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 AND
 REGULATIONS, AN ELECTION BY SECRET BALLOT SHALL BE CONDUCTED AMONG THE
 EMPLOYEES IN THE UNIT FOUND APPROPRIATE AS SOON AS POSSIBLE FOLLOWING
 THE CONCLUSION OF THE ABOVE-REFERENCED POSTING PERIOD.  THE APPROPRIATE
 REGIONAL DIRECTOR SHALL SUPERVISE OR CONDUCT AS APPROPRIATE THE
 ELECTION, SUBJECT TO THE AUTHORITY'S RULES AND REGULATIONS.  ELIGIBLE TO
 VOTE ARE THOSE IN THE VOTING GROUPS WHO WERE EMPLOYED DURING THE PAYROLL
 PERIOD IMMEDIATELY PRECEDING THE DATE BELOW, INCLUDING EMPLOYEES WHO DID
 NOT WORK DURING THE PERIOD BECAUSE THEY WERE OUT ILL, OR ON VACATION OR
 FURLOUGH, INCLUDING THOSE IN THE MILITARY SERVICE WHO APPEAR IN PERSON
 AT THE POLLS.  INELIGIBLE TO VOTE ARE EMPLOYEES WHO HAVE QUIT OR WERE
 DISCHARGED FOR CAUSE SINCE THE DESIGNATED PAYROLL PERIOD AND WHO HAVE
 NOT BEEN REHIRED OR REINSTATED BEFORE THE ELECTION DATE.  THOSE ELIGIBLE
 TO VOTE WITHIN THE APPROPRIATE UNIT SHALL VOTE WHETHER THEY DESIRE TO BE
 REPRESENTED FOR THE PURPOSE OF EXCLUSIVE RECOGNITION BY THE PANAMA
 DEPARTMENT OF DEFENSE EMPLOYEES COALITION, AFL-CIO, CTRP;  BY THE
 NATIONAL MARITIME UNION OF AMERICA, AFL-CIO;  OR BY NEITHER.
 
    ISSUED, WASHINGTON,D.C., DECEMBER 31, 1981
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
                                APPENDIX A
 
    BASED ON A STIPULATION BY THE PARTIES, INCUMBENTS IN THE LISTED
 POSITIONS BELOW ARE 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.  (TABLE
 OMITTED)
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ THE NAME OF THE ACTIVITY APPEARS AS AMENDED AT THE HEARING.
 
    /2/ SECTION 7112.  DETERMINATION OF APPROPRIATE UNITS FOR LABOR
 ORGANIZATION REPRESENTATION
 
    (A)(1) THE AUTHORITY SHALL DETERMINE THE APPROPRIATENESS OF ANY UNIT.
  THE AUTHORITY SHALL DETERMINE IN EACH CASE WHETHER, IN ORDER TO ENSURE
 EMPLOYEES THE FULLEST FREEDOM IN EXERCISING THE RIGHTS GUARANTEED UNDER
 THIS CHAPTER, THE APPROPRIATE UNIT SHOULD BE ESTABLISHED ON AN AGENCY,
 PLANT, INSTALLATION, FUNCTIONAL, OR OTHER BASIS AND SHALL DETERMINE ANY
 UNIT TO BE AN APPROPRIATE UNIT ONLY IF THE DETERMINATION WILL ENSURE A
 CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST AMONG THE EMPLOYEES IN THE
 UNIT AND WILL PROMOTE EFFECTIVE DEALINGS WITH, AND EFFICIENCY OF THE
 OPERATIONS OF, THE AGENCY INVOLVED.
 
    /3/ IN THIS REGARD, THE AUTHORITY NOTES THAT THE PANAMA CANAL ACT OF
 1979 SPECIFICALLY EXTENDED COVERAGE OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE TO, AMONG OTHERS, EMPLOYEES OF
 EXECUTIVE AGENCIES OPERATING IN THE AREA OF THE REPUBLIC OF PANAMA.
 
    /4/ THE PARTIES STIPULATED THAT EXCHANGE DETECTIVES SHOULD BE
 EXCLUDED FROM THE UNIT.
 
    /5/ THE PARTIES STIPULATED THAT CASUAL AND ON-CALL INTERMITTENT
 EMPLOYEES SHOULD BE EXCLUDED FROM THE UNIT.
 
    /6/ THE AUTHORITY WAS ADMINISTRATIVELY ADVISED THAT THE PETITIONED
 FOR UNIT WAS NOT INTENDED TO INCLUDE PROFESSIONAL EMPLOYEES.