[ v08 p643 ]
08:0643(113)RA
The decision of the Authority follows:
8 FLRA No. 113
DEPARTMENT OF THE NAVY
NAVAL CIVILIAN PERSONNEL COMMAND
PACIFIC FIELD DIVISION
Activity/Petitioner
and
Case Nos. 8-RA-6
8-RA-7
8-RA-8
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 882, AFL-CIO
Labor Organization
and
U.S. AIR FORCE,
15TH AIR BASE WING,
HICKAM AIR FORCE BASE, HAWAII
Intervenor /1/
DEPARTMENT OF THE ARMY,
U.S. ARMY SUPPORT COMMAND, HAWAII
Activity/Petitioner
and
Case No. 8-RA-3
HAWAII FEDERAL LODGE 1998,
INTERNATIONAL ASSOCIATION OF
MACHINISTS AND AEROSPACE WORKERS,
AFL-CIO
Labor Organization
DECISION AND ORDER CLARIFYING UNIT
UPON PETITIONS DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
(THE 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 HEARING OFFICER'S
RULINGS MADE AT THE HEARING ARE FREE FROM PREJUDICIAL ERROR AND ARE
HEREBY AFFIRMED.
UPON THE ENTIRE RECORD IN THIS CASE, THE AUTHORITY FINDS: IN CASE
NO. 8-RA-3, THE ACTIVITY/PETITIONER, U.S. ARMY SUPPORT COMMAND (ARMY),
CONTENDS THAT A BARGAINING UNIT OF ITS EMPLOYEES DESCRIBED AS INCLUDING
ALL FIREFIGHTER PERSONNEL ASSIGNED TO THE FIRE PREVENTION AND PROTECTION
DIVISION, DIRECTORATE OF ENGINEERING AND HOUSING, AND FOR WHICH THE
HAWAII FEDERAL LODGE 1998, INTERNATIONAL ASSOCIATION OF MACHINISTS AND
AEROSPACE WORKERS, AFL-CIO (IAM) WAS RECOGNIZED AS THE EXCLUSIVE
REPRESENTATIVE ON SEPTEMBER 9, 1963, IS NO LONGER APPROPRIATE FOR THE
PURPOSE OF EXCLUSIVE RECOGNITION UNDER THE STATUTE AS A CONSEQUENCE OF A
REORGANIZATION BY THE DEPARTMENT OF DEFENSE WHICH CONSOLIDATED THE FIRE
PROTECTION AND SUPPRESSION FUNCTIONS ON THE ISLAND OF OAHU, HAWAII,
UNDER THE NAVY AND RESULTED IN THE TRANSFER OF ALL 53 ARMY FIREFIGHTING
EMPLOYEES TO THE NAVY.
IN CASE NO. 8-RA-6, THE NAVY ORIGINALLY CONTENDED THAT, AS A
CONSEQUENCE OF THE REORGANIZATION, IT WAS UNCLEAR WHETHER THE BARGAINING
UNIT, CONSISTING OF ALL (APPROXIMATELY 171) GRADED EMPLOYEES OF THE NAVY
CONSOLIDATED FIRE DEPARTMENT, NAVAL STATION, PEARL HARBOR, HAWAII
(NCFD), CONTINUED TO BE REPRESENTED BY THE AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, LOCAL 882, AFL-CIO (AFGE), THE RECOGNIZED
EXCLUSIVE BARGAINING REPRESENTATIVE OF THE UNIT SINCE MAY 1, 1964, OR BY
IAM. DURING THE HEARING, THE NAVY AMENDED THE PETITION IN CASE NO.
8-RA-6 TO A CLARIFICATION OF UNIT (CU) PETITION, CONTENDING THAT, AS A
CONSEQUENCE OF THE REORGANIZATION, THE ARMY FIREFIGHTERS AS WELL AS 10
AIR FORCE FIREFIGHTERS AND 17 NEWLY HIRED EMPLOYEES HAD ACCRETED TO THE
NAVY UNIT. /2/ AFGE, IN AGREEMENT WITH THE NAVY, CONTENDS THAT SUCH
EMPLOYEES ACCRETED TO ITS UNIT AS A CONSEQUENCE OF THE REORGANIZATION,
AND THAT NO QUESTION CONCERNING REPRESENTATION HAS BEEN RAISED. IAM
CONTENDS, ON THE OTHER HAND, THAT THE CONSOLIDATION OF THE ARMY
EMPLOYEES IT REPRESENTS WITH THE NAVY EMPLOYEES REPRESENTED BY THE AFGE
HAS RESULTED IN A QUESTION CONCERNING REPRESENTATION WHICH SHOULD BE
RESOLVED BY AN ELECTION AMONG SUCH EMPLOYEES.
THE REGIONAL DIRECTOR ORIGINALLY ISSUED A REPORT AND FINDINGS ON
PETITIONS FOR DETERMINATION OF REPRESENTATIVE STATUS IN WHICH HE FOUND
THAT, AS A RESULT OF THE REORGANIZATION, CERTAIN EMPLOYEES OF THE ARMY
AND THE AIR FORCE TRANSFERRED TO THE NAVY, AND ACCRETED TO THE UNIT
REPRESENTED BY AFGE. FURTHER, THE REGIONAL DIRECTOR FOUND THAT THE
UNIT, AFTER THE REORGANIZATION, CONTINUED TO BE APPROPRIATE FOR PURPOSES
OF EXCLUSIVE RECOGNITION UNDER THE STATUTE. THEREAFTER, THE AUTHORITY
GRANTED THE IAM'S REQUEST FOR REVIEW, AND REMANDED THE CASE TO THE
REGIONAL DIRECTOR FOR A HEARING IN ORDER TO ESTABLISH A FULL AND
COMPLETE RECORD WITH RESPECT TO ALL ISSUES.
THE RECORD ESTABLISHES THAT, PURSUANT TO POLICIES AND GUIDELINES
ISSUED BY THE DEPARTMENT OF DEFENSE (DOD), A DECISION WAS MADE TO
CONSOLIDATE DOD FIRE PROTECTION AND SUPPRESSION FUNCTIONS ON THE ISLAND
OF OAHU UNDER THE SUPERVISION AND DIRECTION OF THE NAVY. SUBSEQUENTLY,
THESE RESPONSIBILITIES WERE GIVEN TO THE NAVAL CONSOLIDATED FIRE
DEPARTMENT (NCFD) WHICH, UNDER THE COMMAND OF THE SECURITY DEPARTMENT,
NAVAL STATION, PEARL HARBOR, HAD BEEN RESPONSIBLE FOR ALL FIRE
PROTECTION AND SUPPRESSION SERVICES, INCLUDING SHIPBOARD FIREFIGHTING,
FOR VIRTUALLY ALL NAVY AND MARINE CORPS ACTIVITIES ON THE ISLAND OF
OAHU. THEREAFTER, THE NCFD WAS RENAMED THE FEDERAL FIRE DEPARTMENT OAHU
(FFDO) AND WAS CHARGED WITH THE MISSION OF PROVIDING THESE SERVICES,
INCLUDING AIRCRAFT FIREFIGHTING, FOR ALL NAVY, ARMY AIR FORCE, AND
MARINE CORPS INSTALLATIONS ON THE ISLAND OF OAHU, WITH THE EXCEPTION OF
HICKAM AIR FORCE BASE (AIR FORCE CIVILIAN AND MILITARY PERSONNEL) AND
KANEOHE MARINE CORPS AIR STATION (ONLY MILITARY PERSONNEL). THEREAFTER,
IN OCTOBER 1979, APPROXIMATELY 10 FIREFIGHTERS EMPLOYED BY THE AIR FORCE
AND STATIONED AT WHEELER AIR FORCE BASE AS PART OF A BARGAINING UNIT
REPRESENTED BY THE AFGE, WERE TRANSFERRED TO THE NAVY AND ASSIGNED TO
THE FFDO. IN NOVEMBER 1979, APPROXIMATELY 53 FIREFIGHTERS EMPLOYED BY
THE ARMY AND STATIONED AT WHEELER AIR FORCE BASE, FORT SHAFTER AND
SCHOFIELD BARRACKS, CONSTITUTING THE ENTIRE BARGAINING UNIT REPRESENTED
BY IAM, WERE TRANSFERRED TO THE NAVY AND ASSIGNED TO THE FFDO.
THEREAFTER, 14 FIREFIGHTERS WERE TRANSFERRED FROM THE NAVAL AIR STATION,
BARKERS POINT, OAHU. CONSEQUENTLY, TO AN ORIGINAL NCFD UNIT OF
APPROXIMATELY 171 FIREFIGHTING EMPLOYEES, THE REORGANIZATION ADDED 10
FROM THE AIR FORCE, 53 FROM THE ARMY, AND 14 FROM OTHER NAVAL UNITS.
COUPLED WITH NEW HIRES OF APPROXIMATELY 17, THESE ACTIONS RESULTED IN A
TOTAL OF 265 EMPLOYEES BEING LOCATED IN THE FFDO.
UNDER THE DIRECTION OF THE FIRE CHIEF AND HIS DEPUTY, THE FFDO IS
ORGANIZED INTO AN ADMINISTRATIVE DIVISION, A TRAINING DIVISION, A FIRE
PREVENTION DIVISION, AND A FIRE SUPPRESSION AND PROTECTION DIVISION.
THE LATTER DIVISION IS ORGANIZED INTO 3 DISTRICTS, EACH OF WHICH IS
HEADED BY 2 SUPERVISORY FIREFIGHTERS; THE 3 DISTRICTS INCLUDE 14 FIRE
STATIONS AND A FIRE EQUIPMENT AND SUPPLY BRANCH. FOLLOWING THE
REORGANIZATION, ALL FFDO EMPLOYEES PERFORM ESSENTIALLY SIMILAR AND
RELATED FUNCTIONS AND ENJOY UNIFORM JOB CLASSIFICATIONS, POSITION
DESCRIPTIONS AND JOB PERFORMANCE STANDARDS. THEY ARE SUBJECT TO UNIFORM
REGULATIONS AS TO DUTIES, TRAINING, AND SHIFT REQUIREMENTS, AND ARE
REQUIRED TO WEAR A STANDARD UNIFORM WHILE PERFORMING THEIR DUTIES. THEY
ARE SUBJECT TO COMMON PERSONNEL POLICIES AND PRACTICES, INCLUDING LABOR
RELATING POLICIES ESTABLISHED AND IMPLEMENTED BY A COMMON SERVICING
PERSONNEL OFFICE, AND ENJOY COMMON AREAS OF CONSIDERATION FOR PROMOTION
AND REDUCTION-IN-FORCE PURPOSES. FINALLY, THE EVIDENCE ESTABLISHES THAT
THERE IS SUBSTANTIAL TRANSFER AND INTERCHANGE AMONG ALL EMPLOYEES.
IN VIEW OF THE ABOVE, THE AUTHORITY FINDS THAT THE EMPLOYEES
TRANSFERRED FROM THE AIR FORCE AND THE ARMY HAVE ACCRETED TO THE UNIT OF
NAVY FIREFIGHTERS REPRESENTED BY AFGE, AND THAT THE UNIT OF ARMY
FIREFIGHTERS PREVIOUSLY REPRESENTED BY IAM NO LONGER EXISTS. THUS, THE
EVIDENCE ESTABLISHES THAT NEITHER THE FORMER ARMY FIREFIGHTING EMPLOYEES
NOR THE FORMER AIR FORCE FIREFIGHTING EMPLOYEES ENJOY A COMMUNITY OF
INTEREST SEPARATE AND DISTINCT FROM EACH OTHER OR FROM THE NAVY
FIREFIGHTING EMPLOYEES; INDEED, THE EMPLOYMENT ORIGINS OF ALL THESE
EMPLOYEES ARE NOW INDISTINGUISHABLE, SINCE THEY HAVE BEEN
ORGANIZATIONALLY AND OPERATIONALLY INTEGRATED INTO THE FFDO. THE
EVIDENCE FURTHER ESTABLISHES THAT ALL EMPLOYEES OF FFDO, IRRESPECTIVE OF
EMPLOYMENT ORIGIN, SHARE A CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST
AND THAT, FOLLOWING THE REORGANIZATION TO CONSOLIDATE THE FIREFIGHTING
FUNCTIONS UNDER THE NAVY, THE UNIT EXCLUSIVELY REPRESENTED BY AFGE
CONTINUES AS WELL TO PROMOTE EFFECTIVE DEALINGS AND EFFICIENCY OF AGENCY
OPERATIONS AND IS, THEREFORE, APPROPRIATE FOR THE PURPOSES OF EXCLUSIVE
RECOGNITION. /3/
ACCORDINGLY, THE AUTHORITY WILL CLARIFY THE UNIT REPRESENTED
EXCLUSIVELY BY AFGE BY INCLUDING THEREIN ALL ELIGIBLE EMPLOYEES
TRANSFERRED TO THE NAVY AND ASSIGNED TO FFDO. SEE DEPARTMENT OF THE
NAVY, NAVAL SUPPLY CENTER, OAKLAND, CALIFORNIA, 5 FLRA NO. 103(1981);
DEFENSE CONTRACT ADMINISTRATION SERVICES REGION, ST. LOUIS, MISSOURI, 5
FLRA NO. 37(1981). /4/ FURTHER, IN ACCORDANCE WITH THE CLEAR INTENT OF
THE PARTIES AS REFLECTED IN THE RECORD HEREIN, THE AUTHORITY WILL TREAT
THE AMENDED PETITION IN CASE NO. 8-RA-6 AS THOUGH A COMPANION AMENDMENT
OF CERTIFICATION (AC) PETITION HAD BEEN FILED, AND WILL AMEND THE
DESCRIPTION OF THE UNIT EXCLUSIVELY REPRESENTED BY AFGE TO REFLECT THE
CHANGES IN ORGANIZATIONAL IDENTIFICATION RESULTING FROM THE
REORGANIZATION. /5/ FINALLY, NOTING THAT THE REORGANIZATION RESULTED IN
THE TRANSFER TO THE NAVY OF ALL THE ARMY EMPLOYEES IN THE BARGAINING
UNIT REPRESENTED EXCLUSIVELY BY THE IAM, THE AUTHORITY FINDS THAT SUCH
UNIT NO LONGER EXISTS AND WILL DISMISS THE PETITION FILED IN CASE NO.
8-RA-3.
ORDER
IT IS HEREBY ORDERED THAT THE BARGAINING UNIT OF ALL GRADED EMPLOYEES
OF THE NAVY CONSOLIDATED FIRE DEPARTMENT, NAVAL STATION, PEARL HARBOR,
HAWAII, FOR WHICH THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL
882, AFL-CIO WAS RECOGNIZED AS THE EXCLUSIVE REPRESENTATIVE ON MAY 1,
1964, BE, AND IT HEREBY IS, CLARIFIED TO INCLUDE ELIGIBLE EMPLOYEES
TRANSFERRED TO THE NAVY FROM THE AIR FORCE AND THE ARMY AS A RESULT OF
THE REORGANIZATION AND CONSOLIDATION OF FIRE PROTECTION AND SUPPRESSION
FUNCTIONS ON THE ISLAND OF OAHU IN 1979 BY THE DEPARTMENT OF DEFENSE.
IT IS FURTHER ORDERED THAT THE ABOVE-DESCRIBED EXCLUSIVELY RECOGNIZED
BARGAINING UNIT OF FIRE FIGHTING EMPLOYEES OF THE U.S. NAVY ON THE
ISLAND OF OAHU BE AMENDED TO REFLECT CHANGES IN ORGANIZATIONAL
DESIGNATION FROM NAVY CONSOLIDATED FIRE DEPARTMENT (NCFD) TO FEDERAL
FIRE DEPARTMENT OAHU (FFDO). THE UNIT DESCRIPTION, AS AMENDED, IS:
ALL NON-PROFESSIONAL GENERAL SCHEDULE EMPLOYEES OF THE OAHU FEDERAL
FIRE DEPARTMENT, NAVAL
STATION, PEARL HARBOR, HAWAII, INCLUDING FIRE CAPTAINS, SUPERVISORY
FIRE FIGHTERS, GS-6,
EXCLUDING ALL PROFESSIONAL EMPLOYEES, MANAGEMENT OFFICIALS,
SUPERVISORS, AND EMPLOYEES
DESCRIBED IN 5 U.S.C. 7112(B)(2), (3), (4), (6), AND (7).
IT IS FURTHER ORDERED THAT THE PETITION IN CASE NO. 8-RA-3 BE, AND IT
HEREBY IS, DISMISSED.
DATED, WASHINGTON, D.C., MAY 19, 1982
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES: ---------------
/1/ THE HEARING OFFICER GRANTED A MOTION TO INTERVENE BY THE U.S.
AIR FORCE, 15TH AIR BASE WING, HICKAM AIR FORCE BASE TO PARTICIPATE IN
THE ABOVE-CAPTIONED PROCEEDING.
/2/ IN ADDITION, AT THE HEARING, THE NAVY, WITH THE APPROVAL OF THE
HEARING OFFICER, WITHDREW ITS PETITIONS IN CASE NOS. 8-RA-7 AND 8-RA-8,
WHICH CONCERNED, RESPECTIVELY, THE ARMY UNIT AT ISSUE IN CASE NO.
8-RA-3, AND A UNIT OF AIR FORCE FIREFIGHTERS.
/3/ SEE SECTION 7112(A)(1) OF THE STATUTE.
/4/ IN FINDING THAT THE UNIT EXCLUSIVELY REPRESENTED BY AFGE REMAINED
UNCHANGED AFTER THE REORGANIZATION AND CONTINUES TO BE APPROPRIATE FOR
THE PURPOSES OF EXCLUSIVE RECOGNITION, THE AUTHORITY FURTHER FINDS THAT
A QUESTION CONCERNING REPRESENTATION HAS NOT BEEN RAISED AND,
CONSEQUENTLY, AN ELECTION IS NOT NECESSARY.
/5/ SEE U.S. ARMY COMMUNICATIONS COMMAND AGENCY, ST. LOUIS, MO., 2
FLRA NO. 26(1979); DEPARTMENT OF AGRICULTURE, ANIMAL PLANT HEALTH
INSPECTION SERVICE, PLANT PROTECTION QUARANTINE, PINK BOLLWORM REARING
FACILITY, 6 FLRA NO. 44(1981).