Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire (Activity) and International Association of Fire Fighters, Local F-123 (Petitioner)

 



[ v06 p67 ]
06:0067(20)CU
The decision of the Authority follows:


 6 FLRA No. 20
 
 DEPARTMENT OF THE NAVY,
 PORTSMOUTH NAVAL SHIPYARD,
 PORTSMOUTH, NEW HAMPSHIRE
 Activity
 
 and
 
 INTERNATIONAL ASSOCIATION OF
 FIRE FIGHTERS, LOCAL F-123
 Petitioner
 
                                            Case No. 1-CU-14
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    UPON A PETITION DULY FILED UNDER SECTION 7111(B) OF THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE) A HEARING WAS
 HELD IN THIS CASE 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.
 
    THE PETITIONER SEEKS TO CLARIFY AN EXISTING EXCLUSIVELY RECOGNIZED
 UNIT OF FIRE FIGHTERS AND FIRE PREVENTION INSPECTORS AT THE PORTSMOUTH
 NAVAL SHIPYARD (THE ACTIVITY) /1/ TO INCLUDE FOUR INDIVIDUALS CLASSIFIED
 AS FIRE CAPTAIN (SUPERVISORY FIRE FIGHTER (STRUCTURAL) GS-081-6),
 CONTENDING THAT SUCH FIRE CAPTAINS DO NOT EXERCISE SUPERVISORY AUTHORITY
 A PREPONDERANCE OF THEIR ON-DUTY TIME AND THEREFORE ARE NOT
 "SUPERVISORS" WITHIN THE MEANING OF SECTION 7103(A)(10) OF STATUTE.  /2/
 THE ACTIVITY CONTENDS THAT A PETITION FOR CLARIFICATION OF UNIT (CU
 PETITION) IS AN INAPPROPRIATE VEHICLE FOR DETERMINING THE UNIT STATUS OF
 FIRE CAPTAINS (SUPERVISORY FIRE FIGHTERS), WHO HAD BEEN EXPRESSL