U.S. Army Communications Command Agency, St. Louis, Missouri (Activity-Petitioner) and National Federation of Federal Employees, Local 405 (Labor Organization)  

 2 FLRA No. 26
 
 U.S. ARMY COMMUNICATIONS COMMAND AGENCY,
 ST. LOUIS, MISSOURI
 Activity-Petitioner
 
 and
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 405
 Labor Organization
 
                                            Assistant Secretary
                                            Case No. 62-6101(RA)
 
                            DECISION AND ORDER
 
    UPON A PETITION DULY FILED UNDER SECTION 6 OF EXECUTIVE ORDER 11491,
 AS AMENDED, A HEARING WAS HELD BEFORE HEARING OFFICER GREGORY P. EGAN.
 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, IN
 A MATTER SUCH AS HERE INVOLVED, 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 THIS CASE, THE AUTHORITY FINDS:
 
    THE U.S. ARMY COMMUNICATIONS COMMAND AGENCY - ST. LOUIS (USACCA, ST.
 LOUIS OR ACTIVITY), FILED THE SUBJECT PETITION SEEKING A DETERMINATION
 WHETHER, AS A RESULT OF A REORGANIZATION, THE BARGAINING UNIT
 REPRESENTED EXCLUSIVELY BY THE NATIONAL FEDERATION OF FEDERAL EMPLOYEES,
 LOCAL 405 (NFFE), REMAINS APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE
 RECOGNITION UNDER THE ORDER.  /1/ USACCA, ST. LOUIS CONTENDS THAT, AS A
 RESULT OF THE REORGANIZATION, THE PRESENT UNIT IS NO LONGER APPROPRIATE
 AND THAT ONLY AN ACTIVITY-WIDE UNIT OF NONPROFESSIONAL GENERAL SCHEDULE
 (GS) AND WAGE GRADE (WG) EMPLOYEES WOULD BE APPROPRIATE.  FURTHER,
 USACCA, ST. LOUIS CONTENDS THAT, BECAUSE THE ASSERTED BARGAINING UNIT
 EMBRACES EMPLOYEES PREVIOUSLY UNREPRESENTED, THERE SHOULD BE AN ELECTION
 TO DETERMINE WHETHER NFFE REPRESENTS A MAJORITY OF EMPLOYEES IN THE
 UNIT.  WHILE NFFE AGREES WITH USACCA, ST. LOUIS THAT AN ACTIVITY-WIDE
 UNIT OF NONPROFESSIONAL GS AND WG EMPLOYEES WOULD BE APPROPRIATE, NFFE
 CONTENDS THAT THE PREVIOUSLY UNREPRESENTED EMPLOYEES SHOULD BE ACCRETED
 TO THE BARGAINING UNIT IT CURRENTLY REPRESENTS EXCLUSIVELY, AND THAT AN
 ELECTION IS UNNECESSARY.
 
    ON JUNE 27, 1968, THE U.S. ARMY MOBILITY EQUIPMENT COMMAND (MECOM)
 GRANTED EXCLUSIVE RECOGNITION TO NFFE FOR A UNIT OF ALL NONPROFESSIONAL
 EMPLOYEES OF MECOM, INCLUDING EMPLOYEES IN ITS
 COMMUNICATIONS-ELECTRONICS DIVISION, LOCATED IN ST. LOUIS, MISSOURI.
 /2/ THE MISSION OF MECOM WAS TRANSFERRED TO THE U.S. ARMY TROOP SUPPORT
 COMMAND (TROSCOM) IN APRIL 1973.  SHORTLY THEREAFTER, THE
 COMMUNICATIONS-ELECTRONICS DIVISION OF TROSCOM BECAME THE U.S. ARMY
 STRATEGIC U.S. ARMY COMMUNICATIONS COMMAND AGENCY-TROSCOM WHICH, IN
 OCTOBER 1973, WAS RENAMED THE U.S. ARMY COMMUNICATIONS COMMAND
 AGENCY-TROSCOM (USACCA).  THESE ABOVE REORGANIZATIONS WERE REFLECTED BY
 AN AMENDMENT OF RECOGNITION ISSUED IN FEBRUARY 1975 CHANGING THE UNIT
 DESCRIPTION FOR THE SUBJECT UNIT FROM ALL MECOM EMPLOYEES LOCATED IN ST.
 LOUIS, MISSOURI, TO ALL TROSCOM AND USACCA EMPLOYEES LOCATED AT 4300
 GOODFELLOW BOULEVARD, ST. LOUIS, MISSOURI.
 
    ON FEBRUARY 1, 1975, USACCA AND THE U.S. ARMY COMMUNICATIONS COMMAND
 DETACHMENT OF THE U.S. ARMY AVIATION SYSTEMS COMMAND (AVSCOM) WERE
 MERGED TO FORM USACCA, ST.  LOUIS, WHOSE EMPLOYEES ARE LOCATED AT 4300
 GOODFELLOW BOULEVARD, THE MART BUILDING, AND GRANITE CITY, ILLINOIS.
 THE RECORD FURTHER REVEALS THAT AS A CONSEQUENCE OF THE FEBRUARY 1,
 1975, REORGANIZATION, APPROXIMATELY 16 AVSCOM EMPLOYEES STATIONED AT THE
 MART BUILDING AND AT GRANITE CITY, ILLINOIS, BECAME PART OF THE
 ACTIVITY.  HOWEVER, FOLLOWING THE REORGANIZATION, NEITHER USACCA, ST.
 LOUIS NOR N-FE FILED THE APPROPRIATE PETITION SEEKING A DETERMINATION AS
 TO WHETHER THESE 16 EMPLOYEES WERE INCLUDED IN THE EXISTING BARGAINING
 UNIT.  PURSUANT TO A REORGANIZATION IN JULY 1977, THE COMBINED TROSCOM
 AND USACCA, ST. LOUIS BARGAINING UNIT REPRESENTED BY NFFE WAS
 ADMINISTRATIVELY SEPARATED BY MERGING TROSCOM WITH AVSCOM TO FORM A NEW
 ORGANIZATION CALLED THE U.S. ARMY TROOP SUPPORT AND AVIATION MATERIEL
 READINESS COMMAND (TSARCOM).  ON APRIL 6, 1978, AS A RESULT OF A CONSENT
 ELECTION, NFFE WAS CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE FOR A UNIT
 OF APPROXIMATELY 3,344 ELIGIBLE NONPROFESSIONAL, GS AND WG EMPLOYEES OF
 TSARCOM LOCATED AT 4300 GOODFELLOW BOULEVARD.  WHEREAS PRIOR TO THE
 REORGANIZATION WHICH CREATED TSARCOM THERE WERE APPROXIMATELY, 1,568
 ELIGIBLE EMPLOYEES IN THE COMBINED TROSCOM AND USACCA, ST. LOUIS
 BARGAINING UNIT, AS A RESULT OF THE REORGANIZATION AND THE ABOVE-NOTED
 ELECTION AND CERTIFICATION OF REPRESENTATIVE, ONLY 59 EMPLOYEES OF
 USACCA, ST. LOUIS REMAIN IN THE SUBJECT UNIT.  /3/ ALTHOUGH THE PARTIES
 ARE IN AGREEMENT THAT AN ACTIVITY-WIDE UNIT INCLUDING THE USACCA, ST.
 LOUIS EMPLOYEES LOCATED AT 4300 GOODFELLOW BOULEVARD, ST. LOUIS,
 MISSOURI AND OTHER USACCA, ST. LOUIS EMPLOYEES LOCATED ELSEWHERE IS
 APPROPRIATE, THEY DISAGREE AS TO THE STATUS OF THE 16 EMPLOYEES ADDED TO
 THE ACTIVITY AS A CONSEQUENCE OF THE FEBRUARY 1, 1975, REORGANIZATION.
 
    THE INSTANT RA PETITION IS INAPPROPRIATE TO RAISE THE QUESTION OF THE
 STATUS OF CERTAIN EMPLOYEES IN RELATION TO THE EXISTING EXCLUSIVELY
 RECOGNIZED BARGAINING UNIT.  /4/ HOWEVER, IN VIEW OF THE PARTIES' CLEAR
 INTENTION, AS REFLECTED IN THE RECORD HEREIN, THAT THE STATUS OF CERTAIN
 EMPLOYEES BE RESOLVED, IT IS THE OPINION OF THE AUTHORITY THAT TO
 DECLINE TO ADDRESS THIS ISSUE BECAUSE THE PARTIES FAILED TO FILE THE
 APPROPRIATE PETITION WOULD BE OVERLY TECHNICAL.  RATHER, IN THE VIEW OF
 THE AUTHORITY, IT WOULD EFFECTUATE THE PURPOSES AND POLICIES OF THE
 ORDER TO TREAT THE SUBJECT RA PETITION AS THOUGH COMPANION CU AND AC
 PETITIONS HAD BEEN FILED.  /5/
 
    IT HAS BEEN 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.  IN ADDITION, ANY
 SUCH FINDING SHOULD ADVANCE THE PURPOSES AND POLICIES OF THE ORDER BY
 PREVENTING FURTHER FRAGMENTATION OF BARGAINING UNITS AND REDUCING
 EXISTING FRAGMENTATION, THEREBY PROMOTING A MORE COMPREHENSIVE
 BARGAINING UNIT STRUCTURE.  FURTHER, IN THE FEDERAL SECTOR A FINDING OF
 ACCRETION IS NOT DEPENDENT UPON THOROUGH PHYSICAL INTEGRATION OF THE
 EMPLOYEES AT ISSUE INTO THE EXISTING UNIT.  /6/
 
    BASED ON THE ABOVE, THE AUTHORITY FINDS THAT AT THE TIME OF THE
 FEBRUARY 1, 1975, REORGANIZATION THE APPROXIMATELY 16 EMPLOYEES LOCATED
 AT THE MART BUILDING AND GRANITE CITY, ILLINOIS, ACCRETED TO THE
 EXISTING BARGAINING UNIT REPRESENTED EXCLUSIVELY BY NFFE.  /7/ THUS, THE
 RECORD DISCLOSES THAT SINCE THE FEBRUARY 1, 1975, REORGANIZATION THE 16
 EMPLOYEES WERE FUNCTIONALLY AND ORGANIZATIONALLY INTEGRATED INTO THE
 ACTIVITY.  SINCE THE REORGANIZATION, THE 16 EMPLOYEES HAVE SHARED WITH
 THE OTHER EMPLOYEES OF THE ACTIVITY A COMMON MISSION AND OVERALL
 SUPERVISION, INTEGRATED OPERATIONS, SIMILAR JOB CLASSIFICATIONS, DUTIES
 AND WORKING CONDITIONS, HAVE EXPERIENCED INTERCHANGE, AND ENJOY COMMON
 PERSONNEL POLICIES AND PRACTICES ADMINISTERED BY THE SAME PERSONNEL
 OFFICE.  FURTHER, BASED ON THE ABOVE, THE AUTHORITY CONCLUDES THAT THEIR
 INCLUSION IN SUCH UNIT WOULD PROMOTE EFFECTIVE DEALINGS AND EFFICIENCY
 OF AGENCY OPERATIONS.  ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT THE
 SUBJECT BARGAINING UNIT BE CLARIFIED TO INCLUDE ALL EMPLOYEES OF THE
 ACTIVITY LOCATED AT THE MART BUILDING AND AT GRANITE CITY, ILLINOIS.
 
    WITH REGARD TO THE ISSUE CONCERNING THE CONTINUED APPROPRIATENESS OF
 THE SUBJECT BARGAINING UNIT, THE AUTHORITY FINDS, IN AGREEMENT WITH THE
 ACTIVITY AND NFFE, THAT THE UNIT, AS CLARIFIED, CONTINUES TO BE
 APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION UNDER THE ORDER.
 /8/ THUS, AS INDICATED ABOVE, AS A RESULT OF THE REORGANIZATION OF JULY
 1977, THE EMPLOYEES OF TROSCOM WERE MERGED WITH THE EMPLOYEES OF AVSCOM
 TO FORM A NEW ORGANIZATIONAL ENTITY, TSARCOM, AND A NEW BARGAINING UNIT
 EMBRACING ALL ELIGIBLE EMPLOYEES OF TSARCOM.  THE REMAINDER OF THE
 SUBJECT BARGAINING UNIT, AS CLARIFIED ABOVE, EMBRACES ALL ELIGIBLE
 EMPLOYEES OF THE ACTIVITY IN THE ST. LOUIS METROPOLITAN AREA.  IN THE
 AUTHORITY'S VIEW, SUCH A UNIT WOULD INCLUDE ALL EMPLOYEES WHO SHARE A
 CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST, AND WOULD PROMOTE
 EFFECTIVE DEALINGS AND EFFICIENCY OF AGENCY OPERATIONS.  ACCORDINGLY,
 THE AUTHORITY SHALL DISMISS THE SUBJECT RA PETITION.
 
    FINALLY, ALTHOUGH, AS INDICATED ABOVE, THE SUBJECT RA PETITION IS NOT
 THE PROPER MECHANISM TO AMEND THE SUBJECT RECOGNITION TO CONFORM TO THE
 EXISTING CIRCUMSTANCES RESULTING FROM THE NOMINAL AND TECHNICAL CHANGES
 OCCASIONED BY THE VARIOUS REORGANIZATIONS WHICH HAVE OCCURRED, THE
 RECORD CLEARLY INDICATES THE ACTIVITY AND NFFE DESIRE THAT THE SUBJECT
 BARGAINING UNIT CONTINUE IN EXISTENCE DESPITE THESE CHANGES.
 ACCORDINGLY, FOR THE REASONS SET FORTH ABOVE, THE AUTHORITY FINDS THAT
 IT WOULD PROMOTE THE PURPOSES AND POLICIES OF THE ORDER TO TREAT THE
 SUBJECT PETITION AS THOUGH A COMPANION AC PETITION HAD BEEN FILED, AND
 AMEND THE SUBJECT BARGAINING UNIT DESCRIPTION TO CONFORM IT TO REFLECT
 THE CHANGED CIRCUMSTANCES.
 
                                 ORDER /9/
 
    IT IS HEREBY ORDERED THAT THE UNIT EXCLUSIVELY REPRESENTED BY THE
 NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 405, BE, AND IT HEREBY
 IS, CLARIFIED BY INCLUDING IN SUCH UNIT EMPLOYEES OF THE ACTIVITY
 LOCATED AT THE MART BUILDING AND GRANITE CITY, ILLINOIS.
 
    IT IS FURTHER ORDERED THAT THE EXCLUSIVE RECOGNITION GRANTED ON JUNE
 27, 1968, TO THE NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 405,
 AND AMENDED ON FEBRUARY 28, 1975, BE, AND IT HEREBY IS, FURTHER AMENDED,
 BY SUBSTITUTING THE DESIGNATION "U.S. ARMY COMMUNICATIONS COMMAND AGENCY
 - ST. LOUIS" FOR THE DESIGNATION "TROSCOM AND U.S. ARMY COMMUNICATIONS
 AGENCY - TROSCOM" AND SUBSTITUTING THE DESIGNATION "ST. LOUIS
 METROPOLITAN AREA" FOR THE DESIGNATION "4300 GOODFELLOW BOULEVARD, ST.
 LOUIS, MISSOURI."
 
    THE UNIT DESCRIPTION, AS AMENDED, IS AS FOLLOWS:
 
    ALL GENERAL SCHEDULE AND WAGE GRADE EMPLOYEES OF THE U.S.  ARMY
 COMMUNICATIONS COMMAND
 
    AGENCY - ST. LOUIS LOCATED IN THE ST. LOUIS METROPOLITAN AREA
 EXCLUDING MANAGEMENT OFFICIALS,
 
    PROFESSIONAL EMPLOYEES, CONFIDENTIAL EMPLOYEES, AND EMPLOYEES ENGAGED
 IN FEDERAL PERSONNEL
 
    WORK IN OTHER THAN A PURELY CLERICAL CAPACITY AND SUPERVISORS AS
 DEFINED IN THE ORDER.
 
    IT IS FURTHER ORDERED THAT THE PETITION IN CASE NO. 62-6101(RA) BE,
 AND IT HEREBY IS, DISMISSED.
 
    ISSUED, WASHINGTON, D.C., DECEMBER 13, 1979
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                  FEDERAL LABOR RELATIONS AUTHORITY /10/
 
    /1/ NFFE IS THE EXCLUSIVE REPRESENTATIVE OF EMPLOYEES IN A UNIT
 DESCRIBED AS:
 
    ALL U.S. ARMY TROOP SUPPORT COMMAND (TROSCOM) AND U.S. ARMY
 COMMUNICATIONS AGENCY - TROSCOM
 
    (USACCA - TROSCOM) CIVILIAN EMPLOYEES, CLASSIFIED, PROFESSIONAL AND
 WAGE GRADE, LOCATED AT
 
    4300 GOODFELLOW BOULEVARD, ST. LOUIS, MISSOURI, EXCLUDING ALL TROSCOM
 AND USACCA - TROSCOM
 
    EMPLOYEES WITH A DUTY STATION OTHER THAN 4300 GOODFELLOW BOULEVARD,
 ST. LOUIS, MISSOURI, AND
 
    SUPERVISORS, MANAGEMENT OFFICIALS, GUARDS, AND EMPLOYEES ENGAGED IN
 FEDERAL PERSONNEL WORK IN
 
    OTHER THAN A PURELY CLERICAL CAPACITY.
 
    /2/ SUBSEQUENTLY ON JULY 25, 1968, THE RECOGNIZED UNIT WAS EXPANDED
 TO INCLUDE PROFESSIONAL EMPLOYEES, ALTHOUGH THE UNIT DESCRIPTION WAS NOT
 AMENDED TO REFLECT THIS CHANGE.
 
    /3/ THE EMPLOYEES OF USACCA, ST. LOUIS ENCOMPASSED WITHIN THE SUBJECT
 BARGAINING UNIT HAVE BEEN COVERED BY COLLECTIVE BARGAINING AGREEMENTS
 SINCE 1969.
 
    /4/ IT IS WELL ESTABLISHED THAT UNDER E.O. 11491 A UNIT CLARIFICATION
 (CU) PETITION AND NOT A RA PETITION IS THE PROPER VEHICLE TO USE IN
 SEEKING A DETERMINATION AS TO THE STATUS OF CERTAIN EMPLOYEES IN
 RELATION TO THE EXISTING EXCLUSIVELY REPRESENTED BARGAINING UNITS.
 MOREOVER, AN AC PETITION IS THE PROPER VEHICLE TO CONFORM THE EXISTING
 RECOGNITION OR CERTIFICATION TO EXISTING CIRCUMSTANCES RESULTING FROM
 NOMINAL OR TECHNICAL CHANGES.  HEADQUARTERS, U.S. ARMY AVIATION COMMAND,
 ST. LOUIS, MISSOURI, 2 A/SLMR 278(1972), A/SLMR NO. 160.
 
    /5/ SEE HEADQUARTERS, U.S. ARMY AVIATION SYSTEMS COMMAND, ST.  LOUIS,
 MISSOURI, SUPRA, AND U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,
 INDIANAPOLIS, INDIANA AREA OFFICE, 2 A/SLMR 471(1972), A/SLMR NO. 202.
 
    /6/ SEE DEPARTMENT OF THE ARMY, FORT MCPHERSON, GEORGIA, 5 FLRC 398,
 FLRC NO. 76A-82, (JUNE 2, 1977).
 
    /7/ CF. NAVAL TRAINING CENTER, ORLANDO, FLORIDA, A/SLMR NO.
 988(1978);  AND DEPARTMENT OF THE NAVY, SPECIAL SERVICES DEPARTMENT,
 NAVAL STATION, NORFOLK, VIRGINIA, 7 A/SLMR 53, A/SLMR NO. 782(1977).
 
    /8/ CF. DEFENSE CONTRACT ADMINISTRATION SERVICES REGION, BOSTON,
 MASSACHUSETTS, 7 A/SLMR 817, A/SLMR NO. 905(1977);  UNITED STATES COAST
 GUARD AIR STATION, NON-APPROPRIATED FUND ACTIVITY, CAPE COD,
 MASSACHUSETTS, 5 A/SLMR 609, A/SLMR NO. 561(1975).
 
    /9/ 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.
 
    /10/ 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.