Department of the Air Force, 6th Missile Warning Squadron, Otis Air Force Base, Massachusetts (Activity)  and American Federation of Government Employees, AFL-CIO (Petitioner) and National Association of Government Employees, Local R1-54 (Intervenor) 

 



[ v03 p112 ]
03:0112(17)RO
The decision of the Authority follows:


 3 FLRA No. 17
 
 DEPARTMENT OF THE AIR FORCE,
 6TH MISSILE WARNING SQUADRON
 OTIS AIR FORCE BASE, MASSACHUSETTS
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 Petitioner
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCAL R1-54
 Intervenor
 
                                            Case No. 1-RO-5
 
                    DECISION AND DIRECTION OF ELECTION
 
    UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
 UNDER SECTION 7111(B)(2) OF THE FEDERAL SERVICE LABOR-MANAGEMENT
 RELATIONS STATUTE, 5 U.S.C.  7101-7135, A HEARING WAS HELD BEFORE
 HEARING OFFICER ROBERT E. BAILEY ON JULY 25, 1979.  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 THE ENTIRE RECORD IN THIS CASE, INCLUDING A POST-HEARING BRIEF
 FILED BY THE INTERVENOR, THE AUTHORITY FINDS:
 
    THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES (AFGE) FILED THE
 PETITION HEREIN, SEEKING A DETERMINATION WHETHER THE EMPLOYEES OF THE
 6TH MISSILE WARNING SQUADRON CONSTITUTE A UNIT APPROPRIATE FOR EXCLUSIVE
 RECOGNITION.  THE INTERVENOR, THE NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES (NAGE), CONTENDS THAT THE EMPLOYEES IN THE UNIT SOUGHT BY THE
 AFGE HAVE ACCRETED TO AND ARE A PART OF THE NAGE'S EXCLUSIVELY
 RECOGNIZED UNIT OF AIR FORCE CIVILIAN EMPLOYEES AT OTIS AIR FORCE BASE,
 AND THAT ITS COLLECTIVE BARGAINING AGREEMENT WITH THE ACTIVITY IS A BAR
 TO THE PETITION FILED BY THE AFGE.  THE ACTIVITY, OTIS AIR FORCE BASE,
 AGREES WITH THE INTERVENOR'S POSITION IN THIS MATTER.
 
    SINCE FEBRUARY 18, 1965, THE NAGE HAS BEEN THE EXCLUSIVE
 REPRESENTATIVE OF A UNIT OF ALL AIR FORCE CIVILIAN EMPLOYEES AT OTIS AIR
 FORCE BASE WHICH INCLUDES A DETACHMENT OF EMPLOYEES STATIONED AT NORTH
 TRURO AIR FORCE STATION, NORTH TRURO, MASSACHUSETTS.  IN ADDITION TO THE
 NAGE'S OVERALL UNIT OF AIR FORCE EMPLOYEES, A UNIT OF GUARDS AND POLICE
 OFFICERS AT THE ACTIVITY IS REPRESENTED BY A LOCAL OF THE INTERNATIONAL
 BROTHERHOOD OF POLICE OFFICERS, A DIVISION OF NAGE, CERTIFIED ON JUNE 1,
 1976.  SINCE JUNE, 1977, THERE ALSO HAS BEEN A UNIT OF FIREFIGHTER
 PERSONNEL AT THE ACTIVITY REPRESENTED BY A LOCAL OF NAGE.  THE RECORD
 DOES NOT INDICATE WHETHER THE CIVILIAN EMPLOYEES AT THE ACTIVITY WHO ARE
 NOT EMPLOYED BY THE UNITED STATES AIR FORCE ARE REPRESENTED FOR THE
 PURPOSE OF COLLECTIVE BARGAINING.  THE COLLECTIVE BARGAINING AGREEMENT
 CURRENTLY IN EFFECT WAS EXECUTED ON DECEMBER 13, 1977, AND APPROVED ON
 JANUARY 25, 1978.
 
    OTIS AIR FORCE BASE IS A COMPLEX AMALGAMATION OF DIFFERENT AGENCIES
 AND UNITS LOCATED ON A 22,000 ACRE SITE AT CAPE COD, MASSACHUSETTS.  IN
 ADDITION TO THE AIR FORCE UNITS, THERE ARE A NUMBER OF OTHER TENANT
 ORGANIZATIONS AT OTIS WITH CIVILIAN EMPLOYEES, INCLUDING THE COAST
 GUARD, AN ARMY INSTALLATION, A MARINE CORPS BATTALION, AND AN OFFICE OF
 THE U.S.  DEPARTMENT OF AGRICULTURE.
 
    THE 6TH SQUADRON WAS ESTABLISHED IN AUGUST, 1977 AND WAS ORIGINALLY
 STAFFED WITH SIX EMPLOYEES, TWO OF WHOM HAD BEEN EMPLOYED AT OTHER UNITS
 OF THE ACTIVITY.  SINCE THAT TIME, IT HAS REACHED A FULL COMPLEMENT OF
 APPROXIMATELY 100 EMPLOYEES, 70 OF WHOM ARE IN THE UNIT SOUGHT.
 APPROXIMATELY 50 PERCENT OF THESE WERE NOT PREVIOUSLY EMPLOYED BY THE
 ACTIVITY.  THE 6TH SQUADRON IS LOCATED AT A SEPARATE, SECURED, FENCED-IN
 SITE ON OTIS, APPROXIMATELY 16 MILES FROM THE NEAREST OTHER AIR FORCE
 GROUP AND OVER 54 MILES FROM THE DETACHMENT STATIONED AT NORTH TRURO.
 ITS MISSION IS TO DISCOVER, IDENTIFY AND TRACK FOREIGN MISSILES OVER A
 SPECIFIC GEOGRAPHIC AREA.  IT DOES NOT APPEAR FROM THE RECORD THAT THE
 CREATION OF THE 6TH SQUADRON REPRESENTS A REORGANIZATION OF A PRIOR
 EXISTING FUNCTION.  ITS WORK IS NOT INTEGRATED WITH THAT OF ANY OF THE
 OTHER AIR FORCE DIVISIONS LOCATED AT OTIS AND NORTH TRURO, ALTHOUGH
 TOGETHER THESE GROUPS SHARE THE RESPONSIBILITIES OF THE AIR DEFENSE
 COMMAND WHOSE ROLE IS TO WARD OFF INTRUSIVE FORCES.
 
    THE WORK PERFORMED BY EMPLOYEES OF THE 6TH SQUADRON IS VARIED;
 ENGINEERS, RADAR MECHANICS, PLUMBERS, WAREHOUSEMEN, CRANE OPERATORS AND
 CLERICALS ARE AMONG THE EMPLOYEES ASSIGNED TO THE UNIT.  WITH THE
 EXCEPTION OF WAREHOUSEMEN, CRANE OPERATORS, AND CLERICALS, THE 6TH
 SQUADRON SHARES NO JOB CLASSIFICATIONS IN COMMON WITH OTHER AIR FORCE
 ORGANIZATIONS OF THE ACTIVITY.
 
    THERE IS NO BASE COMMANDER WITH OVERALL AUTHORITY AT OTIS.  RATHER,
 EACH OF THE ORGANIZATIONS AT OTIS, INCLUDING THE 6TH SQUADRON, HAS ITS
 OWN COMMANDER.  FURTHER, THERE IS NEITHER COMMON SUPERVISION NOR
 INTEGRATION OF WORK AMONG THE EMPLOYEES OF THE 6TH SQUADRON AND THE FOUR
 OTHER AIR FORCE UNITS WHICH COMPRISE THE INTERVENOR'S UNIT, AND
 EMPLOYEES OF THE 6TH SQUADRON HAVE NO REGULAR OR ROUTINE WORKING
 CONTRACTS WITH OTHER CIVILIAN AIR FORCE PERSONNEL AT OTIS.  WHILE THE
 ACTIVITY'S CENTRAL CIVILIAN PERSONNEL OFFICE (CPO) ADMINISTERS A
 BASE-WIDE PROGRAM WHICH INCLUDES HIRING, CAREER DEVELOPMENT, AND MERIT
 PROMOTION, AND A COOPERATIVE BASE-WIDE PROMOTION PLAN, PROMOTIONS IN THE
 6TH SQUADRON GENERALLY HAVE BEEN IN-HOUSE.  THE AREA OF CONSIDERATION
 FOR REDUCTIONS-IN-FORCE IS BASE-WIDE.  THE CPO ALSO MONITORS
 LABOR-MANAGEMENT RELATIONS, AND IS THE ACTIVITY'S AGENT FOR COLLECTIVE
 BARGAINING PURPOSES.
 
    IN VIEW OF THE FOREGOING, THE AUTHORITY FINDS THAT THE 6TH MISSILE
 SQUADRON CONSTITUTES AN APPROPRIATE UNIT FOR THE PURPOSE OF EXCLUSIVE
 RECOGNITION UNDER THE STATUTE.  THUS, IT IS LOCATED AT A SELF-CONTAINED,
 PHYSICALLY DISTINCT SITE, WITH ITS OWN COMMANDER, AND ITS EMPLOYEES
 PERFORM A WELL-DEFINED MISSION WHICH IS NOT INTEGRATED WITH OTHER UNITS
 OF THE ACTIVITY.  FURTHER, THE EMPLOYEES OF THE 6TH SQUADRON SHARE NO
 COMMON SUPERVISION, NO REGULAR WORKING CONTACTS, AND FEW COMMON JOB
 CLASSIFICATIONS WITH OTHER EMPLOYEES OF THE ACTIVITY, AND THERE IS NO
 TEMPORARY INTERCHANGE BETWEEN THE 6TH SQUADRON EMPLOYEES AND THE REST
 OF
 THE ACTIVITY.  THUS, THE RECORD DEMONSTRATES THAT EMPLOYEES OF THE 6TH
 SQUADRON SHARE A CLEAR, SEPARATE AND DISTINCT COMMUNITY OF INTEREST
 AMONG THEMSELVES.  FURTHER, NOTING THAT THE EMPLOYEES OF THE 6TH
 SQUADRON ARE SEPARATE AND DISTINCT GEOGRAPHICALLY, ORGANIZATIONALLY AND
 FUNCTIONALLY FROM ALL OTHER CIVILIAN EMPLOYEES AT OTIS, IT IS CONCLUDED
 THAT THE UNIT SOUGHT HEREIN WOULD PROMOTE EFFECTIVE DEALINGS AND
 EFFICIENCY OF OPERATIONS.  MOREOVER, THE RECORD DEMONSTRATES THAT THOSE
 FUNCTIONS OF THE CPO WHICH ARE COMMON TO ALL CIVILIAN EMPLOYEES OF THE
 ACTIVITY HAVE NOT PROVED TO BE INCONSISTENT WITH SUCH A CONCLUSION.
 
    THE INTERVENOR ALLEGED THAT THE UNIT IN QUESTION ACCRETED TO THE UNIT
 IT NOW REPRESENTS.  IN SUPPORT OF ITS ALLEGATION, THE NAGE CONTENDED
 THAT THE TWO UNITS SHARE A COMMUNITY OF INTEREST DEMONSTRATED BY COMMON
 PERSONNEL PROGRAMS AND POLICIES, PARTICIPATION IN A BASE-WIDE PROMOTION
 PLAN, AND GEOGRAPHIC LOCATION ON OTIS.  ADDITIONALLY, THE NAGE ARGUED
 THAT APPROXIMATELY 50% OF THESE EMPLOYEES WERE FORMER BASE EMPLOYEES
 WHO
 WERE PLACED IN 6TH SQUADRON POSITIONS ACCORDING TO THE TERMS OF THAT
 AGREEMENT.
 
    ALTHOUGH A SUBSTANTIAL NUMBER OF THE EMPLOYEES OF THE 6TH SQUADRON
 WERE FORMERLY EMPLOYED BY OTHER SEGMENTS OF THE ACTIVITY, IT DOES NOT
 APPEAR THAT THE TRANSFERS OCCURRED THROUGH AN ADMINISTRATIVE
 REORGANIZATION, BUT RATHER THAT THEY OCCURRED OVER A PERIOD OF TIME
 AFTER THE CREATION OF THE 6TH SQUADRON.  THUS, AS THE EMPLOYEES OF THE
 6TH SQUADRON SHARE A SEPARATE, DISTINCT AND IDENTIFIABLE COMMUNITY OF
 INTEREST, THE CIRCUMSTANCES HEREIN DO NOT JUSTIFY ACCRETING THEM TO AN
 EXISTING UNIT.
 
    BASED ON THE FOREGOING, THE AUTHORITY FINDS THE FOLLOWING UNIT
 APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION UNDER SECTION 7112
 OF THE STATUTE:
 
    ALL GS AND WAGE GRADE EMPLOYEES EMPLOYED BY THE U.S. AIR FORCE, 6TH
 MISSILE WARNING
 
    SQUADRON, AT OTIS AIR FORCE BASE, MASSACHUSETTS, EXCLUDING ALL
 PROFESSIONAL
 
    EMPLOYEES;  MANAGEMENT OFFICIALS;  SUPERVISORS;  AND EMPLOYEES
 DESCRIBED IN 5 U.S.C. 7112(B)(2),
 
    (3), (4), (6) AND (7).
 
    ALTHOUGH IT HAS BEEN DETERMINED THAT ACCRETION OF THESE EMPLOYEES TO
 THE INTERVENOR'S EXISTING UNIT WITHOUT AN ELECTION IS NOT JUSTIFIED,
 THAT UNIT WOULD REMAIN AN APPROPRIATE UNIT WITH THE ADDITION TO IT OF
 SUCH EMPLOYEES.  THUS, BOTH GROUPS SHARE IN COMMON THE PROGRAMS
 ADMINISTERED BY THE CIVILIAN PERSONNEL OFFICE, AS WELL AS SEVERAL JOB
 CLASSIFICATIONS.  FURTHER, IT IS NOTED THAT THE EXISTING UNIT ALREADY
 INCLUDES EMPLOYEES WHO ARE GEOGRAPHICALLY SEPARATED, WITH NO EVIDENCE
 THAT THIS HAS IMPAIRED EFFECTIVE DEALINGS, EFFICIENCY OF OPERATIONS, OR
 COMMUNITY OF INTEREST.  THEREFORE, THE EMPLOYEES SOUGHT WILL BE ASKED
 WHETHER THEY DESIRE TO BE REPRESENTED FOR THE PURPOSE OF EXCLUSIVE
 RECOGNITION BY THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, THE
 NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, /1/ OR BY NEITHER.  IF THE
 MAJORITY OF THE VOTES CAST IS FOR THE AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, THE EMPLOYEES WILL BE TAKEN TO HAVE INDICATED THEIR DESIRE TO
 BE REPRESENTED BY THAT LABOR ORGANIZATION IN A SEPARATE UNIT.  IF, ON
 THE OTHER HAND, A MAJORITY OF THE VOTES CAST IS FOR THE NATIONAL
 ASSOCIATION OF GOVERNMENT EMPLOYEES, THE EMPLOYEES WILL BE TAKEN TO HAVE
 INDICATED THEIR DESIRE TO BE REPRESENTED BY THE NATIONAL ASSOCIATION OF
 GOVERNMENT EMPLOYEES IN ITS EXISTING UNIT.  /2/ FOLLOWING THE ELECTION,
 AN APPROPRIATE CERTIFICATION WILL BE ISSUED BY THE REGIONAL DIRECTOR
 INDICATING WHETHER THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, THE
 NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, OR NEITHER LABOR
 ORGANIZATION WAS SELECTED.
 
                           DIRECTION OF ELECTION
 
    AN ELECTION BY SECRET BALLOT SHALL BE CONDUCTED AMONG THE EMPLOYEES
 IN THE UNIT FOUND APPROPRIATE AS SOON AS POSSIBLE BUT NOT LATER THAN 60
 DAYS FROM THE DATE BELOW.  THE APPROPRIATE REGIONAL DIRECTOR SHALL
 SUPERVISE THE ELECTION, SUBJECT TO THE AUTHORITY'S RULES AND
 REGULATIONS.  ELIGIBLE TO VOTE ARE THOSE IN THE UNIT WHO WERE EMPLOYED
 DURING THE PAYROLL PERIOD IMMEDIATELY PRECEDING THE DATE BELOW,
 INCLUDING EMPLOYEES WHO DID NOT WORK DURING THAT PERIOD BECAUSE THEY
 WERE OUT ILL, OR ON VACATION, OR ON FURLOUGH, INCLUDING THOSE IN THE
 MILITARY SERVICE WHO APPEAR IN PERSON AT THE POLLS.  INELIGIBLE TO VOTE
 ARE EMPLOYEES WHO QUIT OR WHO WERE DISCHARGED FOR CAUSE SINCE THE
 DESIGNATED PAYROLL PERIOD AND WHO HAVE NOT BEEN REHIRED OR REINSTATED
 BEFORE THE ELECTION DATE.  THOSE ELIGIBLE SHALL VOTE WHETHER THEY DESIRE
 TO BE REPRESENTED FOR THE PURPOSE OF EXCLUSIVE RECOGNITION BY THE
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, IN WHICH CASE THEY WILL
 CONSTITUTE A SEPARATE UNIT;  BY THE NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, INDICATING THEIR DESIRE TO BE REPRESENTED BY THAT LABOR
 ORGANIZATION IN ITS EXISTING UNIT OF AIR FORCE CIVILIAN EMPLOYEES AT
 OTIS AIR FORCE BASE;  OR BY NEITHER LABOR ORGANIZATION.
 
    ISSUED, WASHINGTON, D.C., APRIL 28, 1980
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
    /1/ THE NAGE HAS BEEN PLACED ON THE BALLOT IN THIS ELECTION IN
 ACCORDANCE WITH SECTION 7111(C)(2) AND (3) OF THE STATUTE WHICH
 PROVIDES:
 
    (C) A LABOR ORGANIZATION WHICH--
 
    (2) HAS SUBMITTED A VALID COPY OF A CURRENT OR RECENTLY EXPIRED
 COLLECTIVE BARGAINING
 
    AGREEMENT FOR THE UNIT;  OR
 
    (3) HAS SUBMITTED OTHER EVIDENCE THAT IT IS THE EXCLUSIVE
 REPRESENTATIVE OF THE EMPLOYEES
 
    INVOLVED;
 
    MAY INTERVENE WITH RESPECT TO A PETITION FILED PURSUANT TO SUBSECTION
 (B) OF THIS SECTION
 
    AND SHALL BE PLACED ON THE BALLOT OF ANY ELECTION UNDER SUCH
 SUBSECTION (B) WITH RESPECT TO
 
    THE PETITION.
 
    /2/ IN THE EVENT THAT THE INTERVENOR, THE NAGE, DOES NOT DESIRE TO
 PROCEED TO AN ELECTION IN THE UNIT FOUND APPROPRIATE, IT MAY REQUEST
 THAT THE REGIONAL DIRECTOR REMOVE ITS NAME FROM THE BALLOT.  THE REQUEST
 MUST BE IN WRITING AND MUST BE RECEIVED NO LATER THAN SEVEN DAYS BEFORE
 THE DATE OF THE ELECTION.  SUCH REQUEST IS SUBJECT TO THE APPROVAL OF
 THE REGIONAL DIRECTOR WHOSE DECISION IS FINAL.