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DEPARTMENT OF THE NAVY NAVAL AVIATION DEPOT NAVAL AIR STATION JACKSONVILLE, FLORIDA and LOCAL 22, IFPTE, AFL-CIO; LOCAL 512, IBT AFL-CIO; LOCAL 1943, NFFE; LOCAL 3, NAAE; LOCAL 1, NAGI

 

In the Matter of

DEPARTMENT OF THE NAVY

NAVAL AVIATION DEPOT

NAVAL AIR STATION

JACKSONVILLE, FLORIDA

 

 

 

 

 

Case No. 97 FSIP 100

and

LOCAL 22, IFPTE, AFL-CIO; LOCAL 512, 

IBT

AFL-CIO; LOCAL 1943, NFFE; LOCAL 3, 

NAAE;

LOCAL 1, NAGI

 

ARBITRATOR'S OPINION AND DECISION

I. BACKGROUND

    This case concerns a request for assistance that was filed by five Unions(1) (hereafter collectively referred to as "the Unions") with the Federal Service Impasses Panel (hereafter "Panel") to consider a negotiation impasse under the Federal Service Labor-Management Relations Statute (hereafter "Statute"), 5 U.S.C. § 7119, between the Unions and the Department of the Navy, Naval Aviation Depot, Naval Air Station, Jacksonville, Florida (hereafter "NADEP" or "Employer").(2) Following investigation of the requests for assistance, the Panel determined that the impasse relating to the dispute at issue, should be resolved through the mediation-arbitration process and delegated the undersigned to engage in such process.

    Accordingly, on August 13, 1997, at 9:00 a.m., representatives from the Unions and the NADEP met before the undersigned at the NADEP facility in Jacksonville, Florida. Thereafter, the parties engaged in extensive mediation efforts/arbitration proceedings (hereafter "MED-ARB"), in which each side engaged in oral argument, presented evidence, and each had the opportunity to raise objections and contest the evidence presented by the other party. The mediation efforts were unsuccessful.(3)

II. ISSUES AT IMPASSE

    There are two intertwined issues at impasse, to wit: (1) the number of reserved parking spaces in each of 18 lots; and (2) the extent of shuttle bus service from buildings where NADEP employees work to the Naval Air Station Exchange parking lot located near the Main Gate.

Number of Reserved Parking Spaces and Extent of Shuttle Bus Service

    a. NADEP’s Position

    The Employer’s position is that given the amount of growth in the number of employees from approximately 2700 in fiscal year 1993, to approximately 4300 in fiscal year 1997 -- its proposal decreasing the overall number of reserved parking spaces and providing for seven "open parking" lots was the best that it could do on an interim basis. That the number of reserved parking spaces (upwards of two-hundred), were necessary to accommodate handicapped employees, customers coming on base, air crew members, and supervisors and other special interest individuals who worked other than normal or stayed beyond normal working hours.

    While asserting that on a normal workday there would be no more than approximately three-thousand employees on base, and acknowledging that there were approximately half that number of parking spaces(4) in close proximity (no more than a ten-minute walk) to the forty-nine buildings under the authority of NADEP, the Employer maintained that not one employee had lost pay as a result of parking problems of one kind or another. That in order to accommodate the employees parking needs, the NADEP had been able to obtain a verbal commitment from the NAS commander allowing NADEP employees to park in the grassy areas adjacent to most, if not all of the eighteen parking lots - thus alleviating the parking problems at least until such time as the parking situation could be resolved on a more permanent basis.

    As part of its proposal,(5) the Employer expressed its willingness to maintain the status quo in relation to the shuttle bus service that it was providing to NADEP employees from 0600 to 0730 and 1500 to 1630 hours, from the Navy Exchange facilities(6) to the buildings served by NADEP employees (a distance of approximately one mile). In doing so, NADEP, in an effort to further alleviate the parking situation, was absorbing the cost of transporting those employees who parked their vehicles at the Navy Exchange to their respective work sites during the height of arrival and departure work shift hours. While the cost of providing such shuttle bus service was presently manageable (approximately $750.00 per month), the Employer estimated that such cost would go up dramatically (between six to seven thousand dollars per month) and create a tremendous economic burden if the Unions’ proposal to provide shuttle bus service on 15-minute intervals starting at 0600 and ceasing at 1600 hours were to be adopted.

    At the MED-ARB, the Employer also indicated its willingness to paint the parking spot bumpers with the label "NADEP"; to provide stricter enforcement of parking spot violations by persons other than NADEP employees or customers; and to create signs for the identification of grassy areas where parking would be allowed in order to avoid past problems of, on occasion, ticketing of NADEP employees in some grassy areas. Finally, NADEP indicated that it had committed itself to the expenditure of close to half a million dollars involving the demolishment of building number three in a parking lot project that would provide an additional 500 plus unreserved and open spaces for the NADEP employees to make use of, and which was projected to be fully operational by the end of December, 1997.

b. The Unions’ Position

    For their part, the Unions’ proposal(7) provides, inter alia, for "open parking" in all but three of the eighteen parking lots. The Unions justify their proposal on the rationale that given the insufficient number of parking spaces to accommodate all employees within close proximity to the buildings they work in — all employees, including management supervisors and special interest individuals should all share the sacrifice equally, should all be treated equally in finding parking spaces on a first come, first choice basis, rather than a preference system based on management supervisory position. That the number of reserved parking spaces requested by NADEP was excessive in all categories and served to discourage rather than encourage employees to make use of the huge parking facilities located at the Navy Exchange. That although NADEP had worked out a verbal agreement with the NAS for parking to be allowed on the grassy areas, such arrangement was totally discretionary and could come to an end at any time.

    Further, that in order to alleviate the parking shortages and to facilitate and encourage the employees use of the Navy Exchange parking, the NADEP should provide continuous shuttle bus service to and from the NADEP buildings at continuous 15-minute intervals throughout the hours from 0600 to 1600. That under the existing limited shuttle bus arrangement, an hour-and-a-half in the morning and likewise in the afternoon, employees were hesitant to commit themselves to parking at the Navy Exchange because of the difficulty in getting to their vehicles on those occasions when they would be allowed to leave early or late outside of the one-and-a-half hour window period for such reasons as annual leave, sick leave, miscellaneous personal appointments and or urgent emergency type situations. That a one mile walk for many employees was difficult and a tremendous inconvenience when you factored in the heat for the area and the substantial number of rainy days throughout the year.

III. CONCLUSIONS

    Having considered all of the evidence and arguments of the parties on these issues, I conclude that the dispute over the number of reserved parking spaces and extent of shuttle bus service should be resolved by adoption of the Employer’s proposal, subject to the modifications and conditions set forth herein. In this case, from an employee morale perspective, the Arbitrator can empathize and understand the unions’ position regarding equal treatment and parking on a first come, first choice basis. However, I find those considerations to be outweighed on balance when compared to the positive efforts and firm monetary commitment by the Employer to substantially increase the number of "open parking" spaces available to employees represented by the unions.

    Thus, in balancing the equities in this case, while the unions argued that the number of reserved spaces requested by the NADEP were excessive in all categories and without proper justification, the Employer showed that it had decreased the number of reserved spaces and there was insufficient evidence to establish that the Employer’s requested reserved spaces were in excess of established and reasonable guidelines.

    Second, while there can be no dispute that at the time of the MED-ARB, there were insufficient allocated parking spaces to accommodate the daily employee populace on base, the Employer alleviated the parking difficulties through an agreement with the commander of the NAS allowing for employees to park on certain grassy areas. Moreover, after a recess in the MED-ARB, the Employer announced that it had confirmed with the commander of NAS, his willingness to memorialize such arrangement in writing for an indefinite period of time.

    Third, at the time of the MED-ARB, the Employer had already made a monetary commitment of close to half a million dollars to the NAS, for the construction and paving of a parking lot at what was formerly known as Building #3, which was projected for completion and to be fully operational by the end of December, 1997. That new parking lot, as assured by the NADEP at the MED-ARB, would provide five-hundred plus "open parking" spaces over and above those that currently existed and were reflected on the Employer’s proposal dated 5 March 1997.

    Assuming the continued viability and operation of the factors in place, along with the Employer’s willingness to enforce parking spaces and label and stripe parking bumpers and lots, and the implementation of the projected Building #3 lot as described above, it is the Arbitrator’s opinion that such efforts would constitute substantial strides toward the alleviation of the parking difficulties and obviate the need for a further expansion of the status quo shuttle bus service provided by the Employer. However, in view of the importance of the five-hundred plus parking spaces "projected" for completion, and the detrimental impact that would flow should such project not come to fruition, the Arbitrator is of the opinion that certain safeguards would be warranted to properly address such eventuality. In that event, a reasonable expansion of the shuttle bus service would be warranted to facilitate and encourage employees to make expanded use of the parking facilities located at the Navy Exchange.

IV. DECISION

    Accordingly, the Arbitrator awards as follows:

Number of Reserved Parking Spaces and Extent of Shuttle Bus Service

1. The parties shall adopt the Employer’s proposal dated 5 March 1997, subject to the following additions, modifications and conditions:

a. The Employer shall forthwith use its best efforts to memorialize, in writing, an agreement with the commander of the NAS, as represented at the MED-ARB, for the continued and open-ended use of the grassy areas, including the GS lot and Quick Trans area, for employee parking as such privilege existed at the time of the MED-ARB (August 13, 1997).

b. The Employer shall forthwith label all unidentified parking spaces under the control of the Employer with the identifier of "NADEP".

c. The Employer shall forthwith provide adequate signs identifying the grassy areas as available parking for NADEP employees.

d. The Employer shall forthwith take the necessary measures to enforce the parking space allotments of NADEP employees and prosecute to the extent provided by applicable law, violators of the NADEP parking space allotments.

e. The Employer shall maintain the configuration of parking space allotments as listed on its proposal dated 5 March 1997, and continue with such configuration with the exception of the five-hundred plus "open parking" spaces to be gained with the opening of the Building #3 lot.

f. The Employer shall not be obligated to expand the status quo shuttle bus service described in its 5 March 1997 proposal unless it fails to realize a net gain of five-hundred additional "open parking" spaces through the completion or non-completion of the Building #3 parking lot, or other adjustments made by the Employer by no later than March 31, 1998.

g. In the event of the Employer’s failure to realize a net gain of five-hundred additional "open parking" spaces by March 31, 1998, the Employer shall within thirty days thereafter, expand its shuttle bus service through use of the same or similar air-conditioned vehicles from the status quo of 0600 to 0730 and 1500 to 1630 hours (at 15-minute intervals) to include shuttle bus service to and from the Navy Exchange to the buildings served by NADEP employees at hourly intervals from 0800 to 1400 hours.

h. In order to determine whether the Employer has met the "500" additional "open parking" spaces threshold, the Employer shall be allowed to designate up to three representatives and the Unions shall be allowed to designate up to one representative for each union, who shall then meet and confer and make the necessary arrangements to conduct a survey of the parking lot spaces by no later than March 31, 1998 and to execute a written report of their findings.

 

Dated: October 16, 1997

Gilbert Carrillo, Arbitrator

Davie, Florida 

 

1.Local 22, International Federation of Technical and Professional Engineers (“IFPTE”), represents approximately 500 GS and WD employees. The GS employees work as engineering technicians, production controllers, and equipment specialists, in pay grades GS-5 through -12; Local 512, International Brotherhood of Teamsters (“IBT”), represents approximately 2,000 WG-5 through -12 employees, the majority of whom work in skilled trades such as aircraft mechanic, electrician, sheet metal worker, and welder; Local 1943, National Federation of Federal Employees (“NFFE”), represents approximately 500 GS-9 through -13 employees, the majority of whom are engineers, along with some accountants and chemists; Local 3, National Association of Aeronautical Engineers (“NAAE”), represents approximately 125 WD-6 and -7 aeronautical engineers; and Local 1, National Association of Government Inspectors and Quality Assurance Personnel (“NAGI”), represents approximately 66 quality assurance specialists in pay grades GS-7 through -11.

2.The Employer, NADEP, is an industrial activity which repairs and rebuilds airplanes and helicopters as well as aircraft engines and components. It is funded through the rates it charges its customers for performing such work. NADEP is a tenant command at the Jacksonville Naval Air Station (“NAS”), sharing building facilities and parking space allotments with other tenants at the NAS.

3.At NADEP’s request, the parties were afforded the opportunity to submit legal authority in support of their respective positions by no later than August 27, 1997; however, neither of the parties exercised their option to do so.

4.As reflected on the detailed diagram provided by the Employer of the parking lots.

5.Employer’s proposal consisting of two pages and dated 5 March 1997.

6.It is noted that the parties provided the Arbitrator with a tour of the NADEP facilities, including the Navy Exchange parking lot which appeared to provide at least a few hundred parking spaces, the majority of which were vacant at the time.

7.Unions’ proposal consisting of one page and dated 2-19-1997.