF THE AFLC IS TO PROVIDE LOGISTICS SUPPORT, MATERIEL, AND SERVICES, INCLUDING FIRE PREVENTION SERVICES, FOR THE UNITED STATES AIR FORCE ORGANIZATIONS, OTHER MILITARY SERVICES, OTHER GOVERNMENT AGENCIES, CONTRACTORS, AND MILITARY ASSISTANCE PROGRAMS, AS DIRECTED BY THE CHIEF OF STAFF, USAF. THE MISSION OF THE ALCS IS TO ACCOMPLISH THE LOGISTICS SUPPLY MANAGEMENT RESPONSIBILITIES FOR AIR FORCE RESOURCES ASSIGNED TO THEM. IN ORDER TO ACCOMPLISH THE FIRE PREVENTION SERVICES REQUIRED UNDER THE OVERALL MISSION OF THE AFLC, THERE ARE FIRE PREVENTION UNITS LOCATED WITHIN EACH OF THE AFLC FACILITIES THROUGHOUT THE COUNTRY, EXCEPT IN MONTANA. THE INSTANT PETITION SEEKS TO CONSOLIDATE ALL FIVE OF THE AFLC FIRE PREVENTION UNITS REPRESENTED BY THE IAFF, WHICH INCLUDE THOSE LOCATED AT WRIGHT-PATTERSON AFB, TINKER AFB, MCCLELLAN AFB, KELLY AFB, AND ROBINS AFB. OTHER FIRE PREVENTION UNITS LOCATED AT THE AEROSPACE GUIDANCE AND METROLOGY CENTER AT NEWARK AFB, OHIO, AND THE HILL AFB, UTAH ARE PART OF A CONSOLIDATED UNIT REPRESENTED BY THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, (AFGE) AND ARE NOT PART OF THIS PROCEEDING. /1/ OF THE APPROXIMATELY 500 AFLC EMPLOYEES WHO WORK IN A FIREFIGHTING CAPACITY, 400, THE SUBJECT OF THE INSTANT PETITION, ARE REPRESENTED BY THE IAFF, AND THE OTHER 100 ARE INCLUDED IN THE AFGE CONSOLIDATED UNIT. AT EACH OF THE FOUR ALC'S, THE CHIEF OF THE FIRE PROTECTION BRANCH REPORTS TO THE COMMANDER, CIVIL ENGINEERING SQUADRON WHO REPORTS TO THE BASE COMMANDER WHO, IN TURN, REPORTS TO THE ALC COMMANDER. THE ALC COMMANDER REPORTS TO THE COMMANDER, AFLC AT WRIGHT-PATTERSON AFB. THERE IS NO ALC COMMANDER AT THE WRIGHT-PATTERSON AFB; THUS, THE CHAIN OF COMMAND AT THAT ALC GOES DIRECTLY FROM THE COMMANDER OF THE 2750TH AIR BASE WING TO THE COMMANDER OF THE AFLC. AT EACH ALC, THE FIRE PROTECTION BRANCHES CONSIST USUALLY OF A FIRE CHIEF, DEPUTY CHIEF, SEVERAL SHIFTS OF FIREFIGHTERS, FIRE PROTECTION SPECIALISTS, FIRE PROTECTION INSPECTORS, AND FIRE COMMUNICATIONS OPERATORS. THE AIR FORCE, THROUGH ITS OWN REGULATIONS, HAS EFFECTIVELY ESTABLISHED MUCH OF THE POLICY WITH RESPECT TO THE FIRE PROTECTION PROGRAM. THE OVERALL RESPONSIBILITY FOR THE AFLC FIRE PROTECTION PROGRAM IS WITH THE AFLC COMMANDER AT WRIGHT-PATTERSON AFB, WHO HAS IN TURN DELEGATED TO CHIEF OF THE FIRE PROTECTION DIVISION WITHIN THE OFFICE OF THE DEPUTY CHIEF OF STAFF FOR ENGINEERING AND SERVICES, ALSO LOCATED AT WRIGHT-PATTERSON, THE RESPONSIBILITY FOR GENERAL PROGRAM DIRECTION AND COMPLIANCE BY THE FIRE CHIEFS WITH THE AIR FORCE AND AFLC FIRE PROTECTION PROGRAM REGULATIONS. THE FIRE PROTECTION PROGRAM IS GOVERNED BY AF REGULATION 92-1, DATED MARCH 20, 1974, WITH SUBSEQUENT AMENDMENTS, AND VARIOUS AF TECHNICAL ORDERS, WHICH ESTABLISH MANY MANDATORY REQUIREMENTS FOR ALL AF FIRE DEPARTMENTS TO ENSURE THAT THE BASIC POLICIES FOR FIRE PROTECTION REMAIN STANDARDIZED THROUGHOUT THE AIR FORCE. THESE REGULATIONS ENCOMPASS HOURS OF WORK, PAY, TRAINING REQUIREMENTS, UNIFORMS, MANNING AND EQUIPMENT REQUIREMENTS. THE SPECIFIC BASE COMMANDERS, ALONG WITH THE CIVIL ENGINEERS AND BASE FIRE CHIEFS, HAVE BEEN DELEGATED THE DAY-TO-DAY RESPONSIBILITY FOR IMPLEMENTING THE FIRE PROTECTION PROGRAM DIRECTIVES. THE FIRE CHIEF EXERCISES SUBSTANTIAL DISCRETION IN REGARD TO THE IMPLEMENTATION AND APPLICATION OF THESE REGULATIONS, ESPECIALLY WITH REFERENCE TO CLIMATIC AND GEOGRAPHIC DIFFERENCES FROM BASE TO BASE, BUT SUCH DISCRETION MUST REMAIN WITHIN THE LIMITS OF THESE REGULATIONS. THE AF REGULATION REQUIRES THAT EACH FIRE CHIEF ISSUE AT LEAST 20 OPERATING INSTRUCTIONS ON SPECIFIC TOPICS. THE AF PROVIDES CERTAIN REQUIRED TRAINING FOR ALL AF FIRE PERSONNEL AT CHANUTE AIR FORCE BASE, ILLINOIS. ALL PERSONNEL AND LABOR RELATIONS DEALINGS ARE HANDLED BY THE LOCAL BASE PERSONNEL OFFICE; HOWEVER, THEY ARE BOUND BY THE AF MANUAL, WHICH ESTABLISHES THE RULES AND REGULATIONS FOR THE PERSONNEL MANAGEMENT PROGRAM TO ENSURE CONSISTENCY THROUGHOUT THE AF COMPONENTS. EXPERTISE AND GUIDANCE ARE PROVIDED THE LOCAL PERSONNEL STAFF BY THE HQ AFLC PERSONNEL STAFF, WHERE NEEDED, AND THE LOCAL PERSONNEL ARE REQUIRED TO REPORT TO THE AFLC ANY MAJOR LABOR RELATIONS ACTIVITIES TAKING PLACE AT THE LOCAL LEVEL CONCERNING AFLC EMPLOYEES, SUCH AS IMPASSE PROCEEDINGS AND ARBITRATION. GENERALLY, LABOR MANAGEMENT RELATIONS TRAINING IS CONDUCTED THROUGH THE AF PERSONNEL DEVELOPMENT CENTER, BUT SOME TRAINING IS SPONSORED BY AFLC. THERE IS LITTLE TRANSFER OF JOURNEYMAN FIREFIGHTER PERSONNEL FROM BASE TO BASE; HOWEVER, THERE IS SOME EVIDENCE OF MOVEMENT BETWEEN BASES EITHER TO BECOME A FIRE CHIEF, OR IF ALREADY A CHIEF, TO BE TRANSFERRED TO ANOTHER LOCATION FOR MISSION PURPOSES. HIRING IS USUALLY FROM NON-FIREFIGHTING INSTALLATIONS ON BASE. THE REDUCTION-IN-FORCE COMPETITIVE LEVELS ARE REGION-WIDE, WHICH REGIONS ENCOMPASS SEVERAL STATES. SOME REGIONS CONTAIN MORE THAN ONE ALC. AREAS OF CONSIDERATION FOR PROMOTION ARE BASE-WIDE, BUT THE AF MAINTAINS A SYSTEM WHEREBY ANY INDIVIDUAL IN THE AF CAN APPLY FOR A TRANSFER AT ANY TIME, THUS AUTOMATICALLY PUTTING THAT EMPLOYEE IN CONTENTION FOR APPROPRIATE VACANCIES AT THE DESIRED LOCATION(S). RECENTLY, THE AUTHORITY ISSUED CERTAIN DECISIONS DEALING WITH CONSOLIDATED OF UNITS UNDER THE STATUTE. IN DEPARTMENT OF TRANSPORTATION, 5 FLRA NO. 80(1981), THE AUTHORITY DISMISSED PETITIONS TO CONSOLIDATE UNITS NOTING THAT SECTION 7112(A)(1) REQUIRES ANY UNIT FOUND APPROPRIATE TO CONFORM TO THE THREE CRITERIA ESTABLISHED BY THAT SECTION: A CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST AMONG THE EMPLOYEES IN THE UNIT, THE PROMOTION OF EFFECTIVE DEALINGS WITH, AND THE EFFICIENCY OF THE OPERATIONS OF, THE AGENCY INVOLVED. THE AUTHORITY HELD THAT A UNIT CONSOLIDATED PURSUANT TO SECTION 7112(D), MUST MEET THE SAME THREE CRITERIA SET FORTH IN SECTION 7112(A)(1) AS IS REQUIRED OF ANY OTHER UNIT FOUND APPROPRIATE. IN ARMY AND AIR FORCE EXCHANGE SERVICE, DALLAS, TEXAS, 5 FLRA NO. 90(1981), THE AUTHORITY GRANTED THE PETITION TO CONSOLIDATE UNITS. IN SO DOING, IT FOUND THAT THE EMPLOYEES SOUGHT TO BE CONSOLIDATED SHARE A COMMUNITY OF INTEREST INASMUCH AS: (1) ARMY AND AIR FORCE EXCHANGE SERVICE (AAFES) IS AN INTEGRATED ORGANIZATION WITH BASICALLY A SINGLE PRIMARY MISSION, SHARED BY ALL EMPLOYEES; (2) THE EMPLOYEES ALSO SHARE COMMON JOB CLASSIFICATIONS AND WORKING CONDITIONS; AND (3) THE EMPLOYEES WORK UNDER SIMILAR PERSONNEL AND LABOR RELATIONS POLICIES, ESTABLISHED AT HEADQUARTERS LEVEL. BASED ON FACTORS WHICH INCLUDED THE CENTRALIZATION OF PERSONNEL AND LABOR RELATIONS FUNCTIONS, THE ESTABLISHMENT OF BROAD OPERATING POLICIES AT THE HEADQUARTERS LEVEL, THE FACT THAT THE EMPLOYEES SOUGHT WERE SUFFICIENTLY WELL DISTRIBUTED THROUGHOUT THE ORGANIZATIONAL AND GEOGRAPHIC ELEMENTS OF AAFES SO AS TO CONSTITUTE A MEANINGFUL CONSOLIDATION OF ALL AGENCY EMPLOYEES REPRESENTED BY THE PETITION, AND THE FACT THAT CONSOLIDATION WOULD RESULT IN BARGAINING IN A SINGLE UNIT RATHER THAN IN THE PREVIOUSLY EXISTING 69 UNITS, THUS REDUCING FRAGMENTATION AND PROMOTING A MORE EFFECTIVE, COMPREHENSIVE BARGAINING UNIT STRUCTURE, THE AUTHORITY DETERMINED THE PETITIONED FOR UNIT WOULD PROMOTE EFFECTIVE DEALINGS AND EFFICIENCY OF AGENCY OPERATIONS. IN THE CIRCUMSTANCES OF THE INSTANT CASE, THE AUTHORITY FINDS THAT THE PETITIONED FOR CONSOLIDATED UNIT, WHICH ENCOMPASSES ALL OF THE FIRE PREVENTION UNITS OF AFLC EXCEPT THOSE REPRESENTED BY AFGE, IS APPROPRIATE FOR THE PURPOSES OF EXCLUSIVE RECOGNITION UNDER THE STATUTE. IN APPLYING THE THREE CRITERIA TO THE FACTS IN THE PRESENT CASE, THE AUTHORITY NOTES THE FACTUAL SIMILARITIES WITH ITS DETERMINATION IN THE AAFES CASE, SUPRA. ALL THE EMPLOYEES REPRESENTED BY THE PETITIONER IN THE INSTANT CASE ARE WITHIN THE PROPOSED UNIT, PERFORM A UNIQUE JOB FUNCTION, HAVE COMMON OVERALL SUPERVISION AT THE AFLC LEVEL, AND SHARE ESSENTIALLY SIMILAR JOB CLASSIFICATIONS AND ORGANIZATION, AND UNIFORM PROGRAM DIRECTION, PERSONNEL POLICIES AND LABOR RELATIONS PRACTICES. THUS, THESE EMPLOYEES SHARE A CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST. CONSIDERING THE FACT THAT THE PROPOSED CONSOLIDATED UNIT IS ACTIVITY-WIDE, THAT THE UNIT EMPLOYEES ARE SUFFICIENTLY DISTRIBUTED THROUGHOUT THE ORGANIZATION, SO AS TO CONSTITUTE A MEANINGFUL CONSOLIDATED UNIT, AND THAT AF REGULATIONS ESTABLISH PERSONNEL AND LABOR RELATIONS POLICY WITHIN ALL OF AFLC, WHOSE PROGRAM DIRECTION COMES FROM THE AFLC LEVEL, THE AUTHORITY FINDS THAT THE PROPOSED UNIT WILL PROMOTE EFFECTIVE DEALINGS. MOREOVER, NOTING THAT THE AFLC FIRE PROGRAM MANAGER PROVIDES OVERALL GUIDANCE AND EXPERTISE TO THE COMPONENTS WITHIN THE PROPOSED UNIT AND THE MAJOR FIRE PROTECTION PROGRAM POLICIES ARE ESTABLISHED BY THE AIR FORCE TO ENSURE THAT THE BASIC POLICIES FOR FIRE PROTECTION REMAIN STANDARDIZED THROUGHOUT THE AIR FORCE, THE AUTHORITY FINDS THAT THE PROPOSED CONSOLIDATED UNIT WILL PROMOTE A MORE COMPREHENSIVE, EFFECTIVE BARGAINING UNIT STRUCTURE AND WILL REDUCE UNIT FRAGMENTATION. THUS, THE AUTHORITY FINDS THAT THE PROPOSED UNIT WILL PROMOTE THE EFFICIENCY OF THE AGENCY'S OPERATIONS. ACCORDINGLY, THE AUTHORITY FINDS THE PETITIONED FOR CONSOLIDATED UNIT CONSISTING OF NONPROFESSIONAL EMPLOYEES AS SET FORTH IN APPENDIX A, IS APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION UNDER THE STATUTE. PURSUANT TO THE REQUEST OF THE ACTIVITY, AN ELECTION IS DIRECTED TO ASCERTAIN WHETHER THE EMPLOYEES WISH TO BE REPRESENTED IN THE CONSOLIDATED UNIT FOUND APPROPRIATE HEREIN. /2/ THE VALID VOTES CAST BY ALL THE ELIGIBLE EMPLOYEES WILL BE TALLIED TO DETERMINE IF A MAJORITY OF THE VALID VOTES HAS BEEN CAST IN FAVOR OF THE PROPOSED CONSOLIDATED UNIT. IF A MAJORITY OF THE VALID VOTES HAS NOT BEEN CAST IN FAVOR OF THE PROPOSED CONSOLIDATED UNIT, THE EMPLOYEES WILL BE TAKEN TO HAVE INDICATED THEIR DESIRE TO CONTINUE TO BE REPRESENTED IN THEIR CURRENT UNITS OF EXCLUSIVE RECOGNITION. DIRECTION OF ELECTION AN ELECTION BY SECRET BALLOT SHALL BE CONDUCTED AMONG THE EMPLOYEES IN THE UNIT FOUND APPROPRIATE, AS EARLY AS FEASIBLE. THE APPROPRIATE REGIONAL DIRECTOR SHALL SUPERVISE OR CONDUCT THE ELECTION AS APPROPRIATE, SUBJECT TO THE AUTHORITY'S RULES AND REGULATIONS. ELIGIBLE TO VOTE ARE THOSE 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 HAVE QUIT OR WERE DISCHARGED FOR CAUSE SINCE THE DESIGNATED PAYROLL PERIOD AND WHO 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 IN THE PROPOSED CONSOLIDATED UNIT BY THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (AFLC COUNCIL),AFL-CIO-CLC. ISSUED, WASHINGTON, D.C., NOVEMBER 19, 1981 RONALD W. HAUGHTON, CHAIRMAN HENRY B. FRAZIER III, MEMBER LEON B. APPLEWHAITE, MEMBER FEDERAL LABOR RELATIONS AUTHORITY APPENDIX A (1) INCLUDED: ALL GS NON-SUPERVISORY FIREFIGHTERS AND FIRE PROTECTION INSPECTORS EMPLOYED AT AND BY TINKER AIR FORCE BASE, OKLAHOMA. EXCLUDED: PROFESSIONAL EMPLOYEES, CONFIDENTIAL EMPLOYEES, MANAGEMENT OFFICIALS, EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY, AND SUPERVISORS AS DEFINED IN EXECUTIVE ORDER 11491, AS AMENDED; (2) ALL ELIGIBLE EMPLOYEES IN THE FIRE PROTECTION BRANCH OF THE CIVIL ENGINEERING DIVISION, 2853D AIR BASE GROUP AT ROBINS AIR FORCE BASE, GEORGIA; (3) INCLUDED: ALL ELIGIBLE EMPLOYEES IN THE FIRE PROTECTION BRANCH OF THE CIVIL ENGINEERING SQUADRON AT WRIGHT-PATTERSON AFB. EXCLUDED: ALL GENERAL SCHEDULE FIRE FIGHTER PERSONNEL AND FIRE INSPECTOR PERSONNEL GS-8 AND ABOVE; (4) INCLUDED: ALL EMPLOYEES IN THE FIRE PROTECTION BRANCH, KELLY AIR FORCE BASE, TEXAS. EXCLUDED: MANAGEMENT OFFICIALS AND SUPERVISORS, PROFESSIONAL EMPLOYEES, EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY AND GUARDS; AND (5) INCLUDED: ALL ELIGIBLE EMPLOYEES IN THE FIRE PROTECTION BRANCH OF THE CIVIL ENGINEERING DIVISION OF MCCLELLAN AIR FORCE BASE, CALIFORNIA. EXCLUDED: MANAGEMENT OFFICIALS AND SUPERVISORY FIREFIGHTERS PERSONNEL; SPECIFICALLY, FIRE CHIEF, DEPUTY FIRE CHIEF, FIRE PREVENTION CHIEF, ASSISTANT FIRE CHIEFS, STATION CHIEFS AND EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY. --------------- FOOTNOTES: --------------- /1/ THE AFGE, AFL-CIO CONSOLIDATED UNIT CONSISTS OF 87% OF ALL AFLC EMPLOYEES NATIONWIDE (APPROXIMATELY 80,000 EMPLOYEES). /2/ THIS IS NOT TO INDICATE THAT, IN CIRCUMSTANCES SUCH AS THESE, AN ELECTION MUST ALWAYS BE CONDUCTED.