Local No. 3, International Federation of Professional and Technical Engineers, AFL-CIO-CLC (Labor Organization/Petitioner) and Naval Sea Support Center, Atlantic Detachment (Activity) 

 



[ v07 p626 ]
07:0626(99)RO
The decision of the Authority follows:


 7 FLRA No. 99
 
 LOCAL NO. 3, INTERNATIONAL
 FEDERATION OF PROFESSIONAL
 AND TECHNICAL ENGINEERS,
 AFL-CIO-CLC
 Labor Organization/Petitioner
 
 and
 
 NAVAL SEA SUPPORT CENTER,
 ATLANTIC DETACHMENT
 Activity
 
                                            Case No. 2-RO-41
 
         DECISION AND ORDER ON PETITION FOR CERTIFICATION OF UNIT
 
    UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
 UNDER SECTION 7111(B)(1) 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:  LOCAL NO.
 3, INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS,
 AFL-CIO-CLC (UNION), FILED A PETITION SEEKING AN ELECTION IN A UNIT
 COMPOSED OF ALL EMPLOYEES AT THE NAVAL SEA SUPPORT CENTER, ATLANTIC
 DETACHMENT, TRAINING SYSTEMS DEPARTMENT (TSD), WHICH IS LOCATED IN
 PHILADELPHIA, PENNSYLVANIA.  THE TSD IS ONE OF SEVERAL LINE DEPARTMENTS
 OF THE NAVAL SEA SUPPORT CENTER, ATLANTIC DETACHMENT (ACTIVITY).  THE
 ACTIVITY CONTENDS THAT THE UNIT SOUGHT IS INAPPROPRIATE UNDER THE
 STATUTE ON THE GROUNDS THAT THE EMPLOYEES OF THE TSD DO NOT SHARE A
 COMMUNITY OF INTEREST SEPARATE AND DISTINCT FROM THE EMPLOYEES IN THE
 OTHER LINE DEPARTMENTS OF THE ACTIVITY, AND THAT SUCH A UNIT WOULD LEAD
 TO UNWARRANTED FRAGMENTATION OF THE ACTIVITY AND WOULD NOT PROMOTE
 EFFECTIVE DEALINGS AND EFFICIENCY OF OPERATIONS.  THE ACTIVITY ARGUES
 THAT THE ONLY APPROPRIATE UNIT WOULD BE ACTIVITY-WIDE.  /1/ THE UNION'S
 POSITION THAT THE UNIT SOUGHT IS APPROPRIATE IS BASED ON ITS GEOGRAPHIC
 LOCATION, UNIQUENESS OF FUNCTION AND THE POSITION DESCRIPTIONS OF THE
 TSD'S EMPLOYEES.
 
    THE AUTHORITY FINDS THAT THE UNIT WHICH THE PETITIONER SEEKS TO
 REPRESENT IS NOT APPROPRIATE FOR EXCLUSIVE RECOGNITION UNDER SECTION
 7112(A)(1) OF THE STATUTE.  /2/ THE RECORD ESTABLISHES THAT THE
 EMPLOYEES SOUGHT TO BE INCLUDED DO NOT HAVE A CLEAR AND IDENTIFIABLE
 COMMUNITY OF INTEREST SEPARATE AND DISTINCT FROM THE EMPLOYEES IN THE
 OTHER LINE DEPARTMENTS.  THUS, EMPLOYEES WHO WOULD BE INCLUDED IN THE
 PROPOSED UNIT SHARE WITH OTHER EMPLOYEES OF THE ACTIVITY MANY OF THE
 SAME JOB CLASSIFICATIONS AND ARE SUBJECT TO THE SAME PERSONNEL POLICIES
 AND PRACTICES.  FURTHER, THERE IS EXTENSIVE INTERCHANGE.  THE RECORD
 SHOWS THAT 30 RO 40 PERCENT OF THE WORKING TIME OF THE EMPLOYEES SOUGHT
 IS SPENT ON TEMPORARY DUTY ASSIGNMENTS AWAY FROM TSD AT THE OTHER LINE