Department of the Air Force, Sacramento Air Logistics Center, McClellan Air Force Base, California (Activity) and International Federation of Professional and Technical Engineers, Local 220, AFL-CIO (Labor Organization) and American Federation of Government Employees, Local 1857, AFL-CIO (Labor Organization)  

 1 FLRA No. 113
 
 DEPARTMENT OF THE AIR FORCE,
 SACRAMENTO AIR LOGISTICS CENTER,
 MCCLELLAN AIR FORCE BASE, CALIFORNIA
 Activity
 
 and
 
 INTERNATIONAL FEDERATION OF
 PROFESSIONAL AND TECHNICAL
 ENGINEERS, LOCAL 220, AFL-CIO
 Labor Organization
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 1857, AFL-CIO
 Labor Organization
 
                                            Assistant Secretary
                                            Case No. 70-6220 (CU)
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    UPON A PETITION DULY FILED UNDER SECTION 6 OF EXECUTIVE ORDER 11491,
 AS AMENDED, A HEARING WAS HELD BEFORE HEARING OFFICER PATRICIA BARAN.
 THE HEARING OFFICER'S RULINGS MADE AT THE HEARING ARE FREE FROM
 PREJUDICIAL ERROR AND ARE HEREBY AFFIRMED.
 
    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 RULES AND REGULATIONS
 (44 F.R. 44741, JULY 30, 1979).  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).
 
    UPON THE ENTIRE RECORD IN THE SUBJECT CASE, THE AUTHORITY FINDS:
 
    1.  THE LABOR ORGANIZATIONS INVOLVED CLAIM TO REPRESENT CERTAIN
 EMPLOYEES OF THE ACTIVITY.  /1/
 
    2.  THE PETITIONER, THE DEPARTMENT OF THE AIR FORCE, SACRAMENTO AIR
 LOGISTICS CENTER, MCCLELLAN AIR FORCE BASE (ACTIVITY), SEEKS
 CLARIFICATION OF A BARGAINING UNIT CURRENTLY REPRESENTED EXCLUSIVELY BY
 THE INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS,
 LOCAL 220, AFL-CIO (IFPTE) AS A RESULT OF A 1978 REORGANIZATION IN WHICH
 THE QUALITY BRANCHES OF FIVE DIVISIONS OF THE ACTIVITY'S DIRECTORATE OF
 MAINTENANCE WERE CONSOLIDATED INTO A NEW QUALITY ASSURANCE DIVISION.
 THE ACTIVITY CONTENDS THAT THE 17 QUALITY ASSURANCE SPECIALISTS
 REPRESENTED BY THE IFPTE AND AFFECTED BY THIS REORGANIZATION NO LONGER
 SHARE A COMMUNITY OF INTEREST WITH OTHER EMPLOYEES OF THE IFPTE UNIT,
 /2/ AND THAT A CONTINUATION OF THE EXISTING REPRESENTATIONAL STRUCTURE
 WOULD NOT PROMOTE EFFECTIVE DEALINGS OR EFFICIENCY OF AGENCY OPERATIONS.
  IN ESSENCE, THE ACTIVITY CONTENDS THAT THESE EMPLOYEES HAVE ACCRETED
 INTO THE AFGE UNIT.  THE IFPTE OPPOSES THE INCLUSION OF ITS 17 QUALITY
 ASSURANCE SPECIALISTS IN ANY UNIT OTHER THAN ITS EXISTING UNIT.  IN THIS
 REGARD, THE IFPTE ASSERTS THAT THE REORGANIZATION HEREIN IS PRIMARILY
 NOTHING MORE THAN A RESTRUCTURING OF THE ACTIVITY'S SUPERVISORY
 HIERARCHY WITH NO CHANGES AFFECTING UNIT PERSONNEL.  THE AFGE SUPPORTS
 THE ACTIVITY POSITION REGARDING THE ACCRETION OF SOME 17 QUALITY
 ASSURANCE SPECIALISTS INTO ITS UNIT.  HOWEVER, CONTRARY TO THE ACTIVITY,
 THE AFGE ALSO CONTENDS THAT THE REORGANIZATION RAISES A QUESTION
 CONCERNING THE CONTINUED APPROPRIATENESS OF THE REMAINDER OF THE IFPTE
 UNIT, EVEN THOUGH SUCH REMAINDER WAS NOT AFFECTED BY THE REORGANIZATION.
  /3/
 
    THE MISSION OF THE SACRAMENTO AIR LOGISTICS CENTER, WHICH EMPLOYS
 12,000 CIVILIAN EMPLOYEES, IS THE MANAGEMENT OF WEAPONS AND DEFENSE
 SYSTEMS OF THE U.S. AIR FORCE WORLD-WIDE.  THE ACTIVITY IS ORGANIZED
 INTO TWO MAJOR DIVISIONS.  THE FIRST CONSISTS OF THE COMMANDER AND HIS
 STAFF, AND THE SECOND CONSISTS OF INDEPENDENT OFFICES, DIRECTORATES AND
 COMMANDS WHICH REPORT DIRECTLY TO THE COMMANDER AND HIS STAFF.  EACH
 DIRECTORATE IS FURTHER ORGANIZED INTO OFFICES AND DIVISIONS, WITH
 DIVISIONS DIVIDED INTO BRANCHES, WHICH ARE THEN DIVIDED INTO SECTIONS.
 WHILE THE ACTIVITY IS HIGHLY SPECIALIZED AND COMPARTMENTALIZED FROM A
 FUNCTIONAL AND ORGANIZATIONAL STANDPOINT, MUCH OF THE PERSONNEL POLICY,
 METHODS AND PROCEDURES, ADMINISTERED BY A CENTRAL PERSONNEL OFFICE, ARE
 COMMON ACTIVITY-WIDE.  THE CENTRAL PERSONNEL OFFICE ALSO EXERCISES
 ACTIVITY LABOR RELATIONS AUTHORITY.
 
    THE REORGANIZATION WHICH PRECIPITATED THE PETITION HEREIN OCCURRED IN
 LATE 1977 AND EARLY 1978 WITHIN THE DIRECTORATE OF MAINTENANCE, ONE OF
 FIVE DIRECTORATES WITHIN THE ACTIVITY.  PRIOR TO THE REORGANIZATION, THE
 DIRECTORATE CONSISTED OF SEVEN DIVISIONS, FIVE OF WHICH CONTAINED
 QUALITY BRANCHES.  /4/ DURING THE REORGANIZATION THESE QUALITY BRANCHES
 WERE REMOVED FROM THEIR RESPECTIVE DIVISIONS AND CONSOLIDATED INTO A NEW
 EIGHTH DIVISION, THE QUALITY ASSURANCE DIVISION.  THE PETITION HEREIN
 CONCERNS THE SCOPE OF BARGAINING UNITS FOR CERTAIN EMPLOYEES WITHIN THE
 FLIGHT INSTRUMENTS AND PNEUDRAULICS COMPONENTS DIVISION WHO WERE
 TRANSFERRED TO THE NEW QUALITY ASSURANCE DIVISION AS A RESULT OF THE
 REORGANIZATION.
 
    IN 1967 IFPTE LOCAL 220, WAS RECOGNIZED BY THE ACTIVITY AS THE
 EXCLUSIVE REPRESENTATIVE FOR A UNIT OF EMPLOYEES WITHIN THE FLIGHT
 INSTRUMENTS AND PNEUDRAULICS COMPONENTS DIVISION.  THE IFPTE UNIT
 CONTAINED EMPLOYEES FROM TWO BRANCHES OF THE DIVISION, THE PRODUCTION
 BRANCH AND THE QUALITY BRANCH.  THE PART OF THE IFPTE UNIT IN THE
 PRODUCTION BRANCH CONSISTED OF WG EMPLOYEES FROM THREE SECTIONS:  THE
 GENERAL INSTRUMENT AND FLIGHT COMPUTER SECTION, THE FLIGHT INDICATOR
 SECTION, AND THE GENERAL FLIGHT INSTRUMENTS SECTION.  /5/ THE REMAINDER
 OF THE IFPTE UNIT CONSISTED OF SOME 17 NONPROFESSIONAL GS QUALITY
 ASSURANCE SPECIALISTS IN THE FLIGHT CONTROL QUALITY SECTION OF THE
 QUALITY BRANCH /6/ WHOSE FUNCTION WAS TO INSPECT THE WORK PERFORMED BY
 THE IFPTE PRODUCTION BRANCH EMPLOYEES.  AT THE TIME OF THE FILING OF THE
 PETITION HEREIN, A NEGOTIATED AGREEMENT WAS IN EFFECT BETWEEN THE IFPTE
 AND THE ACTIVITY COVERING THIS UNIT.
 
    IN 1970, THE AFGE LOCAL 1857, WAS CERTIFIED AS THE EXCLUSIVE
 REPRESENTATIVE OF ALL REMAINING ACTIVITY UNORGANIZED WG AND GS
 EMPLOYEES.  THIS UNIT CONTAINED IN EXCESS OF 10,000 EMPLOYEES.  THUS,
 PRIOR TO THE REORGANIZATION, THE AFGE REPRESENTED ALL ACTIVITY
 NONPROFESSIONAL QUALITY ASSURANCE PERSONNEL WITH THE EXCEPTION OF THOSE
 BELONGING TO THE FLIGHT CONTROL QUALITY SECTION REPRESENTED BY THE
 IFPTE.  IN ADDITION THE AFGE REPRESENTED THE EMPLOYEES IN THE TWO
 SECTIONS OF THE PRODUCTION BRANCH NOT PART OF THE IFPTE UNIT.
 
    THUS, THE 1978 REORGANIZATION OF THE DIRECTORATE OF MAINTENANCE
 RESULTED IN A PORTION OF THE IFPTE BARGAINING UNIT AND THE AFGE
 BARGAINING UNIT CONTAINING DIRECTORATE QUALITY ASSURANCE SPECIALISTS
 BEING ADMINISTRATIVELY TRANSFERRED TO THE NEW QUALITY ASSURANCE
 DIVISION.  /7/ THIS DIVISION NOW CONTAINS FIVE BRANCHES, ONE FOR EACH
 TRANSFERRED QUALITY BRANCH.  EACH OF THESE BRANCHES APPEARS TO HAVE
 SUBSTANTIALLY THE SAME SECTIONAL SUB-DIVISIONS OF THE PREVIOUS QUALITY
 BRANCHES.
 
    FOR EXAMPLE, THE FORMER FLIGHT CONTROL QUALITY SECTION, QUALITY
 BRANCH, FLIGHT INSTRUMENTS AND PNEUDRAULICS COMPONENTS DIVISION IS NOW
 THE FLIGHT INSTRUMENT QUALITY ASSURANCE SECTION OF THE FLIGHT
 INSTRUMENT/PNEUDRAULICS QUALITY BRANCH OF THE QUALITY ASSURANCE
 DIVISION.  /8/
 
    UNDER ALL THE CIRCUMSTANCES, THE AUTHORITY FINDS THAT THE QUALITY
 ASSURANCE SPECIALISTS FORMERLY BELONGING TO THE IFPTE BARGAINING UNIT,
 AND NOW ASSIGNED TO THE QUALITY ASSURANCE DIVISION OF THE DIRECTORATE OF
 MAINTENANCE, NO LONGER SHARE A COMMUNITY OF INTEREST WITH OTHER
 EMPLOYEES OF THE IFPTE UNIT AND HAVE ACCRETED INTO, AND BECOME AN
 INTEGRAL PART OF, THE BARGAINING UNIT REPRESENTED EXCLUSIVELY BY THE
 AFGE.
 
    THE FEDERAL LABOR RELATIONS COUNCIL HAS HELD PREVIOUSLY THAT ANY
 FINDING OF ACCRETION TO AN EXISTING UNIT AS A RESULT OF A REORGANIZATION
 MUST BE BASED UPON AN EQUAL APPLICATION OF THE THREE SECTION 10(B)
 CRITERIA, AS WELL AS SATISFYING THE PURPOSES AND POLICIES OF THE ORDER
 OF PREVENTING FURTHER FRAGMENTATION OF BARGAINING UNITS AND REDUCING
 EXISTING FRAGMENTATIONS, THEREBY PROMOTING A MORE COMPREHENSIVE
 BARGAINING UNIT STRUCTURE.  THE COUNCIL FURTHER HELD THAT IN THE FEDERAL
 SECTOR, A FINDING OF ACCRETION IS NOT DEPENDENT UPON THOROUGH PHYSICAL
 INTEGRATION OF THE EMPLOYEES AT ISSUE INTO THE EXISTING UNIT.  /9/
 
    UPON CONSIDERATION OF THE ABOVE STATED POLICIES AND NOTWITHSTANDING
 THE FACT THAT CERTAIN ASPECTS OF THEIR JOB CONTENT HAVE REMAINED THE
 SAME, IT IS THE AUTHORITY'S VIEW, THAT THE 17 QUALITY ASSURANCE
 SPECIALISTS PREVIOUSLY REPRESENTED BY THE IFPTE HAVE BEEN
 ADMINISTRATIVELY AND FUNCTIONALLY INTEGRATED INTO THE AFGE'S EXISTING
 UNIT OF RECOGNITION AND NOW SHARE A CLEAR AND IDENTIFIABLE COMMUNITY OF
 INTEREST WITH THE AFGE'S BARGAINING UNIT EMPLOYEES.  IN THIS REGARD, THE
 RECORD REVEALS THAT THE ADMINISTRATIVE REORGANIZATION HAS RESULTED IN
 THESE EMPLOYEES NOW WORKING WITH APPROXIMATELY 272 OTHER QUALITY
 ASSURANCE SPECIALISTS REPRESENTED BY AFGE WITHIN A NEW DIVISIONAL
 STRUCTURE WITH NEW LAYERS OF SUPERVISION.  THIS NEW STRUCTURE FORMULATES
 ITS OWN POLICY REGARDING OVERTIME, TEMPORARY DUTY ASSIGNMENTS, TRAINING
 OPPORTUNITIES, LEAVE, ETC.  FURTHERMORE, IT APPEARS THAT THE
 CONSOLIDATION WILL INCREASE THE POSSIBILITY OF TRANSFER AND TEMPORARY
 DUTY ASSIGNMENTS WITHIN THE VARIOUS BRANCHES OF THE NEW DIVISION.  THE
 AUTHORITY FURTHER FINDS THAT THE INCLUSION OF THESE QUALITY ASSURANCE
 SPECIALISTS INTO THE AFGE UNIT WILL PROMOTE EFFECTIVE DEALINGS AND
 EFFICIENCY OF AGENCY OPERATIONS, IN THAT MATTERS SUCH AS CAREER
 PROGRESSION, PROMOTION PROCEDURES, AND TRAINING WILL BE UNIFORM FOR
 SIMILARILY SITUATED EMPLOYEES IN THE QUALITY ASSURANCE DIVISION, SINCE
 SUCH PERSONNEL WILL NOW BE COVERED BY ONE NEGOTIATED AGREEMENT RATHER
 THAN TWO SEPARATE AGREEMENTS.  ACCORDINGLY, THE AUTHORITY WILL ORDER
 THAT THE UNIT REPRESENTED BY THE NATIONAL OFFICE OF THE AFGE BE
 CLARIFIED TO INCLUDE THE 17 QUALITY ASSURANCE SPECIALISTS FORMERLY
 ASSIGNED TO THE FLIGHT CONTROL QUALITY SECTION OF THE FLIGHT INSTRUMENTS
 AND PNEUDRAULICS COMPONENTS DIVISION, NOW ASSIGNED TO THE QUALITY
 ASSURANCE DIVISION OF THE ACTIVITY'S DIRECTORATE OF MAINTENANCE, AND
 THAT THE UNIT REPRESENTED BY IFPTE, LOCAL 220, BE CLARIFIED TO EXCLUDE
 SUCH EMPLOYEES.  /10/
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE UNIT OF EXCLUSIVE RECOGNITION GRANTED
 TO THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1857, WHICH
 WAS CONSOLIDATED INTO A NATION-WIDE UNIT OF NONSUPERVISORY,
 NONPROFESSIONAL EMPLOYEES OF CERTAIN ENUMERATED AIR FORCE LOGISTICS
 COMMAND FACILITIES EXCLUSIVELY REPRESENTED BY THE NATIONAL OFFICE OF THE
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO BE, AND IT HEREBY
 IS, CLARIFIED TO INCLUDE ALL ELIGIBLE NONPROFESSIONAL QUALITY ASSURANCE
 SPECIALISTS WITHIN THE QUALITY ASSURANCE DIVISION, DIRECTORATE OF
 MAINTENANCE, SACRAMENTO AIR LOGISTICS CENTER, MCCLELLAN AIR FORCE BASE.
 
    IT IS ALSO ORDERED THAT THE UNIT OF EXCLUSIVE RECOGNITION GRANTED TO
 THE INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS,
 LOCAL 220, AFL-CIO BE, AND IT HEREBY IS, CLARIFIED TO EXCLUDE ALL
 ELIGIBLE NONPROFESSIONAL QUALITY ASSURANCE SPECIALISTS WITHIN THE
 QUALITY ASSURANCE DIVISION, DIRECTORATE OF MAINTENANCE, SACRAMENTO AIR
 LOGISTICS CENTER, MCCLELLAN AIR FORCE BASE.
 
    ISSUED, WASHINGTON, D.C., SEPTEMBER 20, 1979
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                  FEDERAL LABOR RELATIONS AUTHORITY /11/
 
    /1/ THE EXCLUSIVE REPRESENTATIVE OF THE AFGE BARGAINING UNIT
 EMPLOYEES HEREIN IS NOW THE NATIONAL OFFICE OF THE AFGE, AND NOT AFGE
 LOCAL 1857, AFGE LOCAL 1857 HAD REPRESENTED A RESIDUAL UNIT OF WAGE
 GRACE (WG) AND GENERAL SCHEDULE (GS) EMPLOYEES AT THE ACTIVITY PRIOR TO
 THE JANUARY 1978 NATIONWIDE CONSOLIDATION OF AFGE AIR FORCE LOGISTICS
 COMMAND FACILITIES.  THE STATUS OF AFGE LOCAL 1857 AS THE AGENT FOR THE
 NATIONAL OFFICE OF THE AFGE WAS NOT CHALLENGED AT THE HEARING.
 
    /2/ THE PRESENT DESCRIPTION OF THE IFPTE UNIT IS AS FOLLOWS:
 
    INCLUDED:  ALL ELIGIBLE EMPLOYEES IN THE FLIGHT COMPUTER SECTION,
 FLIGHT INDICATOR SECTION,
 
    GENERAL FLIGHT INSTRUMENTS SECTION AND FLIGHT CONTROL QUALITY SECTION
 OF THE FLIGHT
 
    INSTRUMENTS, HYDRAULICS AND ELECTRICAL COMPONENTS DIVISION IN THE
 DIRECTORATE OF
 
    MAINTENANCE.  EXCLUDED:  MANAGEMENT OFFICIALS, SUPERVISORS,
 PROFESSIONAL EMPLOYEES, EMPLOYEES
 
    WITH TEMPORARY APPOINTMENT NTE 1 YEAR AND EMPLOYEES ENGAGED IN
 CIVILIAN PERSONNEL WORK OTHER
 
    THAN IN A PURELY CLERICAL CAPACITY.
 
    /3/ AS THE PETITION HEREIN RAISED NO QUESTION CONCERNING THE
 CONTINUING APPROPRIATENESS OF THE REMAINDER OF THE IFPTE UNIT, THE
 AUTHORITY MAKES NO FINDINGS IN THIS REGARD.
 
    /4/ THESE DIVISIONS WERE:  INDUSTRIAL SYSTEMS ENGINEERING DIVISION,
 AIR CRAFT DIVISION, INDUSTRIAL PRODUCTS AND ELECTRIC COMPONENTS
 DIVISION, COMMUNICATIONS ELECTRONICS-METEOROLOGICAL DIVISION, FLIGHT
 INSTRUMENTS AND PNEUDRAULICS COMPONENTS DIVISION, WHICH CONTAIN QUALITY
 BRANCHES AND RESOURCES MANAGEMENT AND PLAN MANAGEMENT DIVISIONS, WHICH
 DO NOT.
 
    /5/ THESE SECTIONS WERE UNAFFECTED BY THE REORGANIZATION.
 
    /6/ THE PNEUDRAULIC QUALITY SECTION OF THE QUALITY BRANCH IS PART OF
 THE AFGE'S UNIT.  THE TOTAL IFPTE UNIT CONTAINS APPROXIMATELY 540
 EMPLOYEES.
 
    /7/ OF THE 289 GS 1910 SERIES QUALITY ASSURANCE SPECIALISTS EMPLOYED
 BY THE ACTIVITY 272 ARE MEMBERS OF THE AFGE UNIT WITH 17 BELONGING TO
 THE IFPTE UNIT.
 
    /8/ THE IFPTE ARGUES, AND THE ACTIVITY AND AFGE APPEARS TO CONCEDE
 THE FACT, THAT ASPECTS OF THE JOB CONTENT OF THE 17 AFFECTED IFPTE
 QUALITY ASSURANCE SPECIALISTS WERE UNCHANGED.  THUS, THESE EMPLOYEES
 STILL PERFORMED THEIR SAME PRIMARY FUNCTION, IN THE SAME SEPARATE WORK
 LOCATION, UNDER THE SAME IMMEDIATE FOREMAN AND CONTINUED TO BE SUBJECT
 TO ACTIVITY-WIDE PERSONNEL POLICIES AND PRACTICES ADMINISTERED BY THE
 CENTRAL PERSONNEL OFFICE.
 
    /9/ SEE DEPARTMENT OF THE ARMY, FT. MCPHERSON, GEORGIA, FLRA NO.
 67A-82, 5 FLRC 398 (JUNE 2, 1977).
 
    /10/ 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.
 
    /11/ MEMBER LEON B. APPLEWHAITE DID NOT PARTICIPATE IN THE PRESENT
 CASE, WHICH HAD BEEN PROCESSED PRIOR TO HIS CONFIRMATION BY THE UNITED
 STATES SENATE AS A MEMBER OF THE AUTHORITY.