12:0306(67)CU - Air Force, HQ 2852d Air Base Group (AFCC) McClellan AFB, CA and NAGE Local R12-58 -- 1983 FLRAdec RP
[ v12 p306 ]
The decision of the Authority follows:
12 FLRA No. 67 DEPARTMENT OF THE AIR FORCE HEADQUARTERS 2852d AIR BASE GROUP (AFCC) MCCLELLAN AIR FORCE BASE, CALIFORNIA Activity and NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCAL R12-58 Labor Organization/Petitioner Case No. 9-CU-25 DECISION AND ORDER Upon a petition duly filed with the Authority 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, /1/ the Authority finds that: NAGE, in its petition, is seeking to amend the description of its bargaining unit to all "eligible employees in the Operations Branch of the Security Police Division * * * " so as to have the unit include only uniformed police officers in the Enforcement Section, Operations Branch, Security Police Division, McClellan Air Force Base, California. Thus, in effect, NAGE is seeking to sever from its current unit approximately eight employees in other job classifications. /2/ NAGE has been the bargaining representative of the existing unit since 1968, and various collective bargaining agreements have been negotiated since 1973. All employees in the existing unit have substantially the same working conditions and are subject to the same supervision. Further, it appears clear that there exists a continuing day-to-day contact and interplay between all these employees in the fulfillment of their common mission, and no evidence was presented to indicate a change in the Activity's operations since the unit was established. However, NAGE contends that uniformed police officers do not share a community of interest with the other employees since they are for the most part lower graded and have different work schedules. The Authority has stated that, in severance cases such as this, it "is bound by the three criteria for determining the appropriateness of any unit . . . ." /3/ In applying these three criteria to the circumstances of this case, the Authority concludes that severance should be denied since the unit currently represented by NAGE is appropriate. Thus, all of the employees share a community of interest and the unit promotes effective dealings and efficiency of agency operations. /4/ In this regard, the Authority notes particularly that all of the Operations Branch employees share a common integrated mission, are subject to substantially identical working conditions and benefits, share common supervision and have been part of a long-standing, established bargaining unit. Further, there is no evidence to demonstrate that there has been any change in the Operations Branch since the establishment of the present NAGE unit which would impact upon the appropriateness of the unit. Accordingly, under the circumstances presented here, the Authority concludes that NAGE's petition seeking a severance of certain employees from the existing appropriate unit must be dismissed. ORDER IT IS HEREBY ORDERED that the petition in case 9-CU-25 be, and it hereby is, dismissed. Issued, Washington, D.C., July 14, 1983 Barbara J. Mahone, Chairman Ronald W. Haughton, Member Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES$ --------------- /1/ As the brief filed by the National Association of Government Employees, Local R12-58 (NAGE) was untimely filed, it has not been considered. /2/ These other classifications are Criminal Investigator (GS-1811-09), Clerical Assistance (GS-301-05), Tool and Parts Attendant (WG-6904-06), Traffic Planner (GS-301-09) and Police Officer (GS-083-09). /3/ International Communication Agency, 5 FLRA No. 19 (1981). 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 efficiency of the operations of, the agency involved.