[ v10 p543 ]
10:0543(92)RO
The decision of the Authority follows:
10 FLRA No. 92
U.S. COAST GUARD AIR STATION CAPE COD
OTIS AIR FORCE BASE
POCASSET, MASSACHUSETTS /1/
Activity
and
NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES
Labor Organization/Petitioner
Case No. 1-RO-34
DECISION AND ORDER
UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
UNDER SECTION 7111 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.
THEY ARE HEREBY AFFIRMED.
UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
PARTIES' CONTENTIONS, THE AUTHORITY FINDS: THE NATIONAL ASSOCIATION OF
GOVERNMENT EMPLOYEES (NAGE) SEEKS TO REPRESENT A UNIT OF ALL
FIREFIGHTERS AND FIRE INSPECTORS EMPLOYED BY THE U.S. COAST GUARD AIR
STATION, CAPE COD, OTIS AIR FORCE BASE, POCASSET, MASSACHUSETTS. /2/
SINCE SEPTEMBER 1976, THESE EMPLOYEES /3/ HAVE BEEN PART OF A UNIT
REPRESENTED BY AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO,
LOCAL 1846 (AFGE). /4/ THE ACTIVITY CONTENDS THAT GRANTING THE PETITION
WOULD RESULT IN UNNECESSARY FRAGMENTATION OF AN APPROPRIATE UNIT.
IN INTERNATIONAL COMMUNICATIONS AGENCY, 5 FLRA NO. 19 (1981) THE
AUTHORITY STATED THAT WHEN DECIDING A QUESTION CONCERNING SEVERANCE,
SUCH AS THAT INVOLVED HEREIN, IT MUST APPLY THE THREE CRITERIA FOR
DETERMINING THE APPROPRIATENESS OF ANY UNIT SET FORTH IN SECTION
7112(A)(1) OF THE STATUTE. THUS. IN RESOLVING THE INSTANT CASE, THE
AUTHORITY MUST DETERMINE WHETHER THE UNIT SOUGHT BY NAGE WILL ENSURE A
CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST AMONG EMPLOYEES AND WILL
PROMOTE EFFECTIVE DEALINGS WITH, AND EFFICIENCY OF THE OPERATIONS OF,
THE ACTIVITY.
THE RECORD ESTABLISHES THAT THE ACTIVITY-WIDE UNIT CURRENTLY
REPRESENTED BY AFGE IS APPROPRIATE, AS ALL OF THE ACTIVITY'S EMPLOYEES
INCLUDING THE FIREFIGHTERS AND FIRE INSPECTORS SHARE A COMMUNITY OF
INTEREST AT THE ACTIVITY LEVEL AND THAT SUCH UNIT PROMOTES EFFECTIVE
DEALINGS AND EFFICIENCY OF AGENCY OPERATIONS. THUS, ALL OF THE
ACTIVITY'S EMPLOYEES SHARE A COMMON MISSION, ARE SUBJECT TO THE SAME
MERIT PROMOTION POLICIES AND COMPETITIVE AREAS, AND HAVE BEEN PART OF A
LONG-STANDING, ESTABLISHED BARGAINING UNIT. FURTHER, THERE IS NO
EVIDENCE TO DEMONSTRATE THAT FIREFIGHTERS AND FIRE INSPECTORS HAVE NOT
BEEN REPRESENTED FAIRLY OR THAT THEIR BARGAINING CONCERNS HAVE BEEN
OVERLOOKED BY AFGE. /5/ FINALLY, AND IN AGREEMENT WITH THE ACTIVITY, IT
IS CONCLUDED THAT EFFECTIVE DEALINGS AND EFFICIENCY OF OPERATIONS OF THE
ACTIVITY WILL PROMOTED BY AVOIDING UNNECESSARY FRAGMENTATION.
ACCORDINGLY THE AUTHORITY CONCLUDES THAT NAGE'S PETITION SEEKS AN
INAPPROPRIATE UNIT AND THEREFORE MUST BE DISMISSED. /6/
ORDER
IT IS HEREBY ORDERED THAT THE PETITION IN CASE NO. 1-RO-34 BE, AND IT
HEREBY IS, DISMISSED.
ISSUED, WASHINGTON, D.C., NOVEMBER 24, 1982
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
/1/ THE NAME OF THE ACTIVITY APPEARS AS AMENDED AT THE HEARING.
/2/ THE UNIT DESCRIPTION APPEARS AS AMENDED AT THE HEARING.
/3/ PRIOR TO SEPTEMBER 1976, FIRE FIGHTING RESPONSIBILITY FOR THE
ACTIVITY WAS HANDLED BY AIR NATIONAL GUARD FIREFIGHTERS, AND THE
ACTIVITY REIMBURSED THE DEPARTMENT OF DEFENSE FOR SUCH SERVICES. IN
1976, UPON NOTIFICATION THAT THE AIR NATIONAL GUARD WOULD BE UNABLE TO
CONTINUE PROVIDING SUCH SERVICES, THE ACTIVITY RECEIVED AUTHORIZATION TO
FILL EIGHT FIREFIGHTER POSITIONS.
/4/ AFGE WAS CERTIFIED ON DECEMBER 5, 1974, AS THE EXCLUSIVE
REPRESENTATIVE FOR A UNIT OF ALL COMBINED FEDERAL WAGE SYSTEMS EMPLOYEES
AND GENERAL SCHEDULE EMPLOYEES OF THE U.S. COAST GUARD HOUSING AND
SUPPORT SECTION, OTIS AIR FORCE BASE, MASSACHUSETTS.
/5/ AFGE AND THE ACTIVITY ENTERED INTO A COLLECTIVE BARGAINING
AGREEMENT WHICH WAS IN EFFECT FROM FEBRUARY 27, 1978, TO FEBRUARY 26,
1980, BUT HAD EXPIRED BY THE TIME OF THE HEARING.
/6/ SEE DEPARTMENT OF THE NAVY, NAVAL AIR STATION, MOFFETT FIELD,
CALIFORNIA, 8 FLRA NO. 3(1982).