Long Beach Naval Shipyard, Long Beach, California (Activity) and International Federation of Professional and Technical Engineers, Local 174, AFL-CIO & CLC (Labor Organization/Petitioner) and American Federation of Government Employees, Local 2237, AFL-CIO (Labor Organization/Intervenor)

 



[ v08 p271 ]
08:0271(63)CU
The decision of the Authority follows:


 8 FLRA No. 63
 
 LONG BEACH NAVAL SHIPYARD
 LONG BEACH, CALIFORNIA
 Activity
 
 and
 
 INTERNATIONAL FEDERATION OF
 PROFESSIONAL AND TECHNICAL ENGINEERS,
 LOCAL 174, AFL-CIO & CLC
 Labor Organization/Petitioner
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 LOCAL 2237, AFL-CIO
 Labor Organization/Intervenor /1/
 
                                            Case No. 8-CU-13
 
         DECISION AND ORDER ON PETITION FOR CLARIFICATION OF UNIT
 
    AS A RESULT OF 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,
 INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS, LOCAL
 174, AFL-CIO & CLC (IFPTE), SEEKS TO CLARIFY ITS EXISTING EXCLUSIVELY
 RECOGNIZED UNIT BY INCLUDING, THEREIN, THE POSITION OF INDUSTRIAL
 SUGGESTION SPECIALIST, GS-1101-7, WHICH IT CONTENDS IS THAT OF A
 TECHNICAL EMPLOYEE.  THE ACTIVITY MAINTAINS THAT SUCH POSITION IS
 ADMINISTRATIVE IN NATURE AND, HENCE, INCLUDED IN A UNIT REPRESENTED BY
 AFGE RATHER THAN INCLUDED IN THE IFPTE UNIT.  THE RECORD CONTAINS NO
 INDICATION AS TO AFGE'S POSITION.
 
    IFPTE HOLDS EXCLUSIVE RECOGNITION FOR A UNIT CONSISTING OF "ALL
 GRADED NON-PROFESSIONAL TECHNICAL EMPLOYEES IN THE ENGINEERING SCIENCES
 AND RELATED FIELDS IN THE UNIT, EXCLUDING SUPERVISORS AND MANAGERIAL
 EXECUTIVES." AFGE HOLDS RECOGNITION FOR A UNIT COMPOSED OF ALL GENERAL
 SCHEDULE EMPLOYEES OF THE LONG BEACH NAVAL SHIPYARD WITH THE NORMAL
 EXCLUSIONS INCLUDING EMPLOYEES COVERED BY EXISTING GRANTS OF EXCLUSIVE
 RECOGNITION.
 
    THE POSITION OF INDUSTRIAL SUGGESTION SPECIALIST WAS ESTABLISHED AT
 THE ACTIVITY IN APPROXIMATELY 1971 AFTER BOTH THE ABOVE-DESCRIBED UNITS
 WERE RECOGNIZED.  THE PRIMARY PURPOSE OF THE INDUSTRIAL SUGGESTION
 SPECIALIST IS TO ADMINISTER AND COORDINATE THE BENEFICIAL SUGGESTIONS
 PROGRAM IN AN ASSIGNED ORGANIZATIONAL JURISDICTION.  /2/
 
    THE AUTHORITY FINDS THAT THE INDUSTRIAL SUGGESTION SPECIALISTS ARE
 NOT TECHNICAL EMPLOYEES AND, HENCE, ARE NOT WITHIN THE SCOPE OF THE
 IFPTE UNIT.  IN THIS REGARD THE AUTHORITY NOTES THAT, WHILE THEY MAY
 UTILIZE EXPERTISE IN A TECHNICAL AREA, THEY ARE INVOLVED IN AN
 ADMINISTRATIVE PROGRAM (I.E., THE BENEFICIAL SUGGESTION PROGRAM).  THUS,
 THEIR JOB EFFORT DOES NOT INVOLVE DIRECT PARTICIPATION IN A PROGRAM OR
 PRODUCTION OF A TECHNICAL NATURE.  RATHER, THEY ARE CHARGED WITH
 ADMINISTERING AN EMPLOYEE SUGGESTION PROGRAM WHICH, PERIPHERALLY,
 RELATES TO A TECHNICAL AREA.  THUS, THE AUTHORITY CONCLUDES THAT THE
 INDUSTRIAL SUGGESTION SPECIALISTS ARE NOT INCLUDED IN THE UNIT FOR WHICH
 IFPTE HOLDS RECOGNITION.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE PETITION, WHICH SEEKS TO CLARIFY THE
 UNIT FOR WHICH INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL
 ENGINEERS, LOCAL 174, HOLDS EXCLUSIVE RECOGNITION, BY INCLUDING,
 THEREIN, THE POSITION OF INDUSTRIAL SUGGESTION SPECIALIST, GS-1101-07,
 BE, AND IT HEREBY IS, DISMISSED.
 
    ISSUED, WASHINGTON, D.C., MARCH 26, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ DESPITE NOTIFICATION OF THE HEARING SCHEDULED IN THE INSTANT
 CASE, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 2237, (AFGE)
 DID NOT APPEAR AT THE PROCEEDING.
 
    /2/ OF THREE INDUSTRIAL SUGGESTION SPECIALIST POS