10:0543(92)RO - Coast Guard Air Station Cape Cod Otis AFB, Pocasset, MA and NAGE -- 1982 FLRAdec RP



[ v10 p543 ]
10:0543(92)RO
The decision of the Authority follows:


 10 FLRA No. 92
 
 U.S. COAST GUARD AIR STATION CAPE COD
 OTIS AIR FORCE BASE
 POCASSET, MASSACHUSETTS /1/
 Activity
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES
 Labor Organization/Petitioner
 
                                            Case No. 1-RO-34
 
                            DECISION AND ORDER
 
    UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
 UNDER SECTION 7111 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.
  THEY ARE HEREBY AFFIRMED.
 
    UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
 PARTIES' CONTENTIONS, THE AUTHORITY FINDS:  THE NATIONAL ASSOCIATION OF
 GOVERNMENT EMPLOYEES (NAGE) SEEKS TO REPRESENT A UNIT OF ALL
 FIREFIGHTERS AND FIRE INSPECTORS EMPLOYED BY THE U.S. COAST GUARD AIR
 STATION, CAPE COD, OTIS AIR FORCE BASE, POCASSET, MASSACHUSETTS.  /2/
 SINCE SEPTEMBER 1976, THESE EMPLOYEES /3/ HAVE BEEN PART OF A UNIT
 REPRESENTED BY AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO,
 LOCAL 1846 (AFGE).  /4/ THE ACTIVITY CONTENDS THAT GRANTING THE PETITION
 WOULD RESULT IN UNNECESSARY FRAGMENTATION OF AN APPROPRIATE UNIT.
 
    IN INTERNATIONAL COMMUNICATIONS AGENCY, 5 FLRA NO. 19 (1981) THE
 AUTHORITY STATED THAT WHEN DECIDING A QUESTION CONCERNING SEVERANCE,
 SUCH AS THAT INVOLVED HEREIN, IT MUST APPLY THE THREE CRITERIA FOR
 DETERMINING THE APPROPRIATENESS OF ANY UNIT SET FORTH IN SECTION
 7112(A)(1) OF THE STATUTE.  THUS. IN RESOLVING THE INSTANT CASE, THE
 AUTHORITY MUST DETERMINE WHETHER THE UNIT SOUGHT BY NAGE WILL ENSURE A
 CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST AMONG EMPLOYEES AND WILL
 PROMOTE EFFECTIVE DEALINGS WITH, AND EFFICIENCY OF THE OPERATIONS OF,
 THE ACTIVITY.
 
    THE RECORD ESTABLISHES THAT THE ACTIVITY-WIDE UNIT CURRENTLY
 REPRESENTED BY AFGE IS APPROPRIATE, AS ALL OF THE ACTIVITY'S EMPLOYEES
 INCLUDING THE FIREFIGHTERS AND FIRE INSPECTORS SHARE A COMMUNITY OF
 INTEREST AT THE ACTIVITY LEVEL AND THAT SUCH UNIT PROMOTES EFFECTIVE
 DEALINGS AND EFFICIENCY OF AGENCY OPERATIONS.  THUS, ALL OF THE
 ACTIVITY'S EMPLOYEES SHARE A COMMON MISSION, ARE SUBJECT TO THE SAME
 MERIT PROMOTION POLICIES AND COMPETITIVE AREAS, AND HAVE BEEN PART OF A
 LONG-STANDING, ESTABLISHED BARGAINING UNIT.  FURTHER, THERE IS NO
 EVIDENCE TO DEMONSTRATE THAT FIREFIGHTERS AND FIRE INSPECTORS HAVE NOT
 BEEN REPRESENTED FAIRLY OR THAT THEIR BARGAINING CONCERNS HAVE BEEN
 OVERLOOKED BY AFGE.  /5/ FINALLY, AND IN AGREEMENT WITH THE ACTIVITY