11:0105(28)UC - Army Training and Doctrine Command and NAGE -- 1983 FLRAdec RP



[ v11 p105 ]
11:0105(28)UC
The decision of the Authority follows:


 11 FLRA No. 28
 
 U.S. ARMY TRAINING AND DOCTRINE COMMAND
 Activity
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES
 Labor Organization/Petitioner
 
                                            Case No. 3-UC-21
 
                            DECISION AND ORDER
 
    Upon a petition duly filed with the Federal Labor Relations Authority
 under section 7112(d) 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.
  The rulings are hereby affirmed.
 
    Upon the entire record in this case, including the contentions of the
 parties, the Authority finds:
 
    The National Association of Government Employees (NAGE) filed the
 instant petition seeking to consolidate 11 units within the U.S. Army
 Training and Doctrine Command (TRADOC) for which it is the exclusive
 representative.  /1/ The units presently represented by NAGE and covered
 by the petition are set forth in the Appendix.
 
    TRADOC contends that the proposed consolidated unit, which would
 cover approximately 5,800 out of TRADOC's total civilian workforce of
 38,000 employees in 11 of the 56 bargaining units (encompassing
 approximately 26,800 employees) exclusively represented within TRADOC is
 not appropriate for the purpose of exclusive recognition because it does
 not meet the criteria established by section 7112(a)(1) of the Statute.
 /2/ More specifically, it contends that the employees in the proposed
 unit do not share a community of interest because they neither share a
 common mission, common overall supervision, similar job classifications
 and working conditions, nor similar labor relations policies and
 practices.  TRADOC additionally argues that the proposed consolidated
 unit is not appropriate because three of the units exclusively
 represented by NAGE at TRADOC's Fort Lee, Virginia facility are not
 included in the petitioned for consolidated unit.  /3/ It contends that
 failure to include these three units would destroy an existing
 multi-unit bargaining relationship and would neither serve the interests
 of employees nor promote effective dealings between the parties.
 Further, TRADOC argues that the mission of each of its 17 installations
 is distinctly different, that each installation commander has been
 delegated authority to operate and maintain the respective installation
 and that the proposed consolidated unit therefore would not promote
 either effective dealings or efficiency of operations.
 
    NAGE contends that the proposed consolidated unit satisfies the
 requisite criteria for consolidation under section 7112(a)(1) of the
 Statute.  It is NAGE's contention that the employees sought to be
 included in the proposed unit share a clear and identifiable community
 of interest as evidenced by such factors as a common mission, common
 working conditions, and common labor relations programs and policies.
 It further argues that consolidation would promote effective dealings by
 providing for a more effective use of manpower and resources and by
 raising negotiations to a higher, more professional level, and would
 also promote the efficiency of TRADOC operations by creating a more
 comprehensive bargaining unit.
 
    TRADOC is an intermediate level, subordinate command known as a Major
 Army Command of the United States Army with its headquarters at Fort
 Monroe, Virginia, and is commanded by a General of the Army.  In
 addition to its headquarters function, TRADOC commands 17 Army
 installations located in 14 states that include 24 schools, 4 Reserve
 Officer Training Corps Regional Headquarters, and 3 Army Training
 Support Centers.  It also has several Army training centers and several
 analytic, test and experimental activities.  The Command headquarters
 employs approximately 38,000 civilian employees and had stationed at its
 various installations approximately 56,000 military personnel during
 fiscal year 1980.  TRADOC's mission is to prepare the Army for war by
 developing operational concepts for military operations on the
 integrated conventional, nuclear and chemical battlefield;  by
 developing and managing the system that trains the entire Army in
 strategies, tactics, materiel systems, and force organizations and
 structures;  and by providing and operating installations and mission
 support activities.
 
    Approximately 5,800 employees at 5 installations in 11 bargaining
 units are included in the proposed consolidated unit, representing about
 15% of TRADOC's total civilian workforce of approximately 38,000.  The
 missions and functions of the 5 affected installations are different.
 Fort Bliss is primarily responsible for air defense training.  Fort
 Eustis is the transportation and military doctrine training center for
 officers and enlisted students attending the Transportation School.  The
 Army Training Center is also located at Fort Eustis.  Fort Lee has the
 responsibility of covering all aspects of logistics and is the home of
 the Quartermaster Center and School.  Fort Pickett, a sub-division of
 Fort Lee, provides for combat training.  Fort Leonard Wood trains
 personnel, ranging from electricians to bridge builders and heavy
 equipment operators, in engineering methodology.
 
    Each installation has its own civilian personnel office and a
 labor-management staff to deal with organizing efforts, negotiation and
 administration of labor agreements, training, resolution of grievances,
 and the processing of unfair labor practice charges and negotiability
 appeals.  There are no civilian personnel manuals supplemented by TRADOC
 and, as a result, personnel policies and regulations are interpreted at
 each installation by the local civilian personnel office on behalf of
 the local commander.  The authority to hire, appoint, transfer,
 separate, discipline and bargain is vested in the local commanders and
 supervisors.  However, TRADOC headquarters reviews the contracts of each
 installation for compliance with TRADOC and Department of the Army
 regulations and reviews filings of unfair labor practice charges,
 impasses and appellate matters beyond the local level.
 
    NAGE represents 11 of the 56 bargaining units at 5 of TRADOC's 17
 installations.  Three of these 11 units consist exclusively of TRADOC
 employees and the other eight, in addition to TRADOC employees, also
 include employees who report to other major Army commands.  The
 multi-command units were created as a result of reorganizations within
 the Department of the Army.  With regard to the agreements covering the
 multi-command units, they are usually signed by each employer and the
 installation commander.  Three of the installations included in the
 petition are located in Virginia and the other two are in Missouri and
 Texas, respectively.  Although many of the job classifications are
 similar, more than one-half are located at only one or two of the five
 installations.  The employees in the 11 units are not in the same area
 of consideration with regard to merit promotion or reduction-in-force
 actions and there is minimal interchange among the employees in the
 respective units.
 
    In Department of Transportation, Washington, D.C., 5 FLRA No. 89
 (1981), the Authority dismissed petitions to consolidate units noting
 that section 7112(a)(1) of the Statute requires any unit found
 appropriate to conform to the three criteria established by that
 section-- a clear and identifiable community of interest among the
 employees in the unit;  and the promotion of effective dealings with,
 and the efficiency of the operations of, the agency involved.  The
 Authority further noted that section 7112(d) of the Statute, /4/ which
 provides for the consolidation of existing units into a single more
 comprehensive unit, requires that such consolidated unit meet the same
 three criteria required of any proposed unit.
 
    With regard to the community of interest criterion, the Authority
 will consider the degree of commonality and integration of the mission
 and function of the components involved;  the distribution of the
 employees involved throughout the organizational and geographical
 components of the agency;  the degree of similarity in the occupational
 undertakings of the employees in the proposed unit;  and the locus and
 scope of personnel and labor relations authority and functions.
 Department of the Navy, U.S. Marine Corps, 8 FLRA No. 4 (1982).  As
 noted above, the proposed consolidated unit herein would be limited to
 employees at only 5 of the 17 TRADOC installations, and NAGE does not
 represent all of the employees at any of the five.  Most of the
 employees included in the petition, representing only about 15% of the
 TRADOC civilian workforce, have different job classifications and
 working conditions because of uniqueness of mission.  Others included in
 the petition are not employed by TRADOC at all, but are covered at the
 local level by multi-employer agreements.  The job classifications and
 the conditions of employment at each installation appear to relate to
 specific and unique local functions.  Conversely, in some instances
 where the job classifications and functions of employees exclusively
 represented by NAGE within TRADOC are similar at several locations
 (e.g., commissary employees and firefighters), NAGE has sought to
 include some of these employees within the proposed consolidated unit
 while excluding others (see n. 3, supra).  Further, there seems to be a
 minimal amount of interchange of employees from one NAGE unit to
 another.  Moreover, personnel authority and control of labor relations
 historically have been delegated to each local installation.  Based on
 these facts, the Authority finds that the petitioned for consolidated
 unit would not ensure a clear and identifiable community of interest
 among the employees involved and will order that the petition be
 dismissed.  /5/
 
                                   ORDER
 
    IT IS ORDERED that the petition in Case No. 3-UC-21 be, and it hereby
 is, dismissed.  Issued, Washington, D.C., January 27, 1983
                                       Ronald W. Haughton, Chairman
                                       Henry B. Frazier III, Member
                                       Leon B. Applewhaite, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
                APPENDIX - Units Sought to be Consolidated
 
 Unit (1) Included:
 
          All non-supervisory Wage Grade and Classification Act employees
       assigned to the Adjutant General Reproduction Branch whose duty
       station is Fort Eustis, Virginia.
 
          Excluded:
 
          Management officials, supervisors, guards, Federal personnel
       workers in other than a purely clerical capacity as defined in
       Executive Order 11491, as amended.
 
 Unit (2) Included:
 
          All non-supervisory General Schedule employees of the U.S. Army
       Transportation Center and Fort Eustis, U.S. Army Medical
       Department Activities, Fort Eustis, the U.S. Army Dental
       Activities with duty station at Fort Eustis, and the Fort Eustis
       Commissary Store, U.S. Army Troop Support Agency.
 
          Excluded:
 
          Employees in other recognized bargaining units at Fort Eustis,
       Virginia, professionals, management officials, employees engaged
       in Federal personnel work except in a purely clerical capacity,
       guards and supervisors.
 
 Unit (3) Included:
 
          All non-supervisory Wage Grade employees of the U.S. Army
       Transportation Center and Fort Eustis, U.S. Medical Department
       Activities, Fort Eustis, and the Fort Eustis Commissary Store,
       U.S. Army Troop Support Agency.
 
          Excluded:
 
          Employees in other recognized bargaining units at Fort Eustis,
       Virginia, management officials, employees engaged in Federal
       personnel work except in a purely clerical capacity, guards, and
       supervisors.
 
 Unit (4) Included:
 
          All GS and WG employees of Headquarters, Fort Monroe, Fort
       Monroe, Virginia, the United States Army Health Services Command
       Medical Department Activity, Fort Eustis, Virginia, and the United
       States Army Communications Command Agency, Fort Monroe, Virginia.
 
          Excluded:
 
          Employees engaged in Federal personnel work in other than a
       clerical capacity, professionals, guards, casual and/or temporary
       employees.
 
 Unit (5) Included:
 
          All full time civilian employees of Headquarters Fort Monroe,
       Fort Monroe, Virginia, the United States Army Health Services
       Command Medical Department Activity, Fort Eustis, Virginia, and
       the United States Army Communications Command Agency, Fort Monroe,
       Virginia.
 
          Excluded:
 
          Management officials, supervisors, guards, employees engaged in
       Federal personnel work in other than a purely clerical capacity,
       professional employees, summer hire employees or other similar
       special authority employees and nonappropriated fund employees,
       including Army, Air Force Exchange employees.
 
 Unit (6) Included:
 
          All eligible Wage Grade (WG) employees within the boundaries of
       the Fort Lee Reservation of the U.S. Army Quartermaster Center and
       Fort Lee under the jurisdiction of the Command General, Fort Lee,
       Virginia, U.S. Army Communications Command, under the jurisdiction
       of the Commander, USACC Agency, Fort Lee, Virginia, and U.S. Army
       Health Services Command under the jurisdiction of the Commander,
       MEDDAC, Fort Lee, Virginia.
 
          Excluded:
 
          Commissary employees, management officials, professionals,
       employees engaged in Federal personnel work except in a purely
       clerical capacity, guards, and supervisors, as defined in
       Executive Order 11491, as amended.
 
 Unit (7) Included:
 
          All eligible Wage Grade employees of the U.S. Army Garrison,
       Camp Pickett, Virginia, stationed.within the boundaries of the
       Camp Pickett Reservation, under the jurisdiction of the Commander,
       U.S. Army Quartermaster Center and Fort Lee, Fort Lee, Virginia,
       and the Commander, U.S. Army Communications Command, Fort Lee,
       Virginia.
 
          Excluded:
 
          Management officials and supervisors, employees engaged in
       Federal personnel work in other than a purely clerical capacity,
       guards, and professional employees.
 
 Unit (8) Included:
 
          All full time, permanent, non-supervisory, appropriated fund,
       Wage Grade employees stationed at Fort Bliss, Texas, for whom the
       Commanding General, United States Army Air Defense Center and Fort
       Bliss, Fort Bliss, Texas, the Commanding Officer, U.S. Army
       Communications Command Agency, Fort Bliss, Texas, and the
       Commissary Officer, U.S. Army Troop Support Agency, U.S. Army
       Commissary at Fort Bliss, Texas, have been delegated appointing
       authority.
 
          Excluded:
 
          All management officials, supervisors, professional employees,
       guards, non-appropriated fund employees, General Schedule (GS)
       employees, employees engaged in Federal personnel work in other
       than a purely clerical capacity, and all employees assigned to
       tenant activities for which the Commanding General, United States
       Army Air Defense Center and Fort Bliss, does not have delegated
       appointing authority with the exception of the U.S. Army
       Communications Command Agency, Fort Bliss, Texas and the U.S. Army
       Troop Support Agency, U.S. Army Commissary at Fort Bliss, Texas.
 
 Unit (9) Included:
 
          All non-supervisory employees of the Fire Prevention and
       Protection Division, Director of Facilities Engineering, U.S. Army
       Air Defense Center and Fort Bliss, Fort Bliss, Texas.
 
          Excluded:
 
          All management officials, supervisors, professional employees,
       any employee engaged in Federal Personnel work in other than a
       purely clerical capacity and guards.
 
 Unit (10) Included:
 
          All full time non-supervisory General Schedule appropriated
       fund employees stationed at Fort Bliss, Texas, serviced by the
       Fort Bliss Civilian Personnel Office, and for whom the Commanding
       General, U.S. Army Air Defense Center and Fort Bliss, Fort Bliss,
       Texas, the Commanding Officer, U.S. Army Communications Command
       Agency, Fort Bliss, Texas, and the Commissary Officer, U.S. Army
       Troop Support Agency, U.S. Army Commissary at Fort Bliss, Texas,
       have been delegated appointing authority.
 
          Excluded:
 
          All professional employees, management officials, confidential
       employees, employees of the Fire Prevention and Protection
       Division, Wage Grade employees, employees engaged in Federal
       personnel work in other than a purely clerical capacity, all
       temporary employees employed 90 days or less, and supervisors as
       defined in Executive Order 11491, as amended.
 
 Unit (11) Included:
 
          All Wage Grade employees of the United States Army Training
       Center Engineer and Fort Leonard Wood, and all Wage Grade
       employees of the United States Army Health Services Command and
       the United States Army Communications Command with duty station at
       Fort Leonard Wood, Missouri.
 
          Excluded:
 
          Em