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08:0279(66)RA
The decision of the Authority follows:
8 FLRA No. 66
DEFENSE CONTRACTS ADMINISTRATION
SERVICES REGION, BOSTON, MASSACHUSETTS
Activity/Petitioner
and
NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R2-56
Labor Organization/Intervenor
and
NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R2-65
Labor Organization/Intervenor
Case No. 1-RA-2
DEFENSE CONTRACTS ADMINISTRATION SERVICES
REGION, BOSTON, MASSACHUSETTS
Activity/Petitioner
and
NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES,
LOCAL R2-45
Labor Organization/Intervenor
and
NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES,
LOCAL R2-65
Labor Organization/Intervenor
Case No. 1-RA-3
DECISION AND ORDER ON CLARIFICATION OF UNIT
UPON PETITIONS 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 THESE CASES THE AUTHORITY FINDS:
THE DEFENSE CONTRACTS ADMINISTRATION SERVICES REGION, BOSTON,
MASSACHUSETTS (ACTIVITY) REORGANIZED ITS NEW YORK STATE FIELD
INSTALLATIONS EFFECTIVE NOVEMBER 1, 1979. PRIOR TO THE REORGANIZATION
THE INSTALLATIONS LOCATED IN SYRACUSE, BUFFALO, AND BINGHAMTON, NEW
YORK, AND IBM, OWEGO, NEW YORK, WERE AT THE SAME ORGANIZATIONAL LEVEL--
DEFENSE CONTRACTS ADMINISTRATION SERVICES MANAGEMENT AREA (DCASMA) OR
DEFENSE CONTRACTS ADMINISTRATION SERVICES PLANT REPRESENTATIVE OFFICE
(DCASPRO). /1/ AS A RESULT OF THE REORGANIZATION THE DCASMAS AT BUFFALO
AND BINGHAMTON WERE DOWNGRADED TO "RESIDENCIES" AND PLACED UNDER THE
COMMAND OF DCASMA SYRACUSE. THE REORGANIZATION ALSO CREATED A DCASPRO
OUT OF THE RESIDENCY THAT WAS LOCATED AT SINGER-LINK.
THE INCUMBENT UNIONS INVOLVED HEREIN ARE THREE LOCALS OF THE NATIONAL
ASSOCIATION OF GOVERNMENT EMPLOYEES. LOCAL R2-65 WAS RECOGNIZED IN MAY,
1969, AS THE EXCLUSIVE REPRESENTATIVE OF A UNIT OF ALL EMPLOYEES
REPORTING DIRECTLY OR INDIRECTLY TO THE COMMANDER, DCASMA SYRACUSE,
EXCLUDING MANAGEMENT OFFICIALS, SUPERVISORS AND THE SECRETARY TO THE
COMMANDER. LOCAL R2-45 WAS RECOGNIZED IN SEPTEMBER, 1966, AS THE
EXCLUSIVE REPRESENTATIVE OF A UNIT OF ALL EMPLOYEES REPORTING DIRECTLY
TO THE COMMANDER, DCASMA BUFFALO, NEW YORK, EXCLUDING MANAGEMENT
OFFICIALS, SUPERVISORS, ENGINEERS AND THE SECRETARY TO THE COMMANDER.
LOCAL R2-56 WAS RECOGNIZED IN JUNE, 1968, AS THE EXCLUSIVE
REPRESENTATIVE OF A UNIT OF ALL EMPLOYEES AT BINGHAMTON, NEW YORK,
DCASMA EXCLUDING ENGINEERS, SUPERVISORY PERSONNEL, AND THE SECRETARY TO
THE CHIEF OF THE DEFENSE CONTRACT ADMINISTRATION SERVICES OFFICE.
EMPLOYEES AT IBM OWEGO /2/ AND BINGHAMTON EMPLOYEES LOCATED AT
SINGER-LINK PRIOR TO THE INSTANT REORGANIZATION WERE ALSO PART OF THIS
UNIT.
THE ACTIVITY'S PETITIONS IN EFFECT ASK THAT THE BARGAINING UNIT AT
SYRACUSE, CURRENTLY EXCLUSIVELY REPRESENTED BY LOCAL R2-65, BE CLARIFIED
TO INCLUDE THE BARGAINING UNIT EMPLOYEES AT BINGHAMTON, (CURRENTLY
EXCLUSIVELY REPRESENTED BY LOCAL R2-56), AND THE BARGAINING UNIT
EMPLOYEES AT BUFFALO, (CURRENTLY EXCLUSIVELY REPRESENTED BY LOCAL
R2-45), WHERE UNITS CEASED TO EXIST AS SEPARATE BARGAINING UNITS
FOLLOWING THE REORGANIZATION. THE ACTIVITY FURTHER SEEKS TO HAVE
ELECTIONS DIRECTED, RESPECTIVELY, FOR THE EMPLOYEES AT DCASPRO IBM
OWEGO, AND DCASPRO SINGER-LINK.
THE RECORD ESTABLISHES THAT ALL PERSONNEL POLICIES AND PRACTICES FOR
THE ACTIVITY ARE CENTRALLY ESTABLISHED BY THE REGION COMMANDER AT DCASR
BOSTON, AND ADMINISTERED BY THE COMMANDERS AT THE DCASMA AND DCASPRO
LEVEL FOR THE EMPLOYEES UNDER THEIR CHAIN OF COMMAND. ALL EMPLOYEES
UNDER EACH DCASMA AND DCASPRO SHARE THE SAME CONDITIONS OF EMPLOYMENT,
AND AREAS OF CONSIDERATION FOR REDUCTION-IN-FORCE (RIF) AND MERIT
PROMOTION, REGARDLESS OF THEIR GEOGRAPHIC LOCATION. AS THE
INSTALLATIONS AT BINGHAMTON AND BUFFALO HAVE BEEN DOWNGRADED TO THE
LEVEL OF "RESIDENCIES" AND PLACED UNDER THE COMMAND OF DCASMA SYRACUSE,
THE EMPLOYEES THERE ARE SUBJECT TO THE SAME PERSONNEL POLICIES AND
PRACTICES AND SHARE THE SAME AREAS OF CONSIDERATION FOR PROMOTION AND
RIFS AS DO ALL OTHER DCASMA SYRACUSE EMPLOYEES AND NO LONGER SHARE A
SEPARATE AND DISTINCT COMMUNITY OF INTEREST. FURTHER, WITH THE
DOWNGRADING, THE AUTHORITY AND RESPONSIBILITY TO ENGAGE IN COLLECTIVE
BARGAINING WITH THE EXCLUSIVE REPRESENTATIVE NO LONGER REST AT THE
BINGHAMTON AND BUFFALO LEVEL BUT RATHER WITH THE COMMANDER AT THE DCASMA
SYRACUSE.
BASED UPON THE FOREGOING, THE AUTHORITY CONCLUDES THAT THE
APPROPRIATE BARGAINING UNIT SHOULD INCLUDE ALL EMPLOYEES UNDER THE
COMMAND OF DCASMA SYRACUSE, AS THIS UNIT 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." 5 U.S.C. 7112(A)(1). THE BARGAINING UNIT AT
DCASMA SYRACUSE, CURRENTLY EXCLUSIVELY REPRESENTED BY LOCAL R2-65, IS
HEREBY CLARIFIED TO INCLUDE ALL QUALIFIED EMPLOYEES LOCATED AT DCAS
BINGHAMTON AND DCAS BUFFALO WHO ARE NOW ORGANIZATIONALLY PART OF
SYRACUSE DCASMA AND WHO FORMERLY WERE REPRESENTED BY LOCAL R2-56, AND
LOCAL R2-45, RESPECTIVELY.
PREVIOUSLY, THE EMPLOYEES STATIONED AT IBM OWEGO AND SINGER-LINK,
RESPECTIVELY, WERE BINGHAMTON EMPLOYEES IN THE UNIT EXCLUSIVELY
REPRESENTED BY LOCAL R2-56. AS A RESULT OF THE REORGANIZATION THE
INSTALLATIONS AT IBM OWEGO AND SINGER-LINK WERE UPGRADED TO DCASPROS AND
ARE NOW AT AN ORGANIZATIONAL LEVEL EQUAL TO DCASMA SYRACUSE (SEE N. 1).
AT THE TIME OF REORGANIZATION APPROXIMATELY 20 BINGHAMTON EMPLOYEES
ALREADY STATIONED THERE. THESE FORMER BINGHAMTON EMPLOYEES BECAME THE
SINGER-LINK DCASPRO AT THE TIME BINGHAMTON WAS DOWNGRADED TO A RESIDENCY
REPORTING TO DCASMA SYRACUSE.
WHEREAS THE ACTIVITY-PETITIONER SEEKS REPRESENTATION ELECTIONS AT IBM
OWEGO AND SINGER-LINK, OR ALTERNATIVELY AN ELECTION FOR A SINGLE
RESIDUAL UNIT, THE INCUMBENT, LOCAL R2-56, OPPOSES ANY ELECTION. IT
ARGUES THAT THE EMPLOYEES ARE PERFORMING THE SAME DUTIES, MOST OF THEM
IN THE SAME LOCATION, AND UNDER THE SAME CONDITIONS AS BEFORE, AND THAT
IT HAS PREVIOUSLY REPRESENTED THE EMPLOYEES IN BOTH UNITS AND SHOULD
CONTINUE TO DO SO.
NOTING PARTICULARLY THE FACT THAT SINGER-LINK AND IBM OWEGO UNITS
WOULD REFLECT THE ADMINISTRATIVE AND ORGANIZATIONAL STRUCTURE OF THE
ACTIVITY AND THAT THEIR EMPLOYEES, WHO WERE PREVIOUSLY REPRESENTED BY
LOCAL R2-56, CONTINUE TO PERFORM THE SAME JOB FUNCTIONS UNDER SIMILAR
WORKING CONDITIONS FOLLOWING THE REORGANIZATION, THE AUTHORITY FINDS
THAT SINGER-LINK AND IBM OWEGO ARE APPROPRIATE UNITS THAT SHOULD
CONTINUE TO BE EXCLUSIVELY REPRESENTED BY NAGE LOCAL R2-56.
ORDER
IT IS HEREBY ORDERED THAT THE UNIT AT THE DEFENSE CONTRACTS
ADMINISTRATION SERVICES MANAGEMENT AREA, SYRACUSE, NEW YORK, CURRENTLY
EXCLUSIVELY REPRESENTED BY THE NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R2-65, WHICH WAS RECOGNIZED IN MAY OF 1969, BE, AND IT
HEREBY IS, CLARIFIED BY INCLUDING IN SAID UNIT ALL ELIGIBLE EMPLOYEES AT
THE RESIDENCIES LOCATED AT BUFFALO AND BINGHAMTON, NEW YORK.
IT IS FURTHER ORDERED THAT THE PETITION IN CASE NO. 1-RA-2 SEEKING
ELECTIONS AT THE DEFENSE CONTRACTS ADMINISTRATION SERVICES PLANT
REPRESENTATIVE OFFICE LOCATED AT IBM OWEGO AND SINGER-LINK, 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/ DCASMA AND DCASPRO OCCUPY THE SAME ORGANIZATIONAL LEVEL AND HAVE
THE SAME RESPONSIBILITIES WITHIN THE ACTIVITY'S ORGANIZATIONAL
HIERARCHY.
/2/ THE DCASPRO AT IBM OWEGO WAS CREATED OUT OF DCASMA BINGHAMTON ON
FEBRUARY 1, 1978. THE ACTIVITY FILED A PETITION WITH THE ASSISTANT
SECRETARY OF LABOR UNDER EXECUTIVE ORDER 11491, AS AMENDED, TO SEVER THE
UNIT FROM THE BINGHAMTON UNIT WHICH WAS DISMISSED. 8 A/SLMR 1340
(1978). IBM OWEGO WAS FOUND TO REMAIN AS PART OF THE BINGHAMTON UNIT
FROM WHICH IT WAS CREATED.