New Jersey Department of Defense (Activity) and National Army-Air Technicians Association, Local 371, IUE, AFL-CIO-CLC (Petitioner) and National Association of Government Employees, Local R2-100 (Intervenor)



[ v07 p409 ]
07:0409(59)CU
The decision of the Authority follows:


 7 FLRA No. 59
 
 NEW JERSEY DEPARTMENT OF DEFENSE
 Activity
 
 and
 
 NATIONAL ARMY-AIR TECHNICIANS ASSOCIATION,
 LOCAL 371, IUE, AFL-CIO-CLC
 Petitioner
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES,
 LOCAL R2-100
 Intervenor
 
                                            Case No. 2-CU-17
 
                    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, THE AUTHORITY FINDS:  THE
 PETITIONER, NATIONAL ARMY-AIR TECHNICIANS ASSOCIATION, LOCAL 371, IUE,
 AFL-CIO-CLC (NAATA LOCAL 371) SEEKS TO CLARIFY AN EXISTING UNIT AT
 MCGUIRE AIR FORCE BASE.  NAATA LOCAL 371 CONTENDS THAT IT IS THE
 EXCLUSIVE REPRESENTATIVE OF ALL EMPLOYEES IN A WORK AREA COMMONLY CALLED
 THE 108TH CONSOLIDATED WORK AREA.  ON THE OTHER HAND, THE INTERVENOR,
 THE NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCAL R2-100 (NAGE
 LOCAL R2-100), ASSERTS THAT EMPLOYEES WORKING AT THE 108TH CONSOLIDATED
 WORK AREA WHO ARE MILITARILY ASSIGNED TO THE 170TH AIR REFUELING GROUP
 ARE REPRESENTED BY IT, WHEREAS EMPLOYEES WORKING AT THE 108TH
 CONSOLIDATED WORK AREA WHO ARE MILITARILY ASSIGNED TO THE 108TH TACTICAL
 FIGHTER WING ARE REPRESENTED BY NAATA LOCAL 371, THE PETITIONER.  THE
 ACTIVITY TAKES THE SAME POSITION AS THE INTERVENOR, NAGE, LOCAL R2-100,
 IN THIS MATTER.
 
    THE RECORD SHOWS THAT NAATA LOCAL 371 IS, AND HAS BEEN, THE EXCLUSIVE
 REPRESENTATIVE, AT ALL TIMES RELEVANT HEREIN, OF ALL NON-SUPERVISORY,
 NON-MANAGERIAL, AND NON-PROFESSIONAL NEW JERSEY NATIONAL GUARD
 TECHNICIAN PERSONNEL ASSIGNED TO THE 108TH TACTICAL FIGHTER WING, NEW
 JERSEY AIR NATIONAL GUARD, MCGUIRE AIR FORCE BASE.  NAATA LOCAL 371 WAS
 GRANTED EXCLUSIVE RECOGNITION IN THE AFOREMENTIONED UNIT PURSUANT TO
 EXECUTIVE ORDER 10988 ON DECEMBER 23, 1969, AND IS PRESENTLY A PARTY TO
 A COLLECTIVE BARGAINING AGREEMENT WITH THE ACTIVITY WHICH CONTAINS A
 UNIT DESCRIPTION SUBSTANTIALLY IDENTICAL TO ITS ORIGINAL RECOGNITION.
 /1/
 
    NAGE LOCAL R2-100 IS, AND HAS BEEN, THE EXCLUSIVE REPRESENTATIVE, AT
 ALL TIMES RELEVANT HEREIN, OF ALL NON-SUPERVISORY, NON-MANAGERIAL, AND
 NON-PROFESSIONAL TECHNICIANS EMPLOYED BY THE 170TH AIR REFUELING GROUP
 (FORMERLY THE 170TH TACTICAL AIRLIFT GROUP), NEW JERSEY AIR NATIONAL
 GUAR