[ v08 p699 ]
08:0699(120)CU
The decision of the Authority follows:
8 FLRA No. 120
DEPARTMENT OF DEFENSE,
DEPARTMENT OF THE ARMY
LEXINGTON-BLUE GRASS DEPOT ACTIVITY
LEXINGTON, KENTUCKY
Activity/Petitioner
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 894, AFL-CIO
Labor Organization
Case No. 4-CU-41
DECISION AND ORDER CLARIFYING UNIT
UPON A PETITION DULY FILED 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:
THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 894, AFL-CIO
(THE UNION), IS CURRENTLY RECOGNIZED AS THE EXCLUSIVE BARGAINING
REPRESENTATIVE OF A UNIT OF APPROXIMATELY 715 EMPLOYEES OF THE
DEPARTMENT OF DEFENSE, DEPARTMENT OF THE ARMY, LEXINGTON-BLUE GRASS
DEPOT ACTIVITY (THE DEPOT). ON OCTOBER 1, 1980, A REORGANIZATION TOOK
PLACE WITHIN THE DEPARTMENT OF THE ARMY WHICH RESULTED IN THE
ADMINISTRATIVE TRANSFER OF TWO GROUPS OF EMPLOYEES, TOTALING
APPROXIMATELY 65 IN NUMBER, FROM THE DEPOT TO THE U.S. MISSILE COMMAND
(MICOM) AT REDSTONE ARSENAL, HUNTSVILLE, ALABAMA, SOME 300 MILES AWAY.
THE DEPOT FILED THE INSTANT PETITION, SEEKING TO CLARIFY THE UNIT STATUS
OF THE APPROXIMATELY 65 EMPLOYEES AFFECTED BY THE REORGANIZATION, AND
CONTENDING THAT THEY ARE NO LONGER PART OF THE UNION'S DEPOT-WIDE UNIT.
THE UNION CONTENDS THAT THE ADMINISTRATIVELY TRANSFERRED EMPLOYEES
SHOULD CONTINUE TO BE INCLUDED IN THE UNIT OF EXCLUSIVE RECOGNITION AT
THE DEPOT.
THE RECORD REVEALS THAT THE UNION'S DEPOT-WIDE UNIT INCLUDES A
COMPLEMENT OF EMPLOYEES KNOWN AS THE QUALITY ASSURANCE DIVISION. BEFORE
OCTOBER 1, 1980, THAT DIVISION INCLUDED, AMONG OTHERS, A NUCLEONICS
BRANCH AND A CALIBRATION BRANCH. ON OCTOBER 1, 1980, THE NUCLEONICS
BRANCH BECAME THE IONIZING RADIATION DOSIMETRY CENTER (IRDC), AND THE
CALIBRATION BRANCH BECAME THE AREA CALIBRATION REPAIR CENTER (ACRC).
IRDC AND ACRC BECAME ACTIVITIES SEPARATE FROM THE LEXINGTON-BLUE GRASS
DEPOT ACTIVITY, ADMINISTRATIVELY REPORTING DIRECTLY TO MICOM. THE DEPOT
REMAINED A PART OF THE DEPOT SYSTEMS COMMAND.
BEFORE THE REORGANIZATION, THE CHIEFS OF THE NUCLEONICS BRANCH AND
THE CALIBRATION BRANCH REPORTED DIRECTLY TO THE HEAD OF THE QUALITY
ASSURANCE DIVISION, WHO IN TURN REPORTED TO THE COMMANDER OF THE DEPOT.
INSOFAR AS THE RECORD SHOWS, ALL TERMS AND CONDITIONS OF EMPLOYMENT FOR
THE AFFECTED EMPLOYEES WERE ESTABLISHED BY THE DEPOT AND THE DEPOT
COMMAND TO WHICH IT REPORTS. THE EMPLOYEES' PAY EMANATED FROM THAT
COMMAND. THE PRIMARY AREAS OF CONSIDERATION FOR BOTH VACANCIES AND
REDUCTIONS-IN-FORCE WERE DEPOT-WIDE, INCLUDING THE EMPLOYEES IN THE
NUCLEONICS AND CALIBRATION BRANCHES.
AFTER THE REORGANIZATION TOOK PLACE, THE EMPLOYEES IN THE
NEWLY-CREATED IRDC AND ACRC CONTINUED TO PERFORM VIRTUALLY THE SAME
DUTIES, AND THEY REMAINED PHYSICALLY IN PLACE AT THE DEPOT. HOWEVER, AS
NOTED, THEY ARE NOW ADMINISTRATIVELY PART OF MICOM AND SUBJECT TO THAT
COMMAND. THEY ARE EMPLOYEES OF SEPARATE TENANT ACTIVITIES LOCATED AT
THE DEPOT, AND THEIR CHIEFS REPORT DIRECTLY TO, AND ARE SUPERVISED BY,
MICOM AUTHORITIES LOCATED AT REDSTONE ARSENAL. THE EMPLOYEES OF IRDC
AND ACRC ARE NOW PAID BY MICOM. THEY NO LONGER SHARE PRIMARY AREAS OF
CONSIDERATION WITH THE DEPOT EMPLOYEES FOR PURPOSES OF FILLING VACANCIES
OR IN REDUCTIONS-IN-FORCE, BUT RATHER SHARE SUCH AREAS OF CONSIDERATION
WITH EACH OTHER. THEY ARE NOW SUBJECT TO THE REGULATORY AUTHORITY OF
MICOM, AND TERMS AND CONDITIONS OF EMPLOYMENT ARE ESTABLISHED BY THAT
COMMAND. THROUGH A SERVICING AGREEMENT, THEY SHARE THE USE OF THE
DEPOT'S CIVILIAN PERSONNEL OFFICE WHICH ADMINISTERS THEIR PERSONNEL AND
LABOR RELATIONS MATTERS, BUT THE DEPOT HAS NO CONTROL OVER THOSE
MATTERS. THERE IS NO INDICATION IN THE RECORD OF INTERCHANGE BETWEEN
IRDC OR ACRC AND THE DEPOT, AND, AFTER THE REORGANIZATION, THERE IS NO
EVIDENCE OF TRANSFERS TO OR FROM THE DEPOT.
IN THESE CIRCUMSTANCES, THE AUTHORITY FINDS THAT THE EMPLOYEES OF
IRDC AND ACRC NO LONGER SHARE A COMMUNITY OF INTEREST WITH THE OTHER
DEPOT EMPLOYEES IN THE EXISTING UNIT REPRESENTED BY THE UNION. IN THIS
REGARD, IT IS NOTED PARTICULARLY THAT THE IRDC AND ACRC EMPLOYEES ARE
NOW PART OF A SEPARATE COMMAND, THEY ARE UNDER SEPARATE SUPERVISION AND
AUTHORITY, THEY DO NOT TRANSFER OR INTERCHANGE WITH DEPOT EMPLOYEES, AND
THEIR PERSONNEL POLICIES AND PRACTICES AND WORKING CONDITIONS ARE
CONTROLLED BY MICOM, EVEN THOUGH ADMINISTERED BY THE DEPOT'S CIVILIAN
PERSONNEL OFFICE. BASED ON THE FOREGOING, THE AUTHORITY FINDS THAT THE
IRDC AND ACRC EMPLOYEES CONSTITUTE A FUNCTIONALLY DISTINCT GROUP OF
EMPLOYEES WHO SHARE A COMMUNITY OF INTEREST SEPARATE AND DISTINCT FROM
THE EMPLOYEES IN THE EXISTING UNIT AND THAT THEIR CONTINUED INCLUSION IN
THE EXISTING UNIT WOULD NOT PROMOTE EFFECTIVE DEALINGS OR EFFICIENCY OF
AGENCY OPERATIONS. /1/ ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT THE
DEPOT-WIDE BARGAINING UNIT REPRESENTED BY THE UNION BE CLARIFIED TO
EXCLUDE THEREFROM THE IRDC AND ACRC EMPLOYEES. /2/
ORDER
IT IS HEREBY ORDERED THAT THE LEXINGTON-BLUE GRASS DEPOT ACTIVITY
UNIT CURRENTLY REPRESENTED BY AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 894, AFL-CIO, BE, AND IT HEREBY IS, CLARIFIED BY
EXCLUDING THEREFROM THE EMPLOYEES OF THE IONIZING RADIATION DOSIMETRY
CENTER (IRDC) AND THE AREA CALIBRATION REPAIR CENTER (ACRC), LOCATED AT
LEXINGTON, KENTUCKY.
ISSUED, WASHINGTON, D.C., MAY 20, 1982
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
/1/ DEPARTMENT OF THE NAVY, NAVY REGIONAL DATA AUTOMATION CENTER,
JACKSONVILLE, FLORIDA, 4 FLRA NO. 18(1980).
/2/ IN CONTENDING THAT THE IRDC AND ACRC EMPLOYEES SHOULD BE EXCLUDED
FROM THE UNIT OF ITS EMPLOYEES, THE DEPOT SUGGESTS THAT THEY SHOULD BE
ACCRETED TO THE UNIT OF EMPLOYEES AT REDSTONE ARSENAL IN HUNTSVILLE,
ALABAMA WHICH IS REPRESENTED BY AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1858, AFL-CIO (LOCAL 1858). NEITHER MICOM NOR LOCAL
1858, WAS A PARTY TO THIS PROCEEDING. MICOM TOOK NO POSITION WITH
RESPECT TO THE SUGGESTED ACCRETION; LOCAL 1858, HOWEVER, IN A LETTER TO
THE REGIONAL DIRECTOR, SPECIFICALLY DISAVOWED ANY INTEREST IN
REPRESENTING THE IRDC AND ACRC EMPLOYEES, NOTING THAT THE GEOGRAPHICAL
DISTANCE SEPARATING THEM FROM ITS EXISTING UNIT AT REDSTONE ARSENAL
WOULD RENDER IT IMPOSSIBLE TO PROVIDE ADEQUATE AND PROMPT
REPRESENTATION. IN THESE CIRCUMSTANCES THE AUTHORITY CONCLUDES THAT IT
WOULD BE INAPPROPRIATE TO RULE UPON WHETHER THE EMPLOYEES IN QUESTION
SHOULD BE ACCRETED TO THE UNIT AT REDSTONE ARSENAL, AS SUGGESTED BY THE
ACTIVITY/PETITIONER.