[ v08 p649 ]
08:0649(114)RO
The decision of the Authority follows:
8 FLRA No. 114 NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCAL R12-35 Labor Organization/Petitioner and DEPARTMENT OF THE NAVY NAVAL OCEAN SYSTEMS CENTER SAN DIEGO, CALIFORNIA Activity Case No. 8-RO-40 DECISION AND ORDER ON PETITION FOR CERTIFICATION OF UNIT UPON A PETITION DULY FILED WITH THE AUTHORITY UNDER SECTION 7111(B)(1) 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 CAREFUL CONSIDERATION OF THE ENTIRE RECORD IN THIS CASE, INCLUDING THE PARTIES' CONTENTIONS, /1/ AND IN AGREEMENT WITH THE ACTIVITY, THE AUTHORITY FINDS THAT THE UNIT OF WAGE GRADE EMPLOYEES WHICH THE NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCAL R12-35 (NAGE) SEEKS TO REPRESENT IS NOT APPROPRIATE FOR EXCLUSIVE RECOGNITION UNDER SECTION 7112(A)(1) OF THE STATUTE. /2/ THUS, THE RECORD ESTABLISHES THAT THE APPROXIMATELY 47 WAGE GRADE EMPLOYEES DO NOT HAVE A CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST SEPARATE AND DISTINCT FROM THE OTHER APPROXIMATELY 2,000 GENERAL SCHEDULE EMPLOYEES OF THE ACTIVITY. ALTHOUGH THE WAGE GRADE EMPLOYEES ARE INVOLVED IN MANUAL, MORE PHYSICALLY DEMANDING TASKS, THEY FOR THE MOST PART WORK SIDE BY SIDE AND ARE FUNCTIONALLY INTEGRATED WITH THE GENERAL SCHEDULE EMPLOYEES IN CARRYING OUT THE MISSION OF THE ACTIVITY, HAVE A SIMILARITY OF SKILLS WITH SOME GENERAL SCHEDULE TECHNICIANS AT THE ACTIVITY, AND PRESENTLY, /3/ WITH MINOR DEVIATIONS, ARE SUBJECT TO THE SAME PERSONNEL POLICIES AND PRACTICES AS THE GENERAL SCHEDULE EMPLOYEES. FURTHER, DUE TO THIS SIMILARITY OF SKILLS, WAGE GRADE EMPLOYEES ARE INCLUDED IN THE AREA OF CONSIDERATION FOR FILLING GENERAL SCHEDULE JOB VACANCIES AND, IN FACT, HAVE BEEN PROMOTED INTO GENERAL SCHEDULE JOB CLASSIFICATIONS. HENCE, THE AUTHORITY FINDS THAT WAGE GRADE EMPLOYEES DO NOT SHARE CONDITIONS OF EMPLOYMENT SEPARATE AND DISTINCT FROM OTHER ACTIVITY EMPLOYEES AND THUS DO NOT SHARE A SEPARATE COMMUNITY OF INTEREST. FURTHER, THE PROPOSED UNIT OF 47 EMPLOYEES WOULD NOT PROMOTE EFFECTIVE DEALINGS OR EFFICIENCY OF AGENCY OPERATIONS SINCE IT WOULD RESULT IN UNWARRANTED FRAGMENTATION. NOTED IN THIS REGARD IS THAT, AT THE PRESENT TIME, PERSONNEL POLICIES AND PRACTICES ARE CENTRALLY ESTABLISHED AND UNIFORMLY IMPLEMENTED FOR ALL EMPLOYEES. THEREFORE, BASED UPON THE FOREGOING, THE AUTHORITY FINDS THAT THE UNIT PETITIONED FOR IS NOT APPROPRIATE FOR EXCLUSIVE RECOGNITION UNDER SECTION 7112(A)(1) OF THE STATUTE. ORDER IT IS HEREBY ORDERED THAT THE PETITION IN CASE NUMBER 8-RO-40 BE, AND IT HEREBY IS, DISMISSED. ISSUED, 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/ AS THE BRIEF FILED BY THE NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCAL R12-35 WAS UNTIMELY FILED, IT HAS NOT BEEN CONSIDERED HEREIN. /2/ SECTION 7112(A)(1) PROVIDES IN PERTINENT PART THAT THE AUTHORITY SHALL: . . . DETERMINE ANY UNIT TO BE AN APPROPRIATE UNIT ONLY IF THE DETERMINATION WILL INSURE 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. /3/ THE AUTHORITY IS AWARE THAT THE ACTIVITY IS PRESENTLY ENGAGED IN A 5 YEAR PERSONNEL SYSTEM EXPERIMENT WHICH MAY RESULT IN SEPARATE TREATMENT OF WAGE GRADE EMPLOYEES. HOWEVER, THE DECISION HEREIN MUST REFLECT THE CONDITIONS OF EMPLOYMENT THAT EXISTED AT THE TIME OF THE HEARING RATHER THAN WHAT MAY EXIST IN THE FUTURE. SEE, E.G., DEPARTMENT OF TREASURY, BUREAU OF THE MINT, U.S. MINT, DENVER, 6 FLRA NO. 17(1981), TO THE EFFECT THAT THE AUTHORITY WILL NOT PASS UPON THE INCLUSION OF VACANT POSITIONS IN A BARGAINING UNIT.