International Association of Machinists and Aerospace Workers, Local 830, AFL-CIO (Petitioner) and Department of Defense, Department of Navy, U.S. Naval Ordnance Station, Louisville, KY (Activity)



[ v06 p480 ]
06:0480(92)CU
The decision of the Authority follows:


 6 FLRA No. 92
 
 INTERNATIONAL ASSOCIATION OF
 MACHINISTS AND AEROSPACE WORKERS,
 LOCAL 830, AFL-CIO
 Petitioner
 
 and
 
 DEPARTMENT OF DEFENSE,
 DEPARTMENT OF NAVY
 U.S. NAVAL ORDNANCE
 STATION, LOUISVILLE,
 KENTUCKY
 Activity
 
                                            Case No. 4-CU-32
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
 UNDER SECTION 7111(B)(2) OF THE FEDERAL SERVICE LABOR-MANAGEMENT
 RELATIONS STATUTE (THE STATUTE), 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 THE BRIEFS OF THE
 PARTIES, THE AUTHORITY FINDS:
 
    THE INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS,
 LOCAL 830, AFL-CIO (LOCAL 830), WAS RECOGNIZED IN AUGUST 1962 AS THE
 EXCLUSIVE REPRESENTATIVE OF GRADED AND UNGRADED DIRECT HIRE CIVILIAN
 EMPLOYEES IN JOB RATINGS AND CLASSIFICATIONS AT THE NAVAL ORDNANCE
 STATION, LOUISVILLE (NOSL), EXCEPTING THOSE EMPLOYEES REQUIRING
 EXCLUSION UNDER SECTION 11(B) OF EXECUTIVE ORDER 11491, AS AMENDED.  A
 COLLECTIVE BARGAINING AGREEMENT, ORIGINALLY SIGNED IN 1974, CONTINUES IN
 EFFECT.
 
    EMPLOYEES OF NOSL PRODUCE AND REPAIR WEAPONS SYSTEMS AND MAINTAIN AND
 OPERATE THE ORDNANCE STATION.  PRIOR TO THE REORGANIZATION WHICH
 RESULTED IN THE INSTANT PETITION, A PRINTING DIVISION WAS INCLUDED IN
 THE NOSL UNIT, WHICH OPERATED UNDER A CHARTER FROM THE NAVY PUBLICATIONS
 & PRINTING SERVICE (NPPS) OFFICE.  THE DIVISION PRODUCED AND REPRODUCED
 PRINTED AND MICROFILMED MATERIAL, AND SERVICED NOSL AS WELL AS OTHER
 NAVY DEPARTMENT ACTIVITIES.  ON OCTOBER 1, 1980 THE CHIEF OF NAVAL
 OPERATIONS ORDERED A WORLDWIDE REORGANIZATION OF VARIOUS NAVY
 DEPARTMENT
 ACTIVITIES.  THIS REORGANIZATION RESULTED IN THE TRANSFER OF THE
 PRINTING DIVISION FROM THE CONTROL OF NOSL TO THE NAVY PUBLICATIONS AND
 PRINTING SERVICE.  ALL OF THE APPROXIMATELY 23 EMPLOYEES OF THE PRINTING
 DIVISION WERE TRANSFERRED-IN-PLACE TO THE NPPS ORGANIZATION.  THE
 DIVISION BECAME THE NAVAL PUBLICATIONS AND PRINTING SERVICE BRANCH
 OFFICE, LOUISVILLE (NPPSBO), UNDER THE DIRECTION OF THE GREAT LAKES
 OFFICE.  NPPSBO CONTINUES TO PRODUCE AND REPRODUCE PRINTED AND
 MICROFILMED MATERIAL.  AN INTRASERVICE SUPPORT AGREEMENT PROVIDES THAT
 NOSL FURNISH SERVICES SUCH AS MAINTENANCE, SUPPORT, AND ADMINISTRATION
 TO NPPSBO.
 
    LOCAL 830 CONTENDS THAT DESPITE THE REORGANIZATION, LABOR-MANAGEMENT
 RELATIONS HAVE CONTINUED TO BE BASICALLY THE SAME AS BEFORE, AND WORKING
 CONDITIONS HAVE NOT CHANGED.  IT NOTES THAT THE PHYSICAL LOCATION OF THE
 EMPLOYEES HAS NOT BEEN CHANGED, AND ARGUES THAT THE NOSL UNIT SHOULD
 CONTINUE TO INCLUDE THE NPPSBO EMPLOYEES.
 
    THE NOSL CONTENDS THAT NPPSBO SHOULD BE EXCLUDED FROM THE NOSL
 BARGAINING UNIT BECAUSE THE ESTABLISHMENT OF NPPSBO AS A SEPARATE,
 INDEPENDENT GROUP UNDER NPPS AND THE TRANSFER OF THE PRINTING DIVISION
 TO THE NPPS ORGANIZATION EFFECTIVELY DESTROYED ANY COMMUNITY OF INTEREST
 WHICH PREVIOUSLY EXISTED BETWEEN THESE EMPLOYEES AND NOSL EMPLOYEES.
 THE ACTIVITY FURTHER CONTENDS THAT NPPSBO'S CONTINUED INCLUSION IN THE
 NOSL UNIT WOULD NOT PROMOTE EFFECTIVE DEALINGS OR EFFICIENCY OF AGENCY
 OPERATIONS, AND WOULD HINDER AN EFFECTIVE LABOR-MANAGEMENT RELATIONS
 PROGRAM.  /1/
 
    THE RECORD REFLECTS THAT WITH THE CREATION OF NPPSBO, THE ENTIRE
 PRINTING DIVISION WAS TRANSFERRED ORGANIZATIONALLY TO NPPS.  NPPSBO
 REPORTS DIRECTLY TO THE NPPS GREAT LAKES, ILLINOIS, OFFICE, WHICH IN
 TURN REPORTS TO THE REGIONAL DIRECTOR'S OFFICE FOR THE NPPS NORTHERN
 DIVISION.  NOSL REPORTS TO THE NAVAL SEA SYSTEMS COMMAND.  NPPS AND NOSL
 HAVE SEPARATE AND DISTINCT LINES OF COMMAND AND THE TWO GROUPS ARE
 ORGANIZATIONALLY SEPARATE.  NO ONE PERSON UNDER THE LEVEL OF NAVAL
 MATERIEL COMMAND IS ABLE TO SPEAK FOR, OR NEGOTIATE ON BEHALF OF, BOTH
 ORGANIZATIONS.  NOSL SUPERVISORS, MANAGERS OR COMMANDERS DO NOT EXERCISE
 BUDGETARY, PERSONNEL OR OPERATIONAL AUTHORITY OVER ANY NPPSBO EMPLOYEES.
  NOSL AND NPPSBO EMPLOYEES DO NOT HAVE COMMON SUPERVISION, ALTHOUGH
 LOWER LEVEL SUPERVISORS OF NPPSBO EMPLOYEES WERE ALSO TRANSFERRED TO
 NPPS, AND CONTINUE TO SUPERVISE THE EMPLOYEES IN QUESTION.
 
    PRIOR TO THE REORGANIZATION NOSL ORDERS MADE UP APPROXIMATELY 70% OF
 THE WORKLOAD OF THE PRINTING DIVISION.  SINCE THE REORGANIZATION NPPSBO
 HAS ADDED MORE EQUIPMENT, SERVES MORE CUSTOMERS THAN IT PREVIOUSLY DID,
 AND EXPECTS TO ADD STILL MORE CUSTOMERS.  AT PRESENT NOSL ORDERS STILL
 MAKE UP ABOUT 70% OF THE WORKLOAD OF NPPSBO, BUT NOSL IS NOW REQUIRED TO
 FOLLOW ALL FORMAL PROCEDURES WHEN ASKING FOR SERVICES, AND IS ACCORDED
 NO PRIORITY.
 
    NPPSBO REMAINS AT THE SAME LOCATION AS PRIOR TO THE REORGANIZATION;
 AS BEFORE, THE WORK OF THE NPPSBO EMPLOYEES IS PERFORMED VIRTUALLY IN
 ISOLATION FROM THE NOSL EMPLOYEES.  THE TWO GROUPS ALWAYS WERE
 PHYSICALLY SEPARATED AND PERFORMED DIFFERENT TYPES OF WORK;  NOW THEY
 ARE ORGANIZATIONALLY SEPARATE AS WELL.  WHILE THEY CAN STILL CONTINUE TO
 SHARE CAR POOLS, CAFETERIAS, PARKING, AND VARIOUS STATION-WIDE
 FACILITIES, THERE ARE NO INTEGRATED WORK PROCESSES, OR ON-THE-JOB
 INTERMINGLING, AND NO NPPSBO FUNCTIONS ARE CARRIED OUT IN CONJUNCTION
 WITH NOSL EMPLOYEES.  UNLESS THERE IS AN EMERGENCY, NPPSBO EMPLOYEES
 WORK ONLY THE DAY SHIFT UNLIKE NOSL EMPLOYEES WHO MORE OFTEN WORK
 OVERTIME AND ROTATING SHIFTS.  NPPSBO EMPLOYEES HAVE THEIR OWN TIME
 CLOCK AND IDENTIFICATION SYSTEM, AND ARE OBLIGED TO FOLLOW SOMEWHAT
 STRICTER PROCEDURES THAN THOSE APPLIED TO NOSL EMPLOYEES.
 
    NO ROUTINE INTERCHANGE OF EMPLOYEES THROUGH DETAILS OR REASSIGNMENTS
 EXISTS BETWEEN NOSL AND NPPSBO.  BECAUSE OF THE DIFFERENT FUNCTIONS OF
 THE TWO GROUPS, EMPLOYEES DO NOT ROUTINELY ACQUIRE THE SAME SKILLS OR
 SHARE COMMON CAREER OBJECTIVES.  THE DIRECTOR OF NPPSBO, WHO HAS BEEN
 WITH THE GROUP FOR TWENTY-FIVE YEARS, TESTIFIED THAT TO HIS KNOWLEDGE NO
 INDIVIDUALS IN THE VARIOUS CRAFT OCCUPATIONS OF EITHER NOSL OR NPPSBO
 (OR THE PRINTING DIVISION PRIOR TO THE REORGANIZATION) EVER TRANSFERRED
 TO THE OTHER GROUP.  NPPSBO ADMINISTERS ITS OWN PAYROLL AND SETS UP ITS
 OWN PERSONNEL POLICIES AND PRACTICES AS DICTATED BY NPPS.  NOSL, THROUGH
 THE SUPPORT AGREEMENT, PROVIDES NPPSBO WITH VARIOUS SUPPORT SERVICES
 INCLUDING USE OF THE NOSL PERSONNEL OFFICE, BUT ALL HIRING, PROMOTIONS,
 AND OTHER PERSONNEL AUTHORITY IS RETAINED BY THE NPPSBO DIRECTOR.
 COMPETITIVE AREAS FOR REDUCTIONS-IN-FORCE AND MERIT PROMOTION ARE
 DIFFERENT FOR THE TWO GROUPS, ALTHOUGH PRIOR TO THE REORGANIZATION, BOTH
 GROUPS COULD HAVE BEEN CONSIDERED TOGETHER AS BOTH WERE PART OF THE SAME
 ACTIVITY.  PRIOR TO THE REORGANIZATION THE COMMANDING OFFICER OF NOSL
 WAS ABLE TO VETO ANY ACTIONS TAKEN BY THE PRINTING DIVISION;  NOW HE HAS
 NO AUTHORITY OVER ANY OF NPPSBO'S POLICIES.  ANY COSTS INCURRED BY NOSL
 AS A RESULT OF THE SERVICING AGREEMENT ARE, WITH CERTAIN EXCEPTIONS,
 REIMBURSABLE BY NPPSBO WHICH CONTROLS IT OWN BUDGET.
 
    UNDER THE CIRCUMSTANCES, THE AUTHORITY FINDS THAT THE EMPLOYEES OF
 NPPSBO NO LONGER SHARE A COMMUNITY OF INTEREST WITH THE NOSL EMPLOYEES
 IN THE EXISTING UNIT REPRESENTED BY LOCAL 830.  AS A RESULT OF THE
 REORGANIZATION THE NPPSBO EMPLOYEES ARE NOW PART OF A NEW AND EXPANDED
 ORGANIZATIONAL COMMAND WITH THE SEPARATE AND DISTINCT MISSION OF
 SUPPLYING PHOTOGRAPHIC AND REPRODUCTION SERVICES, AND ARE NO LONGER PART
 OF NOSL.  NPPSBO EMPLOYEES ARE NOW UNDER SEPARATE SUPERVISION AND
 COMMAND INSTEAD OF BEING ANSWERABLE TO THE NOSL COMMAND.  THE EMPLOYEES
 OF NPPSBO CONTINUE TO SHARE PLANT-WIDE FACILITIES SUCH AS CAFETERIAS BUT
 THEIR WORK AREAS REMAIN SEPARATE FROM NOSL EMPLOYEES, AND THEIR
 FUNCTIONS ARE EVEN MORE ISOLATED.  NOSL, THROUGH AN EXTENSIVE SUPPORT
 AGREEMENT, PROVIDES PERSONNEL AND OTHER ADMINISTRATIVE AND MAINTENANCE
 SERVICES TO NPPSBO, BUT THE PERSONNEL POLICIES AND PRACTICES AND WORKING
 CONDITIONS ARE CONTROLLED BY THE DIRECTOR OF NPPSBO AS SET FORTH BY
 NPPS.  THE COMMANDING OFFICER OF NOSL NOW HAS NO CONTROL OVER THE
 ACTIONS OF NPPSBO EMPLOYEES, WHEREAS BEFORE THE REORGANIZATION HE HAD
 ULTIMATE AUTHORITY OVER THOSE EMPLOYEES.  THE COMMANDING OFFICER OF
 NOSL, WHO PRIOR TO THE REORGANIZATION WAS ABLE TO NEGOTIATE WITH THE
 UNION ON MATTERS AFFECTING ALL THE EMPLOYEES, NOW HAS NO AUTHORITY TO
 SPEAK FOR THE NPPSBO MANAGEMENT OR NEGOTIATE ON MATTERS AFFECTING NPPSBO
 EMPLOYEES.  CONSEQUENTLY, TO INCLUDE BOTH NPPSBO AND NOSL EMPLOYEES IN
 THE SAME UNIT WOULD NOT FOSTER EFFECTIVE DEALINGS OR EFFICIENCY OF
 OPERATIONS.
 
    IN VIEW OF THE FOREGOING, THE AUTHORITY FINDS THAT THE NPPSBO
 EMPLOYEES CONSTITUTE A FUNCTIONALLY DISTINCT GROUP OF EMPLOYEES WHO
 SHARE A COMMUNITY OF INTEREST SEPARATE AND DISTINCT FROM THE EMPLOYEES
 IN THE EXISTING UNIT, AND THAT THEIR CONTINUED INCLUSION IN THE EXISTING
 UNIT WOULD NOT PROMOTE EFFECTIVE DEALINGS OR EFFICIENCY OF AGENCY
 OPERATIONS.  ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT THE
 CERTIFICATION FOR THE NOSL BARGAINING UNIT BE CLARIFIED TO EXCLUDE THE
 NPPSBO EMPLOYEES.  SEE DEPARTMENT OF THE NAVY, NAVY REGIONAL DATA
 AUTOMATION CENTER, JACKSONVILLE, FLORIDA, ET. AL., 4 FLRA NO. 18(1980).
 
                                   ORDER
 
    IT IS ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED, IN WHICH
 EXCLUSIVE RECOGNITION WAS