09:0687(81)NG - Service Employees' International Union Local 556 and Army, Office of the Adjutant General, Hale Koa Hotel, Honolulu, HI -- 1982 FLRAdec NG



[ v09 p687 ]
09:0687(81)NG
The decision of the Authority follows:


 9 FLRA No. 81
 
 SERVICE EMPLOYEES' INTERNATIONAL
 UNION, AFL-CIO, LOCAL 556
 Union
 
 and
 
 DEPARTMENT OF THE ARMY,
 OFFICE OF THE ADJUTANT GENERAL,
 HALE KOA HOTEL, HONOLULU, HAWAII
 Agency
 
                                            Case No. O-NG-306
 
                 DECISION AND ORDER ON NEGOTIABILITY ISSUE
 
    THIS CASE COMES BEFORE THE FEDERAL LABOR RELATIONS AUTHORITY (THE
 AUTHORITY) PURSUANT TO SECTION 7105(A)(2)(E) OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE).  UPON CAREFUL
 CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE PARTIES' CONTENTIONS,
 THE AUTHORITY MAKES THE FOLLOWING DETERMINATIONS.
 
    PRIOR TO A REORGANIZATION, THE HALE KOA HOTEL WAS PART OF THE U.S.
 ARMY SUPPORT COMMAND, HAWAII (USASCH).  UNDER A REORGANIZATION, THE HALE
 KOA HOTEL AND ITS EMPLOYEES WERE TRANSFERRED ADMINISTRATIVELY FROM THE
 CONTROL AND SUPERVISION OF THE COMMANDER, USASCH TO THE OFFICE OF THE
 ADJUTANT GENERAL (THE AGENCY).  SUBSEQUENT TO THE REORGANIZATION, THE
 UNION PETITIONED TO BE AND WAS CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE
 OF A NEW AND SEPARATE UNIT COMPRISED ONLY OF HALE KOA HOTEL EMPLOYEES.
 (CASE NO. 8-RO-17).  /1/
 
    FURTHER, AS A RESULT OF THE REORGANIZATION, USASCH DETERMINED THAT
 THE EMPLOYEES OF THE HALE KOA HOTEL WERE NO LONGER IN THE USASCH
 COMPETITIVE AREA FOR REDUCTION-IN-FORCE (RIF) PURPOSES.  THE UNION
 THEREUPON FILED AN UNFAIR LABOR PRACTICE CHARGE (CASE NO.  8-CA-352),
 ALLEGING THAT THE USASCH HAD VIOLATED SECTION 7116(A)(1) AND (5) OF THE
 STATUTE BY CHANGING THE ESTABLISHED COMPETITIVE AREA UNILATERALLY AND
 WITHOUT CONSULTATION IN THIS REGARD.  THE REGIONAL DIRECTOR FOR REGION 8
 DISMISSED THE CHARGE, HOLDING THAT THE HALE KOA EMPLOYEES WERE NO LONGER
 EMPLOYEES OF THE USASCH AND HELD THAT THE USASCH NO LONGER WAS UNDER ANY
 OBLIGATION TO INCLUDE THE HALE KOA EMPLOYEES IN ITS COMPETITIVE AREA FOR
 RIF PURPOSES, AS THEY WERE NOW UNDER THE JURISDICTION OF THE ADJUTANT
 GENERAL'S OFFICE.  THE UNION'S SUBSEQUENT APPEAL TO THE GENERAL COUNSEL
 WAS DENIED.
 
    THE UNION THEN SUBMITTED TO THE AGENCY THE BARGAINING PROPOSAL HERE
 IN DISPUTE, TO REESTABLISH A COMPETITIVE AREA FOR RIF PURPOSES COVERING
 BOTH THE AGENCY'S EMPLOYEES AND EMPLOYEES OF USASCH INSTALLATIONS.  (THE
 TEXT OF THE UNION'S PROPOSAL IS SET FORTH IN THE APPENDIX.) THE
 AUTHORITY CONCLUDES, FOR THE FOLLOWING REASONS WHICH ARE CONSISTENT WITH
 THOSE OF THE REGIONAL DIRECTOR IN DISMISSING THE RELATED UNFAIR LABOR
 PRACTICE CHARGE INVOLVING THE USASCH, THE INSTANT PROPOSAL IS NOT W