[ v12 p306 ]
12:0306(67)CU
The decision of the Authority follows:
12 FLRA No. 67
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 2852d AIR BASE GROUP (AFCC)
MCCLELLAN AIR FORCE BASE, CALIFORNIA
Activity
and
NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R12-58
Labor Organization/Petitioner
Case No. 9-CU-25
DECISION AND ORDER
Upon a petition duly filed with 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 careful
consideration of the entire record, including the parties' contentions,
/1/ the Authority finds that: NAGE, in its petition, is seeking to
amend the description of its bargaining unit to all "eligible employees
in the Operations Branch of the Security Police Division * * * " so as
to have the unit include only uniformed police officers in the
Enforcement Section, Operations Branch, Security Police Division,
McClellan Air Force Base, California. Thus, in effect, NAGE is seeking
to sever from its current unit approximately eight employees in other
job classifications. /2/
NAGE has been the bargaining representative of the existing unit
since 1968, and various collective bargaining agreements have been
negotiated since 1973. All employees in the existing unit have
substantially the same working conditions and are subject to the same
supervision. Further, it appears clear that there exists a continuing
day-to-day contact and interplay between all these employees in the
fulfillment of their common mission, and no evidence was presented to
indicate a change in the Activity's operations since the unit was
established. However, NAGE contends that uniformed police officers do
not share a community of interest with the other employees since they
are for the most part lower graded and have different work schedules.
The Authority has stated that, in severance cases such as this, it
"is bound by the three criteria for determining the appropriateness of
any unit . . . ." /3/ In applying these three criteria to the
circumstances of this case, the Authority concludes that severance
should be denied since the unit currently represented by NAGE is
appropriate. Thus, all of the employees share a community of interest
and the unit promotes effective dealings and efficiency of agency
operations. /4/ In this regard, the Authority notes particularly that
all of the Operations Branch employees share a common integrated
mission, are subject to substantially identical working conditions and
benefits, share common supervision and have been part of a
long-standing, established bargaining unit. Further, there is no
evidence to demonstrate that there has been any change in the Operations
Branch since the establishment of the present NAGE unit which would
impact upon the appropriateness of the unit.
Accordingly, under the circumstances presented here, the Authority
concludes that NAGE's petition seeking a severance of certain employees
from the existing appropriate unit must be dismissed.
ORDER
IT IS HEREBY ORDERED that the petition in case 9-CU-25 be, and it
hereby is, dismissed. Issued, Washington, D.C., July 14, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
/1/ As the brief filed by the National Association of Government
Employees, Local R12-58 (NAGE) was untimely filed, it has not been
considered.
/2/ These other classifications are Criminal Investigator
(GS-1811-09), Clerical Assistance (GS-301-05), Tool and Parts Attendant
(WG-6904-06), Traffic Planner (GS-301-09) and Police Officer
(GS-083-09).
/3/ International Communication Agency, 5 FLRA No. 19 (1981).
Section 7112(a)(1) of the Statute provides:
Sec. 7112. Determination of appropriate units for labor
organization representation.
(a)(1) The Authority shall determine the appropriateness of any
unit. The Authority shall determine in each case whether, in
order to ensure employees the fullest freedom in exercising the
rights guaranteed under this chapter, the appropriate unit should
be established on an agency, plant, installation, functional, or
other basis and shall determine any unit to be an appropriate unit
only if the determination 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.
/4/ The Activity took no position in this case.