08:0643(113)RA - Navy, Naval Civilian Personnel Command, Pacific Field Division and AFGE Local 882 and Air Force, 15th Air Base Wing, Hickam AFB, HI; Army, Army Support Command, HI and Hawaii Federal Lodge 1998, IAM -- 1982 FLRAdec RP



[ v08 p643 ]
08:0643(113)RA
The decision of the Authority follows:


 8 FLRA No. 113
 
 DEPARTMENT OF THE NAVY
 NAVAL CIVILIAN PERSONNEL COMMAND
 PACIFIC FIELD DIVISION
 Activity/Petitioner
 
 and
                                            Case Nos. 8-RA-6 
                                                      8-RA-7 
                                                      8-RA-8
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 882, AFL-CIO
 Labor Organization
 
 and
 
 U.S. AIR FORCE,
 15TH AIR BASE WING,
 HICKAM AIR FORCE BASE, HAWAII
 Intervenor /1/
 
 
 DEPARTMENT OF THE ARMY,
 U.S. ARMY SUPPORT COMMAND, HAWAII
 Activity/Petitioner
 
 and
                                            Case No. 8-RA-3
 
 HAWAII FEDERAL LODGE 1998,
 INTERNATIONAL ASSOCIATION OF
 MACHINISTS AND AEROSPACE WORKERS,
 AFL-CIO
 Labor Organization
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    UPON PETITIONS DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
 (THE 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 HEARING OFFICER'S
 RULINGS MADE AT THE HEARING ARE FREE FROM PREJUDICIAL ERROR AND ARE
 HEREBY AFFIRMED.
 
    UPON THE ENTIRE RECORD IN THIS CASE, THE AUTHORITY FINDS:  IN CASE
 NO. 8-RA-3, THE ACTIVITY/PETITIONER, U.S. ARMY SUPPORT COMMAND (ARMY),
 CONTENDS THAT A BARGAINING UNIT OF ITS EMPLOYEES DESCRIBED AS INCLUDING
 ALL FIREFIGHTER PERSONNEL ASSIGNED TO THE FIRE PREVENTION AND PROTECTION
 DIVISION, DIRECTORATE OF ENGINEERING AND HOUSING, AND FOR WHICH THE
 HAWAII FEDERAL LODGE 1998, INTERNATIONAL ASSOCIATION OF MACHINISTS AND
 AEROSPACE WORKERS, AFL-CIO (IAM) WAS RECOGNIZED AS THE EXCLUSIVE
 REPRESENTATIVE ON SEPTEMBER 9, 1963, IS NO LONGER APPROPRIATE FOR THE
 PURPOSE OF EXCLUSIVE RECOGNITION UNDER THE STATUTE AS A CONSEQUENCE OF A
 REORGANIZATION BY THE DEPARTMENT OF DEFENSE WHICH CONSOLIDATED THE FIRE
 PROTECTION AND SUPPRESSION FUNCTIONS ON THE ISLAND OF OAHU, HAWAII,
 UNDER THE NAVY AND RESULTED IN THE TRANSFER OF ALL 53 ARMY FIREFIGHTING
 EMPLOYEES TO THE NAVY.
 
    IN CASE NO. 8-RA-6, THE NAVY ORIGINALLY CONTENDED THAT, AS A
 CONSEQUENCE OF THE REORGANIZATION, IT WAS UNCLEAR WHETHER THE BARGAINING
 UNIT, CONSISTING OF ALL (APPROXIMATELY 171) GRADED EMPLOYEES OF THE NAVY
 CONSOLIDATED FIRE DEPARTMENT, NAVAL STATION, PEARL HARBOR, HAWAII
 (NCFD), CONTINUED TO BE REPRESENTED BY THE AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, LOCAL 882, AFL-CIO (AFGE), THE RECOGNIZED
 EXCLUSIVE BARGAINING REPRESENTATIVE OF THE UNIT SINCE MAY 1, 1964, OR BY
 IAM.  DURING THE HEARING, THE NAVY AMENDED THE PETITION IN CASE NO.
 8-RA-6 TO A CLARIFICATION OF UNIT (CU) PETITION, CONTENDING THAT, AS A
 CONSEQUENCE OF THE REORGANIZATION, THE ARMY FIREFIGHTERS AS WELL AS 10
 AIR FORCE FIREFIGHTERS AND 17 NEWLY HIRED EMPLOYEES HAD ACCRETED TO THE
 NAVY UNIT.  /2/ AFGE, IN AGREEMENT WITH THE NAVY, CONTENDS THAT SUCH
 EMPLOYEES ACCRETED TO ITS UNIT AS A CONSEQUENCE OF THE REORGANIZATION,
 AND THAT NO QUESTION CONCERNING REPRESENTATION HAS BEEN RAISED.  IAM
 CONTENDS, ON THE OTHER HAND, THAT THE CONSOLIDATION OF THE ARMY
 EMPLOYEES IT REPRESENTS WITH THE NAVY EMPLOYEES REPRESENTED BY THE AFGE
 HAS RESULTED IN A QUESTION CONCERNING REPRESENTATION WHICH SHOULD BE
 RESOLVED BY AN ELECTION AMONG SUCH EMPLOYEES.
 
    THE REGIONAL DIRECTOR ORIGINALLY ISSUED A REPORT AND FINDINGS ON
 PETITIONS FOR DETERMINATION OF REPRESENTATIVE STATUS IN WHICH HE FOUND
 THAT, AS A RESULT OF THE REORGANIZATION, CERTAIN EMPLOYEES OF THE ARMY
 AND THE AIR FORCE TRANSFERRED TO THE NAVY, AND ACCRETED TO THE UNIT
 REPRESENTED BY AFGE.  FURTHER, THE REGIONAL DIRECTOR FOUND THAT THE
 UNIT, AFTER THE REORGANIZATION, CONTINUED TO BE APPROPRIATE FOR PURPOSES
 OF EXCLUSIVE RECOGNITION UNDER THE STATUTE.  THEREAFTER, THE AUTHORITY
 GRANTED THE IAM'S REQUEST FOR REVIEW, AND REMANDED THE CASE TO THE
 REGIONAL DIRECTOR FOR A HEARING IN ORDER TO ESTABLISH A FULL AND
 COMPLETE RECORD WITH RESPECT TO ALL ISSUES.
 
    THE RECORD ESTABLISHES THAT, PURSUANT TO POLICIES AND GUIDELINES
 ISSUED BY THE DEPARTMENT OF DEFENSE (DOD), A DECISION WAS MADE TO
 CONSOLIDATE DOD FIRE PROTECTION AND SUPPRESSION FUNCTIONS ON THE ISLAND
 OF OAHU UNDER THE SUPERVISION AND DIRECTION OF THE NAVY.  SUBSEQUENTLY,
 THESE RESPONSIBILITIES WERE GIVEN TO THE NAVAL CONSOLIDATED FIRE
 DEPARTMENT (NCFD) WHICH, UNDER THE COMMAND OF THE SECURITY DEPARTMENT,
 NAVAL STATION, PEARL HARBOR, HAD BEEN RESPONSIBLE FOR ALL FIRE
 PROTECTION AND SUPPRESSION SERVICES, INCLUDING SHIPBOARD FIREFIGHTING,
 FOR VIRTUALLY ALL NAVY AND MARINE CORPS ACTIVITIES ON THE ISLAND OF
 OAHU.  THEREAFTER, THE NCFD WAS RENAMED THE FEDERAL FIRE DEPARTMENT OAHU
 (FFDO) AND WAS CHARGED WITH THE MISSION OF PROVIDING THESE SERVICES,
 INCLUDING AIRCRAFT FIREFIGHTING, FOR ALL NAVY, ARMY AIR FORCE, AND
 MARINE CORPS INSTALLATIONS ON THE ISLAND OF OAHU, WITH THE EXCEPTION OF
 HICKAM AIR FORCE BASE (AIR FORCE CIVILIAN AND MILITARY PERSONNEL) AND
 KANEOHE MARINE CORPS AIR STATION (ONLY MILITARY PERSONNEL).  THEREAFTER,
 IN OCTOBER 1979, APPROXIMATELY 10 FIREFIGHTERS EMPLOYED BY THE AIR FORCE
 AND STATIONED AT WHEELER AIR FORCE BASE AS PART OF A BARGAINING UNIT
 REPRESENTED BY THE AFGE, WERE TRANSFERRED TO THE NAVY AND ASSIGNED TO
 THE FFDO.  IN NOVEMBER 1979, APPROXIMATELY 53 FIREFIGHTERS EMPLOYED BY
 THE ARMY AND STATIONED AT WHEELER AIR FORCE BASE, FORT SHAFTER AND
 SCHOFIELD BARRACKS, CONSTITUTING THE ENTIRE BARGAINING UNIT REPRESENTED
 BY IAM, WERE TRANSFERRED TO THE NAVY AND ASSIGNED TO THE FFDO.
 THEREAFTER, 14 FIREFIGHTERS WERE TRANSFERRED FROM THE NAVAL AIR STATION,
 BARKERS POINT, OAHU.  CONSEQUENTLY, TO AN ORIGINAL NCFD UNIT OF
 APPROXIMATELY 171 FIREFIGHTING EMPLOYEES, THE REORGANIZATION ADDED 10
 FROM THE AIR FORCE, 53 FROM THE ARMY, AND 14 FROM OTHER NAVAL UNITS.
 COUPLED WITH NEW HIRES OF APPROXIMATELY 17, THESE ACTIONS RESULTED IN A
 TOTAL OF 265 EMPLOYEES BEING LOCATED IN THE FFDO.
 
    UNDER THE DIRECTION OF THE FIRE CHIEF AND HIS DEPUTY, THE FFDO IS
 ORGANIZED INTO AN ADMINISTRATIVE DIVISION, A TRAINING DIVISION, A FIRE
 PREVENTION DIVISION, AND A FIRE SUPPRESSION AND PROTECTION DIVISION.
 THE LATTER DIVISION IS ORGANIZED INTO 3 DISTRICTS, EACH OF WHICH IS
 HEADED BY 2 SUPERVISORY FIREFIGHTERS;  THE 3 DISTRICTS INCLUDE 14 FIRE
 STATIONS AND A FIRE EQUIPMENT AND SUPPLY BRANCH.  FOLLOWING THE
 REORGANIZATION, ALL FFDO EMPLOYEES PERFORM ESSENTIALLY SIMILAR AND
 RELATED FUNCTIONS AND ENJOY UNIFORM JOB CLASSIFICATIONS, POSITION
 DESCRIPTIONS AND JOB PERFORMANCE STANDARDS.  THEY ARE SUBJECT TO UNIFORM
 REGULATIONS AS TO DUTIES, TRAINING, AND SHIFT REQUIREMENTS, AND ARE
 REQUIRED TO WEAR A STANDARD UNIFORM WHILE PERFORMING THEIR DUTIES.  THEY
 ARE SUBJECT TO COMMON PERSONNEL POLICIES AND PRACTICES, INCLUDING LABOR
 RELATING POLICIES ESTABLISHED AND IMPLEMENTED BY A COMMON SERVICING
 PERSONNEL OFFICE, AND ENJOY COMMON AREAS OF CONSIDERATION FOR PROMOTION
 AND REDUCTION-IN-FORCE PURPOSES.  FINALLY, THE EVIDENCE ESTABLISHES THAT
 THERE IS SUBSTANTIAL TRANSFER AND INTERCHANGE AMONG ALL EMPLOYEES.
 
    IN VIEW OF THE ABOVE, THE AUTHORITY FINDS THAT THE EMPLOYEES
 TRANSFERRED FROM THE AIR FORCE AND THE ARMY HAVE ACCRETED TO THE UNIT OF
 NAVY FIREFIGHTERS REPRESENTED BY AFGE, AND THAT THE UNIT OF ARMY
 FIREFIGHTERS PREVIOUSLY REPRESENTED BY IAM NO LONGER EXISTS.  THUS, THE
 EVIDENCE ESTABLISHES THAT NEITHER THE FORMER ARMY FIREFIGHTING EMPLOYEES
 NOR THE FORMER AIR FORCE FIREFIGHTING EMPLOYEES ENJOY A COMMUNITY OF
 INTEREST SEPARATE AND DISTINCT FROM EACH OTHER OR FROM THE NAVY
 FIREFIGHTING EMPLOYEES;  INDEED, THE EMPLOYMENT ORIGINS OF ALL THESE
 EMPLOYEES ARE NOW INDISTINGUISHABLE, SINCE THEY HAVE BEEN
 ORGANIZATIONALLY AND OPERATIONALLY INTEGRATED INTO THE FFDO.  THE
 EVIDENCE FURTHER ESTABLISHES THAT ALL EMPLOYEES OF FFDO, IRRESPECTIVE OF
 EMPLOYMENT ORIGIN, SHARE A CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST
 AND THAT, FOLLOWING THE REORGANIZATION TO CONSOLIDATE THE FIREFIGHTING
 FUNCTIONS UNDER THE NAVY, THE UNIT EXCLUSIVELY REPRESENTED BY AFGE
 CONTINUES AS WELL TO PROMOTE EFFECTIVE DEALINGS AND EFFICIENCY OF AGENCY
 OPERATIONS AND IS, THEREFORE, APPROPRIATE FOR THE PURPOSES OF EXCLUSIVE
 RECOGNITION.  /3/
 
    ACCORDINGLY, THE AUTHORITY WILL CLARIFY THE UNIT REPRESENTED
 EXCLUSIVELY BY AFGE BY INCLUDING THEREIN ALL ELIGIBLE EMPLOYEES
 TRANSFERRED TO THE NAVY AND ASSIGNED TO FFDO.  SEE DEPARTMENT OF THE
 NAVY, NAVAL SUPPLY CENTER, OAKLAND, CALIFORNIA, 5 FLRA NO. 103(1981);
 DEFENSE CONTRACT ADMINISTRATION SERVICES REGION, ST. LOUIS, MISSOURI, 5
 FLRA NO.  37(1981).  /4/ FURTHER, IN ACCORDANCE WITH THE CLEAR INTENT OF
 THE PARTIES AS REFLECTED IN THE RECORD HEREIN, THE AUTHORITY WILL TREAT
 THE AMENDED PETITION IN CASE NO. 8-RA-6 AS THOUGH A COMPANION AMENDMENT
 OF CERTIFICATION (AC) PETITION HAD BEEN FILED, AND WILL AMEND THE
 DESCRIPTION OF THE UNIT EXCLUSIVELY REPRESENTED BY AFGE TO REFLECT THE
 CHANGES IN ORGANIZATIONAL IDENTIFICATION RESULTING FROM THE
 REORGANIZATION.  /5/ FINALLY, NOTING THAT THE REORGANIZATION RESULTED IN
 THE TRANSFER TO THE NAVY OF ALL THE ARMY EMPLOYEES IN THE BARGAINING
 UNIT REPRESENTED EXCLUSIVELY BY THE IAM, THE AUTHORITY FINDS THAT SUCH
 UNIT NO LONGER EXISTS AND WILL DISMISS THE PETITION FILED IN CASE NO.
 8-RA-3.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE BARGAINING UNIT OF ALL GRADED EMPLOYEES
 OF THE NAVY CONSOLIDATED FIRE DEPARTMENT, NAVAL STATION, PEARL HARBOR,
 HAWAII, FOR WHICH THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL
 882, AFL-CIO WAS RECOGNIZED AS THE EXCLUSIVE REPRESENTATIVE ON MAY 1,
 1964, BE, AND IT HEREBY IS, CLARIFIED TO INCLUDE ELIGIBLE EMPLOYEES
 TRANSFERRED TO THE NAVY FROM THE AIR FORCE AND THE ARMY AS A RESULT OF
 THE REORGANIZATION AND CONSOLIDATION OF FIRE PROTECTION AND SUPPRESSION
 FUNCTIONS ON THE ISLAND OF OAHU IN 1979 BY THE DEPARTMENT OF DEFENSE.
 
    IT IS FURTHER ORDERED THAT THE ABOVE-DESCRIBED EXCLUSIVELY RECOGNIZED
 BARGAINING UNIT OF FIRE FIGHTING EMPLOYEES OF THE U.S. NAVY ON THE
 ISLAND OF OAHU BE AMENDED TO REFLECT CHANGES IN ORGANIZATIONAL
 DESIGNATION FROM NAVY CONSOLIDATED FIRE DEPARTMENT (NCFD) TO FEDERAL
 FIRE DEPARTMENT OAHU (FFDO).  THE UNIT DESCRIPTION, AS AMENDED, IS:
 
    ALL NON-PROFESSIONAL GENERAL SCHEDULE EMPLOYEES OF THE OAHU FEDERAL
 FIRE DEPARTMENT, NAVAL
 
    STATION, PEARL HARBOR, HAWAII, INCLUDING FIRE CAPTAINS, SUPERVISORY
 FIRE FIGHTERS, GS-6,
 
    EXCLUDING ALL PROFESSIONAL EMPLOYEES, MANAGEMENT OFFICIALS,
 SUPERVISORS, AND EMPLOYEES
 
    DESCRIBED IN 5 U.S.C. 7112(B)(2), (3), (4), (6), AND (7).
 
    IT IS FURTHER ORDERED THAT THE PETITION IN CASE NO. 8-RA-3 BE, AND IT
 HEREBY IS, DISMISSED.
 
    DATED, WASHINGTON, D.C., MAY 19, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ THE HEARING OFFICER GRANTED A MOTION TO INTERVENE BY THE U.S.
 AIR FORCE, 15TH AIR BASE WING, HICKAM AIR FORCE BASE TO PARTICIPATE IN
 THE ABOVE-CAPTIONED PROCEEDING.
 
    /2/ IN ADDITION, AT THE HEARING, THE NAVY, WITH THE APPROVAL OF THE
 HEARING OFFICER, WITHDREW ITS PETITIONS IN CASE NOS. 8-RA-7 AND 8-RA-8,
 WHICH CONCERNED, RESPECTIVELY, THE ARMY UNIT AT ISSUE IN CASE NO.
 8-RA-3, AND A UNIT OF AIR FORCE FIREFIGHTERS.
 
    /3/ SEE SECTION 7112(A)(1) OF THE STATUTE.
 
    /4/ IN FINDING THAT THE UNIT EXCLUSIVELY REPRESENTED BY AFGE REMAINED
 UNCHANGED AFTER THE REORGANIZATION AND CONTINUES TO BE APPROPRIATE FOR
 THE PURPOSES OF EXCLUSIVE RECOGNITION, THE AUTHORITY FURTHER FINDS THAT
 A QUESTION CONCERNING REPRESENTATION HAS NOT BEEN RAISED AND,
 CONSEQUENTLY, AN ELECTION IS NOT NECESSARY.
 
    /5/ SEE U.S. ARMY COMMUNICATIONS COMMAND AGENCY, ST. LOUIS, MO., 2
 FLRA NO. 26(1979);  DEPARTMENT OF AGRICULTURE, ANIMAL PLANT HEALTH
 INSP