15:0548(115)CU - Corps of Engineers, Kansas City District, Kansas City, MO and NFFE Local 29 -- 1984 FLRAdec RP



[ v15 p548 ]
15:0548(115)CU
The decision of the Authority follows:


 15 FLRA No. 115
 
 UNITED STATES CORPS OF ENGINEERS
 KANSAS CITY DISTRICT
 KANSAS CITY, MISSOURI
 Activity/Petitioner
 
 and
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 29
 Labor Organization
 
                                            Case No. 7-CU-30011
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    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.  /1/
 
    Upon careful consideration of the entire record, including the
 parties' contentions, the Authority finds:  The National Federation of
 Federal Employees, Local 29 (NFFE) is certified as the exclusive
 bargaining representative of a unit of all nonsupervisory General
 Schedule (GS) and Wage Board (WB) employees of the Kansas City District
 Corps of Engineers, excluding managerial officials, supervisors,
 employees engaged in Federal personnel work in other than a purely
 clerical capacity, guards and professional employees.
 
    Essentially, the Activity's amended petition seeks to exclude from
 the certified bargaining unit 10 employees appointed pursuant to 5
 C.F.R. 213.3102(w) under the "Stay-in-School Program" who hold positions
 classified as clerk-typists, GW-0322-02.  /2/ Positions filled under
 such program are excepted from the competitive service.  The Activity
 contends that the inclusion of such employees (hereinafter called GW
 employees) would not be appropriate under section 7112(a)(1) of the
 Statute.  /3/ In this regard, it asserts that these temporarily employed
 employees have no reasonable expectancy of continued employment;  do not
 share a community of interest with the rest of the bargaining unit;  and
 their inclusion would not promote effective dealings with, and
 efficiency of the operations of, the agency.  NFFE disagrees with the
 Activity's assertions, and additionally contends that GW employees have
 historically been considered as a part of its exclusively recognized
 unit.
 
    The Kansas City District Office organizationally consists of an
 Advisory Staff which is divided into eight offices, including Personnel,
 Resource Management, and Public Affairs;  and a Technical Staff which is
 divided into five divisions, including Procurement and Supply, Real
 Estate, and Construction.  With regard to the GW employees, the record
 reveals that they are currently employed as clerk-typists, GW-0322-02,
 in the offices and/or divisions named above.  The positions of these
 employees are classified in accordance with the general schedule system
 and they are paid according to the same pay schedule as other Activity
 employees.  They share common supervision and similar working
 conditions, which include flexible work hours, similar breaks and lunch
 periods, and office conditions;  and they receive annual and sick leave
 benefits.
 
    Record testimony indicates that the Stay-in-School Program has been
 in effect at the Activity for at least 12 years.  The record also
 reveals that of the four GW employees who testified, three have been
 employed under this program or the GW classification from approximately
 1 1/2 to 2 1/3 years, and the fourth has more recently been under this
 classification for approximately 1 year.  The GW employees are all
 enrolled in institutions of higher learning and work part-time during
 the academic school year, and full-time during the summer.  Their
 appointments are for a term of 1 year, and may be renewed annually so
 long as they are enrolled in or accepted for enrollment as resident
 students in a secondary school or institution of higher learning not
 above the baccalaureate level.  The evidence establishes that such
 appointments are generally renewed.  In this regard, the appointments of
 the four employees who testified have been renewed at least once, with
 two of these employees having their appointments further renewed for an
 additional year.  The evidence establishes that such employees could
 possibly be employed by the Activity for several years as they pursue
 their education.
 
    Upon consideration of the totality of the facts and circumstances
 presented, the Authority finds in accordance with the requirements of
 section 7112(a)(1) of the Statute that the stay-in-school or GW
 employees should be included in the unit as they share a clear and
 identifiable community of interest with the other employees at the
 Activity and their inclusion will promote effective dealings with, and
 efficiency of the operations of, the Activity.
 
    In so finding, the Authority notes, particularly, that the GW
 employees share with other unit employees common supervision and similar
 working conditions;  their positions are classified in accordance with
 the general schedule system;  they are paid according to the same pay
 schedule;  and they also receive sick and annual leave.  Further, GW
 employees have a reasonable expectancy of continued employment as
 evidenced by the fact that they have been employed by the Activity for a
 substantial period of time and generally have had their appointments
 renewed.  Additionally, the Authority disagrees with the Activity's
 assertion that the inclusion of the GW employees would not promote
 effective dealings and efficiency of agency operations.  In so finding,
 the Authority notes that the existing bargaining unit includes temporary
 employees whose initial appointments are for 150 days or more as well as
 certain other temporary employees.  /4/
 
                                   ORDER
 
    IT IS HEREBY ORDERED that the unit sought to be clarified, in which
 exclusive recognition was granted to the National Federation of Federal
 Employees, Local 29, on August 5, 1970, at the U.S. Army Corps of
 Engineers, Kansas City District, Kansas City, Missouri, be, and it
 hereby is, clarified by including in said unit employees appointed
 pursuant to 5 C.F.R. 213.3102(w) under the Stay-in-School Program.
 
    Issued, Washington, D.C., August 16, 1984
 
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ The Activity's motion to correct the transcript is hereby
 granted.
 
 
    /2/ 5 C.F.R. 213.3102(w) states, in pertinent part, that:
 
          Students may be appointed (under this program)