Federal Aviation Administration, Airway Facilities Sector, Tulsa, Oklahoma (Activity) and International Association of Machinist and Aerospace Workers, AFL-CIO, Local 2266 (Exclusive Representative)  

 1 FLRA No. 118
 
 FEDERAL AVIATION ADMINISTRATION,
 AIRWAY FACILITIES SECTOR,
 TULSA, OKLAHOMA
 Activity
 
 and
 
 INTERNATIONAL ASSOCIATION OF MACHINIST
 AND AEROSPACE WORKERS, AFL-CIO, LOCAL 2266
 Exclusive Representative
 
                                            Assistant Secretary
                                            Case No. 63-8801(RA)
 
                            DECISION AND ORDER
 
    UPON A PETITION DULY FILED UNDER SECTION 6 OF EXECUTIVE ORDER 11491,
 AS AMENDED, A HEARING WAS HELD BEFORE ADMINISTRATIVE LAW JUDGE STEVEN E.
 HALPERN.  /1/ THE ADMINISTRATIVE LAW JUDGE'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 CONSIDERATION OF THE ENTIRE RECORD IN THIS CASE, INCLUDING THE
 BRIEF FILED BY THE ACTIVITY, THE AUTHORITY FINDS:
 
    PRIOR TO A REORGANIZATION OF SEPTEMBER 10, 1978, THE TULSA, OKLAHOMA
 AIRWAY FACILITY SECTOR (TULSA AFS) WAS ONE OF THE 19 AFS'S LOCATED IN
 THE SOUTHWEST REGION OF THE FEDERAL AVIATION ADMINISTRATION (FAA).
 SINCE 1966, THE INTERNATIONAL ASSOCIATION OF MACHINIST AND AEROSPACE
 WORKERS, AFL-CIO, LOCAL 2266 (IAM), HAS BEEN RECOGNIZED AS THE EXCLUSIVE
 REPRESENTATIVE OF ALL ELIGIBLE EMPLOYEES OF THE TULSA AFS.  /2/
 
    EACH AIRWAY FACILITY SECTOR, UNDER THE DIRECTION OF A SECTOR MANAGER,
 IS RESPONSIBLE FOR MAINTAINING AND OPERATING ALL NATIONAL AIRSPACE
 SYSTEM FACILITIES WITHIN ITS GEOGRAPHICAL AREA, ASSURING THAT
 PERFORMANCE IS WITHIN ESTABLISHED TOLERANCES OF ACCURACY AND MEETS
 OPERATIONAL REQUIREMENTS OF AVAILABILITY AND RELIABILITY, MAINTAINING
 ENVIRONMENT SUPPORT FACILITIES AND EQUIPMENT, AND EFFECTIVELY MANAGING
 AVAILABLE RESOURCES.  TO ACCOMPLISH THIS MISSION, EACH SECTOR MANAGER
 HAS A WIDE RANGE OF DISCRETIONARY AUTHORITY WITHIN ESTABLISHED
 GUIDELINES FORMULATED BY THE FAA.  THE EMPLOYEES OF EACH AFS SHARE A
 COMMON MISSION, COMMON OVERALL SUPERVISION, GENERALLY SIMILAR JOB
 CLASSIFICATIONS AND DUTIES, ENJOY UNIFORM PERSONNEL POLICIES AND
 PRACTICES AND ARE SUBJECT TO UNIFORM LABOR RELATIONS POLICIES.  HOWEVER,
 THE BENEFITS ENJOYED BY EMPLOYEES OF EACH AFS MAY VARY DUE TO DIFFERENT
 COLLECTIVE BARGAINING AGREEMENTS.
 
    ON JULY 13, 1978, THE ADMINISTRATOR OF THE FAA APPROVED A
 REORGANIZATION OF SIX AFS'S IN THE SOUTHWEST REGION OF THE FAA,
 EFFECTIVE ON SEPTEMBER 10, 1978.  AS A RESULT OF THIS REORGANIZATION,
 THE TULSA AFS WAS ABOLISHED, AND ITS GEOGRAPHICAL AREA WAS DIVIDED
 BETWEEN THE OKLAHOMA CITY, OKLAHOMA AIRWAY FACILITY SECTOR (OKLAHOMA
 CITY AFS) AND THE LITTLE ROCK, ARKANSAS AIRWAY FACILITY SECTOR (LITTLE
 ROCK AFS.) PURSUANT TO THE REORGANIZATION THE TULSA AFS HEADQUARTERS
 OFFICE WAS ABOLISHED AND THE SECTOR MANAGER AS WELL AS OTHER SUPPORT
 ACTIVITIES AND THEIR EMPLOYEES WERE PHASED OUT.  THE EMPLOYEES LOCATED
 IN THE OFFICES WITHIN THE STATE OF OKLAHOMA WERE ASSIGNED TO THE
 OKLAHOMA CITY AFS.  /3/ THE EMPLOYEES LOCATED IN OFFICES WITHIN THE
 STATE OF ARKANSAS, INCLUDING THE FAYETTEVILLE SECTOR FIELD OFFICE
 (FAYETTEVILLE SFO), HARRISON SECTOR FIELD OFFICE UNIT (HARRISON SFOU),
 AND FORT SMITH SECTOR FIELD OFFICE (FORT SMITH SFO), WERE ASSIGNED TO
 THE LITTLE ROCK AFS.  THE REORGANIZATION ADDED 38 EMPLOYEES TO THE
 OKLAHOMA CITY AFS AND 18 EMPLOYEES TO THE LITTLE ROCK AFS.
 
    UNDER THE REORGANIZATION, THE TULSA AFS BECAME THE TULSA SECOND LEVEL
 SECTOR FIELD OFFICE (TULSA SLSFO), STAFFED BY THE FORMER TULSA AFS
 HEADQUARTERS EMPLOYEES ASSIGNED TO THE PROFICIENCY AND DEVELOPMENT
 STAFF, THE ELECTRONICS TECHNICAL STAFF, THE RADAR/ARTS UNIT AND THE
 NAV/COM UNIT.  UNDER THE NEW ORGANIZATION THE PONCA CITY SFOU, THE ENID
 SFO AND THE BARTLESVILLE SFOU REPORT DIRECTLY TO THE SECTOR MANAGER,
 OKLAHOMA CITY AFS, WHILE THE MCALISTER (SFOU) AND THE CHELSEA (SFOU)
 REPORT TO FIRST LEVEL SUPERVISORS IN THE NEWLY ESTABLISHED TULSA SLSFO.
 IN TURN THE CHIEF OF THE TULSA SLSFO, REPORTS TO THE SECTOR MANAGER,
 OKLAHOMA CITY AFS.  WHEREAS THE OKLAHOMA CITY AFS SECTOR MANAGER IS
 AUTHORIZED TO EXERCISE A WIDE RANGE OF DISCRETIONARY AUTHORITY AS TO
 PERSONNEL MATTERS, THE AUTHORITY OF THE CHIEF OF THE TULSA SLSFO, AS A
 SECOND LEVEL SUPERVISOR, IS QUITE LIMITED, AS IN FACT HE IS NOT
 AUTHORIZED TO INITIATE OR TO DECIDE ADVERSE ACTIONS, RESOLVE FORMAL
 GRIEVANCES UNDER THE GRIEVANCE PROCEDURE PROVIDED IN THE COLLECTIVE
 BARGAINING AGREEMENT SIGNED BY THE ACTIVITY AND THE IAM, NOR NEGOTIATE A
 COLLECTIVE BARGAINING AGREEMENT.
 
    THE 56 FORMER EMPLOYEES OF THE TULSA AFS, INCLUDING THOSE EMPLOYEES
 NOW ASSIGNED TO THE TULSA SLSFO, ARE BOUND BY THE PERSONNEL PRACTICES
 AND WORKING CONDITIONS, AND ARE UNDER THE OVERALL SUPERVISION OF THE
 SECTOR MANAGERS OF THEIR RESPECTIVE AFS'S IN THE SAME MANNER AS THE
 OTHER EMPLOYEES OF THOSE AFS'S.
 
    THE ACTIVITY CONTENDS THAT, DUE TO A REORGANIZATION OCCURRING ON
 SEPTEMBER 10, 1978, THE CHARACTER AND SCOPE OF THE BARGAINING UNIT
 REPRESENTED BY THE IAM SUBSTANTIALLY CHANGED, AND THE UNIT IS NO LONGER
 APPROPRIATE FOR PURPOSES OF EXCLUSIVE RECOGNITION.  THE ACTIVITY ALSO
 CONTENDS THAT THOSE FORMER TULSA AFS EMPLOYEES REASSIGNED TO THE LITTLE
 ROCK AFS SHOULD BE ACCRETED TO THE BARGAINING UNIT REPRESENTED BY THE
 FEDERAL AVIATION SCIENCE, AND TECHNICAL ASSOCIATION, AFFILIATED WITH THE
 NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES (FASTA/NAGE), AND THOSE
 REASSIGNED TO THE OKLAHOMA CITY AFS SHOULD BE ACCRETED TO THE BARGAINING
 UNIT REPRESENTED BY THE PROFESSIONAL AIRWAYS SYSTEM SPECIALISTS (PASS).
 ALTHOUGH THE IAM CONCEDES THAT THE EMPLOYEES REASSIGNED TO THE LITTLE
 ROCK AFS NO LONGER SHARE A COMMUNITY OF INTEREST WITH THE OTHER
 EMPLOYEES OF ITS BARGAINING UNIT, IT CONTENDS THAT, DESPITE THE
 REORGANIZATION, THERE STILL EXISTS AN APPROPRIATE UNIT, CONSISTING OF 27
 EMPLOYEES OF THE TULSA SLSFO, THE MCALISTER SFOU AND THE CHELSEA SFOU
 WHICH IT SHOULD CONTINUE TO REPRESENT.  THE IAM ARGUES THAT THE UNIT IS
 APPROPRIATE AS THESE EMPLOYEES CONTINUE TO SHARE COMMON SUPERVISION,
 EXPERIENCE INTERCHANGE, ENJOY COMMON PERSONNEL POLICIES AND PRACTICES,
 AND PERFORM THE SAME WORK IN THE SAME LOCATIONS AS BEFORE THE
 REORGANIZATION.
 
    IN CONSIDERATION OF THE ABOVE, THE RECORD CLEARLY INDICATES THAT THE
 AUTHORITY OF THE CHIEF OF THE TULSA SLSFO, AS A SECOND LEVEL SUPERVISOR,
 IS QUITE LIMITED IN THAT HE IS NOT AUTHORIZED TO INITIATE OR DECIDE
 ADVERSE ACTIONS, RESOLVE FORMAL GRIEVANCES UNDER THE GRIEVANCE PROCEDURE
 PROVIDED IN THE COLLECTIVE BARGAINING AGREEMENT SIGNED BY THE ACTIVITY
 AND THE IAM, NOR NEGOTIATE A COLLECTIVE BARGAINING AGREEMENT.  FURTHER,
 THE EVIDENCE ESTABLISHES THAT THE 56 FORMER EMPLOYEES OF THE TULSA AFS,
 INCLUDING THOSE EMPLOYEES NOW ASSIGNED TO THE TULSA SLSFO, ARE BOUND BY
 THE SAME PERSONNEL PRACTICES AND WORKING CONDITIONS AND ARE UNDER THE
 OVERALL SUPERVISION OF THE RESPECTIVE AFS SECTOR MANAGERS IN THE SAME
 MANNER AS THE OTHER EMPLOYEES.
 
    UNDER THESE CIRCUMSTANCES, AND NOTING PARTICULARLY THAT THE EMPLOYEES
 OF THE DISESTABLISHED TULSA AFS HAD BEEN ASSIGNED TO TWO SEPARATE SECTOR
 OFFICES, WHERE THEY HAVE DIFFERENT WORKING CONDITIONS, PERSONNEL
 POLICIES AND PRACTICES AND SEPARATE OVERALL SUPERVISION, THE AUTHORITY
 FINDS THAT THE SEPTEMBER 10, 1978, REORGANIZATION, WHICH ABOLISHED THE
 TULSA AFS, AFFECTED A SUBSTANTIAL CHANGE IN BOTH THE SCOPE AND CHARACTER
 OF THE EXCLUSIVELY RECOGNIZED UNIT REPRESENTED BY THE IAM, IN EFFECT,
 RENDERING SUCH UNIT INAPPROPRIATE FOR THE PURPOSE OF EXCLUSIVE
 RECOGNITION UNDER THE ORDER.  CONSEQUENTLY, IN THE AUTHORITY'S VIEW, THE
 ACTIVITY IS UNDER NO OBLIGATION TO CONTINUE TO RECOGNIZE THE IAM AS THE
 EXCLUSIVE REPRESENTATIVE OF SUCH EMPLOYEES.  /4/
 
    ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT THE ACTIVITY'S PETITION
 HEREIN BE DISMISSED.  /5/
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE PETITION IN CASE NO 63-38801(RA), BE
 AND IT HEREBY IS, DISMISSED.
 
    ISSUED, WASHINGTON, D.C., SEPTEMBER 28, 1979
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                   FEDERAL LABOR RELATIONS AUTHORITY /6/
 
    /1/ THE SUBJECT RA PETITION WAS ORIGINALLY CONSOLIDATED WITH AN
 UNFAIR LABOR PRACTICE COMPLAINT IN CASE NO. 63-8814(CA) FOR HEARING.  AT
 A PRE-HEARING CONFERENCE CONDUCTED BY THE ADMINISTRATIVE LAW JUDGE, THE
 COMPLAINT IN CASE NO. 63-8814(CA) WAS WITHDRAWN.  THEREAFTER, THE
 ADMINISTRATIVE LAW JUDGE CONDUCTED THE HEARING IN THE SUBJECT CASE.
 
    /2/ AS A RESULT OF A REORGANIZATION IN 1971, AN ELECTION WAS HELD
 PURSUANT TO A RA PETITION, WHICH RESULTED IN THE IAM BEING CERTIFIED ON
 SEPTEMBER 23, 1975, AS THE EXCLUSIVE REPRESENTATIVE OF ALL
 NONSUPERVISORY GENERAL SCHEDULE (GS) AND WAGE GRADE (WG) EMPLOYEES
 ASSIGNED TO THE TULSA AFS.  THEREAFTER, NEGOTIATIONS BETWEEN THE PARTIES
 RESULTED IN A COLLECTIVE BARGAINING AGREEMENT, EFFECTIVE OCTOBER 7,
 1976.
 
    /3/ THESE EMPLOYEES INCLUDE THOSE ASSIGNED TO THE PONCA CITY SECTOR
 FIELD OFFICE, (PONCA CITY SFO), ENID SECTOR FIELD OFFICE (ENID SFO),
 BARTLESVILLE SECTOR FIELD OFFICE UNIT (BARTLESVILLE SFOU), MCALISTER
 SECTOR FIELD OFFICE UNIT (MCALISTER SFOU), CHELSEA SECTOR FIELD OFFICE
 UNIT (CHELSEA SFOU), AND THE TULSA AFS HEADQUARTER EMPLOYEES ASSIGNED TO
 THE PROFICIENCY AND DEVELOPMENT STAFF, THE ELECTRONICS TECHNICAL STAFF,
 THE RADAR/ARTS UNIT AND THE NAV/COM UNIT.
 
    /4/ IT SHOULD BE NOTED THAT WHILE IT HAS BEEN FOUND THAT THE UNIT
 HEREIN IS NO LONGER IN EXISTENCE, THIS FINDING WILL NOT PRECLUDE THE
 FILING OF AN APPROPRIATE PETITION FOR CLARIFICATION OF UNIT SEEKING A
 DETERMINATION AS TO WHETHER OR NOT ANY OF THE DISPUTED EMPLOYEES HAVE
 ACCRETED TO ANY OTHER GROUPING OF EMPLOYEES WITHIN THE ACTIVITY.
 
    /5/ IN CONFORMITY WITH SECTION 902(B) OF THE CIVIL SERVICE REFORM ACT
 OF 1978 (92 STAT. 1224), THE INSTANT CASE WAS 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 HAVE BEEN REACHED BY THE AUTHORITY IF THE CASE HAD
 ARISEN UNDER THE STATUTE RATHER THAN THE ORDER.
 
    /6/ 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.