USA Darcom Materiel Readiness, Support Activity (MRSA), Lexington, Kentucky (Activity-Petitioner) and Local 894, American Federation of Government Employees, AFL-CIO (Labor Organization)
[ v01 p430 ]
01:0430(53)CU
The decision of the Authority follows:
1 FLRA No. 53
USA DARCOM MATERIEL READINESS
SUPPORT ACTIVITY (MRSA),
LEXINGTON, KENTUCKY
Activity-Petitioner
and
LOCAL 894, AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, AFL-CIO
Labor Organization
Assistant Secretary
Case No. 41-6316(CU/AC)
DECISION AND ORDER CLARIFYING UNIT AND AMENDING
CERTIFICATION
THIS MATTER IS BEFORE THE AUTHORITY PURSUANT TO REGIONAL
ADMINISTRATOR LEM R. BRIDGES' ORDER TRANSFERRING CASE TO THE ASSISTANT
SECRETARY OF LABOR DATED DECEMBER 18, 1978, IN ACCORDANCE WITH SECTION
206.5 OF THE ASSISTANT SECRETARY'S REGULATIONS.
THE FUNCTIONS OF THE ASSISTANT SECRETARY OF LABOR FOR
LABOR-MANAGEMENT RELATIONS UNDER EXECUTIVE ORDER 11491, AS AMENDED, WERE
TRANSFERRED TO THE AUTHORITY UNDER SECTION 304 OF REORGANIZATION PLAN
NO. 2 OF 1978 (43 F.R. 36040), WHICH TRANSFER OF FUNCTIONS IS
IMPLEMENTED BY SECTION 2400.2 OF THE AUTHORITY'S TRANSITION RULES AND
REGULATIONS (44 F.R. 7). THE AUTHORITY CONTINUES TO BE RESPONSIBLE FOR
THE PERFORMANCE OF THESE FUNCTIONS AS PROVIDED IN SECTION 7135(B) OF THE
FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (92 STAT. 1215).
THEREFORE, PURSUANT TO SECTION 2400.2 OF THE AUTHORITY'S TRANSITION
RULES AND REGULATIONS AND SECTION 7135(B) OF THE STATUTE, AND UPON
CONSIDERATION OF THE ENTIRE RECORD IN THE SUBJECT CASE, INCLUDING THE
PARTIES' STIPULATION OF FACTS AND ACCOMPANYING EXHIBITS, THE AUTHORITY
FINDS: /1/
ON SEPTEMBER 11, 1975, LOCAL 894, AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO (AFGE) WAS CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE
IN A UNIT OF ESSENTIALLY ALL PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES
OF THE US ARMY MAINTENANCE MANAGEMENT CENTER (AMMC), LEXINGTON,
KENTUCKY. /2/ SUBSEQUENTLY, THE AMMC AND THE AFGE ENTERED INTO A
NEGOTIATED AGREEMENT, WHICH WAS DUE TO EXPIRE ON FEBRUARY 19, 1979.
PURSUANT TO A REORGANIZATION WHICH WAS EFFECTIVE JULY 1, 1977, ONE OF
THE SIX DIVISIONS OF THE AMMC, THE TEST MEASUREMENT DIAGNOSTIC EQUIPMENT
PRODUCT MANAGEMENT DIVISION (TMDE), WAS SEPARATED FROM THE AMMC AND
ESTABLISHED AS AN INDEPENDENT TENANT ACTIVITY, KNOWN AS THE US ARMY
CENTRAL TMDE ACTIVITY (CTA), AT THE LBDA. THE ACTIVITY-PETITIONER
CONTENDS THAT (1) THE EXISTING EXCLUSIVELY RECOGNIZED UNIT SHOULD BE
CLARIFIED TO REFLECT THAT THE FORMER TMDE EMPLOYEES WHO NOW REPORT TO
THE CTA ARE NO LONGER WITHIN THE CERTIFIED UNIT, AND (2) THAT THE
CERTIFICATION OF REPRESENTATIVE SHOULD BE AMENDED TO REFLECT THE
ACTIVITY-PETITIONER'S CURRENT DESIGNATION. THE AFGE HAS TAKEN NO
POSITION ON THE INSTANT PETITION.
THE STIPULATED RECORD REFLECTS THAT PRIOR TO JULY 1, 1977, THE
EFFECTIVE DATE OF THE REORGANIZATION, THE AMMC, WITH 376 UNIT EMPLOYEES,
WAS ONE OF THREE TENANT ORGANIZATIONS AT THE LBDA. THE OTHER TENANTS
WERE THE QUALITY ASSURANCE FIELD ACTIVITY, WHICH HAD A SEPARATE
AGREEMENT WITH THE AFGE, AND THE COMMUNICATIONS DETACHMENT, WHICH WAS
UNREPRESENTED. THE LBDA CIVILIAN PERSONNEL OFFICE (CPO) HAD A SERVICING
AGREEMENT WITH EACH TENANT FOR THE ADMINISTRATION OF THEIR CIVILIAN
PERSONNEL MANAGEMENT PROGRAMS. ALL EMPLOYEES OF THE LBDA TENANTS,
INCLUDING THOSE OF THE AMMC, WERE WITHIN THE SAME COMPETITIVE AREA FOR
REDUCTIONS-IN-FORCE (RIF).
AS NOTED ABOVE, THE AMMC WAS COMPOSED OF SIX DIVISIONS PRIOR TO THE
REORGANIZATION, ONE OF WHICH WAS THE TMDE. EACH DIVISION WAS UNDER THE
DIRECTION OF A CHIEF WHO REPORTED DIRECTLY TO THE AMMC COMMANDER, AND
THE COMMANDER REPORTED, IN TURN, TO THE DIRECTOR OF READINESS,
HEADQUARTERS, DARCOM. ALL DIVISION CHIEFS WERE CIVILIANS EXCEPT FOR THE
TMDE CHIEF, WHO WAS A FULL COLONEL, AND EACH CHIEF HAD THE AUTHORITY TO
HIRE, FIRE, DISCIPLINE AND PROMOTE. ALL EMPLOYEES OF THE AMMC WERE
COVERED BY THE SAME LEAVE, RETIREMENT, RIF AND PROMOTION POLICIES.
HOWEVER, THERE WAS NO INTERCHANGE OF EMPLOYEES BETWEEN THE SIX
DIVISIONS, NOR DID THEY SHARE DAY-TO-DAY SUPERVISION.
AFTER THE REORGANIZATION, THE TMDE WAS SEPARATED FROM THE AMMC AND
REDESIGNATED AS THE CTA, AN INDEPENDENT TENANT ACTIVITY AT THE LBDA.
ITS CHIEF WAS ELEVATED TO THE POSITION OF COMMANDER, AND BEGAN REPORTING
DIRECTLY TO THE DIRECTOR OF READINESS, HEADQUARTERS, DARCOM. PRIOR TO
THE REORGANIZATION, THE 38 EMPLOYEES OF THE TMDE HAD BEEN DIVIDED AMONG
THREE BRANCHES LOCATED AT THE LBDA AND A TOOL AND MAINTENANCE COMMITTEE
WHICH WAS LOCATED AT ROCK ISLAND ARSENAL, ILLINOIS. AFTER THE
REORGANIZATION, THE THREE EMPLOYEES ASSIGNED TO THE TOOL COMMITTEE WERE
TRANSFERRED WITH FUNCTION TO THE ARMAMENT COMMAND IN ROCK ISLAND. THE
THREE BRANCHES REMAINED ESSENTIALLY UNCHANGED, WITH THE EXCEPTION THAT
THE MANAGEMENT OF THE ARMY OIL ANALYSIS PROGRAM REMAINED A FUNCTION OF
THE AMMC, AND THE FOUR TMDE EMPLOYEES IN THAT PROGRAM WERE TRANSFERRED
THERETO. ALL OTHER EMPLOYEES OF THE TMDE WERE TRANSFERRED TO THE CTA,
AND PERFORM THE SAME DUTIES, IN THE SAME JOB CLASSIFICATIONS, UNDER THE
SAME IMMEDIATE SUPERVISION AS PRIOR TO THE ESTABLISHMENT OF THE CTA.
THEY ALSO REMAINED IN THE SAME GENERAL LOCATION, AND CONTINUED TO BE
WITHIN THE SAME COMPETITIVE AREA FOR RIF'S. THE CTA COMMANDER ENTERED
INTO A SERVICING AGREEMENT WITH THE LBDA CPO, AUTHORIZING THE CPO TO ACT
FOR HIM IN THE ADMINISTRATION OF THE CIVILIAN PERSONNEL MANAGEMENT
PROGRAM, INCLUDING LABOR RELATIONS. CERTAIN ADMINISTRATIVE SERVICES,
SUCH AS PROCUREMENT, PROPERTY ACCOUNTING, FACILITY ENGINEERING,
TRANSPORTATION, ETC., WHICH HAD BEEN PROVIDED BY THE AMMC TO THE TMDE
PRIOR TO THE REORGANIZATION, WERE SUBSEQUENTLY PROVIDED TO THE CTA BY
THE RED RIVER ARMY DEPOT (RRAD) PURSUANT TO AN INTRASERVICE SUPPORT
AGREEMENT. /3/ THE AMMC CONTINUED TO FURNISH SECURITY, AUTOMATIC DATA
PROCESSING AND VISUAL COMMUNICATION SERVICES TO ITS FORMER DIVISION, NOW
CALLED THE CTA.
UNDER THE CIRCUMSTANCES OUTLINED ABOVE, AND BASED ON THE RECORD
HEREIN, THE AUTHORITY FINDS THAT THE FORMER TMDE EMPLOYEES WHO, AS A
RESULT OF THE REORGANIZATION, NOW REPORT TO THE CTA, HAVE REMAINED
WITHIN THE AFGE'S EXISTING EXCLUSIVELY RECOGNIZED UNIT AND THAT THE UNIT
REMAINS APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION. IN THIS
REGARD, NOTED PARTICULARLY WAS THE FACT THAT THE REORGANIZATION OF 1977
DID NOT RESULT IN ANY CHANGE IN ESSENTIAL PERSONNEL POLICIES AND
PRACTICES AND MATTERS AFFECTING WORKING CONDITIONS OF THE EMPLOYEES
INVOLVED, INCLUDING THEIR PHYSICAL LOCATIONS, THEIR JOB FUNCTIONS, THEIR
IMMEDIATE SUPERVISION, AND THEIR COMPETITIVE AREA FOR RIF'S. THE LBDA
CPO CONTINUES TO BE RESPONSIBLE FOR THE MANAGEMENT OF THE CIVILIAN
PERSONNEL PROGRAMS IN THE MRSA (FORMERLY THE AMMC) AND THE CTA.
MOREOVER, ALTHOUGH THE CTA COMMANDER IS NOW REPORTING DIRECTLY TO THE
DIRECTOR OF READINESS, HEADQUARTERS, DARCOM RATHER THAN FIRST THROUGH
THE COMMANDER OF THE MRSA, THERE HAS BEEN NO CHANGE IN THE
ORGANIZATIONAL COMMAND UNDER WHICH BOTH THE CTA AND THE MRSA ARE
ENCOMPASSED. THUS, THE TWO COMMANDS CONTINUE TO REPORT TO THE SAME
ORGANIZATIONAL COMMAND AND CONTINUE TO BE SERVICED BY THE SAME CPO.
ACCORDINGLY, THE AUTHORITY FINDS THAT THE EMPLOYEES OF THE CTA CONTINUE
TO SHARE A SEPARATE AND DISTINCT COMMUNITY OF INTEREST WITH THE
EMPLOYEES OF THE MRSA, AND THAT THEIR CONTINUED INCLUSION IN THE
CERTIFIED UNIT WILL PROMOTE EFFECTIVE DEALINGS AND EFFICIENCY OF AGENCY
OPERATIONS. FURTHERMORE, IN THE AUTHORITY'S VIEW, THE EXCLUSION OF THE
CTA EMPLOYEES FROM THE EXISTING EXCLUSIVELY RECOGNIZED UNIT WOULD RESULT
IN UNNECESSARY UNIT FRAGMENTATION. /4/ THEREFORE, THE AUTHORITY SHALL
CLARIFY THE UNIT TO REFLECT THAT THE CTA EMPLOYEES HAVE REMAINED WITHIN
THE RECOGNIZED UNIT, AND AMEND THE CERTIFICATION TO REFLECT THAT UNIT'S
CURRENT DESIGNATION.
ORDER
IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED HEREIN, FOR
WHICH LOCAL 894, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO,
WAS ACCORDED RECOGNITION AS THE EXCLUSIVE BARGAINING REPRESENTATIVE ON
SEPTEMBER 11, 1975, BE, AND IT HEREBY IS, CLARIFIED TO INCLUDE IN SAID
UNIT THE EMPLOYEES OF THE US ARMY CENTRAL TEST MEASUREMENT DIAGNOSTIC
EQUIPMENT ACTIVITY, LEXINGTON, KENTUCKY.
IT IS FURTHER ORDERED THAT THE CERTIFICATION OF REPRESENTATIVE ISSUED
ON SEPTEMBER 11, 1975, TO LOCAL 894, AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, BE, AND IT HEREBY IS, AMENDED BY CHANGING THE
DESIGNATION OF THE UNIT FROM "EMPLOYEES OF THE US ARMY MAINTENANCE
MANAGEMENT CENTER, LEXINGTON, KY" TO "EMPLOYEES OF THE US ARMY DARCOM
MATERIEL READINESS SUPPORT ACTIVITY AND THE US ARMY CENTRAL TEST
MEASUREMENT DIAGNOSTIC EQUIPMENT ACTIVITY, LEXINGTON, KY."
ISSUED, WASHINGTON, D.C., JUNE 11, 1979
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
CASE NO. 41-6316(CU/AC)
STIPULATION OF FACTS
ON 1 MAY 1969, THE AFGE WAS GRANTED EXCLUSIVE RECOGNITION UNDER
EXECUTIVE ORDER 10988 FOR ALL CLASSIFICATION ACT AND WAGE GRADE
NON-SUPERVISORY, NON-MANAGERIAL AND NON-PROFESSIONAL EMPLOYEES IN THE US
ARMY MATERIEL COMMAND (USAMC) LOGISTIC DATA CENTER, WHICH WAS A TENANT
ACTIVITY OF THE LEXINGTON-BLUE GRASS ARMY DEPOT, LEXINGTON, KENTUCKY
(EXH A).
ON 30 JUNE 1973, THE US AMC LOGISTIC DATA CENTER, LEXINGTON,
KENTUCKY, WAS DISCONTINUED, AS WERE THE US ARMY MAINTENANCE BOARD, FT.
KNOX, KENTUCKY; THE AMC MAINTENANCE SUPPORT CENTER, CHAMBERBURG, PA;
AND THE AMC TEST, MEASUREMENT, DIAGNOSTIC EQUIPMENT MECHANICAL
COORDINATING OFFICE, ROCK ISLAND, ILLINOIS. ON 1 JULY 1973, THE AMMC
WAS ESTABLISHED AT LEXINGTON-BLUE GRASS ARMY DEPOT TO REPLACE THE FOUR
DISCONTINUED ACTIVITIES.
ON 1 APRIL 1974, THE AFGE FILED AN AC PETITION (41-3603) TO CHANGE
THE NAME OF ITS RECOGNIZED UNIT. THE ASSISTANT REGIONAL DIRECTOR FOUND
THAT THE REORGANIZATION RESULTED IN THE CREATION OF A NEW ORGANIZATION
WITH MAJOR PERSONNEL CHANGES, FUNCTIONS, MISSION, ALL OF WHICH MILITATED
AGAINST THE GRANTING OF AN AMENDMENT OF RECOGNITION (EXH B).
ON 1 JULY 1975, THE AFGE FILED AN RO PETITION. AN ELECTION WAS HELD
ON 3 SEPTEMBER 1975. A CERTIFICATION OF REPRESENTATION WAS ISSUED ON 11
SEPTEMBER 1975, CERTIFYING THE AFGE AS THE EXCLUSIVE REPRESENTATIVE OF
THE FOLLOWING UNIT (EXH C).
INCLUDED: ALL PROFESSIONAL AND NON-PROFESSIONAL EMPLOYEES OF THE US
ARMY MAINTENANCE
MANAGEMENT CENTER, LEXINGTON, KENTUCKY.
EXCLUDED: ALL MANAGEMENT OFFICIALS, EMPLOYEES ENGAGED IN FEDERAL
PERSONNEL WORK IN OTHER
THAN A PURELY CLERICAL CAPACITY AND SUPERVISORS AS DEFINED IN THE
ORDER.
ON 14 SEPTEMBER 1978, THE MRSA FILED A CU PETITION (EXH D) TO:
(A) CHANGE THE NAME OF THE ACTIVITY
FROM: US ARMY MAINTENANCE MANAGEMENT CENTER (AMMC)
TO: US ARMY DARCOM MATERIAL READINESS SUPPORT ACTIVITY
(B) EXCLUDE EMPLOYEES OF THE USA CENTRAL TEST MEASUREMENT DIAGNOSTIC
EQUIPMENT ACTIVITY
(USACTA), FORMERLY THE TEST MEASUREMENT DIAGNOSTIC EQUIPMENT (TMDE)
PRODUCT MANAGEMENT
DIVISION OF THE AMMC.
AN AMENDED PETITION CORRECTING THE UNIT DESCRIPTION WAS FILED ON 27
SEPTEMBER 1978 (EXH E).
IN LIEU OF HEARING, THE PARTIES AGREED, SUBJECT TO THE APPROVAL OF
THE REGIONAL ADMINISTRATOR, LMSA, TO SUBMIT A STIPULATION OF FACTS TO
THE ASSISTANT SECRETARY OF LABOR-MANAGEMENT RELATIONS.
ACCORDINGLY, THE PARTIES STIPULATE THAT:
1. AS OF 30 JUNE 1977, THE AMMC CONSISTED OF SIX DIVISIONS: (1)
PROGRAMS AND SERVICES
DIVISION, (2) MAINTENANCE DIVISION, (3) READINESS DIVISION, (4)
MANAGEMENT INFORMATION SYSTEM
DIVISION, (5) SUPPLY DIVISION, (6) TEST MEASUREMENT DIAGNOSTIC
EQUIPMENT (TMDE) PRODUCT
MANAGEMENT DIVISION, (EXH F). AFTER 1 JULY 1977 THE TMDE DIVISION WAS
EXCLUDED (EXH K).
2. AS OF 30 JUNE 1977, EACH DIVISION WAS UNDER THE DIRECTION OF A
DIVISION CHIEF WHO
REPORTED DIRECTLY TO THE AMMC COMMANDER. THE AMMC COMMANDER REPORTED
TO DIRECTOR FOR
READINESS, HEADQUARTERS, US ARMY MATERIEL DEVELOPMENT AND READINESS
COMMAND (DARCOM). ALL
DIVISION CHIEFS WERE CIVILIANS EXCEPT FOR THE TMDE DIVISION, WHOSE
CHIEF WAS A FULL COLONEL.
3. THE AMMC, AS OF 30 JUNE 1977, EMPLOYED APPROXIMATELY 373 GENERAL
SCHEDULE AND 3 WAGE
GRADE EMPLOYEES (WAGE GRADE EMPLOYEES IN PROGRAM & SERVICES DIV).
4. AS OF 30 JUNE 1977, AMMC WAS A TENANT ORGANIZATION, AND ALL
EMPLOYEES WERE SERVICED BY
THE CIVILIAN PERSONNEL OFFICE, LEXINGTON-BLUE GRASS DEPOT ACTIVITY
(LBDA).
ALL EMPLOYEES WERE COVERED BY THE SAME LEAVE, RETIREMENT, RIF AND
PROMOTION POLICIES AS OF
30 JUNE 1977.
EACH DIVISION CHIEF, AS OF 30 JUNE 1977, HAD THE AUTHORITY TO HIRE,
FIRE, DISCIPLINE AND
PROMOTE.
5. AS OF 30 JUNE 1977, THE TYPES OF EMPLOYEES IN THE AMMC WERE
COMPUTER SYSTEMS ANALYSTS,
COMPUTER OPERATORS, KEY PUNCH OPERATORS, DATA PROCESSING CLERKS,
MAINTENANCE SYSTEMS ANALYSTS,
CLERICAL PERSONNEL, EQUIPMENT SPECIALISTS, TECHNICAL PUBLICATION
SPECIALISTS, WRITERS,
CHEMISTS, ILLUSTRATORS, SUPPLY ANALYSTS, COMPTROLLER ANALYSTS,
GENERAL ENGINEERS.
6. THE MISSION OF THE AMMC, AS OF 30 JUNE 1977, WAS TO SERVE AS A
USER ORIENTED FIELD
OPERATING ACTIVITY TO EVALUATE THE READINESS OF MATERIEL AND THE
MAINTENANCE AND SUPPLY
SUPPORT PROVIDED BY DARCOM TO THE ARMY IN THE FIELD, MANAGE SELECTED
DEPARTMENT OF ARMY
PROGRAMS; AND TO PROVIDE ASSISTANCE IN THE EXECUTION OF THE
FUNCTIONAL RESPONSIBILITIES OF
DEPUTY COMMANDING GENERAL, MATERIEL READINESS, DARCOM.
7. THE MISSION OF TMDE WAS TO PROVIDE CENTRALIZED MANAGEMENT OF THE
ARMY-WIDE TEST,
MEASUREMENT AND DIAGNOSTIC EQUIPMENT PROGRAM; TO CHAIR THE TOOL AND
MAINTENANCE EQUIPMENT
COMMITTEE; TO PERFORM DARCOM TMDE MANAGEMENT FUNCTIONS AND MANAGE
THE ARMY OIL ANALYSIS
PROGRAM.
8. THE TMDE PRODUCTS DIVISION EMPLOYED 38 PERSONS. EMPLOYEE
CATEGORIES WERE PROGRAM
MANAGER, GENERAL ENGINEERS, PROGRAM ANALYSTS, MAINTENANCE MANAGEMENT
OFFICERS, EQUIPMENT
SPECIALISTS, DATA SPECIALISTS, SECRETARIES, STENOGRAPHERS AND
CHEMIST.
9. AS OF 30 JUNE 1977, EMPLOYEES OF THE 6 DIVISIONS OF AMMC DID NOT
SHARE DAY-TO-DATE
SUPERVISION NOR WERE THEY INTERCHANGEABLE.
10. AS OF 30 JUNE 1977, PROFESSIONAL AND CAREER EMPLOYEES (EXCLUDING
CLERICAL,
SECRETARIAL, KEY PUNCH, DATA EDITOR) WERE NOT ASSIGNED OR DETAILED TO
DIVISIONS OTHER THAN THE
ONE IN WHICH THEY WERE HIRED.
11. THE TMDE CONSISTED OF TOOL AND MAINTENANCE EQUIPMENT COMMITTEE
LOCATED AT ROCK ISLAND
ARSENAL, ILL (3 CIVILIAN EMPLOYEES). POLICY AND REQUIREMENT BRANCH,
PROGRAM MANAGEMENT AND
EVALUATION BRANCH, AND THE TECHNICAL APPLICATION AND PRODUCTS BRANCH
(EXH F).
12. ON 11 APRIL 1977, THE AMMC WAS ADVISED THAT EFFECTIVE 1 JULY
1977 THE TMDE WOULD BE
ESTABLISHED AS A SEPARATE ACTIVITY (EXH G).
13. EFFECTIVE 1 JULY 1977, THE TMDE BECAME KNOWN AS THE US ARMY
CENTRAL TMDE ACTIVITY
(CTA).
14. THE CTA WAS PLACED UNDER OPERATIONAL CONTROL OF THE DIRECTOR OF
READINESS, HQ, DARCOM.
15. THE MISSION OF THE CTA IS TO PROVIDE CENTRALIZED LIFE CYCLE
MANAGEMENT OF THE
ARMY-WIDE TEST MEASUREMENT AND DIAGNOSTIC EQUIPMENT PROGRAM (EXH H).
16. EFFECTIVE 1 OCTOBER 1977, THE CTA BECAME FULLY FUNCTIONAL AS A
SEPARATE ACTIVITY WITH
THE COMMANDER (FULL COLONEL) REPORTING DIRECTLY TO THE DIRECTOR OF
READINESS, HQ, DARCOM.
17. ON 1 OCTOBER 1977, THE THREE CIVILIAN EMPLOYEES ASSIGNED TO THE
TOOL COMMITTEE AND
LOCATED AT ROCK ISLAND, ILLINOIS WERE TRANSFERRED WITH FUNCTION TO
ARMAMENT COMMAND, ROCK
ISLAND, ILLINOIS. THE THREE BRANCHES REMAINED UNCHANGED.
18. ON 1 OCTOBER 1977, FOUR EMPLOYEES PERFORMING THE OIL ANALYSIS
PROGRAM WERE TRANSFERRED
FROM THE FORMER TMDE DIVISION TO AMMC.
19. EMPLOYEE CATEGORIES OF THE TMDE WERE PROGRAM MANAGER, GENERAL
ENGINEERS, PROGRAM
ANALYST, MAINTENANCE MANAGEMENT OFFICERS, EQUIPMENT SPECIALIST, DATA
SPECIALISTS, SECRETARIES,
STENOGRAPHERS AND CHEMIST. AFTER THE ESTABLISHMENT OF CTA AS A
SEPARATE ACTIVITY THE JOB
CATEGORIES REMAINED THE SAME EXCEPT FOR THE EXCLUSION OF CHEMIST.
20. CTA EMPLOYED 34 CIVILIAN EMPLOYEES. EMPLOYEES OF THE CTA ARE
PERFORMING THE SAME JOB
TASKS AND FUNCTIONS IN THE SAME CLASSIFICATIONS, UNDER THE SAME
DAY-TO-DAY SUPERVISION THAT
EXISTED UNDER TMDE.
21. ON 1 JULY 1977, THE COMMANDER, CTA, SIGNED AN AGREEMENT
AUTHORIZING THE CIVILIAN
PERSONNEL OFFICE, LBDA, TO ACT FOR HIM IN THE ADMINISTRATION OF THE
CIVILIAN PERSONNEL
MANAGEMENT PROGRAM (EXH I). THIS INCLUDES RECRUITMENT, HIRING,
PROMOTION, POSITION
CLASSIFICATION, PAY MANAGEMENT, SUGGESTION PROGRAM, TRAINING,
MAINTENANCE OF PERSONNEL FILE
AND LABOR RELATIONS.
22. THE CTA, THE USAMMC AND ALL OTHER (2) TENANT ACTIVITIES OF THE
LEXINGTON-BLUE GRASS
DEPOT ACTIVITY ARE WITHIN A SINGLE COMPETITIVE AREA OF CONSIDERATION
FOR
REDUCTION-IN-FORCE. (THE LEXINGTON-BLUE GRASS DEPOT ACTIVITY IS IN A
SEPARATE COMPETITIVE
AREA FROM TENANTS). SINCE THERE WAS NO CHANGE IN COMPETITIVE AREA,
NO TRANSFER OF FUNCTION
ACTION WAS REQUIRED.
23. THE CIVILIAN PERSONNEL OFFICE, LEXINGTON-BLUE GRASS DEPOT
ACTIVITY, HAS A SEPARATE
SERVICING AGREEMENT WITH AMMC AND ALL OTHER TENANT ACTIVITIES OF THE
ACTIVITY. THE TENANTS
ARE AMMC, CTA, QUALITY ASSURANCE FIELD ACTIVITY, AND COMMUNICATIONS
DETACHMENT. THE AFGE,
LOCAL 894, HAS SEPARATE AGREEMENTS WITH AMMC AND QUALITY ASSURANCE.
(COMMUNICATIONS DET IS
UNREPRESENTED).
24. EFFECTIVE 1 JULY 1977, UNDER THE PROVISION OF AN INTRASERVICE
SUPPORT AGREEMENT, THE
AMMC CONTINUED TO PROVIDE SECURITY, AUTOMATIC DATA PROCESSING AND
VISUAL COMMUNICATION SERVICE
TO THE CTA.
25. PRIOR TO 1 JULY 1977, THE AMMC PROVIDED ADMINISTRATIVE OFFICE
SPACE, FINANCE AND
ACCOUNTING, PROCUREMENT, PROPERTY ACCOUNTING, POLICY PROTECTION,
FACILITY ENGINEERING,
TRANSPORTATION ETC. AFTER 1 JULY 1977, THE SERVICES WERE PROVIDED
PURSUANT TO AN INTRASERVICE
SUPPORT AGREEMENT WITH THE RED RIVER ARMY DEPOT, (RRAD), TEXARKANA,
TEXAS. THE LEXINGTON-BLUE
GRASS DEPOT ACTIVITY IS A PART OF RED RIVER ARMY DEPOT.
26. RRAD PROVIDES THE ABOVE SERVICES TO ALL TENANTS OF, AND THE
LEXINGTON-BLUE GRASS DEPOT
ACTIVITY.
27. EFFECTIVE FEBRUARY 1978, THE CTA MOVED FROM BUILDING 4B TO 4F.
4B AND 4F ARE IN THE
SAME WAREHOUSE. THE DISTANCE FROM 4B TO 4F IS APPROXIMATELY 300
FEET.
28. BY DARCOM PERMANENT ORDER 96-2 DATED 5 DECEMBER 1977 (EXH J),
THE AMMC WAS ADVISED
THAT, EFFECTIVE 3 OCTOBER 1977, IT WAS REDESIGNATED THE US ARMY
DARCOM MATERIEL READINESS
SUPPORT ACTIVITY (MRSA). THE CHANGE IN DESIGNATION HAD NO EFFECT ON
THE NUMBER OF EMPLOYEES,
THEIR JOB FUNCTIONS, TITLES, CLASSIFICATIONS, SUPERVISION, LOCATION
(BLDG 4A THROUGH 4E), OR
PERSONNEL POLICIES, PRACTICES OR WORKING CONDITIONS. SIMILARLY, IT
DID NOT AFFECT THE
MISSION, STRUCTURE, OR CHAIN OF COMMAND.
THE PARTIES REQUEST THE ASSISTANT SECRETARY TO DETERMINE WHETHER
EMPLOYEES OF THE USA CENTRAL TEST MEASUREMENT DIAGNOSTIC EQUIPMENT
ACTIVITY (USACTA) SHOULD REMAIN IN THE EXISTING UNIT.
THE PARTIES FURTHER REQUEST THE ASSISTANT SECRETARY TO AMEND THE
CERTIFICATION TO CONFORM WITH THE EXISTING CIRCUMSTANCES.
GERALD W. KIRKLIGHTER
COL, FA
FOR US ARMY DARCOM MATERIEL READINESS
SUPPORT ACTIVITY
KENNETH L. SHAVE
COL, OD
FOR US ARMY CENTRAL TEST MEASUREMENT
DIAGNOSTIC EQUIPMENT ACTIVITY
LUTHER D. SAPP
FOR LOCAL ROA AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES
SERVICE SHEET
COL GERALD W. KIRKLIGHTER
COMMANDER
USA DARCOM MATERIEL READINESS SUPPORT ACTIVITY
LEXINGTON, KENTUCKY 40511
COL KENNETH L. SHAVE
COMMANDER
USA CENTRAL TEST MEASUREMENT DIAGNOSTIC EQUIPMENT ACTIVITY
LEXINGTON, KENTUCKY 40511
MR. HARVEY A. HELM
CIVILIAN PERSONNEL OFFICER
LEXINGTON-BLUE GRASS DEPOT ACTIVITY
LEXINGTON, KENTUCKY 40511
MR. LUTHER D. SAPP
PRESIDENT, AFGE LOCAL 894
514 DOBBIN DRIVE, BOX 444
PARIS, KENTUCKY 40361
EXHIBITS
A. COPY OF RECOGNITION
B. REPORT & FINDINGS 41-3603(AC)
C. SEPT 11, 1975 CERTIFICATION
D. THE PETITION
E. THE AMENDED PETITION
F. ORGANIZATION CHART OF AMMC, FEB 1977
G. DARCOM LETTER OF 11 APRIL 1977
H. MISSION STATEMENT OF CTA
I. INTRASERVICE SUPPORT AGREEMENT WITH CPO
J. DARCOM ORDER 96-2
K. ORGANIZATION CHART OF AMMC, 1 JULY 1977
/1/ IN CONFORMITY WITH SECTION 902(B) OF THE CIVIL SERVICE REFORM ACT
OF 1978 (92 STAT. 1224), THE PRESENT CASE IS DECIDED SOLELY ON THE BASIS
OF E.O. 11491, AS AMENDED, AND AS IF THE NEW FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE (92 STAT. 1191) HAD NOT BEEN ENACTED.
THE DECISION AND ORDER DOES NOT PREJUDGE IN ANY MANNER EITHER THE
MEANING OR APPLICATION OF RELATED PROVISIONS IN THE NEW STATUTE OR THE
RESULT WHICH WOULD BE REACHED BY THE AUTHORITY IF THE CASE HAD ARISEN
UNDER THE STATUTE RATHER THAN THE EXECUTIVE ORDER.
/2/ THE AMMC WAS A TENANT ACTIVITY AT THE LEXINGTON-BLUE GRASS DEPOT
ACTIVITY (LBDA). ON DECEMBER 5, 1977, THE AMMC WAS REDESIGNATED AS THE
US ARMY DARCOM MATERIEL READINESS SUPPORT ACTIVITY (MRSA).
/3/ THE RRAD, WHICH ENCOMPASSES THE LBDA, PROVIDES SAID SERVICES TO
THE LBDA AND EACH OF ITS TENANTS.
/4/ SEE, NAVAL AEROSPACE AND REGIONAL MEDICAL CENTER, PENSACOLA,
FLORIDA, 6 A/SLMR 46, A/SLMR NO. 603, 4 FLRC 370, FLRC NO. 76A-18
(1976).