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08:0271(63)CU
The decision of the Authority follows:
8 FLRA No. 63
LONG BEACH NAVAL SHIPYARD
LONG BEACH, CALIFORNIA
Activity
and
INTERNATIONAL FEDERATION OF
PROFESSIONAL AND TECHNICAL ENGINEERS,
LOCAL 174, AFL-CIO & CLC
Labor Organization/Petitioner
and
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
LOCAL 2237, AFL-CIO
Labor Organization/Intervenor /1/
Case No. 8-CU-13
DECISION AND ORDER ON PETITION FOR CLARIFICATION OF UNIT
AS A RESULT OF A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS
AUTHORITY UNDER SECTION 7111(B)(2) 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, THE AUTHORITY FINDS: THE PETITIONER,
INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS, LOCAL
174, AFL-CIO & CLC (IFPTE), SEEKS TO CLARIFY ITS EXISTING EXCLUSIVELY
RECOGNIZED UNIT BY INCLUDING, THEREIN, THE POSITION OF INDUSTRIAL
SUGGESTION SPECIALIST, GS-1101-7, WHICH IT CONTENDS IS THAT OF A
TECHNICAL EMPLOYEE. THE ACTIVITY MAINTAINS THAT SUCH POSITION IS
ADMINISTRATIVE IN NATURE AND, HENCE, INCLUDED IN A UNIT REPRESENTED BY
AFGE RATHER THAN INCLUDED IN THE IFPTE UNIT. THE RECORD CONTAINS NO
INDICATION AS TO AFGE'S POSITION.
IFPTE HOLDS EXCLUSIVE RECOGNITION FOR A UNIT CONSISTING OF "ALL
GRADED NON-PROFESSIONAL TECHNICAL EMPLOYEES IN THE ENGINEERING SCIENCES
AND RELATED FIELDS IN THE UNIT, EXCLUDING SUPERVISORS AND MANAGERIAL
EXECUTIVES." AFGE HOLDS RECOGNITION FOR A UNIT COMPOSED OF ALL GENERAL
SCHEDULE EMPLOYEES OF THE LONG BEACH NAVAL SHIPYARD WITH THE NORMAL
EXCLUSIONS INCLUDING EMPLOYEES COVERED BY EXISTING GRANTS OF EXCLUSIVE
RECOGNITION.
THE POSITION OF INDUSTRIAL SUGGESTION SPECIALIST WAS ESTABLISHED AT
THE ACTIVITY IN APPROXIMATELY 1971 AFTER BOTH THE ABOVE-DESCRIBED UNITS
WERE RECOGNIZED. THE PRIMARY PURPOSE OF THE INDUSTRIAL SUGGESTION
SPECIALIST IS TO ADMINISTER AND COORDINATE THE BENEFICIAL SUGGESTIONS
PROGRAM IN AN ASSIGNED ORGANIZATIONAL JURISDICTION. /2/
THE AUTHORITY FINDS THAT THE INDUSTRIAL SUGGESTION SPECIALISTS ARE
NOT TECHNICAL EMPLOYEES AND, HENCE, ARE NOT WITHIN THE SCOPE OF THE
IFPTE UNIT. IN THIS REGARD THE AUTHORITY NOTES THAT, WHILE THEY MAY
UTILIZE EXPERTISE IN A TECHNICAL AREA, THEY ARE INVOLVED IN AN
ADMINISTRATIVE PROGRAM (I.E., THE BENEFICIAL SUGGESTION PROGRAM). THUS,
THEIR JOB EFFORT DOES NOT INVOLVE DIRECT PARTICIPATION IN A PROGRAM OR
PRODUCTION OF A TECHNICAL NATURE. RATHER, THEY ARE CHARGED WITH
ADMINISTERING AN EMPLOYEE SUGGESTION PROGRAM WHICH, PERIPHERALLY,
RELATES TO A TECHNICAL AREA. THUS, THE AUTHORITY CONCLUDES THAT THE
INDUSTRIAL SUGGESTION SPECIALISTS ARE NOT INCLUDED IN THE UNIT FOR WHICH
IFPTE HOLDS RECOGNITION.
ORDER
IT IS HEREBY ORDERED THAT THE PETITION, WHICH SEEKS TO CLARIFY THE
UNIT FOR WHICH INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL
ENGINEERS, LOCAL 174, HOLDS EXCLUSIVE RECOGNITION, BY INCLUDING,
THEREIN, THE POSITION OF INDUSTRIAL SUGGESTION SPECIALIST, GS-1101-07,
BE, AND IT HEREBY IS, DISMISSED.
ISSUED, WASHINGTON, D.C., MARCH 26, 1982
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES: ---------------
/1/ DESPITE NOTIFICATION OF THE HEARING SCHEDULED IN THE INSTANT
CASE, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 2237, (AFGE)
DID NOT APPEAR AT THE PROCEEDING.
/2/ OF THREE INDUSTRIAL SUGGESTION SPECIALIST POSITIONS ESTABLISHED
AT THE ACTIVITY, ONE IS ASSIGNED TO THE MECHANICAL GROUP, PRODUCTION
DEPARTMENT; THE SECOND IS ASSIGNED TO THE STRUCTURAL GROUP, PRODUCTION
DEPARTMENT; AND THE THIRD IS ASSIGNED TO THE ELECTRICAL/ELECTRONICS
SHOP GROUP, PRODUCTION DEPARTMENT.