U.S. Department of the Navy, Marine Corps Base, Camp Pendleton, California (Activity) and Federal Firefighters Association, Inc. Local F-85, IAFF (Petitioner)

 



[ v08 p276 ]
08:0276(65)CU
The decision of the Authority follows:


 8 FLRA No. 65
 
 U.S. DEPARTMENT OF THE NAVY
 MARINE CORPS BASE,
 CAMP PENDLETON, CALIFORNIA
 Activity
 
 and
 
 FEDERAL FIREFIGHTERS ASSOCIATION, INC.
 LOCAL, F-85, IAFF
 Petitioner
 
                                            Case No. 8-CU-23
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    UPON A PETITION DULY FILED 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 HEARING OFFICER'S
 RULINGS MADE AT THE HEARING ARE FREE FROM PREJUDICIAL ERROR AND ARE
 HEREBY AFFIRMED.
 
    UPON THE ENTIRE RECORD IN THIS CASE, INCLUDING BRIEFS FILED BY BOTH
 PARTIES, THE AUTHORITY FINDS:
 
    THE PETITIONER SEEKS TO CLARIFY AN EXISTING EXCLUSIVELY RECOGNIZED
 UNIT OF FIRE PROTECTION PERSONNEL AT THE MARINE CORPS BASE, CAMP
 PENDLETON (THE ACTIVITY) /1/ TO INCLUDE INDIVIDUALS CLASSIFIED AS FIRE
 CAPTAIN, GS-081-6, AND ASSISTANT FIRE CHIEF, GS-081-8.  THE ACTIVITY
 CONTENDS THAT THE INCUMBENTS IN THE SUBJECT POSITIONS ARE SUPERVISORS
 WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE STATUTE /2/ AND, ON
 THIS BASIS, OPPOSES THEIR INCLUSION IN THE RECOGNIZED UNIT.
 
    THE FIRE DEPARTMENT IS A COMPONENT OF THE MARINE CORPS BASE, CAMP
 PENDLETON, CALIFORNIA, AND IS RESPONSIBLE FOR FIRE PROTECTION AT THE
 BASE.  THE DEPARTMENT OPERATES SEVEN FIRE STATIONS, AND EIGHT FIRE
 ENGINE COMPANIES.  UNDER THE DIRECTION OF THE FIRE CHIEF AND DEPUTY
 CHIEF, THE DEPARTMENT IS COMPOSED OF 2 ASSISTANT FIRE CHIEFS, 16 FIRE
 CAPTAINS (THE CLASSIFICATIONS HERE IN DISPUTE) AND 78 FIREFIGHTERS.  IN
 ADDITION, THE DEPARTMENT INCLUDES THE FOLLOWING:  A CHIEF INSPECTOR, 2
 RESCUE OFFICERS, 3 DISPATCHERS AND 2 CLERKS.
 
    THE FIREFIGHTING PERSONNEL ARE DIVIDED INTO TWO SHIFTS WHICH
 ALTERNATE ON DUTY FOR A 24-HOUR 7:30 A.M. TO 7:30 A.M. SHIFT.  EACH
 SHIFT IS ASSIGNED FIRE CAPTAINS AND FIREFIGHTERS.  BOTH THE CHIEF AND
 THE DEPUTY CHIEF WORK AN 8-HOUR 7:30 A.M. TO 3:30 P.M. SHIFT ON MONDAY,
 TUESDAY, THURSDAY, AND FRIDAY, AND A 24-HOUR 7:30 A.M. TO 7:30 A.M.
 SHIFT OF WEDNESDAY.  THE TWO ASSISTANT CHIEFS WORK ON ALTERNATE DAYS ON
 A 24-HOUR 7:30 A.M. TO 7:30 A.M. BASIS, WITH WEDNESDAY OFF.
 
                         FIRE CAPTAINS (GS-081-6)
 
    BASED ON THE ENTIRE RECORD, THE AUTHORITY FINDS THAT THE FIRE
 CAPTAINS ARE NOT SUPERVISORS WITHIN THE MEANING OF SECTION 71-3(A)(10)
 OF THE STATUTE.  THUS, ALTHOUGH FIRE CAPTAINS HAVE THE AUTHORITY TO
 DIRECT AND ASSIGN FIREFIGHTING PERSONNEL IN CERTAIN SITUATIONS, THE
 EVIDENCE ESTABLISHES THAT THE EXERCISE OF THE AUTHORITY IS ROUTINE OR
 CLERICAL IN NATURE AND DOES NOT REQUIRE THE CONSISTENT EXERCISE OF
 INDEPENDENT JUD