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08:0015(4)UC
The decision of the Authority follows:
8 FLRA No. 4
DEPARTMENT OF THE NAVY
U.S. MARINE CORPS
Agency
and
AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, AFL-CIO
Petitioner
Case No. 3-UC-10
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 THE ENTIRE RECORD IN THIS CASE, INCLUDING A BRIEF FILED BY THE
AGENCY, THE AUTHORITY FINDS:
THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES (PETITIONER) FILED
THE INSTANT PETITION SEEKING TO CONSOLIDATE 22 UNITS WITHIN THE U.S.
MARINE CORPS (AGENCY) FOR WHICH IT IS THE EXCLUSIVE REPRESENTATIVE.
(THE UNITS ARE SET FORTH IN APPENDIX A.)
THE AGENCY CONTENDS THAT THE PROPOSED CONSOLIDATION, WHICH WOULD
AFFECT 16 OF ITS FIELD ACTIVITIES, IS NOT APPROPRIATE FOR PURPOSES OF
RECOGNITION BECAUSE IT DOES NOT MEET THE CRITERIA FOR APPROPRIATENESS OF
UNIT SET FORTH IN SECTION 7112(A)(1) OF THE STATUTE. /1/ SPECIFICALLY,
THE AGENCY ARGUES THAT THE MISSIONS AND FUNCTIONS OF THE VARIOUS FIELD
ACTIVITIES INVOLVED ARE SUFFICIENTLY DIFFERENT AS TO WORK AGAINST A
FINDING OF COMMONALITY. IN THIS REGARD, THE AGENCY FURTHER ARGUES THAT
GIVEN DIFFERENCES IN FUNCTIONS AND DIFFERENCES IN STAFFING PATTERNS AT
THE VARIOUS FIELD ACTIVITIES A CONCLUSION MUST BE DRAWN THAT THE ACTUAL
DUTIES OF EMPLOYEES AT THE VARIOUS FACILITIES DIFFER MATERIALLY. /2/ AS
TO WORKING CONDITIONS, THE AGENCY ARGUES THAT GIVEN THE WIDE VARIANCE IN
THE LOCATIONS AND CIRCUMSTANCES SURROUNDING THE FIELD ACTIVITIES,
SIMILARITIES ARE MINIMIZED AND DO NOT SUPPORT A CONCLUSION THAT
COMMONALITY EXISTS. WITH RESPECT TO PROMOTION OF EFFECTIVE DEALINGS,
THE AGENCY CONTENDS THAT THE PROPOSED CONSOLIDATION WOULD NOT SERVE
SUCH
A PURPOSE IN THAT IT WOULD NOT BROADEN THE SCOPE OF BARGAINING AND, IN
THE ABSENCE OF AN EXISTING CENTRAL LABOR RELATIONS STAFF AT THE MARINE
CORPS HEADQUARTERS, NO FOCUS EXISTS FOR ADMINISTRATION OF SUCH A
RELATIONSHIP. THE AGENCY CITES THIS LATTER FACTOR IN CONJUNCTION WITH A
DECENTRALIZATION POLICY INVOLVING BROAD DELEGATION OF AUTHORITY AND
RESPONSIBILITY TO THE FIELD ACTIVITY COMMANDERS AS SUPPORTING A
CONCLUSION THAT THE PROPOSED CONSOLIDATION WOULD BEAR NO RATIONAL
RELATIONSHIP TO THE ORGANIZATIONAL AND OPERATIONAL STRUCTURE OF THE
MARINE CORPS AND CONTENDS THAT THE PROPOSED CONSOLIDATION WOULD NOT
PROMOTE EFFICIENCY OF OPERATIONS ON THE PART OF THE MARINE CORPS.
ALTHOUGH IT FILED NO BRIEF, THE PETITIONER TOOK THE POSITION AT THE
HEARING THAT THE PROPOSED CONSOLIDATED UNIT WAS AN APPROPRIATE ONE IN
THAT IT MET THE CRITERIA SET FORTH IN SECTION 7112(A)(1) OF THE STATUTE.
(SEE NOTE 1, SUPRA.)
FACTS
THE MISSION AND FUNCTION OF THE MARINE CORPS RELATE TO THE
DEVELOPMENT AND MAINTENANCE OF A FORCE-IN-READINESS FOR THE CONDUCT OF
AMPHIBIOUS MILITARY OPERATIONS. MORE SPECIFICALLY, THE PRIMARY MISSION
OF THE MARINE CORPS IS TO PROVIDE FLEET MARINE FORCES OF COMBINED ARMS,
TOGETHER WITH SUPPORTING AIR COMPONENTS, FOR THE SEIZURE OR DEFENSE OF
ADVANCE NAVAL BASES AND THE CONDUCT OF LAND OPERATIONS ESSENTIAL TO A
NAVAL CAMPAIGN. COLLATERAL MISSIONS ARE TO PROVIDE DETACHMENTS AND
ORGANIZATIONS FOR SERVICE ON ARMED VESSELS OF THE NAVY AND TO PROVIDE
SECURITY DETACHMENTS FOR THE PROTECTION OF NAVAL PROPERTY AT NAVAL
STATIONS AND BASES. THE MARINE CORPS IS ALSO RESPONSIBLE FOR
DEVELOPING, IN COORDINATION WITH THE OTHER SERVICES, THE TACTICS,
TECHNIQUES, AND EQUIPMENT FOR LANDING FORCES IN AMPHIBIOUS OPERATIONS.
ANOTHER MISSION IS TO PREPARE FOR WARTIME EXPANSION, IN ACCORDANCE WITH
JOINT MOBILIZATION PLANS, WHICH MAY REQUIRE ACTIVATION OF RESERVE FORCES
WHEN NECESSARY.
THE MARINE CORPS IS A SEPARATE SERVICE WITHIN THE DEPARTMENT OF THE
NAVY. IT IS HEADED BY THE COMMANDANT OF THE MARINE CORPS WHO IS A
MEMBER OF THE JOINT CHIEFS OF STAFF. THE AUTHORITY OF THE COMMANDANT
FLOWS FROM THE REASSIGNMENT AND DELEGATION OF AUTHORITY VESTED IN THE
SECRETARY OF THE NAVY TO WHOM THE COMMANDANT REPORTS DIRECTLY. THE
RECORD INDICATES THAT THE MARINE CORPS HAS FOUR PRINCIPAL COMPONENTS:
HEADQUARTERS, OPERATING FORCES, SUPPORTING ESTABLISHMENT AND MARINE
CORPS RESERVES. THE MISSION AND FUNCTIONS OF THE OPERATING FORCES
RELATE DIRECTLY TO THE MILITARY MISSION OF THE MARINE CORPS. THE OTHER
COMPONENTS EXIST TO SUPPORT THAT ELEMENT. IN THIS REGARD, HEADQUARTERS
CONSISTS OF THE COMMANDANT AND THOSE STAFF AGENCIES WHICH ADVISE AND
ASSIST HIM IN THE DISCHARGE OF HIS RESPONSIBILITY FOR THE TOTAL
PERFORMANCE OF THE MARINE CORPS. THE MARINE CORPS RESERVE IS
RESPONSIBLE FOR PROVIDING TRAINED AND QUALIFIED UNITS AND INDIVIDUALS TO
BE AVAILABLE FOR ACTIVE DUTY AS MAY BE REQUIRED. THE SUPPORTING
ESTABLISHMENT, WHICH IS COMPOSED OF MILITARY AND CIVILIAN PERSONNEL,
PROVIDES THE DEVELOPMENT, PROCUREMENT, TRAINING, ADMINISTRATION, AND
LOGISTICAL SUPPORT REQUIRED TO PERFORM THE MISSION OF THE MARINE CORPS.
THE UNITS WHICH THE PETITIONER SEEKS TO CONSOLIDATE CONSIST OF
APPROPRIATED FUND EMPLOYEES ASSIGNED TO THE SUPPORTING ESTABLISHMENT.
THAT ORGANIZATIONAL ELEMENT INCLUDES THE FOLLOWING:
1. MARINE CORPS BASES, CAMPS AND UNIT TRAINING CENTERS.
2. MARINE CORPS AVIATION INSTALLATIONS.
3. MARINE CORPS LOGISTICS INSTALLATIONS.
4. MARINE CORPS INDIVIDUAL TRAINING INSTALLATIONS.
5. MARINE CORPS RECRUITING ACTIVITIES.
6. MARINE CORPS RESERVE SUPPORT ACTIVITIES.
7. SPECIAL SUPPORTING ACTIVITIES.
MARINE CORPS BASES, CAMPS AND UNIT TRAINING CENTERS ARE ORGANIZED TO
SUPPORT AND CONTRIBUTE TO THE READINESS OF THE FLEET MARINE FORCES UNITS
OR OTHER UNITS BASED THEREON. THEY PROVIDE HOUSING, TRAINING
FACILITIES, LOGISTICAL SUPPORT, ADMINISTRATIVE SUPPORT, RESEARCH AND
DEVELOPMENT SUPPORT AND OTHER SUPPORT AS DIRECTED BY THEIR INDIVIDUAL
MISSION ASSIGNMENTS. INVOLVED IN THE INSTANT PETITION ARE EMPLOYEES AT
THE MARINE CORPS BASE, CAMP LEJEUNE (NORTH CAROLINA); THE MARINE CORPS
AIR GROUND COMBAT CENTER (FORMERLY THE MARINE CORPS BASE), TWENTY-NINE
PALMS (CALIFORNIA); AND THE MARINE CORPS BASE, CAMP SMEDLEY D. BUTLER
(OKINAWA, JAPAN).
MARINE CORPS AVIATION INSTALLATIONS SUPPORT AND CONTRIBUTE TO THE
READINESS OF FLEET MARINE FORCE UNITS OR OTHER UNITS, INCLUDING NAVY
AVIATION UNITS, BASED THEREON. COVERED UNDER THE INSTANT PETITION ARE
EMPLOYEES AT THE MARINE CORPS AIR STATION, BEAUFORT (SOUTH CAROLINA);
THE MARINE CORPS AIR STATION, CHERRY POINT (NORTH CAROLINA); THE MARINE
CORPS AIR STATION, EL TORO (CALIFORNIA); THE MARINE CORPS AIR STATION,
KANEOHE BAY (HAWAII); THE MARINE CORPS AIR STATION (HELICOPTER), NEW
RIVER (NORTH CAROLINA); AND THE MARINE CORPS AIR STATION (HELICOPTER),
TUSTIN, ALSO REFERRED TO AS SANTA ANA (CALIFORNIA). THE FIRST FOUR
ACTIVITIES ARE ALSO SPECIFICALLY ASSIGNED RESPONSIBILITY FOR THE
MAINTENANCE AND OPERATION OF THE FACILITIES INVOLVED. NEW RIVER IS
SUPPORTED, IN THIS RESPECT, BY CAMP LEJEUNE AND TUSTIN IS SUPPORTED BY
EL TORO.
MARINE CORPS LOGISTICS BASES HAVE AS THEIR PRIMARY RESPONSIBILITY THE
ACQUISITION, STORAGE, MAINTENANCE, DISTRIBUTION AND DISPOSAL OF
MATERIEL. INVOLVED IN THE INSTANT PETITION ARE EMPLOYEES AT THE MARINE
CORPS LOGISTICS BASE, ALBANY (GEORGIA) AND THE MARINE CORPS LOGISTICS
BASE, BARSTOW (CALIFORNIA).
THE MARINE CORPS INDIVIDUAL TRAINING INSTALLATIONS ARE RESPONSIBLE
FOR TRAINING MARINE CORPS PERSONNEL. INCLUDED IN THE PROPOSED
CONSOLIDATED UNIT ARE EMPLOYEES AT THE MARINE CORPS DEVELOPMENT AND
EDUCATION COMMAND, QUANTICO (VIRGINIA); THE MARINE CORPS RECRUIT DEPOT,
PARRIS ISLAND (SOUTH CAROLINA); AND THE MARINE CORPS RECRUIT DEPOT, SAN
DIEGO (CALIFORNIA). QUANTICO ALSO HAS A RESEARCH AND DEVELOPMENT
FUNCTION AND, IN ADDITION, HAS AN AIR FACILITY UNDER ITS COMMAND.
THE MARINE CORPS RECRUITING ACTIVITIES ARE OVERSEEN BY THE RECRUIT
DEPOTS AND ARE INVOLVED WITH THE PROCUREMENT OF MILITARY PERSONNEL FOR
THE REGULAR AND RESERVE COMPONENTS OF THE MARINE CORPS. COVERED BY THE
INSTANT PETITION ARE EMPLOYEES OF THE 4TH MARINE CORPS DISTRICT,
PHILADELPHIA (PENNSYLVANIA), WHICH IS ONE OF SIX SUCH DISTRICTS.
THE MARINE CORPS RESERVE SUPPORT ACTIVITIES ARE RESPONSIBLE FOR
ADMINISTERING, TRAINING, AND OTHERWISE SUPPORTING THE MARINE CORPS
RESERVE. NONE OF THE PETITIONED FOR ACTIVITIES AND INSTALLATIONS FALL
DIRECTLY INTO THIS CATEGORY. /3/ NOTWITHSTANDING THE FACT THAT NO
ACTIVITY IN THE PETITIONED FOR UNIT FALLS DIRECTLY INTO THIS CATEGORY,
SOME OF THE ACTIVITIES INVOLVED IN THE PETITIONED FOR UNIT (E.G., THE
MARINE DISTRICTS AND MARINE CORPS FINANCE CENTER) HAVE, AS COLLATERAL
FUNCTIONS, RESPONSIBILITY FOR PROVIDING SUPPORT TO THE MARINE CORPS
RESERVE.
SPECIAL SUPPORTING ACTIVITIES, AS THE CATEGORY IMPLIES, ARE CERTAIN
ACTIVITIES NOT TYPICAL OF THE TYPE FOUND IN THE SUPPORTING
ESTABLISHMENT, BUT NEVERTHELESS ARE ORGANIZATIONALLY A PART OF THE
ESTABLISHMENT. THE MARINE CORPS FINANCE CENTER, KANSAS CITY (MISSOURI),
DESCRIBED AS THE CENTRAL PAY OFFICE FOR THE MARINE CORPS AND THE MARINE
CORPS RESERVE, IS RESPONSIBLE FOR COMMANDING, COORDINATING AND
SUPERVISING THE DISBURSEMENT OF FUNDS IN PAYMENT OF ALL MILITARY
ALLOTMENTS, ANNUITIES AND PAYROLLS, AND PAYMENT OF PUBLIC BILLS AND
CIVILIAN PAYROLLS IN ASSIGNED AREAS. THE MARINE CORPS AUTOMATED
SERVICES CENTER, KANSAS CITY, IS RESPONSIBLE FOR PERFORMING DATA
PROCESSING IN SUPPORT OF MARINE CORPS CENTRALLY CONTROLLED AUTOMATED
DATA SYSTEMS. AS A SECONDARY FUNCTION IT PROVIDES DATA PROCESSING
SUPPORT TO THE OPERATING FORCES AND THE SUPPORTING ESTABLISHMENT.
THE COMMANDERS OF THE MAJOR FIELD ACTIVITIES, WHICH CONSTITUTE THE
SUPPORTING ESTABLISHMENT, REPORT DIRECTLY TO THE COMMANDANT WITH NO
INTERVENING LEVEL OF AUTHORITY. OF THE APPROXIMATELY 16,000 CIVILIAN
EMPLOYEES ASSIGNED TO THE SUPPORTING ESTABLISHMENT WHO ARE PAID FROM
APPROPRIATED FUNDS, APPROXIMATELY 12,000 ARE INCLUDED IN UNITS OF
RECOGNITION. OF THESE, 9,000 TO 10,000 ARE INCLUDED IN THE PROPOSED
CONSOLIDATED UNIT. THE CIVILIANS FALL INTO A VARIETY OF POSITIONS IN
THE CLERICAL, ADMINISTRATIVE, TECHNICAL, CRAFT AND LABORER CATEGORIES.
THE DEGREE OF SIMILARITY AMONG THE EMPLOYMENT COMPLEMENTS ASSIGNED TO
THE VARIOUS INSTALLATIONS IS, TO SOME EXTENT, DEPENDENT UPON THE
SPECIFIC NATURE OF THE INSTALLATIONS (I.E., AIR STATION, BASE, TRAINING
CENTER, ETC.) AND WHETHER THE PARTICULAR ACTIVITY HAS ACTUAL
RESPONSIBILITY FOR THE MAINTENANCE AND OPERATION OF THE PHYSICAL AREA
AND FACILITIES WHICH CONSTITUTE THE PARTICULAR INSTALLATION. IN THIS
REGARD THE STAFFING PATTERNS OF THOSE ACTIVITIES WHICH ARE MOST ALIKE IN
TERMS OF SPECIFIC FUNCTIONS ARE THE MOST SIMILAR. THERE IS A
SIGNIFICANT DEGREE OF COMMONALITY WITH RESPECT TO THE PARTICULAR TYPES
OF EMPLOYEES FOUND THROUGHOUT THE PROPOSED UNIT, AND THERE IS SOME
TRANSFER (NOT SIGNIFICANT) OF EMPLOYEES BETWEEN MARINE CORPS ACTIVITIES.
THE ACTIVITIES WHICH CONSTITUTE THE SUPPORTING ESTABLISHMENT ARE
GENERALLY LOCATED IN THE SOUTHERN HALF OF THE CONTINENTAL UNITED STATES
AND THE PACIFIC. THOSE ON THE CONTINENTAL U.S. TEND TO BE CONCENTRATED
IN OR NEAR THE COASTAL AREAS. THEIR LOCATIONS RANGE FROM LARGE URBAN
AREAS TO REMOTE AND/OR RURAL AREAS. THEIR PHYSICAL ENVIRONMENT RANGES
FROM SPACE LEASED FROM THE GENERAL SERVICES ADMINISTRATION (GSA) TO A
BASE APPROACHING 100,000 ACRES IN SIZE. SOME ARE SUBJECT TO RELATIVELY
MODERATE CLIMATIC CONDITIONS AND OTHERS MUST CONTEND WITH SEVERE DESERT
HEAT IN THE SUMMER. THE SAME CHARACTERISTICS APPLY TO THE ACTIVITIES
INVOLVED IN THE PROPOSED CONSOLIDATED UNIT.
THE CIVILIAN PERSONNEL PROGRAM OF THE MARINE CORPS IS GOVERNED BY THE
POLICIES, RULES AND REGULATIONS ESTABLISHED BY THE OFFICE OF PERSONNEL
MANAGEMENT, DEPARTMENT OF DEFENSE AND DEPARTMENT OF THE NAVY. THE
COMMANDANT'S ROLE WITH RESPECT TO PERSONNEL IS TO OVERSEE THE
IMPLEMENTATION OF CIVILIAN PERSONNEL POLICIES ESTABLISHED BY THE
DEPARTMENT OF THE NAVY AND HIGHER LEVELS. ALL PERSONNEL POLICIES UNDER
WHICH THE MARINE CORPS OPERATES ARE INITIATED AT A HIGHER LEVEL THAN THE
MARINE CORPS. THE CIVILIAN PERSONNEL PROGRAM SECTION AT HEADQUARTERS,
MARINE CORPS, IS RESPONSIBLE FOR PROVIDING STAFF ASSISTANCE TO THE
COMMANDANT IN HIS ROLE OF IMPLEMENTING PERSONNEL POLICIES. IT PROVIDES
ADVISORY SERVICE TO AND PARTICIPATES IN REVIEW OF THE FIELD ACTIVITIES
BUT HAS NO LINE AUTHORITY OVER THE ACTIVITY CIVILIAN PERSONNEL OFFICES
WHICH, INSTEAD, REPORT TO THE ACTIVITY COMMANDING OFFICER.
WITH RESPECT TO LABOR RELATIONS, THE RECORD REVEALS THAT, WHILE THERE
ARE LABOR RELATIONS STAFFS AT SOME FIELD ACTIVITIES, THERE IS NONE AT
MARINE CORPS HEADQUARTERS. RATHER, THE MARINE CORPS COMMANDANT RELIES
ON THE DEPARTMENT OF THE NAVY'S OFFICE OF ASSISTANT DEPUTY OF NAVAL
OPERATIONS FOR CIVILIAN PERSONNEL AND EEO (OP-14) FOR LABOR RELATIONS
ADVICE AND CENTRALIZED FUNCTIONS AND MARINE CORPS FIELD ACTIVITIES
GENERALLY DEAL DIRECTLY WITH OP-14 IN LABOR RELATIONS MATTERS. OP-14
PROVIDES REPRESENTATION IN ALL THIRD PARTY PROCEEDINGS THROUGHOUT THE
DEPARTMENT OF THE NAVY (INCLUDING THE MARINE CORPS); IT IS RESPONSIBLE
FOR REVIEWING ALL NEGOTIATED AGREEMENTS AND IS RESPONSIBLE FOR PROVIDING
TRAINING, ADVICE AND ASSISTANCE IN THE LABOR RELATIONS AREA.
INSOFAR AS BARGAINING HISTORY IS CONCERNED, CONTRACTS HAVE BEEN
NEGOTIATED AT THE LOCAL LEVEL. MANAGEMENT BARGAINING TEAMS IN THE PAST
HAVE CONSISTED OF LOCAL ACTIVITY REPRESENTATIVES AND UNION TEAMS HAVE
BEEN SIMILARLY COMPOSED, ALTHOUGH IN A NUMBER OF INSTANCES A NATIONAL
REPRESENTATIVE FROM THE UNION HAS PARTICIPATED. HOWEVER, PURSUANT TO A
DEPARTMENT OF THE NAVY REQUIREMENT, ACTIVITY CHIEF NEGOTIATORS MUST HAVE
HAD TRAINING IN CONTRACT NEGOTIATIONS (OP-14 OFFERS 4 SUCH COURSES PER
YEAR) AND OP-14 MUST BE NOTIFIED AND CONSULTED ON ANY POTENTIAL
DECLARATIONS OF NONNEGOTIABILITY. MOREOVER, OP-14 REVIEWS AND APPROVES
ALL CONTRACTS ON BEHALF OF THE COMMANDANT AND THE SECRETARY OF THE NAVY.
DURING THE CONDUCT OF BARGAINING RELATIONSHIPS, OP-14 MUST APPROVE ANY
APPEALS UNDERTAKEN TO ARBITRATORS' AWARDS AND IT MUST BE NOTIFIED OF ANY
UNFAIR LABOR PRACTICE CHARGES FILED, AND, UPON NOTIFICATION, REPRESENTS
THE ACTIVITY INVOLVED. ALSO, THE RECORD REVEALS THAT THE LOCAL
ACTIVITIES HAVE SOUGHT ADVICE AND ASSISTANCE FROM OP-14 ON VARIOUS
MATTERS RELATING TO THE BARGAINING RELATIONSHIP (FOR EXAMPLE, ONE
ACTIVITY - QUANTICO - RELIED UPON OP-14 FOR ASSISTANCE IN RESEARCHING
AND ANALYZING CONTRACT PROPOSALS IN PREPARATION FOR NEGOTIATIONS).
DISCUSSION
IN DEPARTMENT OF TRANSPORTATION, 5 FLRA NO. 89(1981), THE AUTHORITY
NOTED THAT SECTION 7112(A)(1) OF THE STATUTE REQUIRES THAT ANY UNIT
FOUND APPROPRIATE MUST 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
FURTHER NOTED THAT SECTION 7112(D), /4/ WHICH PROVIDES FOR THE
CONSOLIDATION OF EXISTING UNITS INTO A SINGLE MORE COMPREHENSIVE UNIT,
REQUIRES THAT SUCH CONSOLIDATED UNIT MUST MEET THE SAME THREE CRITERIA
REQUIRED OF ANY UNIT FOUND APPROPRIATE.
IN ADDITION TO DEPARTMENT OF TRANSPORTATION, THE AUTHORITY HAS ISSUED
TWO OTHER DECISIONS INVOLVING THE CONSOLIDATION OF UNITS UNDER THE
STATUTE. IN ONE THE AUTHORITY FOUND THE PROPOSED UNIT APPROPRIATE FOR
CONSOLIDATION (ARMY AND AIR FORCE EXCHANGE SERVICE, DALLAS, TEXAS, 5
FLRA NO. 90(1981)), AND IN THE OTHER IT FOUND THE PROPOSED UNIT
INAPPROPRIATE (DEPARTMENT OF DEFENSE, U.S. ARMY CORPS OF ENGINEERS, 5
FLRA NO. 91(1981)). IN MAKING ITS DETERMINATIONS ON THE APPROPRIATENESS
OF THE PROPOSED CONSOLIDATED UNITS, THE AUTHORITY CONSIDERED SEVERAL
FACTORS. PRIMARY AMONG THEM WERE: THE DEGREE OF COMMONALITY AND
INTEGRATION OF THE MISSION AND FUNCTION OF THE COMPONENTS INVOLVED; THE
DISTRIBUTION OF THE EMPLOYEES INVOLVED THROUGHOUT THE ORGANIZATIONAL AND
GEOGRAPHICAL COMPONENTS OF THE AGENCY; THE DEGREE OF SIMILARITY IN THE
OCCUPATIONAL UNDERTAKINGS OF THE EMPLOYEES IN THE PROPOSED UNIT; AND
THE LOCUS AND SCOPE OF PERSONNEL AND LABOR RELATIONS AUTHORITY AND
FUNCTIONS.
THE AUTHORITY FINDS THAT THE EMPLOYEES IN THE PROPOSED CONSOLIDATED
UNIT SHARE A CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST. THE MISSION
OF THE MARINE CORPS IS OF A UNIFIED, INTEGRATED NATURE IN THAT IT IS
ESSENTIALLY THE DEVELOPMENT AND MAINTENANCE OF MILITARY FORCES FOR THE
PURPOSES OF SECURITY AND THE CONDUCT OF AMPHIBIOUS MILITARY OPERATIONS.
THE SUPPORTING ESTABLISHMENT IS CHARGED WITH PROVIDING SUPPORT FOR THE
ACCOMPLISHMENT OF THAT MISSION. HENCE, THE EMPLOYEES IN THE PROPOSED
CONSOLIDATED UNIT ARE INVOLVED IN A COMMON MISSION. MOREOVER, IN THE
PURSUIT OF THIS MISSION THE VARIOUS ACTIVITIES INVOLVED IN THE PROPOSED
CONSOLIDATED UNIT BEAR A RELATIONSHIP IN THAT THEY PERFORM SIMILAR OR
SUPPORTIVE FUNCTIONS. FOR EXAMPLE, THE MARINE CORPS FINANCE CENTER
PERFORMS A PAYROLL FUNCTION WHICH WOULD BENEFIT MARINE CORPS PERSONNEL
STATIONED THROUGHOUT THE ACTIVITIES IN THE PROPOSED UNITS AND THE
DOCTRINE, TACTICS, TECHNIQUES AND EQUIPMENT DEVELOPED AT QUANTICO ARE
UTILIZED BY OTHER ACTIVITIES IN THE PROPOSED UNIT. THUS, IN ADDITION TO
EXISTENCE OF A COMMON MISSION THERE EXISTS A SUBSTANTIAL DEGREE OF
FUNCTIONAL INTEGRATION THROUGHOUT THE SUPPORTING ESTABLISHMENT.
(COMPARE ARMY CORPS OF ENGINEERS, SUPRA, WHEREIN THE AUTHORITY FOUND
THAT THE ACTIVITIES INVOLVED IN THE PROPOSED CONSOLIDATED UNIT POSSESSED
A WIDE DIVERSION OF DISPARATE MISSIONS.)
MOREOVER, THE AUTHORITY FINDS THAT THE EMPLOYEES IN THE PROPOSED UNIT
ARE SUFFICIENTLY WELL DISTRIBUTED THROUGHOUT THE ORGANIZATIONAL ELEMENTS
WHICH MAKE UP THE SUPPORTING ESTABLISHMENT AND THAT THEIR GEOGRAPHIC
DISTRIBUTION SUFFICIENTLY REFLECTS THAT OF THE SUPPORTING ESTABLISHMENT
SO AS TO CONSTITUTE A MEANINGFUL CONSOLIDATED UNIT OF ALL MARINE CORPS
EMPLOYEES WHO ARE REPRESENTED BY THE PETITIONER. IN THIS REGARD,
EMPLOYEES FROM EACH OF THE MAJOR TYPES OF INSTALLATIONS WHICH MAKE UP
THE SUPPORTING ESTABLISHMENT (I.E., BASES, AVIATION INSTALLATIONS,
LOGISTICS BASES, TRAINING CENTERS, RECRUITING ACTIVITIES AND
MISCELLANEOUS ACTIVITIES) ARE INCLUDED AND THEY ARE DISTRIBUTED THROUGH
THE SAME GEOGRAPHICAL AREAS (I.E., SOUTHEASTERN AND SOUTHWESTERN UNITED
STATES AND PACIFIC AREA), AND IN A SIMILAR FASHION, AS THE SUPPORTING
ESTABLISHMENT IN TOTO. (COMPARE ARMY CORPS OF ENGINEERS, ID., WHEREIN
THE AUTHORITY FOUND THAT THE EMPLOYEES IN THE PROPOSED CONSOLIDATED UNIT
WERE NOT SUFFICIENTLY WELL DISTRIBUTED THROUGHOUT THE ADMINISTRATIVE AND
GEOGRAPHICAL STRUCTURE OF THE AGENCY SO AS TO CONSTITUTE A MEANINGFUL
CONSOLIDATED UNIT.) THEY ARE IN JOB CLASSIFICATIONS WHICH REFLECT THOSE
OF THE ORGANIZATION AS A WHOLE AND, TO A SIGNIFICANT DEGREE, ARE ENGAGED
IN SIMILAR OCCUPATIONAL UNDERTAKINGS. (COMPARE ARMY CORPS OF ENGINEERS,
ID., WHEREIN THE AUTHORITY FOUND A COMPLETE LACK OF COMMONALITY OF JOB
CLASSIFICATIONS.) THEY ARE UNDER THE COMMON, OVERALL SUPERVISION OF THE
COMMANDANT OF THE MARINE CORPS AND ARE SUBJECT TO SIMILAR PERSONNEL
POLICIES AS PROMULGATED BY THE DEPARTMENT OF THE NAVY AND IMPLEMENTED BY
THE COMMANDANT. BASED ON THE FOREGOING THE AUTHORITY CONCLUDES THAT THE
PROPOSED CONSOLIDATED UNIT WILL ENSURE A CLEAR AND IDENTIFIABLE
COMMUNITY OF INTEREST AMONG THE EMPLOYEES WHO WILL BE INCLUDED IN THE
PROPOSED CONSOLIDATED UNIT.
IN REGARD TO WHETHER THE PETITIONED FOR CONSOLIDATED UNIT WOULD
PROMOTE EFFECTIVE DEALINGS WITH, AND EFFICIENCY OF OPERATIONS OF, THE
AGENCY, THE AUTHORITY NOTES THAT WHILE PERSONNEL AND LABOR RELATIONS
ACTIVITES HAVE, FOR THE MOST PART, BEEN CONDUCTED AT THE LOCAL LEVEL,
THE COMMANDANT RETAINS ULTIMATE AUTHORITY AND RESPONSIBILITY. MOREOVER,
DESPITE THE FACT THAT CONTRACTS HAVE BEEN NEGOTIATED AT THE LOCAL LEVEL,
THE COMMANDANT HAS RETAINED AND EXERCISED APPROVAL AUTHORITY OVER THEM.
ALTHOUGH THE COMMANDANT DOES NOT HAVE ON HIS IMMEDIATE STAFF ANYONE WITH
LABOR RELATIONS EXPERTISE, HE HAS ACCESS TO A STAFF WITHIN THE
DEPARTMENT OF THE NAVY WHICH IS CHARGED WITH PROVIDING GUIDANCE AND
ASSISTANCE IN SUCH MATTERS TO THE MARINE CORPS. BASED ON THE EXISTENCE
OF COMMON OVERALL SUPERVISION WHICH ENCOMPASSES OVERALL PERSONNEL AND
LABOR RELATIONS AUTHORITY AND RESPONSIBILITY, THE AUTHORITY FINDS THAT
THE PROPOSED CONSOLIDATED UNIT WILL PROMOTE EFFECTIVE DEALINGS AND
EFFICIENCY OF THE AGENCY'S OPERATIONS. FURTHER, THE AUTHORITY CONCLUDES
THAT EFFECTIVE DEALINGS AND EFFICIENCY OF THE AGENCY'S OPERATIONS WILL
BE ENHANCED BY THE PROPOSED CONSOLIDATED UNIT, WHICH COVERS ALL OF THE
EMPLOYEES PAID FROM APPROPRIATED FUNDS REPRESENTED BY THE AFGE WITHIN
THE MARINE CORPS, AS IT WILL PROVIDE FOR BARGAINING BY THE AFGE WITHIN
THE MARINE CORPS, AS IT WILL PROVIDE FOR BARGAINING IN A SINGLE UNIT
RATHER THAN IN THE EXISTING 22 BARGAINING UNITS, THEREBY REDUCING
FRAGMENTATION AND PROMOTING A MORE EFFECTIVE, COMPREHENSIVE BARGAINING
UNIT STRUCTURE TO EFFECTUATE THE PURPOSES OF THE STATUTE. /5/
ACCORDINGLY, THE AUTHORITY FINDS, CONDITIONED ON THE FOLLOWING, THAT
THE PETITIONED FOR CONSOLIDATED UNIT, CONSISTING OF THE EMPLOYEES AS SET
FORTH IN APPENDIX A, IS APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE
RECOGNITION UNDER THE STATUTE.
PURSUANT TO THE REQUEST OF THE MARINE CORPS, AS THE PROPOSED
CONSOLIDATED UNIT IS FOUND TO BE APPROPRIATE, AN ELECTION WILL BE
DIRECTED TO DETERMINE WHETHER OR NOT THE EMPLOYEES INVOLVED DESIRE TO BE
REPRESENTED IN THE PROPOSED CONSOLIDATED UNIT BY THE AFGE. THE UNIT
FOUND APPROPRIATE INCLUDES PROFESSIONAL EMPLOYEES. HOWEVER, THE
AUTHORITY IS PROHIBITED BY SECTION 7112 OF THE STATUTE FROM INCLUDING
PROFESSIONAL EMPLOYEES IN A UNIT WITH NONPROFESSIONAL EMPLOYEES UNLESS A
MAJORITY OF THE PROFESSIONAL EMPLOYEES VOTES FOR INCLUSION IN SUCH A
UNIT. ACCORDINGLY, THE DESIRES OF THE PROFESSIONAL EMPLOYEES AS TO
THEIR INCLUSION IN A UNIT WITH NONPROFESSIONAL EMPLOYEES MUST BE
ASCERTAINED, AND THE AUTHORITY WILL DIRECT THAT SEPARATE ELECTIONS BE
CONDUCTED IN THE FOLLOWING VOTING GROUPS:
VOTING GROUP (A): ALL THE ELIGIBLE PROFESSIONAL EMPLOYEES IN THE
UNITS SET FORTH IN APPENDIX A.
VOTING GROUP (B): ALL THE ELIGIBLE NONPROFESSIONAL EMPLOYEES IN THE
UNITS SET FORTH IN APPENDIX A.
EMPLOYEES IN THE NONPROFESSIONAL VOTING GROUP (B) WILL BE POLLED
WHETHER THEY DESIRE TO BE REPRESENTED FOR THE PURPOSE OF EXCLUSIVE
RECOGNITION IN THE PROPOSED CONSOLIDATED UNIT BY THE AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES.
EMPLOYEES IN THE PROFESSIONAL VOTING GROUP (A) WILL BE ASKED TWO
QUESTIONS ON THEIR BALLOTS: (1) WHETHER THEY DESIRE TO BE REPRESENTED
FOR THE PURPOSE OF EXCLUSIVE RECOGNITION IN THE PROPOSED CONSOLIDATED
UNIT BY THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AND (2) WHETHER
THEY DESIRE TO BE REPRESENTED IN A SEPARATE CONSOLIDATED PROFESSIONAL
UNIT IF THE PROPOSED CONSOLIDATED UNIT IS APPROVED BY A MAJORITY OF ALL
THE EMPLOYEES VOTING.
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. IF A MAJORITY OF THE
VALID VOTES IS CAST IN FAVOR OF THE PROPOSED CONSOLIDATED UNIT, THE
BALLOTS OF THE PROFESSIONAL EMPLOYEES IN VOTING GROUP (A) WILL THEN BE
TALLIED TO DETERMINE WHETHER THEY WISH TO BE INCLUDED IN THE SAME
CONSOLIDATED UNIT WITH THE NONPROFESSIONAL EMPLOYEES. UNLESS A MAJORITY
OF THE VALID VOTES OF VOTING GROUP (A) IS CAST FOR INCLUSION IN THE SAME
CONSOLIDATED UNIT AS THE NONPROFESSIONAL EMPLOYEES, THE PROFESSIONAL
EMPLOYEES WILL BE TAKEN TO HAVE INDICATED THEIR DESIRE TO CONSTITUTE A
SEPARATE CONSOLIDATED PROFESSIONAL UNIT, AND AN APPROPRIATE
CERTIFICATION WILL BE ISSUED BY THE REGIONAL DIRECTOR.
THE UNIT DETERMINATION IN THE SUBJECT CASE THUS IS BASED IN PART UPON
THE RESULTS OF THE ELECTION AMONG THE PROFESSIONAL EMPLOYEES. HOWEVER,
THE AUTHORITY MAKES THE FOLLOWING FINDINGS IN REGARD TO THE APPROPRIATE
UNIT OR UNITS:
1. IF A MAJORITY OF THE PROFESSIONAL EMPLOYEES DOES NOT VOTE FOR
INCLUSION IN THE SAME UNIT AS THE NONPROFESSIONAL EMPLOYEES, THE
AUTHORITY FINDS THE FOLLOWING UNITS APPROPRIATE FOR THE PURPOSE OF
EXCLUSIVE RECOGNITION WITHIN THE MEANING OF SECTION 7112 OF THE STATUTE:
(A) ALL ELIGIBLE PROFESSIONAL EMPLOYEES IN THE UNITS SET FORTH IN
APPENDIX A.
(B) ALL ELIGIBLE NONPROFESSIONAL EMPLOYEES IN THE UNITS SET FORTH IN
APPENDIX A.
IF A MAJORITY OF THE PROFESSIONAL EMPLOYEES VOTES FOR INCLUSION IN
THE SAME CONSOLIDATED UNIT AS THE NONPROFESSIONAL EMPLOYEES, THE
AUTHORITY FINDS THE FOLLOWING UNIT APPROPRIATE FOR THE PURPOSE OF
EXCLUSIVE RECOGNITION WITHIN THE MEANING OF SECTION 7112 OF THE STATUTE:
ALL ELIGIBLE PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES IN THE UNITS
SET FORTH IN APPENDIX A.
DIRECTION OF ELECTION
AN ELECTION BY SECRET BALLOT SHALL BE CONDUCTED AMONG THE EMPLOYEES
IN THE UNIT FOUND APPROPRIATE AS SOON AS FEASIBLE. THE APPROPRIATE
REGIONAL DIRECTOR SHALL SUPERVISE OR CONDUCT, AS APPROPRIATE, THE
ELECTION SUBJECT TO THE AUTHORITY'S RULES AND REGULATIONS. ELIGIBLE TO
VOTE ARE THOSE IN THE VOTING GROUPS 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 BEEN REHIRED OR REINSTATED BEFORE THE ELECTION DATE.
ISSUED, WASHINGTON, D.C., FEBRUARY 4, 1982
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
APPENDIX A
EXISTING UNITS
INCLUDED: ALL ELIGIBLE EMPLOYEES AT THE MARINE CORPS SUPPLY CENTER,
BARSTOW, CALIFORNIA.
EXCLUDED: ALL SUPERVISORS, MANAGEMENT OFFICIALS AND EMPLOYEES
ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL
CAPACITY.
INCLUDED: ALL NONPROFESSIONAL GENERAL SCHEDULE EMPLOYEES EMPLOYED BY
THE MARINE CORPS AIR STATION, EL TORO, CALIFORNIA.
EXCLUDED: PROFESSIONAL EMPLOYEES, MANAGEMENT OFFICIALS,
FIREFIGHTERS, EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN
A PURELY CLERICAL CAPACITY, CONFIDENTIAL EMPLOYEES AND SUPERVISORS AS
DEFINED IN EXECUTIVE ORDER 11491, AS AMENDED.
INCLUDED: ALL CIVIL SERVICE GENERAL SCHEDULE AND WAGE BOARD CIVILIAN
EMPLOYEES OF THE MARINE CORPS RECRUIT DEPOT, SAN DIEGO, CALIFORNIA.
EXCLUDED: MANAGERS, SUPERVISORS, PROFESSIONAL EMPLOYEES, PERSONS
PERFORMING FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL
CAPACITY, ALL FIRE PROTECTION PERSONNEL, GUARDS AND TEMPORARY (LIMITED
TIME) EMPLOYEES.
INCLUDED: ALL NONSUPERVISORY FIREFIGHTERS AT THE MARINE CORPS AIR
STATION - EL TORO, SANTA ANA, CALIFORNIA.
EXCLUDED: ALL SUPERVISORS, MANAGEMENT OFFICIALS AND PERSONNEL
ENGAGED IN PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY.
INCLUDED: ALL NONSUPERVISORY WAGE GRADE EMPLOYEES AT THE MARINE
CORPS AIR STATION - EL TORO, SANTA ANA, CALIFORNIA.
EXCLUDED: ALL SUPERVISORS, MANAGEMENT OFFICIALS, GS EMPLOYEES AND
PERSONNEL ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY
CLERICAL CAPACITY.
INCLUDED: ALL NONSUPERVISORY WAGE GRADE AND GENERAL SCHEDULE
EMPLOYEES AT THE MARINE CORPS AIR STATION - HELICOPTER - EL TORO, SANTA
ANA, CALIFORNIA.
EXCLUDED: ALL SUPERVISORS, MANAGEMENT OFFICIALS AND PERSONNEL
ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL
CAPACITY.
INCLUDED: ALL CIVIL SERVICE EMPLOYEES OF THE MARINE CORPS BASE,
TWENTY-NINE PALMS, CALIFORNIA.
EXCLUDED: MANAGEMENT OFFICIALS, SUPERVISORS, EMPLOYEES ENGAGED IN
PERSONNEL WORK OTHER THAN PURELY CLERICAL WORK AND PROFESSIONAL
EMPLOYEES.
INCLUDED: ALL APPROPRIATED FUND EMPLOYEES EMPLOYED BY THE MARINE
CORPS LOGISTICS BASE, ALBANY, GEORGIA.
EXCLUDED: ALL PROFESSIONAL EMPLOYEES, MANAGEMENT OFFICIALS,
SUPERVISORS AND EMPLOYEES DESCRIBED IN 5 USC 7112(B)(2), (3), (4), (6),
AND (7).
INCLUDED: ALL ELIGIBLE EMPLOYEES, INCLUDING PROFESSIONALS, AT THE
U.S. MARINE CORPS AIR STATION, KANEOHE BAY, HAWAII.
EXCLUDED: ALL SUPERVISORS, MANAGEMENT OFFICIALS AND PERSONNEL
ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL
CAPACITY.
INCLUDED: ALL GENERAL SCHEDULE EMPLOYEES OF THE MARINE CORPS FINANCE
CENTER.
EXCLUDED: (1) MANAGEMENT OFFICIALS OR SUPERVISORS, (2) EMPLOYEES
ENGAGED IN FEDERAL PERSONNEL WORK (WITHIN THE MEANING OF SECTION 10 OF
EXECUTIVE ORDER 11491), (3) GUARDS AND (4) PROFESSIONAL EMPLOYEES.
INCLUDED: ALL GENERAL SCHEDULE EMPLOYEES OF THE MARINE CORPS
AUTOMATED SERVICES CENTER, KANSAS CITY, MISSOURI.
EXCLUDED: ALL EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER
THAN A PURELY CLERICAL CAPACITY, MANAGEMENT OFFICIALS, CONFIDENTIAL
EMPLOYEES AND SUPERVISORS AS DEFINED IN THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE.
INCLUDED: ALL ELIGIBLE EMPLOYEES AT THE U.S. MARINE CORPS BASE, CAMP
LEJEUNE, NORTH CAROLINA.
EXCLUDED: ALL SUPERVISORS, MANAGEMENT OFFICIALS, PROFESSIONALS AND
EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY
CLERICAL CAPACITY.
INCLUDED: ALL CIVIL SERVICE EMPLOYEES OF THE FIRE DIVISION, SECURITY
DEPARTMENT, MARINE CORPS AIR STATION, CHERRY POINT, NORTH CAROLINA.
EXCLUDED: ALL SUPERVISORS, MANAGEMENT OFFICIALS AND PERSONNEL
ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL
CAPACITY.
INCLUDED: ALL CIVIL SERVICE EMPLOYEES OF THE TELEPHONE BRANCH,
PUBLIC WORKS DEPARTMENT, MARINE CORPS AIR STATION, CHERRY POINT, NORTH
CAROLINA.
EXCLUDED: ALL SUPERVISORS, MANAGEMENT OFFICIALS, AND PERSONNEL
ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL
CAPACITY.
INCLUDED: ALL NONSUPERVISORY EMPLOYEES AT THE MARINE CORPS AIR
STATION - HELICOPTER - NEW RIVER - JACKSONVILLE, NORTH CAROLINA.
EXCLUDED: ALL SUPERVISORS, MANAGEMENT OFFICIALS AND PERSONNEL
ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL
CAPACITY.
INCLUDED: ALL GRADED AND UNGRADED APPROPRIATED FUND EMPLOYEES AT THE
MARINE CORPS AIR STATION, BEAUFORT, SOUTH CAROLINA.
EXCLUDED: TEACHERS, SUPERVISORS, MANAGEMENT PERSONNEL, PROFESSIONAL
PERSONNEL AND EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN
A PURELY CLERICAL CAPACITY.
INCLUDED: ALL CIVIL SERVICE NONSUPERVISORY, NONPROFESSIONAL
EMPLOYEES OF THE MARINE CORPS RECRUIT DEPOT, PARRIS ISLAND, SOUTH
CAROLINA.
EXCLUDED: ANY MANAGEMENT OFFICIAL AND ANY EMPLOYEE ENGAGED IN
PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY WHO ARE EXCLUDED
BY EXECUTIVE ORDER 10988.
INCLUDED: ALL NONSUPERVISORY, NONPROFESSIONAL GENERAL SCHEDULE (GS)
AND WAGE GRADE (WG) EMPLOYEES IN THE COMMISSARY STORE, MARINE CORPS
BASE, QUANTICO, VIRGINIA.
EXCLUDED: PROFESSIONAL EMPLOYEES, EMPLOYEES ENGAGED IN FEDERAL
PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY, MANAGEMENT
OFFICIALS AND GUARDS.
INCLUDED: ALL ELIGIBLE EMPLOYEES OF THE MARINE CORPS AIR STATION,
QUANTICO, VIRGINIA.
EXCLUDED: ALL MANAGEMENT OFFICIALS, SUPERVISORS, GUARDS,
PROFESSIONALS AND EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER
THAN A PURELY CLERICAL CAPACITY.
INCLUDED: ALL GOVERNMENT EMPLOYEES OF MARINE CORPS SCHOOLS LESS THE
EMPLOYEES OF THE SALES COMMISSARY, GRADED EMPLOYEES IN GRADES OF GS-9
AND ABOVE AND LEADINGMEN (FOREMEN) AND THOSE IN THE UNGRADED SERVICE.
INCLUDED: ALL NONSUPERVISORY, NONPROFESSIONAL GENERAL SCHEDULE
EMPLOYEES AT THE MARINE CORPS DISTRICT, PHILADELPHIA, PENNSYLVANIA.
EXCLUDED: ALL SUPERVISORS, PROFESSIONALS, MANAGEMENT OFFICIALS AND
PERSONNEL ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY
CLERICAL CAPACITY.
INCLUDED: ALL GENERAL SCHEDULE AND FEDERAL WAGE SCHEDULE EMPLOYEES
OF THE U.S. MARINE CORPS, CAMP SMEDLEY D. BUTLER, OKINAWA.
EXCLUDED: PROFESSIONAL EMPLOYEES, MANAGEMENT OFFICIALS, CONFIDENTIAL
EMPLOYEES, EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A
PURELY CLERICAL CAPACITY, SUPERVISORS AND EMPLOYEES EXCLUDED FROM
EXECUTIVE ORDER 11491, AS AMENDED, UNDER THE TERMS OF DOD INSTRUCTION
1426.1.
--------------- FOOTNOTES: ---------------
/1/ SEC. 7112. DETERMINATION OF APPROPRIATE UNITS FOR LABOR
ORGANIZATION REPRESENTATION
(A)(1) THE AUTHORITY SHALL DETERMINE THE APPROPRIATENESS OF ANY UNIT.
THE AUTHORITY SHALL
DETERMINE IN EACH CASE WHETHER, IN ORDER TO ENSURE EMPLOYEES THE
FULLEST FREEDOM IN EXERCISING
THE RIGHTS GUARANTEED UNDER THIS CHAPTER, THE APPROPRIATE UNIT SHOULD
BE ESTABLISHED ON AN
AGENCY, PLANT, INSTALLATION, FUNCTIONAL, OR OTHER BASIS AND SHALL
DETERMINE ANY UNIT TO BE AN
APPROPRIATE UNIT ONLY IF THE DETERMINATION WILL ENSURE A CLEAR AND
IDENTIFIABLE COMMUNITY OF
INTEREST AMONG THE EMPLOYEES IN THE UNIT AND WILL PROMOTE EFFECTIVE
DEALINGS WITH, AND
EFFICIENCY OF THE OPERATIONS OF, THE AGENCY INVOLVED.
/2/ ADDITIONALLY, THE AGENCY CONTENDS THAT ALTHOUGH MANY POSITIONS IN
THE PROPOSED UNIT HAVE THE SAME CLASSIFICATION TITLES AND REQUIRE THE
SAME SKILLS AND PERFORMANCE OF ESSENTIALLY THE SAME DUTIES, THE
UNIVERSALITY OF THE CLASSIFICATION SYSTEM IN THE FEDERAL SECTOR
MILITATES AGAINST UTILIZATION OF THESE CIRCUMSTANCES TO BOLSTER A
FINDING THAT ANY COMMONALITY EXISTS WHICH IS PECULIAR TO THE PROPOSED
UNIT.
/3/ THE RECORD INDICATES THAT THE ACTIVITIES WHICH FALL DIRECTLY INTO
THIS CATEGORY BUT ARE NOT INVOLVED IN THE PETITION HEREIN ARE AS
FOLLOWS: THE MARINE CORPS RESERVE FORCES ADMINISTRATIVE CENTER, KANSAS
CITY (109 CIVILIANS), THE 4TH MARINE AIRCRAFT WING LOCATED AT NEW
ORLEANS, LOUISIANA (2 CIVILIANS), AND THE 4TH MARINE DIVISION LOCATED AT
NEW ORLEANS, LOUISIANA (24 CIVILIANS).
/4/ SECTION 7112(D) PROVIDES AS FOLLOWS:
(D) TWO OR MORE UNITS WHICH ARE IN AN AGENCY AND FOR WHICH A LABOR
ORGANIZATION IS THE
EXCLUSIVE REPRESENTATIVE MAY, UPON PETITION BY THE AGENCY OR LABOR
ORGANIZATION, BE
CONSOLIDATED WITH OR WITHOUT AN ELECTION INTO A SINGLE LARGER UNIT IF
THE AUTHORITY CONSIDERS
THE LARGER UNIT TO BE APPROPRIATE. THE AUTHORITY SHALL CERTIFY THE
LABOR ORGANIZATION AS THE
EXCLUSIVE REPRESENTATIVE OF THE NEW LARGER UNIT.
/5/ SEE AAFES, SUPRA, WHEREIN THE AUTHORITY, IN FINDING THE UNIT
APPROPRIATE, NOTED PARTICULARLY 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
THAT CONSOLIDATION WOULD RESULT IN BARGAINING IN A SINGLE UNIT RATHER
THAN IN THE PREVIOUSLY EXISTING 69 UNITS, THUS REDUCING FRAGMENTATION
AND PROMOTING MORE EFFECTIVE, COMPREHENSIVE BARGAINING UNIT STRUCTURE TO
EFFECTUATE THE PURPOSES OF THE STATUTE.