Department of the Navy, Naval Supply Center, Oakland, California (Activity/Petitioner) and International Association of Machinists and Aerospace Workers, Lodge 739, AFL-CIO (Labor Organization) and American Federation of Government Employees, Local 1533, AFL-CIO (Labor Organization)



[ v05 p775 ]
05:0775(103)CU
The decision of the Authority follows:


 5 FLRA No. 103
 
 DEPARTMENT OF THE NAVY
 NAVAL SUPPLY CENTER
 OAKLAND, CALIFORNIA
 Activity/Petitioner
 
 and
 
 INTERNATIONAL ASSOCIATION OF
 MACHINISTS AND AEROSPACE
 WORKERS, LODGE 739, AFL-CIO
 Labor Organization
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 1533, AFL-CIO
 Labor Organization
 
                                            Case No. 9-CU-18
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
 UNDER SECTION 7111(B) 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 THE ENTIRE RECORD IN THIS CASE, INCLUDING BRIEFS FILED BY THE
 ACTIVITY/PETITIONER AND THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 LOCAL 1533, AFL-CIO (AFGE), THE AUTHORITY FINDS:  THE DEPARTMENT OF THE
 NAVY, NAVAL SUPPLY CENTER, OAKLAND, CALIFORNIA (NSC), THE
 ACTIVITY/PETITIONER, FILED A CLARIFICATION OF UNIT PETITION SEEKING A
 DETERMINATION AS TO WHETHER A REORGANIZATION RESULTING IN THE
 CONSOLIDATION OF THE ACTIVITY'S SUPPLY FUNCTIONS WITH THOSE OF THE NAVAL
 AIR STATION IN ALAMEDA, CALIFORNIA (NAS), HAD THE EFFECT OF ACCRETING
 APPROXIMATELY 400 EMPLOYEES OF NAS, WHO WERE ADMINISTRATIVELY
 TRANSFERRED TO NSC, TO THE BARGAINING UNIT EXCLUSIVELY REPRESENTED BY
 AFGE.  /1/ THE ADMINISTRATIVELY TRANSFERRED NAS EMPLOYEES INCLUDE 189
 UNREPRESENTED GENERAL SCHEDULE (GS) EMPLOYEES AND 206 OF THE WAGE GRADE
 (WG) EMPLOYEE WHO HAVE BEEN EXCLUSIVELY REPRESENTED BY THE INTERNATIONAL
 ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, LODGE 739, AFL-CIO
 (IAM).  /2/ THE ACTIVITY TAKES THE POSITION THAT THE ADMINISTRATIVELY
 TRANSFERRED EMPLOYEES HAVE ACCRETED TO THE NSC UNIT EXCLUSIVELY
 REPRESENTED BY AFGE (SUPRA N. 1).  THE AFGE, IN AGREEMENT WITH THIS
 POSITION, CONTENDS THAT THE TRANSFERRED EMPLOYEES SHARE A COMMUNITY OF
 INTEREST WITH THE OTHER EMPLOYEES IN THE NSC UNIT.  HOWEVER, IAM ARGUES
 THAT IT CONTINUES TO REPRESENT THE TRANSFERRED EMPLOYEES INASMUCH AS
 THEY HAVE NOT ACTUALLY MOVED TO NSC AND CONTINUE, FOR THE MOST PART, TO
 HAVE THE SAME SUPERVISION, JOB REQUIREMENTS AND ASSIGNMENTS, HOURS OF
 WORK AND WORKING CONDITIONS AS BEFORE THE REORGANIZATION.
 
    THE REORGANIZATION REFERRED TO ABOVE WAS INSTITUTED ON OCTOBER 1,
 1979, WHEN DUPLICATIVE SUPPLY FUNCTIONS OF THE NAS AND NSC FACILITIES,
 LOCATED WITHIN 6.8 MILES' TRAVEL DISTANCE OF EACH OTHER, WERE
 CONSOLIDATED.  PRIOR TO THE REORGANIZATION, THE SUPPLY DEPARTMENT OF NAS
 HAD BEEN A "LEVEL I" SERVICE, THAT IS, IT SUPPLIED WORLDWIDE AVIATION
 CUSTOMERS AS WELL AS THE SQUADRONS AND IMMEDIATE FUNCTIONS OF THE BASE.
 PURSUANT TO THE REORGANIZATION, IT BECAME A "LEVEL II" FACILITY
 PERFORMING ONLY THE "RETAIL" SUPPLY FUNCTIONS FOR THE BASE.  THUS, NAS'
 SUPPLY ACTIVITIES NO LONGER INCLUDED THE "WHOLESALE" WORLDWIDE AVIATION
 SUPPLY FUNCTION, WHICH FUNCTION WAS TRANSFERRED TO NSC.
 
    THE REORGANIZATION CREATED A NEW ENTITY, THE AVIATION DEPARTMENT, AS
 ONE OF 11 DEPARTMENTS WITHIN NSC, AND TRANSFERRED TO NSC SOME 400
 POSITIONS FROM THE SUPPLY DEPARTMENT OF NAS.  /3/ THE AVIATION
 DEPARTMENT IS UNDER THE AUTHORITY OF A DIRECTOR, WHO REPORTS TO NCS'S
 COMMANDING OFFICER.  THE DIRECTOR MEETS DAILY WITH THE NSC COMMANDING
 OFFICER AND THE OTHER NSC DEPARTMENT DIRECTORS.  PURSUANT TO THE
 REORGANIZATION, ALL SUPPLY FUNCTIONS ARE UNDER THE COMMAND OF THE CHIEF
 OF NAVAL MATERIAL.  (FORMERLY, THE SUPPLY FUNCTIONS OF NAS AND NSC WERE
 IN DIFFERENT CHAINS OF COMMAND, WITH THE LOWEST COMMON LEVEL BEING THE
 CHIEF OF NAVAL OPERATIONS.) THE FUNCTION OF THE AVIATION DEPARTMENT IS
 THAT OF WHOLESALE AVIATION SUPPLY IN SUPPORT OF THE NSC MISSION.  THE
 RECORD SHOWS THAT THE AVIATION DEPARTMENT AND THE OTHER NSC DEPARTMENTS
 PERFORM AN INTEGRATED OPERATION, AND THAT THE NSC FUNCTIONS PERFORMED AT
 THE ALAMEDA SITE ARE SO LOCATED FOR PURELY PHYSICAL, NOT ORGANIZATIONAL
 REASONS (E.G., THEIR PROXIMITY TO THE REPAIR AREA).  IN ADDITION, WHILE
 THE AVIATION DEPARTMENT'S WHOLESALE SUPPLY ACTIVITY-- ALONG WITH NSC'S
 PURCHASE, TECHNICAL, AND INVENTORY BRANCH EMPLOYEES-- OCCUPIES 13
 BUILDINGS AT THE ALAMEDA SITE, IT IS PHYSICALLY AND FUNCTIONALLY
 DISTINCT FROM THE NAS ACTIVITIES AT THAT LOCATION.
 
    THE RECORD FURTHER SHOWS THAT ALL NSC EMPLOYEES, INCLUDING THOSE OF
 THE AVIATION DEPARTMENT, ARE GOVERNED BY THE POLICIES AND PROCEDURES OF
 NSC'S DIRECTOR OF CIVILIAN PERSONNEL WITH RESPECT TO SUCH MATTERS AS
 LABOR RELATIONS AND NEGOTIATIONS;  ABSENCE AND LEAVE;  HOURS OF WORK;
 TRAINING;  COMPETITIVE AREAS FOR REDUCTION-IN-FORCE;  PERFORMANCE
 EVALUATIONS;  AREA OF CONSIDERATION FOR MERIT PROMOTION;  INCENTIVE
 AWARDS;  HEALTH AND SAFETY;  EQUAL EMPLOYMENT OPPORTUNITY (EEO)
 PROGRAMS;  COMPENSATION;  EMPLOYEE ASSISTANCE PROGRAMS;  AND PERSONNEL
 SERVICES.  IN ADDITION, ALL OF THE AVIATION DEPARTMENT'S PERSONNEL FILES
 ARE MAINTAINED AT NSC OAKLAND.
 
    IN THESE CIRCUMSTANCES, THE AUTHORITY FINDS THAT, PURSUANT TO THE
 REORGANIZATION, THE ADMINISTRATIVELY TRANSFERRED EMPLOYEES OF NAS'
 SUPPLY DEPARTMENT WERE ORGANIZATIONALLY AND OPERATIONALLY INTEGRATED
 INTO NSC AND THUS ACCRETED TO THE BARGAINING UNIT OF NSC EMPLOYEES
 EXCLUSIVELY REPRESENTED BY AFGE.  THUS, THE AUTHORITY CONCLUDES THAT, AS
 A RESULT OF THE REORGANIZATION WHICH CONSOLIDATED CERTAIN AVIATION
 SUPPLY FUNCTIONS WITHIN NSC, THE EMPLOYEES WHO WERE ADMINISTRATIVELY
 TRANSFERRED FROM NAS TO THE NEWLY-CREATED AVIATION DEPARTMENT WITHIN NSC
 DO NOT CONTINUE TO SHARE A CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST
 WITH THE NAS EMPLOYEES, BUT INSTEAD ENJOY A COMMUNITY OF INTEREST WITH
 ALL OTHER NSC EMPLOYEES IN THE UNIT EXCLUSIVELY REPRESENTED BY AFGE.  IN
 THIS REGARD, AS PREVIOUSLY STATED, WHILE SOME OF THE TRANSFERRED
 EMPLOYEES CONTINUE TO WORK IN THE SAME LOCATION AND UNDER THE SAME
 IMMEDIATE SUPERVISION AS BEFORE THE REORGANIZATION, THEY ARE NOW
 INTEGRATED INTO NSC'S INTERDEPARTMENTAL OPERATION AND ARE GOVERNED BY
 THE SAME PERSONNEL POLICIES AND PRACTICES, ADMINISTERED BY THE SAME
 PERSONNEL OFFICE, AS ALL OTHER NSC EMPLOYEES.  FURTHER, FOR THESE
 REASONS, AND PARTICULARLY INASMUCH AS THE EMPLOYEES IN QUESTION WERE
 TRANSFERRED TO NSC IN CONJUNCTION WITH A TRANSFER AND CONSOLIDATION OF
 CERTAIN SUPPLY FUNCTIONS FROM NAS TO NSC, THE AUTHORITY CONCLUDES THAT
 ACCRETING THEM TO THE UNIT OF NSC EMPLOYEES EXCLUSIVELY REPRESENTED BY
 AFGE WOULD PROMOTE EFFECTIVE DEALINGS AND THE EFFICIENCY OF AGENCY
 OPERATIONS.  SEE DEFENSE CONTRACT ADMINISTRATION SERVICES REGION, ST.
 LOUIS, MISSOURI, 5 FLRA NO. 37(1981).  COMPARE GENERAL SERVICES
 ADMINISTRATION, NATIONAL CAPITAL REGION, 5 FLRA NO. 38(1981).
 
    ACCORDINGLY, THE AUTHORITY SHALL CLARIFY THE UNIT OF NSC EMPLOYEES
 EXCLUSIVELY REPRESENTED BY AFGE TO INCLUDE IN SUCH UNIT THE NAS
 EMPLOYEES ADMINISTRATIVELY TRANSFERRED TO THE AVIATION DEPARTMENT WITHIN
 NSC.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED, IN WHICH
 EXCLUSIVE RECOGNITION WAS GRANTED TO THE AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, LOCAL 1533, AFL-CIO, ON OCTOBER 29, 1965, AT THE
 DEPARTMENT OF THE NAVY, NAVAL SUPPLY CENTER, OAKLAND, CALIFORNIA, BE,
 AND IT HEREBY IS, CLARIFIED BY INCLUDING IN SAID UNIT THOSE EMPLOYEES
 WHO WERE ADMINISTRATIVELY TRANSFERRED TO THE AVIATION DEPARTMENT WITHIN
 NSC AS THE RESULT OF A REORGANIZATION INSTITUTED ON OCTOBER 1, 1979.
 
    ISSUED, WASHINGTON, D.C., MAY 29, 1981
 
                       RONALD W. HAUGHTON, CHAIRMAN
                       HENRY B. FRAZIER III, MEMBER
                       LEON B. APPLEWHAITE, MEMBER
                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ ON OCTOBER 29, 1965, AFGE WAS RECOGNIZED AS THE EXCLUSIVE
 REPRESENTATIVE OF A BARGAINING UNIT CONSISTING OF "ALL EMPLOYEES OF THE
 NAVAL SUPPLY CENTER, OAKLAND, CALIFORNIA, EXCEPT THOSE EMPLOYEES OF THE
 POLICE BRANCH UNIT, FIRE FIGHTERS, PROFESSIONAL EMPLOYEES, EMPLOYEES
 ENGAGED IN FEDERAL PERSONNEL WORK OTHER THAN IN A PURELY CLERICAL
 CAPACITY, MANAGEMENT OFFICIALS, AND SUPERVISORS." THERE WERE ABOUT 1200
 EMPLOYEES IN THE FOREGOING UNIT PRIOR TO THE REORGANIZATION.
 
    /2/ THE IAM REPRESENTS TWO BARGAINING UNITS AT NAS.  IN 1968, IT WAS
 RECOGNIZED AS THE EXCLUSIVE REPRESENTATIVE OF A UNIT CONSISTING OF
 "THOSE UNGRADED EMPLOYEES IN THE SUPPLY DEPARTMENT HOLDING RATINGS OF
 PACKER, WOODWORKER, AND BLOCKER AND BRACER." ON FEBRUARY 24, 1971, IAM
 WAS CERTIFIED AS EXCLUSIVE REPRESENTATIVE FOR A UNIT OF "ALL OTHER
 UNGRADED EMPLOYEES OF THE NAVAL AIR STATION, ALAMEDA, WORKING IN SUPPLY,
 AIR OPERATIONS AND OTHER UNDER THE ACTIVITY COMMAND AND EXCLUDING
 EMPLOYEES ALREADY COVERED BY EXCLUSIVE RECOGNITION, EMPLOYEES ENGAGED IN
 FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY,
 PROFESSIONAL EMPLOYEES, MANAGEMENT OFFICIALS, GUARDS, AND SUPERVISORS .
 . . AND TEMPORARY LIMITED EMPLOYEES." A SINGLE COLLECTIVE BARGAINING
 AGREEMENT COVERS BOTH UNITS.
 
    /3/ SINCE THE PHYSICAL TRANSFER OF BOTH SUPPLIES AND PERSONNEL (FROM
 NAS IN ALAMEDA TO NSC IN OAKLAND) WAS DESIGNED TO BE CARRIED OUT IN
 PHASES SO AS TO MINIMIZE ADVERSE EFFECTS WHICH MIGHT OTHERWISE HAVE
 RE