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16:0788(107)RO - Army, Army Transportation Center, Fort Eustis, Virginia and Local 19, Federal Firefighters Association and Local 1341, AFGE -- 1984 FLRAdec RP



[ v16 p788 ]
16:0788(107)RO
The decision of the Authority follows:


 16 FLRA No. 107
 
 DEPARTMENT OF THE ARMY
 U.S. ARMY TRANSPORTATION CENTER
 FORT EUSTIS, VIRGINIA
 Activity
 
 and
 
 LOCAL 19, FEDERAL FIREFIGHTERS
 ASSOCIATION
 Petitioner
 
 and
 
 LOCAL 1341, AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES /1/
 Intervenor
 
                                            Case No. 4-RO-30036
 
                            DECISION AND ORDER
 
    Upon a petition duly filed with the 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:  FFA seeks to represent a
 unit of all GS fire prevention and protection employees employed by the
 Activity at Fort Story, Virginia.  Since 1963, these employees have been
 part of the unit represented by the Intervenor, AFGE.  The Activity and
 AFGE contend that granting the petition would result in unnecessary
 fragmentation of an appropriate unit.
 
    In International Communication Agency, 5 FLRA 97 (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 FFA 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 base-wide unit currently represented
 by AFGE is appropriate, as all Activity employees therein, including the
 GS fire prevention and protection employees, share a community of
 interest at the base level, and that such a unit promotes effective
 dealings and efficiency of agency operations.  Thus, all of the
 Activity's employees at Fort Story 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 the GS fire prevention and
 protection employees have not been fairly represented or that their
 bargaining concerns have been overlooked by AFGE.  /2/ Finally, in
 agreement with the Activity and the Intervenor, it is concluded that
 effective dealings and efficiency of operations of the Activity will be
 promoted by avoiding unnecessary fragmentation.  Accordingly, the
 Authority concludes that FFA's petition does not give rise to a question
 of representation concerning the petitioned for unit and justify
 severance from the existing larger unit which continues to remain
 appropriate.  Therefore, the petition must be dismissed.  /3/
 
                                   ORDER
 
    IT IS HEREBY ORDERED that the petition in Case No. 4-RO-30036 be, and
 it hereby is, dismissed.  Issued, Washington, D.C., December 13, 1984
                                       Henry B. Frazier III, Acting
                                       Chairman
                                       Ronald W. Haughton, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ Subsequent to the filing of the petition, the name of the
 exclusive representative of the bargaining unit which included all
 appropriated fund employees assigned to the Activity at the duty station
 of Fort Story, Virginia, was changed from Local 1341 to Local 1625,
 American Federation of Government Employees (AFGE), pursuant to an
 internal union reorganization.  Accordingly, the name of the exclusive
 representative is changed to reflect this reorganization.  Contrary to
 the contention of the Petitioner, Local 19, Federal Firefighters
 Association (FFA), the Authority finds that such a change does not raise
 a question concerning representation with respect to the above described
 unit.
 
 
    /2/ Since 1963, AFGE and the Activity have entered into several
 collective bargaining agreements, one of which was in effect at the time
 of this proceeding.  The AFGE has requested renegotiation of the
 contract now in effect.
 
 
    /3/ Library of Congress, 16 FLRA No. 67 (1984);  Naval Medical
 Command, National Capital Region, 16 FLRA No. 47 (1984);  and Department
 of the Army, Headquarters Fort Monroe, Virginia, 16 FLRA No. 41 (1984).