Defense Contract Administration, Services Region, St. Louis, Missouri (Activity/Petitioner) and American Federation of Government Employees, AFL-CIO (Labor Organization) and National Association of Government Employees, Local R14-56, Neosho, Missouri (Labor Organization/Intervenor)



[ v05 p281 ]
05:0281(37)CU
The decision of the Authority follows:


 5 FLRA No. 37
 
 DEFENSE CONTRACT ADMINISTRATION
 SERVICES REGION, ST. LOUIS, MISSOURI
 Activity/Petitioner
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO /1/
 Labor Organization
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES,
 LOCAL R14-56, NEOSHO, MISSOURI
 Labor Organization/Intervenor
 
                                            Case No. 7-CU-19
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    UPON A PETITION DULY FILED UNDER SECTION 7111(B)(2) OF THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, 5 U.S.C. 7101-7135 (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, INCLUDING BRIEFS FILED BY THE
 ACTIVITY/PETITIONER AND THE LABOR ORGANIZATION/INTERVENOR, THE AUTHORITY
 FINDS:
 
    THE DEFENSE CONTRACT ADMINISTRATION SERVICES REGION (DCASR), ST.
 LOUIS, MISSOURI, HEREIN CALLED THE ACTIVITY, FILED THE SUBJECT PETITION
 SEEKING A DETERMINATION BY THE AUTHORITY AS TO THE EFFECT OF A
 DISESTABLISHMENT OF THE DEFENSE CONTRACT ADMINISTRATION SERVICES
 MANAGEMENT AREA (DCASMA), KANSAS CITY, MISSOURI, ON THE EXCLUSIVELY
 RECOGNIZED BARGAINING UNITS WITH EMPLOYEES LOCATED AT WICHITA, KANSAS,
 /2/ AND NEOSHO/JOPLIN, MISSOURI.  /3/ THE ACTIVITY AND THE AFGE CONTEND
 THAT, AS A RESULT OF THE DISESTABLISHMENT OF THE DCASMA KANSAS CITY, THE
 UNIT REPRESENTED BY NAGE LOCAL R14-56 IS NO LONGER APPROPRIATE FOR THE
 PURPOSE OF EXCLUSIVE RECOGNITION UNDER THE STATUTE IN THAT EMPLOYEES
 CURRENTLY DUTY STATIONED AT NEOSHO/JOPLIN HAVE BY ACCRETION BECOME PART
 OF A CONSOLIDATED UNIT WHICH INCLUDES EMPLOYEES OF THE DCASMA WICHITA
 AND WHICH IS REPRESENTED BY THE AFGE.  IN ESSENCE, THE ACTIVITY TAKES
 THE POSITION THAT THE CONSOLIDATED UNIT REPRESENTED BY THE AFGE SHOULD
 BE CLARIFIED TO REFLECT CERTAIN CHANGES IN THE ACTIVITY'S ORGANIZATION
 RESULTING FROM THE DISESTABLISHMENT.  THUS, THE ACTIVITY ASSERTS THAT
 THE CONSOLIDATED UNIT REPRESENTED BY THE AFGE SHOULD INCLUDE ALL
 NON-SUPERVISORY, NON-PROFESSIONAL EMPLOYEES OF CERTAIN DEFENSE LOGISTICS
 AGENCY OFFICES, AS WELL AS EMPLOYEES ASSIGNED TO DCASMA WICHITA, AND
 CURRENTLY LOCATED AT NEOSHO AND JOPLIN, MISSOURI.  ON THE OTHER HAND,
 THE NAGE CONTENDS THAT AFTER THE DISESTABLISHMENT, ITS UNIT CONTINUES AS
 A VIABLE AND APPROPRIATE UNIT FOR THE PURPOSE OF EXCLUSIVE RECOGNITION
 UNDER THE STATUTE.
 
    THE ACTIVITY IS ONE OF NINE FIELD LEVEL REGIONS OF THE DEFENSE
 LOGISTICS AGENCY.  HEADQUARTERED IN ST. LOUIS, MISSOURI, IT PROVIDES
 CONTRACT ADMINISTRATION SERVICES IN SUPPORT OF THE DEPARTMENT OF DEFENSE
 AND OTHER FEDERAL AGENCIES AND IS HEADED BY A REGIONAL COMMANDER, WHO IS
 A MILITARY OFFICER.  REPORTING TO THE COMMANDER, AND LOCATED AT THE
 HEADQUARTERS, ARE SEVERAL OFFICES AND DIRECTORATES WHICH ARE RESPONSIBLE
 FOR PLANNING AND MONITORING ALL REGIONAL OPERATIONS.  THE OFFICES ARE
 CONCERNED PRIMARILY WITH MATTERS REGARDING PLANNING AND MANAGEMENT,
 COMMAND SUPPORT, CIVILIAN PERSONNEL ADMINISTRATION, AND LEGAL COUNSEL.
 THE DIRECTORATES OVERSEE MATTERS REGARDING SYSTEMS AND FINANCIAL
 MANAGEMENT, CONTRACT ADMINISTRATION, PRODUCTION, QUALITY ASSURANCE,
 INDUSTRIAL SECURITY, AND CONTRACTOR EMPLOYMENT COMPLIANCE.  IN ADDITION,
 THE ACTIVITY IS ORGANIZATIONALLY COMPOSED OF OPERATIONS OFFICES LOCATED
 THROUGHOUT THE GEOGRAPHIC AREA UNDER ITS JURISDICTION.  THESE OFFICES
 ARE RESPONSIBLE FOR THE ACHIEVEMENT OF THE ACTIVITY'S MISSION WITHIN THE
 GEOGRAPHIC AREA OF THEIR RESPECTIVE RESPONSIBILITIES.
 
    PRIOR TO THE REORGANIZATION, THE ACTIVITY WAS COMPOSED OF SEVEN
 DEFENSE CONTRACT ADMINISTRATION SERVICES MANAGEMENT AREAS (DCASMA),
 AMONG WHICH WERE WICHITA, KANSAS, AND KANSAS CITY, MISSOURI.  ATTACHED
 TO DCASMA KANSAS CITY WERE EMPLOYEES DUTY STATIONED AT FACILITIES
 LOCATED IN NEOSHO AND JOPLIN, MISSOURI, REPRESENTED BY NAGE LOCAL
 R14-56, THE ONLY PORTION OF THAT DCASMA REPRESENTED BY A UNION.  THE
 DCASMA WICHITA EMPLOYEES WERE REPRESENTED BY AFGE LOCAL 2936, WHICH
 LATER BECAME A PART OF THE CONSOLIDATED UNIT REPRESENTED BY THE NATIONAL
 AFGE.  THE NATIONWIDE CONSOLIDATED UNIT INCLUDES ALL NON-SUPERVISORY,
 NON-PROFESSIONAL EMPLOYEES OF CERTAIN DEFENSE LOGISTICS AGENCY OFFICES,
 INCLUDING THE DCASMA WICHITA OPERATION.
 
    AS A RESULT OF THE REORGANIZATION, DCASMA KANSAS CITY WAS
 DISESTABLISHED AND ITS EMPLOYEES WERE ASSIGNED TO DCASMAS ST. LOUIS,
 CEDAR RAPIDS, AND WICHITA.  THE NEOSHO/JOPLIN EMPLOYEES WERE ASSIGNED TO
 THE DCASMA WICHITA OPERATION.  THEREAFTER THE DCASMA KANSAS CITY CEASED
 TO CONSTITUTE A SEPARATE ORGANIZATIONAL COMPONENT OF THE ACTIVITY AND
 THOSE EMPLOYEES ASSIGNED TO DCASMA WICHITA BECAME ORGANIZATIONALLY AND
 OPERATIONALLY INTEGRATED INTO DCASMA WICHITA.
 
    THE MAJORITY OF THE NEOSHO/JOPLIN EMPLOYEES ARE ASSIGNED TO THE
 JOPLIN BRANCH OF THE QUALITY ASSURANCE DIVISION, ONE OF FOUR BRANCH
 OFFICES.  THE JOPLIN BRANCH CHIEF AND THE OTHER THREE BRANCH CHIEFS, WHO
 ARE LOCATED IN WICHITA, REPORT TO THE DIVISION CHIEF IN WICHITA.  THE
 OTHER NEOSHO/JOPLIN EMPLOYEES REPORT TO BRANCH CHIEFS OF OTHER
 DIVISIONS, WHO ARE ALSO LOCATED IN WICHITA.  RESPONSIBILITY FOR
 SELECTION OF EMPLOYEES FOR PROMOTION, APPOINTMENTS, DISCIPLINARY
 ACTIONS, ADVERSE ACTIONS, REVIEW OF WITHIN GRADE INCREASES AND
 RESPONSIBILITY FOR RATING AND REVIEWING PERFORMANCE APPRAISALS RESTS
 WITH THE MANAGERS AND THE COMMANDER AT WICHITA.  UNDER THE NEW
 ORGANIZATIONAL STRUCTURE, ALL NEOSHO/JOPLIN EMPLOYEES ARE SUBJECT TO THE
 SUPERVISION OF THE DCASMA WICHITA COMMANDER AND MAKE OPERATIONAL REPORTS
 TO THE ACTIVITY THROUGH THE DCASMA WICHITA ORGANIZATION.  THE RECORD
 FURTHER REVEALS THAT ALL EMPLOYEES OF DCASMA WICHITA, INCLUDING THOSE
 ASSIGNED TO NEOSHO/JOPLIN, ENJOY ESSENTIALLY SIMILAR JOB
 CLASSIFICATIONS, SKILLS AND DUTIES PURSUANT TO POLICIES AND PROCEDURES
 ESTABLISHED BY THE ACTIVITY, AND ENJOY UNIFORM PERSONNEL AND LABOR
 RELATIONS POLICIES AND PRACTICES ADMINISTERED BY THE ACTIVITY'S
 PERSONNEL OFFICE.
 
    IN THESE CIRCUMSTANCES, THE AUTHORITY FINDS PURSUANT TO THE
 REORGANIZATION THAT THE NEOSHO/JOPLIN EMPLOYEES WERE ORGANIZATIONALLY
 AND OPERATIONALLY INTEGRATED INTO DCASMA WICHITA AND THUS ACCRETED TO
 THE BARGAINING UNIT REPRESENTED EXCLUSIVELY BY AFGE, WHICH ENCOMPASSES
 THE EMPLOYEES AT DCASMA WICHITA.  THE AUTHORITY CONCLUDES THAT THE
 NEOSHO/JOPLIN EMPLOYEES DO NOT ENJOY A CLEAR AND IDENTIFIABLE COMMUNITY
 OF INTEREST SEPARATE AND DISTINCT FROM OTHER EMPLOYEES OF DCASMA WICHITA
 IN THAT SUBSEQUENT TO THE REORGANIZATION, ALL EMPLOYEES OF DCASMA
 WICHITA, INCLUDING THE EMPLOYEES AT NEOSHO/JOPLIN, ENJOY COMMON
 SUPERVISION, ESSENTIALLY SIMILAR WORKING CONDITIONS, AND ARE SUBJECT TO
 THE SAME PERSONNEL POLICIES AND PRACTICES, ADMINISTERED BY THE SAME
 PERSONNEL OFFICE.  FURTHER, FOR THESE REASONS, A UNIT LIMITED TO
 EMPLOYEES AT NEOSHO/JOPLIN WOULD NOT PROMOTE EFFECTIVE DEALINGS OR
 EFFICIENCY OF AGENCY OPERATIONS.
 
    ACCORDINGLY, THE AUTHORITY SHALL CLARIFY THE CONSOLIDATED UNIT
 REPRESENTED BY THE AFGE BY INCLUDING IN SUCH UNIT THE EMPLOYEES DUTY
 STATIONED AT NEOSHO/JOPLIN AND FORMERLY REPRESENTED BY NAGE LOCAL
 R14-56, AND BY CHANGING THE UNIT DESCRIPTION TO REFLECT THE
 ORGANIZATIONAL CHANGES RESULTING FROM THE REORGANIZATION.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE NON-PROFESSIONAL CONSOLIDATED UNIT FOR
 WHICH THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO WAS
 CERTIFIED ON MAY 9, 1979, IN CASE NO. 22-09044(UC), BE, AND IT HEREBY
 IS, CLARIFIED BY INCLUDING THE EMPLOYEES OF DEFENSE CONTRACT
 ADMINISTRATION SERVICES MANAGEMENT AREA, WICHITA, KANSAS, DUTY STATIONED
 AT NEOSHO AND JOPLIN, MISSOURI.
 
    ISSUED, WASHINGTON, D.C., MARCH 9, 1981
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS