11:0587(97)CU DIGEST HEADINGS STATUTE SUBJECT MATTER INDEX ENTRIES DIGEST NOTES DECISION AND ORDER CLARIFYING UNIT ORDER -- 1983 FLRAdec CU
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The decision of the Authority follows:
11 FLRA NO. 97
DEFENSE LOGISTICS AGENCY DEFENSE CONTRACT ADMINISTRATION SERVICES REGION, CLEVELAND, OHIO Activity/Petitioner and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 2795, AFL-CIO Labor Organization Case No. 5-CU-37
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 American Federation of Government Employees, Local 2795, AFL - CIO (AFGE) has represented a unit described as "All non-supervisory non-professional employees of the following Defense Logistics Agency offices: Defense Contract Administration Services Management Area (DCASMA), Detroit, Michigan; DCASMA Ottawa, Canada; and DCASMA Grand Rapids, Michigan" which, since May 9, 1979, has been part of a nationwide consolidated unit exclusively represented by the American Federation of Government Employees, AFL - CIO.
The Activity's petition seeks a determination as to whether, after an October 1, 1980 organizational change which elevated Williams International Corporation (WIC), 1 Walled Lake, Michigan and Teledyne [ v11 p587 ] Continental Aviation and Engineering Corporation (Teledyne), Toledo, Ohio, from Residencies 2 to Defense Contract Administration Services Region Plant Representative Offices (DCASPROs), the employees involved should continue to be included in the exclusively recognized unit. The Activity/Petitioner takes the position that the organizational change had no effect on the bargaining unit and that the continued inclusion of the no effect on the bargaining unit and that the continued inclusion of the Activity's employees located at WIC and Teledyne in AFGE's unit would promote effective dealings and efficiency of agency operations. AFGE has always represented the employees at WIC and Teledyne as part of its exclusively recognized unit and wishes to continue representing them. In sum, both parties favor the clarification sought.
The record reveals that the Activity is one of nine field regions of the Defense Logistics Agency. It provides contract administration services in support of the Department of Defense and other Federal agencies. The Activity is organizationally composed of lead offices located throughout the geographic area under its jurisdiction. These offices are responsible for the achievement of the Activity's mission within the geographic area of their respective responsibilities. The Activity has secondary level field offices called "DCASMAs" and "DCASPROs." The DCASMAs have operational responsibility for contract administration services performed in support of customers served by the Activity and report directly to the Activity. AFGE represents three of the five Activity DCASMAs, including those in Detroit, Grand Rapids and Ottawa. The DCASPROs are established to serve a single contractor and to provide specified operational contract administration services in support of customers served by the Activity. The DCASPROs also report directly to the Activity. There are currently three DCASPROs within the DCASR, including the former Residencies of WIC and Teledyne. [ v11 p588 ]
Although the October 1, 1980 reorganization established the Activity's employees at WIC and Teledyne as DCASPROs and removed them from the operational jurisdiction of DCASMA Detroit, both WIC and Teledyne continue to be serviced by DCASMA Detroit in several functional areas. Also, WIC and Teledyne employees' jobs have not changed. Thus, they are engaged in quality assurance, procurement, production, contract administration and engineering, and continue to share similar working conditions, uniform personnel policies and practices, areas of consideration for promotions at the GS-7 level and above, and competitive areas for reductions-in-force. There also continues to be some interchange of personnel among WIC, Teledyne and Detroit and, after the reorganization, a number of employees have transferred from DCASMA Detroit to WIC and Teledyne.
In these circumstances, the Authority finds that the employees of the DCASPROs at WIC and Teledyne continue to share a community of interest with the other employees of DCASMA Detroit. Thus, although some reporting requirements have changed, WIC and Teledyne are still serviced in several functional areas by DCASMA Detroit, their employees continue to perform the same job functions, share similar working conditions, are considered together with the other employees of DCASMA Detroit for purposes of promotion and RIFs, are covered by the same personnel policies and practices, and transfer and interchange with DCASMA Detroit employees. It follows that the Activity's employees at WIC and Teledyne continue to share a community of interest with employees in the existing unit, and that their continued inclusion in the existing unit would promote effective dealings and efficiency of agency operations. Accordingly, the Authority shall order that AFGE's bargaining unit be clarified to include the WIC and Teledyne DCASPRO employees.
IT IS HEREBY ORDERED that the unit sought to be clarified herein, in which the American Federation of Government Employees, AFL - CIO, was certified as the exclusive representative for a consolidated unit on May 9, 1979, be and it hereby is, clarified by including in said unit all non-supervisory, full-time employees assigned to the Defense Contract Administration Services Management Areas, Detroit and Grand Rapids; non-supervisory, full-time U.S. citizen employees assigned to the Defense [ v11 p589 ] Contract Administration Services Management Area, Ottawa, Canada; and all non-supervisory, full-time employees assigned to the Defense Contract Administration Services Plant Representative Offices, Williams International Corporation, Walled Lake, Michigan; and Teledyne Continental Aviation and Engineering Corporation, Toledo, Ohio and excluding management officials, supervisors, professionals, and employees engaged in Federal personnel work in other than a purely clerical capacity.
Issued, Washington, D.C., March 14, 1983 Ronald W. Haughton, Chairman Henry B, Frazier III, Member Leon B. Applewhaite, Member FEDERAL LABOR RELATIONS AUTHORITY
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Footnote 1 The petition is amended to reflect the parties' stipulation that the name of Williams Research Center was changed to Williams International Corporation in June 1981.
Footnote 2 A "Residency" is a location at which Defense Contract Administration Services (DCAS) personnel are stationed on a full-time basis to provide contract administration services to contractors, while remaining organizationally part of their respective functional elements at the parent activity, i.e., Defense Contract Administration Services Management Area (DCASMA) or Defense Contract Administration Services Plant Representative Office (DCASPRO). A DCAS Residency does not report as an organizational entity, but functionally reports to its parent DCASMA or DCASPRO. Prior to the reorganization, the WIC and Teledyne Residencies reported to DCASMA Detroit.