09:0143(17)RO - Fort Buchanan Installation, Club Management System, Fort Buchanan, PR and Congreso De Uniones Industriales De Puerto Rico -- 1982 FLRAdec RP



[ v09 p143 ]
09:0143(17)RO
The decision of the Authority follows:


 9 FLRA No. 17
 
 FORT BUCHANAN INSTALLATION
 CLUB MANAGEMENT SYSTEM
 FORT BUCHANAN, PUERTO RICO
 Activity
 
 and
 
 CONGRESO DE UNIONES INDUSTRIALES
 DE PUERTO RICO
 Labor Organization/Petitioner
 
                                            Case No. 2-RO-42
 
                    DECISION AND DIRECTION OF ELECTION
 
    UPON A PETITION DULY FILED UNDER SECTION 7111(B)(1) OF THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE), A HEARING WAS
 HELD BEFORE A HEARING OFFICER OF THE AUTHORITY.  /1/ 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 SEEKS TO REPRESENT A UNIT OF CURRENTLY UNREPRESENTED
 NONAPPROPRIATED FUND EMPLOYEES OF THE FORT BUCHANAN INSTALLATION CLUB
 MANAGEMENT SYSTEM (ACTIVITY), CONSTITUTING ESSENTIALLY ALL
 NONPROFESSIONAL EMPLOYEES OF THE ACTIVITY.
 
    THE PARTIES AGREE, AND IN THE ABSENCE OF CONTRAVENING EVIDENCE THE
 AUTHORITY FINDS, THAT THE UNIT SOUGHT IS APPROPRIATE FOR THE PURPOSE OF
 EXCLUSIVE RECOGNITION UNDER SECTION 7112(A)(1) OF THE STATUTE.  /2/ THE
 ONLY QUESTION HEREIN IS WHETHER ON-CALL AND/OR SCHEDULED INTERMITTENT
 EMPLOYEES SHOULD BE INCLUDED IN THE UNIT.  THE ACTIVITY TAKES THE
 POSITION THAT NO INTERMITTENT EMPLOYEES SHARE THE SAME PERSONNEL
 POLICIES AND PRACTICES OR WORKING CONDITIONS WITH REGULAR PART-TIME AND
 FULL-TIME EMPLOYEES, AND THAT INTERMITTENT EMPLOYEES HAVE NO REASONABLE
 EXPECTANCY OF CONTINUED EMPLOYMENT AT THE ACTIVITY.  THE PETITIONER
 CONTENDS THAT THE INTERMITTENT EMPLOYEES SHARE A COMMUNITY OF INTEREST
 WITH REGULAR PART-TIME AND FULL-TIME EMPLOYEES, THAT THEY HAVE A
 REASONABLE EXPECTANCY OF CONTINUED EMPLOYMENT, AND THAT THEY SHOULD BE
 INCLUDED IN THE UNIT.
 
    THE RECORD REVEALS THAT ON-CALL INTERMITTENT EMPLOYEES WORK WHEN THEY
 ARE NEEDED BY THE ACTIVITY AND THAT SCHEDULED INTERMITTENTS ARE
 SCHEDULED TO WORK ON A PAY-PERIOD BY PAY-PERIOD BASIS.  NEITHER ON-CALL
 NOR SCHEDULED INTERMITTENT EMPLOYEES RECEIVE REGULAR FRINGE BENEFITS,
 AND THEY ARE GOVERNED BY PERSONNEL POLICIES AND PRACTICES SOMEWHAT
 DIFFERENT FROM THOSE OF REGULAR FULL-TIME AND PART-TIME EMPLOYEES.
 HOWEVER, THEY PERFORM SIMILAR WORK, RECEIVE THE SAME TRAINING AND
 SUPERVISION, AND WORK IN THE SAME LOCATIONS AS REGULAR FULL-TIME AND
 PART-TIME EMPLOYEES, AND, LIKE THE REGULAR EMPLOYEES, ARE HOURLY PAID.
 IN ADDITION, WHILE THERE ARE GENERAL STATEMENTS IN THE RECORD INDICATING
 SOME QUESTION AS TO THE REASONABLE EXPECTANCY OF THE INTERMITTENTS'
 CONTINUED EMPLOYMENT, THE ACTIVITY'S EXHIBIT NO. 38 INDICATES OTHERWISE.
  THUS, ACCORDING TO THIS EXHIBIT WHICH WAS COMPILED BY THE ACTIVITY FROM
 ITS PAYROLL RECORDS SHORTLY BEFORE THE HEARING, AND COVERS AT LEAST A
 SIX-MONTH PERIOD, OF APPROXIMATELY 77 EMPLOYEES IN THE TWO INTERMITTENT
 CATEGORIES, MOST (MORE THAN 40) HAD BEEN WORKING FOR THE ENTIRE PERIOD
 AND, OF THE REMAINDER, ALL BUT 10 RECENT HIRES HAD BEEN WORKING
 CONSISTENTLY FOR AT LEAST THE PRECEDING SEVERAL MONTHS.  ACCORDINGLY, IT
 IS CONCLUDED THAT THESE EMPLOYEES HAVE A REASONABLE EXPECTANCY OF
 CONTINUED EMPLOYMENT AND A COMMUNITY OF INTEREST WITH REGULAR FULL-TIME
 AND PART-TIME EMPLOYEES, AND THAT THEIR INCLUSION IN THE PETITIONED FOR
 UNIT WILL PROMOTE EFFECTIVE DEALINGS WITH, AND EFFICIENCY OF THE
 OPERATIONS OF, THE AGENCY.  SEE ARMY AND AIR FORCE EXCHANGE SERVICE,
 PANAMA AREA EXCHANGE, 7 FLRA NO. 76 (1981).
 
    BASED ON THE FOREGOING, THE AUTHORITY FINDS THAT THE FOLLOWING UNIT
 IS APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION WITHIN THE
 MEANING OF THE STATUTE:
 
    ALL EMPLOYEES OF THE FORT BUCHANAN PUERTO RICO CLUB MANAGEMENT
 SYSTEM, EXCLUDING ALL
 
    PROFESSIONAL EMPLOYEES, MANAGEMENT OFFICIALS, SUPERVISOR,
 CONFIDENTIAL EMPLOYEES, EMPLOYEES
 
    ENGAGED IN FEDERAL PERSONNEL WORK OTHER THAN IN A PURELY CLERICAL
 CAPACITY, EMPLOYEES ENGAGED
 
    IN ADMINISTERING THE STATUTE, EMPLOYEES ENGAGED IN INTELLIGENCE OR
 OTHER SECURITY WORK
 
    DIRECTLY AFFECTING NATIONAL SECURITY, AND EMPLOYEES PRIMARILY ENGAGED
 IN INVESTIGATION OR
 
    AUDIT FUNCTIONS RELATED TO THE INTERNAL SECURITY OR INTEGRITY OF THE
 AGENCY AS DESCRIBED IN 5
 
    USC 7112(B)(2), (3), (4), (6) AND (7).
 
                           DIRECTION OF ELECTION
 
    AN ELECTION BY SECRET BALLOT SHALL BE CONDUCTED AMONG THE EMPLOYEES
 IN THE UNIT DESCRIBED ABOVE AS SOON AS FEASIBLE.  THE APPROPRIATE
 REGIONAL DIRECTOR SHALL SUPERVISE OR CONDUCT THE ELECTION, AS
 APPROPRIATE, SUBJECT TO THE AUTHORITY'S RULES AND REGULATIONS.  ELIGIBLE
 TO VOTE ARE THOSE IN THE VOTING GROUP WHO WERE EMPLOYED DURING THE
 PAYROLL PERIOD IMMEDIATELY PRECEDING THE DATE BELOW, INCLUDING EMPLOYEES
 WHO DID NOT WORK DURING THAT PERIOD BECAUSE THEY WERE OUT ILL, OR ON
 VACATION OR ON FURLOUGH, INCLUDING THOSE IN THE MILITARY SERVICE WHO
 APPEAR IN PERSON AT THE POLLS.  INELIGIBLE TO VOTE ARE EMPLOYEES WHO
 HAVE QUIT OR WERE DISCHARGED FOR CAUSE SINCE THE DESIGNATED PAYROLL
 PERIOD AND WHO HAVE NOT BEEN REHIRED OR REINSTATED BEFORE THE ELECTION
 DATE.  THOSE ELIGIBLE SHALL VOTE ON WHETHER OR NOT THEY DESIRE TO BE
 REPRESENTED FOR THE PURPOSE OF EXCLUSIVE RECOGNITION BY THE CONGRESO DE
 UNIONES INDUSTRIALES DE PUERTO RICO.
 
    ISSUED, WASHINGTON, D.C., JUNE 23, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ UPON A MOTION BY THE PETITIONER, AN AGREEMENT FOR CONSENT OR
 DIRECTED ELECTION WAS RESCINDED BY THE REGIONAL DIRECTOR BASED ON HIS
 FINDING THAT SUBSTANTIAL AND MATERIAL ISSUES OF FACT EXISTED CONCERNING
 THE ELIGIBILITY OF INDIVIDUALS EMPLOYED BY THE ACTIVITY ON AN
 INTERMITTENT BASIS.
 
    /2/ SECTION 7112(A)(1) OF THE STATUTE PROVIDES:
 
    SEC. 7112.  DETERMINATION OF APPROPRIATE UNITS FOR LABOR ORGANIZATION
 REPRESENTATION
 
    (A)(1) THE AUTHORITY SHALL DETERMINE THE APPROPRIATENESS OF ANY UNIT.
  THE AUTHORITY SHALL
 
    DETERMINE IN EACH CASE WHETHER, IN ORDER TO ENSURE EMPLOYEES THE
 FULLEST FREEDOM IN EXERCISING
 
    THE RIGHTS GUARANTEED UNDER THIS CHAPTER, THE APPROPRIATE UNIT SHOULD
 BE ESTABLISHED ON AN
 
    AGENCY, PLANT, INSTALLATION, FUNCTIONAL, OR OTHER BASIS AND SHALL
 DETERMINE ANY UNIT TO BE AN
 
    APPROPRIATE UNIT ONLY IF THE DETERMINATION WILL ENSURE A CLEAR AND
 IDENTIFIABLE COMMUNITY OF
 
    INTEREST AMONG THE EMPLOYEES IN THE UNIT AND WILL PROMOTE EFFECTIVE
 DEALINGS WITH, AND