09:0022(3)CU - Naval Air Station, Meridian, MS and Local 2244, AFGE -- 1982 FLRAdec RP



[ v09 p22 ]
09:0022(3)CU
The decision of the Authority follows:


 9 FLRA No. 3
 
 NAVAL AIR STATION,
 MERIDIAN, MISSISSIPPI
 Activity/Petitioner
 
 and
 
 LOCAL 2244, AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO
 Labor Organization
 
                                            Case No. 4-CU-24
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    UPON A PETITION DULY FILED 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 CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
 PARTIES' CONTENTIONS, THE AUTHORITY FINDS:  THE PETITIONER FILED A
 CLARIFICATION OF UNIT PETITION SEEKING A DETERMINATION AS TO WHETHER THE
 EMPLOYEES OF SEVERAL ACTIVITIES WHICH ARE TENANTS AT NAVAL AIR STATION,
 MERIDIAN, MISSISSIPPI (NAS), ARE INCLUDED IN A UNIT OF RECOGNITION
 REPRESENTED BY AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 2244
 (L. 2244).  /1/ RECOGNITION WAS GRANTED TO L. 2244 BY THE COMMANDING
 OFFICER, NAS, IN 1964 FOR A UNIT CONSISTING OF "126 ELIGIBLE EMPLOYEES
 ON THE STATION." AT THE TIME OF RECOGNITION ONLY TWO OF THE TENANTS
 (VT-7 AND VT-9) WHO ARE INVOLVED IN THIS CASE EXISTED AT NAS;  HOWEVER,
 THERE WERE NO CIVILIAN EMPLOYEES ATTACHED TO THEM AT THAT TIME.  THE
 OTHER TENANTS HAVE BEEN ESTABLISHED SINCE RECOGNITION WAS GRANTED.  NAS
 TAKES THE POSITION THAT THE UNIT IS, AND SHOULD BE, LIMITED TO EMPLOYEES
 OF NAS ONLY;  L. 2244, ON THE OTHER HAND, CONTENDS THAT A UNIT
 CONSISTING OF EMPLOYEES OF NAS AS WELL AS THOSE OF THE TENANTS IS
 APPROPRIATE.
 
    THE RECORD REVEALS THAT WHILE, IN SOME INSTANCES, THE EMPLOYEES
 INVOLVED ARE SUBJECT TO SIMILAR PERSONNEL POLICIES, PRACTICES AND
 WORKING CONDITIONS AND ARE PURSUANT TO A SUPPORT AGREEMENT SERVICED BY A
 COMMON PERSONNEL OFFICE, THEY ARE, NEVERTHELESS, UNDER SEPARATE
 COMMANDING OFFICERS OR OFFICERS-IN-CHARGE WHO RETAIN PERSONNEL AND LABOR
 RELATIONS AUTHORITY.  MOREOVER, WHILE THERE IS SOME FUNCTIONAL
 RELATIONSHIP AMONG VARIOUS OF THE TENANTS AND NAS, ON THE WHOLE THE
 TENANTS CONSTITUTE FUNCTIONALLY DISTINCT GROUPS OF EMPLOYEES.  IN VIEW
 OF THESE FACTORS, THE AUTHORITY FINDS THAT INCLUSION OF THE EMPLOYEES OF
 TENANTS WITH THE EMPLOYEES OF NAS WOULD NOT PROMOTE EFFECTIVE DEALINGS
 WITH, OR EFFICIENCY OF THE OPERATIONS OF, THE AGENCY.  /2/ NOR DO THE
 EMPLOYEES OF TENANTS SHARE A CLEAR AND IDENTIFIABLE COMMUNITY OF
 INTEREST WITH EMPLOYEES OF NAS.  SEE DEPARTMENT OF THE NAVY, NAVY
 REGIONAL DATA AUTOMATION CENTER, JACKSONVILLE, FLORIDA AND DEPARTMENT OF
 THE NAVY, REGIONAL ACCOUNTING AND DISBURSING CENTER, JACKSONVILLE,
 FLORIDA, 4 FLRA NO. 18(1980).  THUS, THE AUTHORITY FINDS THAT THE UNIT
 IS APPROPRIATELY LIMITED TO ELIGIBLE EMPLOYEES OF NAS.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED HEREIN BE,
 AND IT HEREBY IS, CLARIFIED TO INCLUDE ONLY EMPLOYEES OF THE NAVAL AIR
 STATION, MERIDIAN, MISSISSIPPI.
 
    ISSUED, WASHINGTON, D.C., JUNE 1, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ A "TENANT" ACTIVITY WAS DEFINED AT THE HEARING AS BEING AN
 ORGANIZATION WHICH IS PHYSICALLY LOCATED ON A BASE BUT WHICH HAS A
 SEPARATE COMMANDING OFFICER OR OFFICER-IN-CHARGE.  THE TENANT ACTIVITIES
 INVOLVED HEREIN ARE:  NAVY TECHNICAL TRAINING CENTER (NTTC);  PERSONNEL
 SUPPORT DETACHMENT (PSD);  NAVAL TRAINING AIR WING 1 (THE WING);  NAVY
 TRAINING SQUADRONS 7, 9, AND 19 (VT-7, VT-9 AND VT-19 OR SQUADRONS);
 MERIDIAN BRANCH CLINIC (MEDICAL), MERIDIAN BRANCH CLINIC (DENTAL);  AND
 DATA PROCESS SERVICING CENTER (NARDAC).
 
    /2/ SECTION 7112(A)(1) OF THE STATUTE PROVIDES:
 
    (A)(1) THE AUTHORITY SHALL DETERMINE THE APPROPRIATENESS OF ANY UNIT.
  THE AUTHORITY SHALL
 
    DETERMINE IN