Army and Air Force Exchange Service, Panama Area Exchange (Activity) and Panama Department of Defense Employees Coalition, CTRP (AFSCME Local 907; AFGE Local 14; AFGE Local 1805) (Petitioner) and National Maritime Union of America, AFL-CIO (Intervenor)

 



[ v07 p514 ]
07:0514(76)RO
The decision of the Authority follows:


 7 FLRA No. 76
 
 ARMY AND AIR FORCE EXCHANGE SERVICE,
 PANAMA AREA EXCHANGE /1/
 Activity
 
 and
 
 PANAMA DEPARTMENT OF DEFENSE EMPLOYEES
 COALITION, AFL-CIO, CTRP (AMERICAN FEDERATION
 OF STATE, COUNTY AND MUNICIPAL EMPLOYEES,
 AFL-CIO, LOCAL 907;  AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 14;  AND
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 AFL-CIO, LOCAL 1805)
 Petitioner
 
 and
 
 NATIONAL MARITIME UNION OF AMERICA, AFL-CIO
 Intervenor
 
                                            Case No. 6-RO-50
 
                    DECISION AND DIRECTION OF ELECTION
 
    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 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.
 
    AT THE HEARING THE PETITIONER, AMERICAN FEDERATION OF STATE, COUNTY
 AND MUNICIPAL EMPLOYEES, AFL-CIO, LOCAL 907 (AFSCME) LOCAL 907), MOVED
 TO AMEND ITS PETITION TO CHANGE THE NAME OF THE PETITIONER TO PANAMA
 DEPARTMENT OF DEFENSE EMPLOYEES COALITION, AFL-CIO, CTRP (THE
 COALITION).  THE COALITION, WHICH WAS ESTABLISHED AFTER THE FILING OF
 THE INITIAL PETITION BUT BEFORE THE HEARING, IS COMPOSED OF THREE
 SEPARATE AND DISTINCT AFL-CIO AFFILIATED "LABOR ORGANIZATIONS" WITHIN
 THE MEANING OF SECTION 7103(A)(4) OF THE STATUTE WHICH CONTINUE TO EXIST
 AS SEPARATE ENTITIES, EACH WITH ITS OWN ELECTED OFFICERS, CONSTITUTION,
 AND BY-LAWS, AND EACH HAVING HISTORICALLY REPRESENTED DEPARTMENT OF
 DEFENSE EMPLOYEES IN THE CANAL ZONE.  THE THREE ARE AFSCME LOCAL 907;
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 14 (AFGE
 LOCAL 14);  AND AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO,
 LOCAL 1805 (AFGE LOCAL 1805).  THE STATED PURPOSE OF THE COALITION IS TO
 SECURE COLLECTIVE BARGAINING RIGHTS FOR ALL EMPLOYEES OF DEPARTMENT OF
 DEFENSE AGENCIES OPERATING IN THE REPUBLIC OF PANAMA AND TO IMPROVE
 THEIR WAGES, HOURS, AND CONDITIONS OF EMPLOYMENT.
 
    AS IN DEFENSE MAPPING AGENCY, INTER-AMERICAN GEODETIC SURVEY AND
 PANAMA DOD EMPLOYEES COALITION, AFL-CIO, CTRP (AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, LOCAL 14, AFL-CIO) AND NATIONAL MARITIME UNION OF
 AMERICA, AFL-CIO, 5 FLRA NO. 85 (1981), THE AUTHORITY VIEWS AFSCME LOCAL
 907'S MOTION AS A PRE-ELECTION STATEMENT OF INTENT TO PERMIT TWO OTHER
 AFL-CIO UNIONS TO JOINTLY SEEK CERTIFICATION WITH IT.  UNDER THESE
 CIRCUMSTANCES, THE MOTION OF AFSCME LOCAL 907 TO CHANGE THE NAME OF THE
 PETITIONER IS GRANTED.  IN GRANTING THE MOTION, HOWEVER, THE AUTHORITY
 ORDERS THAT, BEFORE AN ELECTION MAY BE HELD IN THE UNIT FOUND
 APPROPRIATE INFRA, THERE MUST BE A NEW POSTING OF NOTICE OF PETITION
 PURSUANT TO SECTION 2422.4(A) OF THE AUTHORITY'S RULES AND REGULATIONS
 IN ORDER TO INFORM EMPLOYEES OF THE CHANGE IN THE IDENTITY OF THE
 PETITIONER.  THUS, THE EMPLOYEES WILL HAVE PRE-ELECTION KNOWLEDGE OF THE
 PETITIONER'S INTENTION REGARDING JOINT CERTIFICATION AND WILL BE ABLE TO
 VOTE ACCORDINGLY.
 
    THE COALITION, IN ITS PETITION AS AMENDED, SEEKS TO REPRESENT A UNIT
 OF "ALL REGULAR FULL-TIME, REGULAR PART-TIME AND REGULAR SCHEDULED
 INTERMITTENT EMPLOYEES EMPLOYED BY THE PANAMA AREA EXCHANGE, ARMY AND
 AIR FORCE EXCHANGE SERVICE," EXCLUDING "MANAGEMENT OFFICIALS,
 SUPERVISORS, EXCHANGE DETECTIVES, CONFIDENTIAL EMPLOYEES, EMPLOYEES
 ENGAGED IN PERSONNEL WORK OTHER THAN IN A PURELY CLERICAL CAPACITY AND
 CASUAL, ON-CALL INTERMITTENT EMPLOYEES." THE PARTIES STIPULATED THAT
 THERE ARE NO ELECTION, CERTIFICATION OR AGREEMENT BARS WITH RESPECT TO
 THE PETITIONED FOR UNIT AND THAT INCUMBENTS IN CERTAIN POSITIONS BE
 EXCLUDED FROM THE PETITIONED FOR UNIT BECAUSE THEY ARE EITHER MANAGEMENT
 OFFICIALS, SUPERVISORS OR EMPLOYEES DESCRIBED IN SECTION 7112(B)(2),
 (3), (4), (6) AND (7) OF THE STATUTE.  (SEE APPENDIX A).  IN THE ABSENCE
 OF ANY CONTRAVENING EVIDENCE, THE AUTHORITY HEREBY ACCEPTS THESE
 STIPULATIONS.
 
    ALL OF THE PARTIES ARE IN AGREEMENT, WITH AN EXCEPTION AS TO REGULAR
 SCHEDULED INTERMITTENT (RSI) EMPLOYEES DISCUSSED HEREAFTER, AND, IN THE
 ABSENCE OF CONTRAVENING EVIDENCE, THE AUTHORITY FINDS THAT THE
 PETITIONED FOR UNIT MEETS THE CRITERIA OF SECTION 7112(A)(1) /2/ AND IS
 APPROPRIATE FOR RECOGNITION UNDER THE STATUTE.  /3/
 
    NOTWITHSTANDING THE PARTIES' AGREEMENT AS TO THE APPROPRIATENESS OF
 THE OVERALL UNIT, THE ACTIVITY, AT THE HEARING IN THIS MATTER AND IN ITS
 POST HEARING SUBMISSION, CONTENDS THAT RSI EMPLOYEES DO NOT SHARE A
 COMMUNITY OF INTEREST WITH REGULAR FULL-TIME AND REGULAR PART-TIME
 EMPLOYEES COVERED BY THE PETITION.  IN THE ACTIVITY'S VIEW, RSI
 EMPLOYEES SHOULD BE REPRESENTED IN A SEPARATE UNIT.  THE INTERVENOR,
 NATIONAL MARITIME UNION OF AMERICA, AFL-CIO, SUPPORTS THE COALITION IN
 THIS MATTER AND PROPOSES THAT RSI EMPLOYEES BE INCLUDED IN THE UNIT FOR
 WHICH A REPRESENTATION ELECTION IS BEING SOUGHT.
 
    WITH RESPECT TO RSI EMPLOYEES, THE RECORD DEMONSTRATES THAT RSI
 EMPLOYEES REGULARLY WORK A GIVEN NUMBER OF HOURS A WEEK AND OCCUPY
 PERMANENT POSITIONS THAT EXIST YEAR ROUND.  IN ADDITION, RSI EMPLOYEES
 WORK IN THE SAME LOCATIONS, DO SIMILAR WORK, HAVE IDENTICAL SUPERVISION,
 SHARE THE SAME PARKING AND EATING FACILITIES, AND ARE PAID FROM THE SAME
 WAGE SCHEDULES DEVISED BY THE PANAMA PERSONNEL POLICY BOARD, AS REGULAR
 FULL-TIME AND REGULAR PART-TIME EMPLOYEES COVERED BY THE PETITION.  RSI
 EMPLOYEES ALSO FILL IN FOR VACATIONING OR ILL REGULAR PART-TIME AND
 REGULAR FULL-TIME EMPLOYEES AND OFTEN MOVE INTO THE AFOREMENTIONED
 EMPLOYMENT CATEGORIES WHEN VACANCIES OCCUR.  UNDER THESE CIRCUMSTANCES,
 THE AUTHORITY FINDS THAT THE RSI EMPLOYEES HEREIN HAVE A REASONABLE
 EXPECTANCY OF FUTURE EMPLOYMENT AND A COMMUNITY OF INTEREST WITH REGULAR
 FULL-TIME AND REGULAR PART-TIME EMPLOYEES WITHIN THE UNIT.  FURTHER,
 BASED ON ALL THE ABOVE, AND NOTING THE ABSENCE OF ANY CONTRARY EVIDENCE
 IN THE RECORD, THE AUTHORITY FINDS THEIR INCLUSION IN THE PETITIONED FOR
 UNIT WILL PROMOTE EFFECTIVE DEALINGS WITH, AND EFFICIENCY OF THE
 OPERATIONS OF, THE AGENCY.
 
    ACCORDINGLY, BASED ON ALL OF THE FOREGOING, THE AUTHORITY FINDS,
 SUBJECT TO THE RESULT OF THE REPRESENTATION ELECTION ORDERED INFRA, THE
 FOLLOWING UNIT TO BE APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE
 RECOGNITION UNDER THE STATUTE:
 
    ALL REGULAR FULL-TIME, REGULAR PART-TIME AND REGULAR SCHEDULED
 INTERMITTENT EMPLOYEES
 
    EMPLOYED BY THE ARMY AND AIR FORCE EXCHANGE SERVICE, PANAMA AREA
 EXCHANGE SERVICE, EXCLUDING
 
    ALL EXCHANGE DETECTIVES, /4/ CASUAL AND ON-CALL INTERMITTENT
 EMPLOYEES, /5/ PROFESSIONAL
 
    EMPLOYEES /6/ MANAGEMENT OFFICIALS;  SUPERVISORS;  AND EMPLOYEES
 DESCRIBED IN SECTION
 
    7112(B)(2), (3), (4), (6) AND (7) OF THE STATUTE.
 
                           DIRECTION OF ELECTION
 
    SUBJECT TO THE PREREQUISITE THAT THE NOTICE OF PETITION HEREIN BE
 REPOSTED PURSUANT TO SECTION 2422.4(A) OF THE AUTHORITY'S RULES AN