Defense Contracts Administration Services Region, Boston, Massachusetts (Activity/Petitioner) and National Association of Government Employees, Local R2-56 (Labor Organization/Intervenor) and National Association of Government Employees, Local R2-65 (Labor Organization/Intervenor); Defense Contracts Administration Services Region, Boston, Massachusetts (Activity/Petitioner) and National Association of Government Employees, Local R2-45 (Labor Organization/Intervenor) and National Association of Government Employees, Local R2-65 (Labor Organization/Intervenor)

 



[ v08 p279 ]
08:0279(66)RA
The decision of the Authority follows:


 8 FLRA No. 66
 
 DEFENSE CONTRACTS ADMINISTRATION
 SERVICES REGION, BOSTON, MASSACHUSETTS
 Activity/Petitioner
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCAL R2-56
 Labor Organization/Intervenor
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCAL R2-65
 Labor Organization/Intervenor
 
                                            Case No. 1-RA-2
 
 
 DEFENSE CONTRACTS ADMINISTRATION SERVICES
 REGION, BOSTON, MASSACHUSETTS
 Activity/Petitioner
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES,
 LOCAL R2-45
 Labor Organization/Intervenor
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES,
 LOCAL R2-65
 Labor Organization/Intervenor
 
                                            Case No. 1-RA-3
 
                DECISION AND ORDER ON CLARIFICATION OF UNIT
 
    UPON PETITIONS 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 THESE CASES THE AUTHORITY FINDS:
 
    THE DEFENSE CONTRACTS ADMINISTRATION SERVICES REGION, BOSTON,
 MASSACHUSETTS (ACTIVITY) REORGANIZED ITS NEW YORK STATE FIELD
 INSTALLATIONS EFFECTIVE NOVEMBER 1, 1979.  PRIOR TO THE REORGANIZATION
 THE INSTALLATIONS LOCATED IN SYRACUSE, BUFFALO, AND BINGHAMTON, NEW
 YORK, AND IBM, OWEGO, NEW YORK, WERE AT THE SAME ORGANIZATIONAL LEVEL--
 DEFENSE CONTRACTS ADMINISTRATION SERVICES MANAGEMENT AREA (DCASMA) OR
 DEFENSE CONTRACTS ADMINISTRATION SERVICES PLANT REPRESENTATIVE OFFICE
 (DCASPRO).  /1/ AS A RESULT OF THE REORGANIZATION THE DCASMAS AT BUFFALO
 AND BINGHAMTON WERE DOWNGRADED TO "RESIDENCIES" AND PLACED UNDER THE
 COMMAND OF DCASMA SYRACUSE.  THE REORGANIZATION ALSO CREATED A DCASPRO
 OUT OF THE RESIDENCY THAT WAS LOCATED AT SINGER-LINK.
 
    THE INCUMBENT UNIONS INVOLVED HEREIN ARE THREE LOCALS OF THE NATIONAL
 ASSOCIATION OF GOVERNMENT EMPLOYEES.  LOCAL R2-65 WAS RECOGNIZED IN MAY,
 1969, AS THE EXCLUSIVE REPRESENTATIVE OF A UNIT OF ALL EMPLOYEES
 REPORTING DIRECTLY OR INDIRECTLY TO THE COMMANDER, DCASMA SYRACUSE,
 EXCLUDING MANAGEMENT OFFICIALS, SUPERVISORS AND THE SECRETARY TO THE
 COMMANDER.  LOCAL R2-45 WAS RECOGNIZED IN SEPTEMBER, 1966, AS THE
 EXCLUSIVE REPRESENTATIVE OF A UNIT OF ALL EMPLOYEES REPORTING DIRECTLY
 TO THE COMMANDER, DCASMA BUFFALO, NEW YORK, EXCLUDING MANAGEMENT
 OFFICIALS, SUPERVISORS, ENGINEERS AND THE SECRETARY TO THE COMMANDER.
 LOCAL R2-56 WAS RECOGNIZED IN JUNE, 1968, AS THE EXCLUSIVE
 REPRESENTATIVE OF A UNIT OF ALL EMPLOYEES AT BINGHAMTON, NEW YORK,
 DCASMA EXCLUDING ENGINEERS, SUPERVISORY PERSONNEL, AND THE SECRETARY TO
 THE CHIEF OF THE DEFENSE CONTRACT ADMINISTRATION SERVICES OFFICE.
 EMPLOYEES AT IBM OWEGO /2/ AND BINGHAMTON EMPLOYEES LOCATED AT
 SINGER-LINK PRIOR TO THE INSTANT REORGANIZATION WERE ALSO PART OF THIS
 UNIT.
 
    THE ACTIVITY'S PETITIONS IN EFFECT ASK THAT THE BARGAINING UNIT AT
 SYRACUSE, CURRENTLY EXCLUSIVELY REPRESENTED BY LOCAL R2-65, BE CLARIFIED
 TO INCLUDE THE BARGAINING UNIT EMPLOYEES AT BINGHAMTON, (CURRENTLY
 EXCLUSIVELY REPRESENTED BY LOCAL R2-56), AND THE BARGAINING UNIT
 EMPLOYEES AT BUFFALO, (CURRENTLY EXCLUSIVELY REPRESENTED BY LOCAL
 R2-45), WHERE UNITS CEASED TO EXIST AS SEPARATE BARGAINING UNITS
 FOLLOWING THE REORGANIZATION.  THE ACTIVITY FURTHER SEEKS TO HAVE
 ELECTIONS DIRECTED, RESPECTIVELY, FOR THE EMPLOYEES AT DCASPRO IBM
 OWEGO, AND DCASPRO SINGER-LINK.
 
    THE RECORD ESTABLISHES THAT ALL PERSONNEL POLICIES AND PRACTICES FOR
 THE ACTIVITY ARE CENTRALLY ESTABLISHED BY THE REGION COMMANDER AT DCASR
 BOSTON, AND ADMINISTERED BY THE COMMANDERS AT THE DCASMA AND DCASPRO
 LEVEL FOR THE EMPLOYEES UNDER THEIR CHAIN OF COMMAND.  ALL EMPLOYEES
 UNDER EACH DCASMA AND DCASPRO SHARE THE SAME CONDITIONS OF EMPLOYMENT,
 AND AREAS OF CONSIDERATION FOR REDUCTION-IN-FORCE (RIF) AND MERIT
 PROMOTION, REGARDLESS OF THEIR GEOGRAPHIC LOCATION.  AS THE
 INSTALLATIONS AT BINGHAMTON AND BUFFALO HAVE BEEN DOWNGRADED TO THE
 LEVEL OF "RESIDENCIES" AND PLACED UNDER THE COMMAND OF DCASMA SYRACUSE,
 THE EMPLOYEES THERE ARE SUBJECT TO THE SAME PERSONNEL POLICIES AND
 PRACTICES AND SHARE THE SAME AREAS OF CONSIDERATION FOR PROMOTION AND
 RIFS AS DO ALL OTHER DCASMA SYRACUSE EMPLOYEES AND NO LONGER SHARE A
 SEPARATE AND DISTINCT COMMUNITY OF INTEREST.  FURTHER, WITH THE
 DOWNGRADING, THE AUTHORITY AND RESPONSIBILITY TO ENGAGE IN COLLECTIVE
 BARGAINING WITH THE EXCLUSIVE REPRESENTATIVE NO LONGER REST AT THE
 BINGHAMTON AND BUFFALO LEVEL BUT RATHER WITH THE COMMANDER AT THE DCASMA
 SYRACUSE.
 
    BASED UPON THE FOREGOING, THE AUTHORITY CONCLUDES THAT THE
 APPROPRIATE BARGAINING UNIT SHOULD INCLUDE ALL EMPLOYEES UNDER THE
 COMMAND OF DCASMA SYRACUSE, AS THIS UNIT 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." 5 U.S.C. 7112(A)(1).  THE BARGAINING UNIT AT
 DCASMA SYRACUSE, CURRENTLY EXCLUSIVELY REPRESENTED BY LOCAL R2-65, IS
 HEREBY CLARIFIED TO INCLUDE ALL QUALIFIED EMPLOYEES LOCATED AT DCAS
 BINGHAMTON AND DCAS BUFFALO WHO ARE NOW ORGANIZATIONALLY PART OF
 SYRACUSE DCASMA AND WHO FORMERLY WERE REPRESENTED BY LOCAL R2-56, AND
 LOCAL R2-45, RESPECTIVELY.
 
    PREVIOUSLY, THE EMPLOYEES STATIONED AT IBM OWEGO AND SINGER-LINK,
 RESPECTIVELY, WERE BINGHAMTON EMPLOYEES IN THE UNIT EXCLUSIVELY
 REPRESENTED BY LOCAL R2-56.  AS A RESULT OF THE REORGANIZATION THE
 INSTALLATIONS AT IBM OWEGO AND SINGER-LINK WERE UPGRADED TO DCASPROS AND
 ARE NOW AT AN ORGANIZATIONAL LEVEL EQUAL TO DCASMA SYRACUSE (SEE N. 1).
 AT THE TIME OF REORGANIZATION APPROXIMATELY 20 BINGHAMTON EMPLOYEES
 ALREADY STATIONED THERE.  THESE FORMER BINGHAMTON EMPLOYEES BECAME THE
 SINGER-LINK DCASPRO AT THE TIME BINGHAMTON WAS DOWNGRADED TO A RESIDENCY
 REPORTING TO DCASMA SYRACUSE.
 
    WHEREAS THE ACTIVITY-PETITIONER SEEKS REPRESENTATION ELECTIONS AT IBM
 OWEGO AND SINGER-LINK, OR ALTERNATIVELY AN ELECTION FOR A SINGLE
 RESIDUAL UNIT, THE INCUMBENT, LOCAL R2-56, OPPOSES ANY ELECTION.  IT
 ARGUES THAT THE EMPLOYEES ARE PERFORMING THE SAME DUTIES, MOST OF THEM
 IN THE SAME LOCATION, AND UNDER THE SAME CONDITIONS AS BEFORE, AND THAT
 IT HAS PREVIOUSLY REPRESENTED THE EMPLOYEES IN BOTH UNITS AND SHOULD
 CONTINUE TO DO SO.
 
    NOTING PARTICULARLY THE FACT THAT SINGER-LINK AND IBM OWEGO UNITS
 WOULD REFLECT THE ADMINISTRATIVE AND ORGANIZATIONAL STRUCTURE OF THE
 ACTIVITY AND THAT THEIR EMPLOYEES, WHO WERE PREVIOUSLY REPRESENTED BY
 LOCAL R2-56, CONTINUE TO PERFORM THE SAME JOB FUNCTIONS UNDER SIMILAR
 WORKING CONDITIONS FOLLOWING THE REORGANIZATION, THE AUTHORITY FINDS
 THAT SINGER-LINK AND IBM OWEGO ARE APPROPRIATE UNITS THAT SHOULD
 CONTINUE TO BE EXCLUSIVELY REPRESENTED BY NAGE LOCAL R2-56.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE UNIT AT THE DEFENSE CONTRACTS
 ADMINISTRATION SERVICES MANAGEMENT AREA, SYRACUSE, NEW YORK, CURRENTLY
 EXCLUSIVELY REPRESENTED BY THE NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCAL R2-65, WHICH WAS RECOGNIZED IN MAY OF 1969, BE, AND IT
 HEREBY IS, CLARIFIED BY INCLUDING IN SAID UNIT ALL ELIGIBLE EMPLOYEES AT
 THE RESIDENCIES LOCATED AT BUFFALO AND BINGHAMTON, NEW YORK.
 
    IT IS FURTHER ORDERED THAT THE PETITION IN CASE NO. 1-RA-2 SEEKING
 ELECTIONS AT THE DEFENSE CONTRACTS ADMINISTRATION SERVICES PLANT
 REPRESENTATIVE OFFICE LOCATED AT IBM OWEGO AND SINGER-LINK, 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/ DCASMA AND DCASPRO OCCUPY THE SAME ORGANIZATIONAL LEVEL AND HAVE
 THE SAME RESPONSIBILITIES WITHIN THE ACTIVITY'S ORGANIZATIONAL
 HIERARCHY.
 
    /2/ THE DCASPRO AT IBM OWEGO WAS CREATED OUT OF DCASMA BINGHAMTON ON
 FEBRUARY 1, 1978.  THE ACTIVITY FILED A PETITION WITH THE ASSISTANT
 SECRETARY OF LABOR UNDER EXECUTIVE ORDER 11491, AS AMENDED, TO SEVER THE
 UNIT FROM THE BINGHAMTON UNIT WHICH WAS DISMISSED.  8 A/SLMR 1340
 (1978).  IBM OWEGO WAS FOUND TO REMAIN AS PART OF THE BINGHAMTON UNIT
 FROM WHICH IT WAS CREATED.