Department of Defense, U.S. Army, Corps of Engineers (Agency) and National Federation of Federal Employees (Petitioner)



[ v05 p677 ]
05:0677(91)UC
The decision of the Authority follows:


 5 FLRA No. 91
 
 DEPARTMENT OF DEFENSE,
 U.S. ARMY, CORPS OF ENGINEERS
 Agency
 
 and
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES
 Petitioner
 
                                            Case No. 3-UC-7
 
                            DECISION AND ORDER
 
    UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
 UNDER SECTION 7112(D) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 STATUTE, 5 U.S.C.  7101-7135, 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.  THE RULINGS ARE HEREBY AFFIRMED.
 
    UPON THE ENTIRE RECORD IN THIS CASE, INCLUDING BRIEFS FILED BY BOTH
 PARTIES, THE AUTHORITY FINDS:
 
    NATIONAL FEDERATION OF FEDERAL EMPLOYEES (PETITIONER) FILED THE
 INSTANT PETITION SEEKING TO CONSOLIDATE THE 37 UNITS WITHIN THE
 DEPARTMENT OF DEFENSE, U.S. ARMY, CORPS OF ENGINEERS (AGENCY) FOR WHICH
 IT IS THE EXCLUSIVE REPRESENTATIVE.
 
    THE AGENCY CONTENDS THAT THE PROPOSED CONSOLIDATION, WHICH WOULD
 AFFECT 27 LOCATIONS THROUGHOUT THE AGENCY'S ADMINISTRATIVE FRAMEWORK, IS
 NOT APPROPRIATE FOR THE PURPOSES OF EXCLUSIVE RECOGNITION BECAUSE THE
 RESULTING UNIT DOES NOT MEET THE CRITERIA FOR APPROPRIATENESS SET FORTH
 IN SECTION 7112(A)(1) OF THE STATUTE.  /1/ SPECIFICALLY, THE AGENCY
 CONTENDS IN THIS REGARD, THAT THE EMPLOYEES SOUGHT DO NOT SHARE A
 COMMUNITY OF INTEREST WITH ONE ANOTHER IN THAT THEY HAVE WIDELY
 DIFFERENT TERMS AND CONDITIONS OF EMPLOYMENT, SEPARATE SUPERVISION,
 LITTLE OR NO INTERCHANGE, WIDELY DIFFERENT JOB CLASSIFICATIONS AND
 PERFORM DIFFERENT MISSIONS DEPENDING ON LOCATION.  THE AGENCY ALSO
 CONTENDS THAT THE UNIT SOUGHT WOULD NOT PROMOTE EFFECTIVE DEALINGS OR
 EFFICIENCY OF AGENCY OPERATIONS BECAUSE PERSONNEL AND LABOR RELATIONS
 AUTHORITY HAS BEEN DELEGATED TO THE LOCAL LEVEL, WHERE PETITIONER'S 37
 CURRENT UNITS NOW EXIST, AS PART OF AN OVERALL AGENCY DELEGATION OF
 AUTHORITY TO THAT LEVEL.  IT CONTENDS THAT THOSE DELEGATIONS HAVE BEEN
 EFFECTUATED TO SUCH A DEGREE, THAT EFFECTIVE DEALINGS HAVE OCCURRED, AND
 CAN ONLY CONTINUE TO OCCUR, AT THAT LEVEL, AND THAT EFFICIENCY OF AGENCY
 OPERATIONS WOULD BE IMPAIRED BY SHIFTING NEGOTIATIONS TO A LEVEL REMOVED
 FROM REAL LOCAL AUTHORITY.
 
    THE PETITIONER CONTENDS THAT THE UNIQUE MISSION AND NATURE OF THE
 AGENCY CREATES AN AGENCY-WIDE COMMUNITY OF INTEREST, AND THAT THE
 VARIOUS MISSIONS OF THE AGENCY ARE SHARED BY MOST OF THE LOCATIONS
 WHEREIN CONSOLIDATION WOULD ENSUE FROM THIS PETITION.  THE PETITIONER
 FURTHER CONTENDS THAT IF LACK OF HOMOGENEITY EXISTS IN THE UNIT SOUGHT,
 SUCH LACK OF HOMOGENEITY ALREADY EXISTS WITHIN MANY OF THE 37 EXISTING
 UNITS. AS TO THE EFFECTIVENESS OF DEALINGS AND THE EFFICIENCY OF THE
 AGENCY'S OPERATIONS, THE PETITIONER CONTENDS THAT A SIGNIFICANT DEGREE
 OF CENTRALIZED LABOR RELATIONS AUTHORITY NOW EXISTS, AND IT FURTHER
 CONTENDS THAT, SINCE AGENCY-WIDE ISSUES COULD BE NEGOTIATED NATIONALLY
 AND LOCAL ISSUES LOCALLY, IF THE UNIT SOUGHT HEREIN WERE FOUND
 APPROPRIATE, NO VIOLENCE WOULD BE DONE TO THE AGENCY'S DELEGATIONS OF
 AUTHORITY TO THE LOCAL LEVEL.
 
    BACKGROUND AND FACTS.
 
    THE AGENCY IS A MAJOR COMMAND OF THE UNITED STATES ARMY RESPONSIBLE
 FOR THE MANAGEMENT OF THE ENGINEERING ACTIVITIES OF THE ARMY.  THE 10
 SPECIFIC MISSIONS OF THE AGENCY ARE AS FOLLOWS:  (1) RESEARCH AND
 DEVELOPMENT;  (2) NAVIGATION-- WHICH INCLUDES PLANNING AND DEVELOPING OF
 RIVERS, HARBORS, AND WATERWAYS FOR NAVIGATION, AND ADMINISTERING LAWS
 FOR THE PROTECTION OF NAVIGABLE WATERS;  (3) FLOOD CONTROL-- INCLUDING
 PLANNING, DESIGNING, CONSTRUCTING, OPERATING AND MAINTAINING FLOOD
 CONTROL PROJECTS;  (4) ENGINEERING-- FOR CIVIL WORKS AND MILITARY
 CONSTRUCTION PROJECTS;  (5) DREDGING-- TO MAINTAIN AND IMPROVE NAVIGABLE
 WATERS;  (6) POWER PLANT-- PLANNING, DESIGNING, CONSTRUCTING, OPERATING
 AND MAINTAINING PROJECTS FOR THE GENERATION OF HYDRO-ELECTRIC POWER;
 (7) REAL ESTATE-- ACQUIRING, MANAGING AND DISPOSING OF REAL ESTATE FOR
 THE ARMY, AIR FORCE, NATIONAL PARK SERVICE, U.S. POSTAL SERVICE AND
 OTHER GOVERNMENT AGENCIES AS REQUESTED;  (8) MILITARY CONSTRUCTION--
 DIRECTING THE DEVELOPMENT AND EXECUTION OF MILITARY DESIGN AND
 CONSTRUCTION FOR MUCH OF THE DEPARTMENT OF DEFENSE, AND PROVIDING
 CONSTRUCTION AND ENGINEERING SUPPORT SERVICES FOR CIVIL DEFENSE;  (9)
 CIVIL WORK CONSTRUCTION-- INCLUDING WATER RESOURCES PROJECTS FOR
 NAVIGATION, FLOOD CONTROL, HYDRO-ELECTRIC POWER, RECREATION, FISH AND
 WILDLIFE AND SHORE PROTECTION;  AND (10) COMPUTER OPERATIONS--
 SUPPORTING THE OTHER AGENCY MISSIONS.
 
    THE CORPS OF ENGINEERS IS HEADED BY THE CHIEF OF ENGINEERS IN
 WASHINGTON, /2/ AND ALL AUTHORITY WITHIN THE AGENCY IS EITHER VESTED IN
 HIM OR DELEGATED BY HIM.  REPORTING DIRECTLY TO THE CHIEF OF ENGINEERS
 ARE TEN FIELD ACTIVITIES.  THESE ARE SPECIALIZED SUB-DIVISIONS OF THE
 AGENCY WITH LIMITED AREAS OF FUNCTION AND SPECIAL RESEARCH AND
 DEVELOPMENT RESPONSIBILITIES.  FOR EXAMPLE, THE CONSTRUCTION ENGINEERING
 RESEARCH LABORATORY (CERL) IN CHAMPAIGN, ILLINOIS, PERFORMS RESEARCH AND
 ENGINEERING STUDIES FOR DETERMINING OPTIMUM COMBINATIONS OF ENGINEERING,
 DESIGN AND CONSTRUCTION IN PROVIDING REQUIRED FACILITIES FOR MILITARY
 ESTABLISHMENTS AND OTHER AGENCIES.  THE COLD REGIONS RESEARCH AND
 ENGINEERING LABORATORY (CRREL) IN HANOVER, NEW HAMPSHIRE, PERFORMS
 RESEARCH AND ENGINEERING STUDIES APPLICABLE TO THE ARMY'S NEEDS IN COLD
 WEATHER AREAS. THUS, THE TEN FIELD ACTIVITIES DIVIDE CERTAIN WORK OF THE
 AGENCY ON A FUNCTIONAL BASIS.
 
    THE DAY-TO-DAY PERFORMANCE OF THE MISSIONS OF THE AGENCY IS CARRIED
 OUT BY 14 DIVISIONS WHICH, LIKE THE FIELD ACTIVITIES NOTED ABOVE, REPORT
 DIRECTLY TO THE CHIEF OF ENGINEERS.  THE DIVISIONS ARE EACH RESPONSIBLE
 FOR SEVERAL, BUT NOT ALL, OF THE AGENCY'S 10 MISSIONS.  EACH DIVISION
 ADMINISTERS THE WORK OF THE AGENCY IN A SEPARATE GEOGRAPHICAL AREA, AND
 PERFORMS THOSE MISSIONS RELEVANT TO ITS AREA.  ELEVEN OF THE 14
 DIVISIONS, EXCLUDING EUROPEAN, HUNTSVILLE AND NEW ENGLAND, HAVE FROM TWO
 TO FIVE SUBORDINATE DISTRICT OFFICES REPORTING TO THEM.  THERE ARE A
 TOTAL OF 42 SUCH DISTRICT OFFICES WITHIN THE AGENCY.  EACH DIVISION IS
 COMMANDED BY A DIVISION ENGINEER.  THE 42 DISTRICTS ARE DIRECTLY
 SUBORDINATE TO THEIR RESPECTIVE DIVISIONS, AND EACH IS COMMANDED BY A
 DISTRICT ENGINEER WHO REPORTS TO THE APPROPRIATE DIVISION ENGINEER.
 
    THE RECORD REVEALS THAT THE AGENCY HAS FOLLOWED A PATTERN OF
 EXTENSIVE DELEGATION OF AUTHORITY TO THE LOCAL OPERATING LEVEL WITH
 REGARD TO PERSONNEL AND LABOR RELATIONS MATTERS.  DIVISION ENGINEERS AND
 DISTRICT ENGINEERS POSSESS THE AUTHORITY TO HIRE, ASSIGN, TRAIN,
 TRANSFER, AWARD, PROMOTE, DISCIPLINE AND DISCHARGE EMPLOYEES.  THEY MAY
 NEGOTIATE LOCAL COLLECTIVE BARGAINING AGREEMENTS, DEAL WITH LABOR
 ORGANIZATIONS ON A DAY-TO-DAY BASIS, RESOLVE GRIEVANCES AND APPROVE
 CONTRACTS.  THEY MAY ALSO PROMULGATE REGULATIONS CONCERNING
 EMPLOYEE-MANAGEMENT RELATIONS.
 
    THE PETITIONER CURRENTLY REPRESENTS EMPLOYEES IN 2 OF THE 10 FIELD
 ACTIVITIES, 4 OF THE 14 DIVISION OFFICES AND 21 OF THE 42 DISTRICT
 OFFICES. SINCE IT REPRESENTS MORE THAN ONE UNIT AT SEVERAL LOCATIONS,
 ITS 37 UNITS EXIST AT ONLY 27 LOCATIONS.  ALL OF ITS UNITS ARE LOCATED
 WITHIN THE UNITED STATES, HOWEVER THEY ARE AS DISTANT GEOGRAPHICALLY AS
 HANOVER, NEW HAMPSHIRE IS FROM LOS ANGELES, AND SEATTLE, WASHINGTON IS
 FROM JACKSONVILLE, FLORIDA.  THE PETITIONER REPRESENTS NO EMPLOYEES IN
 THE EUROPEAN, MEDITERRANEAN, PACIFIC OR HUNTSVILLE DIVISIONS.  IN THE
 REMAINING 10 DIVISIONS, PETITIONER REPRESENTS UNITS WITHIN EACH, BUT
 DOES NOT REPRESENT EMPLOYEES IN ANY DIVISION IN ITS ENTIRETY.  FOR
 EXAMPLE, IN THE LOWER MISSISSIPPI VALLEY DIVISION, IT REPRESENTS A UNIT
 AT THE DIVISIONAL LEVEL AND UNITS AT THE MEMPHIS, NEW ORLEANS AND ST.
 LOUIS DISTRICTS, BUT NOT AT THE VICKSBURG DISTRICT.  IN THE NEW ENGLAND
 DIVISION, WHICH HAS NO SUBORDINATE DISTRICTS, THE PETITIONER REPRESENTS
 A UNIT WHICH IS LESS THAN DIVISION WIDE.  THE TWO FIELD ACTIVITIES WHERE
 UNITS REPRESENTED BY THE PETITIONER ARE LOCATED, ARE THE AFOREMENTIONED
 CERL AT CHAMPAIGN, ILLINOIS AND CRREL AT HANOVER, NEW HAMPSHIRE.
 
    THE RECORD REVEALS THAT THE AGENCY EMPLOYS A TOTAL COMPLEMENT OF
 42,426 EMPLOYEES, /3/ OF WHOM 20,300 ARE REPRESENTED BY 9 LABOR
 ORGANIZATIONS IN 113 UNITS. THE PETITIONER ALONE REPRESENTS 11,465
 EMPLOYEES IN ITS 37 UNITS.  THERE IS LITTLE OR NO INTERCHANGE AMONG THE
 GEOGRAPHICALLY WIDELY DISPERSED UNITS.  THEY VARY GREATLY IN SIZE,
 RANGING FROM A SINGLE UNIT OF 1,222 EMPLOYEES IN MOBILE, ALABAMA TO
 UNITS OF 6 EMPLOYEES IN ST. LOUIS AND 7 IN JACKSONVILLE, FLORIDA.  SIX
 OF THE 37 UNITS IN QUESTION ARE LIMITED TO GENERAL SCHEDULE (GS)
 NON-PROFESSIONALS ONLY, WHILE FOUR INCLUDE ONLY GS PROFESSIONALS.  FOUR
 UNITS CONTAIN ONLY WAGE GRADE (WG) EMPLOYEES, AND THE REMAINING 23 ARE
 COMPOSED OF SOME COMBINATION OF THOSE THREE CATEGORIES OF EMPLOYEES.
 OVER HALF OF THE 1,286 PROFESSIONAL EMPLOYEES WHO WOULD BE INCLUDED IN
 THE PROPOSED UNIT, ARE CURRENTLY REPRESENTED SEPARATE AND APART FROM ANY
 OTHER EMPLOYEES.
 
    PETITIONER'S 37 UNITS CONTAIN SOME 248 DIFFERENT JOB CLASSIFICATIONS.
  NONE OF THE CLASSIFICATIONS ARE FOUND IN ALL 37 UNITS.  SERIES 318
 SECRETARIES IS THE MOST COMMONLY FOUND CLASSIFICATION, AND IT EXISTS IN
 26 OF THE PETITIONED FOR UNITS.  ON THE OTHER HAND OVER ONE FOURTH OF
 ALL THE JOB CLASSIFICATIONS (68) ARE FOUND IN ONLY ONE UNIT EACH, AND
 OVER ONE HALF OF ALL JOB CLASSIFICATIONS (149 OF 248) ARE FOUND IN 5 OR
 LESS UNITS.  FURTHERMORE, JOB SERIES 600 (NURSES AID) IS FOUND ONLY IN
 THE LOUISVILLE UNIT, THE 1900 JOB SERIES (QUALITY ASSURANCE) IS FOUND
 ONLY IN PORTLAND, OREGON, AND THE 3600 JOB SERIES (CEMENT AND MASONRY
 WORKERS) EXIST ONLY IN THE UNIT AT MOBILE, ALABAMA, AND THOSE EMPLOYEES
 HAVE NO COUNTERPARTS IN SUCH CLASSIFICATIONS IN ANY OF THE OTHER UNITS
 SOUGHT HEREIN.
 
    AS NOTED ABOVE, THE AGENCY PERFORMS 10 DISTINCT MISSIONS.  ONLY ONE,
 COMPUTER OPERATIONS, IS PERFORMED AT ALL 27 LOCATIONS AT WHICH
 PETITIONER HAS UNITS OF RECOGNITION.  CIVIL WORK CONSTRUCTION,
 ENGINEERING, FLOOD CONTROL, REAL ESTATE AND NAVIGATION ARE PERFORMED AT
 MOST OF THE LOCATIONS, BUT DREDGING IS PERFORMED AT ONLY 11 OF THE 27
 LOCATIONS, POWER PLANT AT 9, AND MILITARY CONSTRUCTION AT 8.  RESEARCH
 AND DEVELOPMENT IS PERFORMED AT ONLY THE TWO FIELD ACTIVITY LOCATIONS.
 
    IN DEPARTMENT OF TRANSPORTATION, 5 FLRA NO. 89, THE AUTHORITY NOTED
 THAT SECTION 7112(A)(1) REQUIRES THAT ANY UNIT FOUND APPROPRIATE MUST
 CONFORM TO THE THREE CRITERIA ESTABLISHED BY THAT SECTION-- A CLEAR AND
 IDENTIFIABLE COMMUNITY OF INTEREST AMONG THE EMPLOYEES IN THE UNIT, AND
 THE PROMOTION OF EFFECTIVE DEALINGS WITH, AND THE EFFICIENCY OF THE
 OPERATIONS OF, THE AGENCY INVOLVED.  THE AUTHORITY FURTHER NOTED THAT
 SECTION 7112(D), WHICH PROVIDES FOR THE CONSOLIDATION OF EXISTING UNITS
 INTO A SINGLE MORE COMPREHENSIVE UNIT, REQUIRES THAT SUCH CONSOLIDATED
 UNITS MUST MEET THE SAME THREE CRITERIA SET FORTH IN SECTION 7112(A)(1)
 AS ARE REQUIRED OF ANY UNIT FOUND APPROPRIATE.
 
    THE AUTHORITY WILL FIRST CONSIDER WHETHER THE EMPLOYEES IN THE UNIT
 SOUGHT SHARE A CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST.  THE RECORD
 REVEALS THAT THE PROPOSED UNIT, WOULD BE LIMITED TO SOME EMPLOYEES AT
 ONLY 2 OF THE AGENCY'S 10 FIELD ACTIVITIES, AND ONLY 4 OF THE AGENCY'S
 14 DIVISION OFFICES.  WHILE THE PROPOSED UNIT WOULD INCLUDE EMPLOYEES AT
 21 OF THE 42 DISTRICT LOCATIONS, ONLY ONE OF THESE LOCATIONS IS
 REPRESENTED IN A DISTRICT-WIDE UNIT.  FURTHERMORE, NOT ONLY WOULD 8 OUT
 OF 10 FIELD ACTIVITIES BE TOTALLY OUTSIDE THE SCOPE OF THE PROPOSED
 UNIT, BUT ALSO 4 DIVISIONS WOULD BE TOTALLY UNREPRESENTED IN THE
 PETITIONED FOR UNIT SINCE THE PETITIONER REPRESENTS NO EMPLOYEES, AT
 DIVISION OR DISTRICT LEVEL, IN THE MEDITERRANEAN DIVISION, THE EUROPEAN
 DIVISION, THE HUNTSVILLE DIVISION, OR THE PACIFIC OCEAN DIVISION.  THUS,
 THE UNIT SOUGHT WOULD BE LIMITED TO EMPLOYEES IN ONLY 27 OF 66 AGENCY
 LOCATIONS.  MOREOVER, AT ONLY ONE OF THE 27 LOCATIONS WHERE EMPLOYEES
 WOULD BE INCLUDED, IS THERE A UNIT WHICH IS LOCATION-WIDE IN NATURE.
 ACCORDINGLY, THE EMPLOYEES SOUGHT ARE NOT SUFFICIENTLY WELL DISTRIBUTED
 THROUGHOUT THE ADMINISTRATIVE AND GEOGRAPHIC STRUCTURE OF THE AGENCY SO
 AS TO CONSTITUTE A MEANINGFUL CONSOLIDATED UNIT OF ALL THE AGENCY
 EMPLOYEES REPRESENTED BY THE PETITIONER.
 
    WITH RESPECT TO THE AGENCY'S 10 MISSIONS, THE RECORD DOES NOT REVEAL
 A BASIS FOR FINDING A COMMUNITY OF INTEREST WITHIN THE UNIT SOUGHT.
 ONLY ONE MISSION IS PERFORMED AT ALL 27 LOCATIONS, AND 4 ARE PERFORMED
 AT 11 LOCATIONS OR LESS.  LIKEWISE, THERE IS NO COMMONALITY SHOWN WITH
 REGARD TO JOB CLASSIFICATIONS.  NO CLASSIFICATION IS COMMON TO ALL UNITS
 SOUGHT, WHILE HALF ARE FOUND IN 5 OR LESS OF THE 37 UNITS, AND 68 JOB
 CLASSIFICATIONS (ONE OUT OF FOUR) ARE FOUND IN ONLY ONE UNIT.  WORKING
 CONDITIONS WITHIN THE UNIT SOUGHT VARY SIGNIFICANTLY ON THE BASIS OF
 GEOGRAPHY, CLIMATIC CONDITIONS AND JOB CLASSIFICATIONS.  MOREOVER, IN
 THIS REGARD, THE RECORD REVEALS THAT INTERCHANGE AMONG THE VARIOUS UNITS
 SOUGHT IS MINIMAL.  THUS, THE RECORD SHOWS THAT, ON BALANCE, THE
 EMPLOYEE IN THE 37 UNITS WHICH WOULD BE CONSOLIDATED HEREIN DO NOT SHARE
 A COMMON MISSION, FUNCTION, GEOGRAPHIC RELATIONSHIP, OR TERMS AND
 CONDITIONS OF EMPLOYMENT.  ON THE CONTRARY, THE MIX OF MISSIONS
 PERFORMED AT EACH LOCATION APPEARS TO RELATE TO THE GEOGRAPHIC LOCATION
 OF EACH FACILITY RATHER THAN TO ANY COMMON THREAD OF INTEREST RUNNING
 THROUGH THE UNIT SOUGHT.  THE JOB CLASSIFICATIONS AND THE TERMS AND
 CONDITIONS OF EMPLOYMENT AT EACH LOCATION ALSO RELATE TO THE SPECIFIC
 AND UNIQUE LOCAL FUNCTIONS.  FINALLY, THE RECORD REVEALS THAT THE
 SIGNIFICANT DEGREE OF DELEGATION OF AUTHORITY TO FIELD ACTIVITIES,
 DIVISIONS AND DISTRICTS HAS RESULTED IN SEPARATE SUPERVISION AT EACH
 LOCATION LEVEL AND EFFECTIVE CONTROL OVER THOSE DECISIONS WHICH CONCERN
 MATTERS OF PRIMARY CONCERN TO EMPLOYEES.  AS NOTED PREVIOUSLY, LOCAL
 SUPERVISORS POSSESS THE AUTHORITY TO HIRE, ASSIGN, TRAIN, TRANSFER,
 AWARD, PROMOTE, DISCIPLINE AND DISCHARGE EMPLOYEES.  THEY NEGOTIATE
 LOCAL COLLECTIVE BARGAINING AGREEMENTS, DEAL WITH LABOR ORGANIZATIONS ON
 A DAY-TO-DAY BASIS, RESOLVE GRIEVANCES AND APPROVE CONTRACTS.  THEY ALSO
 PROMULGATE REGULATIONS CONCERNING EMPLOYEE-MANAGEMENT RELATIONS.  IN THE
 AUTHORITY'S VIEW SUCH LOCAL CONTROL OVER PERSONNEL, LABOR RELATIONS,
 AND, INDEED, ALL SUCH TERMS AND CONDITIONS OF EMPLOYMENT, MILITATES
 AGAINST A CONCLUSION OF COMMONALITY AMONG THE EMPLOYEES SOUGHT BY THE
 INSTANT PETITION.  BASED ON THE FOREGOING, THE AUTHORITY CONCLUDES THAT
 THE EMPLOYEES IN THE PETITIONED FOR UNIT DO NOT SHARE A CLEAR AND
 IDENTIFIABLE COMMUNITY OF INTEREST.
 
    IN THE AUTHORITY'S VIEW, IT WOULD NOT PROMOTE EFFECTIVE DEALINGS IN
 THE INSTANT CASE TO REQUIRE AGENCY-WIDE NEGOTIATIONS FOR A UNIT WHOLLY
 UNREPRESENTED IN 8 OF THE 10 FIELD ACTIVITIES, 4 OF 14 DIVISION OFFICES,
 AND HALF OF 42 DISTRICTS, AND THUS NOT REFLECTIVE OF THE AGENCY'S
 ORGANIZATIONAL STRUCTURE.  MOREOVER, AS NOTED, EFFECTIVE SUPERVISION,
 PERSONNEL AUTHORITY AND CONTROL OF LABOR RELATIONS HAVE BEEN DELEGATED
 TO THE FIELD ACTIVITIES, DIVISIONS AND DISTRICTS AT THE LOCAL LEVEL.
 MANAGEMENT AND RELEVANT DECISION MAKING EXISTS AT THAT LEVEL AND IT HAS
 RESULTED IN EFFECTIVE BARGAINING RELATIONSHIPS, NOT ONLY WITH THE
 PETITIONER, BUT WITH OTHER LABOR ORGANIZATIONS AS WELL.  THE COLLECTIVE
 BARGAINING AGREEMENTS BETWEEN THE LOCAL SEGMENTS OF THE AGENCY AND THE
 PETITIONER'S VARIOUS LOCALS, AS SET FORTH IN THE RECORD, REVEAL THE
 LOCAL DIVERSITY OF MATTERS OF CONCERN AT THE DIFFERENT LOCATIONS.  THUS,
 THE AUTHORITY CONCLUDES THAT EFFECTIVE DEALINGS WITH THE AGENCY, AND THE
 EFFICIENCY OF AGENCY OPERATIONS, WOULD NOT BE PROMOTED BY THE PROPOSED
 UNIT.
 
    THE FACTS OF THIS CASE REFLECT SIGNIFICANT DIFFERENCES FROM THOSE IN
 ARMY AND AIR FORCE EXCHANGE SERVICE, DALLAS, TEXAS (AAFES), 5 FLRA NO.
 90, DECIDED THIS DAY.  UNLIKE THE UNIT SOUGHT IN AAFES, THE EMPLOYEES
 SOUGHT HEREIN ARE NOT FOUND THROUGHOUT THE AGENCY'S ORGANIZATIONAL
 STRUCTURE, BUT RATHER ARE MISSING IN 8 OF 10 FIELD ACTIVITIES AND 4 OF
 14 DIVISIONS.  UNLIKE THE UNIT SOUGHT IN AAFES, THE UNIT SOUGHT HEREIN
 DOES NOT COMPORT WITH THE AGENCY'S GEOGRAPHIC STRUCTURE BUT RATHER
 REFLECTS A TOTAL ABSENCE IN THE OVERSEAS DIVISIONS AND IN SIGNIFICANT
 DOMESTIC AREAS.  UNLIKE THE UNIT SOUGHT IN AAFES, WHOSE MEMBERS SHARE
 THE SINGLE PRIMARY MISSION OF PROVIDING RETAIL FACILITIES FOR ELIGIBLE
 USERS, THE UNIT SOUGHT HEREIN ENJOYS NO COMMON THREAD OF SHARED
 MISSIONS, BUT RATHER A WIDE DIVERSION OF DISPARATE MISSIONS BASED
 LARGELY ON LOCAL GEOGRAPHIC CONDITIONS.  FINALLY, UNLIKE AAFES, WHERE
 THE EMPLOYEES IN THE UNIT SOUGHT ARE ENGAGED IN RELATIVELY SIMILAR
 OCCUPATIONAL UNDERTAKINGS, THE RECORD IN THE INSTANT CASE REFLECTS, AS
 MORE FULLY SET FORTH ABOVE, A COMPLETE LACK OF COMMONALITY WITH REGARD
 TO JOB CLASSIFICATIONS AND WORKING CONDITIONS.
 
    ACCORDINGLY, THE AUTHORITY FINDS THAT THE PROPOSED CONSOLIDATED UNIT
 IS NOT APPROPRIATE, AND WILL ORDER THAT THE INSTANT CONSOLIDATED
 PETITION BE DISMISSED.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE PETITION IN CASE NO. 3-UC-7 BE, AND IT
 HEREBY IS, DISMISSED.
 
    ISSUED, WASHINGTON, D.C., MAY 22, 1981
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
                                 APPENDIX
 
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