[ v04 p107 ]
04:0107(18)CU
The decision of the Authority follows:
4 FLRA No. 18
DEPARTMENT OF THE NAVY
NAVY REGIONAL DATA
AUTOMATION CENTER,
JACKSONVILLE, FLORIDA
Activity/Petitioner
Case No. 4-CU-18
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 696
Labor Organization
DEPARTMENT OF THE NAVY,
REGIONAL ACCOUNTING AND
DISBURSING CENTER,
JACKSONVILLE, FLORIDA
Activity/Petitioner
Case No. 4-CU-19
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 696
Labor Organization
DECISION AND ORDER CLARIFYING UNIT
UPON PETITIONS /1/ DULY FILED WITH THE FEDERAL LABOR RELATIONS
AUTHORITY UNDER SECTION 7111(B)(2) OF THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7101-7135), A CONSOLIDATED
HEARING WAS HELD BEFORE A HEARING OFFICER OF THE AUTHORITY. THE
AUTHORITY HAS REVIEWED THE HEARING OFFICER'S RULINGS MADE AT THE HEARING
AND FINDS THAT THEY ARE FREE FROM PREJUDICIAL ERROR. THE RULINGS ARE
HEREBY AFFIRMED.
UPON THE ENTIRE RECORD IN THIS CASE, INCLUDING THE BRIEFS OF THE
PARTIES, THE AUTHORITY FINDS:
THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 696, HEREIN
CALLED AFGE, WAS MOST RECENTLY CERTIFIED, ON FEBRUARY 1, 1977, IN A
CONSOLIDATED UNIT OF ALL GRADED, APPROPRIATED FUND EMPLOYEES EMPLOYED BY
THE NAVAL AIR STATION, FLORIDA, EXCLUDING PROFESSIONAL EMPLOYEES,
MANAGEMENT OFFICIALS, EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN
OTHER THAN A PURELY CLERICAL CAPACITY AND SUPERVISORS AS DEFINED IN
EXECUTIVE ORDER 11491, AS AMENDED. AT THE TIME OF CERTIFICATION, THERE
WERE APPROXIMATELY 600 EMPLOYEES IN THE BARGAINING UNIT. A COLLECTIVE
BARGAINING AGREEMENT WAS IN EFFECT BETWEEN THE NAVAL AIR STATION, HEREIN
CALLED NAS, AND AFGE FOR THE ABOVE DESCRIBED UNIT FROM DECEMBER 9, 1977,
TO DECEMBER 8, 1979. ATTEMPTS WERE BEING MADE TO NEGOTIATE A NEW
CONTRACT AT THE TIME OF THE HEARING. PENDING THE OUTCOME OF THE
REPRESENTATION ISSUE, THE PARTIES HAVE AGREED TO CONTINUE TO APPLY THE
TERMS AND CONDITIONS OF THE NAS AGREEMENT TO THE EMPLOYEES IN ISSUE.
CASE NO. 4-CU-18
PRIOR TO THE REORGANIZATION WHICH RESULTED IN THE INSTANT PETITION,
INCLUDED IN THE NAS UNIT WAS A DATA PROCESSING DEPARTMENT, WHICH
SERVICED ALL OF NAS AS WELL AS ITS SATELLITE STATION AT CECIL FIELD. ON
JULY 1, 1978, THE NAVY REGIONAL DATA AUTOMATION CENTER, JACKSONVILLE,
FLORIDA, HEREIN CALLED NARDAC OR PETITIONER, WAS CREATED TO PROVIDE
REGIONAL DATA PROCESSING SERVICES TO NAVY ACTIVITIES. ALL OF THE
APPROXIMATELY 110 EMPLOYEES OF THE NAS DATA PROCESSING DEPARTMENT WERE
TRANSFERRED-IN-PLACE TO THE NARDAC.
THE PETITIONER CONTENDS THAT NARDAC SHOULD BE EXCLUDED FROM THE NAS
BARGAINING UNIT BECAUSE THE ESTABLISHMENT OF NARDAC AS A SEPARATE,
INDEPENDENT COMMAND AND THE TRANSFER OF THE DATA PROCESSING PEOPLE TO
NARDAC EFFECTIVELY DESTROYED ANY COMMUNITY OF INTEREST WHICH PREVIOUSLY
EXISTED BETWEEN THESE EMPLOYEES AND NAS. PETITIONER FURTHER CLAIMS THAT
THE CONTINUED INCLUSION IN THE NAS UNIT WOULD NOT PROMOTE EFFECTIVE
DEALINGS OR EFFICIENCY OF AGENCY OPERATIONS, AND WOULD HINDER AN
EFFECTIVE LABOR-MANAGEMENT RELATIONS PROGRAM.
AFGE MAINTAINS THAT, DESPITE THE REORGANIZATION, LABOR-MANAGEMENT
RELATIONS HAVE CONTINUED AS BEFORE, WORKING CONDITIONS HAVE REMAINED THE
SAME, AND THE PHYSICAL LOCATION OF THE EMPLOYEES HAS NOT CHANGED. THUS,
IT BELIEVES THE NAS UNIT SHOULD CONTINUE TO INCLUDE THE NARDAC
EMPLOYEES.
THE RECORD REFLECTS THAT WITH THE CREATION OF NARDAC, THE ENTIRE DATA
PROCESSING FUNCTION WAS ELEVATED IN THE NAVY HIERARCHY IN ORDER TO GIVE
THE FUNCTION MORE PRIORITY. THE CENTRAL OFFICE-- NAVAL DATA AUTOMATION
CENTER, HEREIN CALLED NAVDAC,-- LOCATED IN WASHINGTON, D.C. REPORTS
DIRECTLY TO THE CHIEF OF NAVAL OPERATIONS. NARDAC, JACKSONVILLE IS ONE
OF 16 REGIONAL OFFICES CREATED BY THE REORGANIZATION WHICH REPORTS TO
NAVDAC.
NARDAC NOW, AS A REGIONAL COMMAND, SERVICES A MUCH LARGER AREA, FROM
KEY WEST, FLORIDA TO CHARLESTON, SOUTH CAROLINA. AS A RESULT OF THE
EXPANDED RESPONSIBILITY, MORE TECHNICAL COMPUTER EQUIPMENT WAS OBTAINED
WHICH HAD MANY MORE SOPHISTICATED CAPABILITIES. TO FULLY UTILIZE THE
NEW EQUIPMENT, EXTENSIVE TRAINING OF THE EXISTING STAFF HAS BEEN OR IS
BEING ACCOMPLISHED. APPROXIMATELY 50% OF THE STAFF HAVE, THROUGH THE
TRAINING PROVIDED, INCREASED THEIR TECHNICAL SKILL LEVELS SINCE THEIR
TRANSFER TO NARDAC. SEVERAL NEW FUNCTIONS HAVE BEEN ADDED TO NARDAC
WHICH DID NOT EXIST WHEN THE DATA PROCESSING DEPARTMENT EXISTED IN NAS:
IT FORMED ITS OWN MANAGEMENT SERVICES DEPARTMENT WHICH HANDLES NARDAC'S
BUDGET, ACCOUNTING, CONTRACT MONITORING AND PERSONNEL LIAISON; IT NOW
PERFORMS DESIGN AND DEVELOPMENT WORK (PROGRAM SYSTEMS) WHEREAS
PREVIOUSLY THE DEPARTMENT PERFORMED ONLY PROGRAM MAINTENANCE WORK; ITS
TECHNICAL SUPPORT DEPARTMENT HAS BEEN EXPANDED SO THAT IT NOW HAS THE
LEAD ASSIGNMENT FOR SOFTWARE DESIGN FOR THE WHOLE NAVDAC COMMUNITY.
NAS PROVIDES NARDAC, THROUGH AN EXTENSIVE SUPPORT AGREEMENT, ALL
PERSONNEL SERVICES, WITH THE EXCEPTION OF POSITION CLASSIFICATION WHICH
IS BEING CENTRALIZED IN THE NAVDAC HEADQUARTERS. THE POSITION
DESCRIPTIONS FOR ALL NARDAC EMPLOYEES ARE BEING REWRITTEN TO ENSURE
CONSISTENCY THROUGHOUT NAVDAC. ALL HIRING, PROMOTING AND OTHER PERSONNEL
AUTHORITY IS RETAINED BY THE NARDAC COMMANDING OFFICER, WITH SERVICING
SUPPORT FROM NAS. THE BUDGET IS CONTROLLED BY NARDAC. ANY COSTS
INCURRED BY NAS AS A RESULT OF THE SERVICING AGREEMENT, WITH CERTAIN
EXCEPTIONS, ARE REIMBURSABLE BY NARDAC. THE NARDAC CONSTITUTES A SINGLE
COMPETITIVE LEVEL FOR REDUCTION-IN-FORCE PURPOSES. ALL VACANCY NOTICES
ARE NOW POSTED NAS-WIDE HOWEVER, THE NARDAC COMMAND OFFICER BELIEVES
SUCH AN AREA OF CONSIDERATION IS TOO LIMITED. THE POSITIONS ARE HIGHLY
SPECIALIZED AND THE EMPLOYEES HAVE LITTLE OR NO INTERCHANGE WITH OTHER
NAS EMPLOYEES. THEY ARE LOCATED IN A PHYSICALLY SECURE AREA, APART FROM
THE REST OF THE WORK FORCE. THEY DO SHARE THE SAME BUILDINGS WITH OTHER
NAS EMPLOYEES AND THEY SHARE ALL FACILITIES. NARDAC IS ON A FLEXI-TIME
PROGRAM, WHICH WAS ESTABLISHED BY THE COMMANDING OFFICER OF NARDAC
WHEREAS NAS IS ON A STRAIGHT EIGHT-HOUR SYSTEM.
THE NARDAC EMPLOYEES ARE, FOR THE MOST PART, ENGAGED IN THE SAME KIND
OF WORK AS WHEN THEY WERE IN NAS, ALTHOUGH THE WORK HAS BECOME MORE
SPECIALIZED. THE HIGHEST GRADE FOR THE DATA PROCESSING PEOPLE IN NAS
WAS A GS-13 BUT IN NARDAC THERE ARE POSSIBILITIES TO A GS-15 LEVEL.
ADDITIONAL SUPERVISORY LEVELS HAVE ALSO BEEN ADDED AS A RESULT OF THE
INCREASED FUNCTIONS OF NARDAC. SINCE BEING TRANSFERRED TO NARDAC THE
STAFF HAS INCREASED FROM 110 EMPLOYEES TO 138 EMPLOYEES.
UNDER THE CIRCUMSTANCES OUTLINED ABOVE, THE AUTHORITY FINDS THAT THE
EMPLOYEES OF NARDAC, AFTER THE REORGANIZATION INVOLVED HEREIN, NO LONGER
SHARE A COMMUNITY OF INTEREST WITH THE OTHER NAS EMPLOYEES IN THE
EXISTING UNIT REPRESENTED BY AFGE. IN THIS REGARD, NOTED PARTICULARLY
IS THE FACT THAT THE NARDAC EMPLOYEES ARE NOW PART OF A NEW EXPANDED
ORGANIZATIONAL COMMAND WITH A SEPARATE AND DISTINCT MISSION; THEY ARE
UNDER SEPARATE SUPERVISION AND AUTHORITY; THEY HAVE LITTLE OR NO
INTERCHANGE WITH OTHER NAS EMPLOYEES; AND ALTHOUGH THE NAS PROVIDES
PERSONNEL SUPPORT TO NARDAC THROUGH AN EXTENSIVE SUPPORT AGREEMENT, THE
PERSONNEL POLICIES AND PRACTICES AND WORKING CONDITIONS ARE CONTROLLED
BY THE COMMAND OFFICER OF NARDAC. BASED ON THE FOREGOING, THE AUTHORITY
FINDS THAT THE NARDAC EMPLOYEES CONSTITUTE A FUNCTIONALLY DISTINCT GROUP
OF EMPLOYEES WHO SHARE A COMMUNITY OF INTEREST SEPARATE AND DISTINCT
FROM THE EMPLOYEES IN THE EXISTING UNIT AND THAT THEIR CONTINUED
INCLUSION IN THE EXISTING UNIT WOULD NOT PROMOTE EFFECTIVE DEALINGS OR
EFFICIENCY OF AGENCY OPERATIONS. ACCORDINGLY, THE AUTHORITY SHALL ORDER
THAT THE CERTIFICATION FOR THE NAS BARGAINING UNIT BE CLARIFIED TO
EXCLUDE THE NARDAC EMPLOYEES.
CASE NO. 4-CU-19
THE DEPARTMENT OF THE NAVY, AS EARLY AS 1977, BEGAN RESTRUCTURING AND
CONSOLIDATING THE FINANCIAL ACCOUNTING FUNCTIONS THROUGHOUT THE COUNTRY
IN ORDER TO CENTRALIZE FINANCIAL FUNCTIONS AND RESOURCES FOR MAXIMUM
EFFECTIVENESS. JACKSONVILLE, FLORIDA WAS DETERMINED TO BE, ULTIMATELY,
ONE OF THE REGIONAL OFFICES. IN LINE WITH THIS DIRECTION, AROUND
DECEMBER 1977, THE FINANCIAL ACCOUNTING OFFICE IN NAS WAS RENAMED THE
FINANCIAL INFORMATION PROCESSING DEPARTMENT. TO IMPLEMENT THIS AIM AT
CONSOLIDATION, FINANCIAL ACCOUNTING FUNCTIONS BEING HANDLED AT
INDIVIDUAL ACTIVITIES BEGAN TO BE AND CONTINUE TO BE TRANSFERRED TO THE
REGIONAL FINANCIAL INFORMATION PROCESSING DEPARTMENTS (FIPD). PRIOR TO
JANUARY 1979, THE NAS FIPD HAD ACQUIRED THE RESPONSIBILITY FOR THE CECIL
FIELD ACCOUNTING FUNCTION, THE BOND AND PAYROLL DISTRIBUTION AND
ACCOUNTING FUNCTION PREVIOUSLY PERFORMED BY THE NAVY FINANCE OFFICE, AS
WELL AS A BILL-PAYING FUNCTION. IN ADDITION, TO SUPPORT THESE NEW
RESPONSIBILITIES, MORE SOPHISTICATED COMPUTER EQUIPMENT WAS PROCURED.
ON JANUARY 29, 1979, THE REGIONAL ACCOUNTING AND DISBURSING CENTER,
HEREIN CALLED RAADC OR PETITIONER, WAS ESTABLISHED AS A SEPARATE COMMAND
TO HANDLE ALL OF THE FINANCIAL ACCOUNTING FUNCTIONS FOR ASSIGNED NAVY
ACTIVITIES IN FLORIDA. ALL THOSE APPROXIMATELY 68 EMPLOYEES IN THE FIPD
OF NAS WERE MASS-TRANSFERRED IN PLACE TO RAADC. IN OCTOBER 1979, RAADC
ASSUMED THE ACCOUNTING FUNCTIONS OF KEY WEST. OTHER TRANSFERS OF
FUNCTION ARE APPARENTLY PENDING FROM OTHER LOCATIONS BUT HAVE NOT YET
BEEN ACCOMPLISHED.
THE PETITIONER, AS IN CASE NO. 4-CU-18, CONTENDS THAT RAADC SHOULD BE
EXCLUDED FROM THE NAS BARGAINING UNIT BECAUSE THE ESTABLISHMENT OF RAADC
AS A SEPARATE, INDEPENDENT COMMAND, AND THE TRANSFER OF THE FIPD TO
RAADC, EFFECTIVELY DESTROYED ANY COMMUNITY OF INTEREST WHICH PREVIOUSLY
EXISTED BETWEEN THOSE EMPLOYEES AND NAS. FURTHER, IT CLAIMS THAT
CONTINUED INCLUSION IN THE NAS UNIT WOULD NOT PROMOTE EFFECTIVE DEALINGS
OR EFFICIENCY OF AGENCY OPERATIONS, AND WOULD HINDER AN EFFECTIVE
LABOR-MANAGEMENT RELATIONS PROGRAM.
AFGE MAINTAINS, AS IN THE PREVIOUS CASE, THAT THE EMPLOYEES OF RAADC
SHOULD CONTINUE TO REMAIN A PART OF THE NAS UNIT.
THE RECORD ESTABLISHES THAT AS A REGIONAL COMMAND, RAADC IS
RESPONSIBLE FOR PROVIDING INTEGRATED DISBURSING AND ACCOUNTING (IDA)
SUPPORT FOR ASSIGNED NAVY ACTIVITIES IN FLORIDA AS PART OF THE IDA
FINANCIAL INFORMATION PROCESSING SYSTEM; PROVIDING TECHNICAL GUIDANCE
TO ACCOUNTING MATTERS; PLANNING, MANAGING AND DIRECTING THE ACCOUNTING
PROGRAM IN SUPPORT OF THESE ACTIVITIES; PERFORMING THE PAYMENT
CERTIFICATION AND DISBURSING FUNCTIONS UNDER THE IDA PROGRAM; AND
COORDINATING AND MONITORING DEVELOPMENT AND DESIGN OF NEW FINANCIAL
SYSTEMS APPLICATIONS. THIS REORGANIZATION CONSOLIDATED OVER 200
ACTIVITIES WHICH WERE HANDLING THEIR OWN FINANCIAL ACCOUNTING INTO 16
REGIONAL OFFICES. AS A SEPARATE AND NEW COMMAND, RAADC REPORTS DIRECTLY
TO THE COMMANDER IN CHIEF, ATLANTIC FLEET (CINCLANTFLT), LOCATED IN
NORFOLK, VIRGINIA WHO IN TURN REPORTS TO THE CHIEF OF NAVAL OPERATIONS.
THE PERSONNEL SERVICES FOR RAADC ARE PROVIDED BY NAS, AS THEY ARE FOR
NARDAC, BUT THE COMMANDING OFFICER RETAINS THE AUTHORITY FOR ALL
PERSONNEL MATTERS (INCLUDING HIRING, PROMOTING, ETC.) AND WORKING
CONDITIONS. THE POSITION DESCRIPTIONS FOR RAADC EMPLOYEES ARE BEING OR
ARE ABOUT TO BE REWRITTEN TO REFLECT THE CHANGED MISSION AND DUTIES OF
THE EMPLOYEES. RAADC CONSTITUTES A SINGLE COMPETITIVE LEVEL FOR
REDUCTION-IN-FORCE PURPOSES. THERE IS LITTLE INTERCHANGE BETWEEN THE
RAADC EMPLOYEES AND THE REMAINING NAS EMPLOYEES, AND THE RAADC VACANCIES
ARE MOSTLY FILLED FROM WITHIN RAADC, OR FROM OTHER COMMANDS, BUT VERY
FEW ARE FILLED BY NAS EMPLOYEES.
AS A RESULT OF THE REORGANIZATION, ADDITIONAL DEPARTMENTS WERE ADDED
TO ACCOMPLISH THE ADDED RESPONSIBILITIES AND STAFF AND ADDITIONAL
SUPERVISORY LEVELS WERE ADDED THERETO. THE RAADC EMPLOYEES ARE, FOR THE
MOST PART, ENGAGED IN THE SAME KIND OF WORK AS WHEN THEY WERE IN NAS,
ALTHOUGH THE WORK HAS BECOME MORE SPECIALIZED. THEY DO CONTINUE TO WORK
IN THE SAME LOCATION AND USE THE SAME FACILITIES AS WHEN THEY WERE WITH
NAS. SINCE THE REORGANIZATION, LABOR-MANAGEMENT RELATIONS HAVE
CONTINUED AS BEFORE. WITHOUT ANY FORMAL AGREEMENTS, HOWEVER, THE
COMMANDING OFFICER OF RAADC HAS ASSUMED THE FUNCTIONS OF THE HEAD OF THE
UNIT FOR THE RAADC EMPLOYEES-- THOSE FUNCTIONS ASSIGNED BY THE CONTRACT
TO THE COMMANDING OFFICER OF NAS. THE UNION HAS HAD MONTHLY MEETINGS
WITH THE HEAD OF RAADC AND WERE ABLE TO PROCESS GRIEVANCES UP TO AND
INCLUDING ARBITRATION. THROUGHOUT THIS PERIOD, NONE OF THESE ACTIONS
WERE CLEARED OR COORDINATED WITH THE NAS COMMANDING OFFICER.
BASED ON THE FOREGOING, THE AUTHORITY FINDS THAT FOR THE SAME REASONS
NOTED UNDER CASE NO. 4-CU-18 FOR NARDAC, THE RAADC EMPLOYEES CONSTITUTE
A FUNCTIONALLY DISTINCT GROUP OF EMPLOYEES WHO SHARE A COMMUNITY OF
INTEREST SEPARATE AND DISTINCT FROM THE EMPLOYEES IN THE NAS UNIT AND
THEIR CONTINUED INCLUSION IN THE EXISTING UNIT WOULD NOT PROMOTE
EFFECTIVE DEALINGS OR EFFICIENCY OF AGENCY OPERATIONS. ACCORDINGLY, THE
AUTHORITY SHALL ORDER THAT THE CERTIFICATION FOR THE NAS UNIT BE
CLARIFIED TO EXCLUDE THE RAADC EMPLOYEES
ORDER
IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED, IN WHICH
EXCLUSIVE RECOGNITION WAS GRANTED TO THE AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, LOCAL 696, ON FEBRUARY 1, 1977, AT THE NAVAL AIR
STATION, JACKSONVILLE, FLORIDA, BE, AND IT HEREBY IS, CLARIFIED BY
EXCLUDING FROM SAID UNIT THE EMPLOYEES IN THE NAVY REGIONAL DATA
AUTOMATION CENTER, JACKSONVILLE, FLORIDA, AND THE EMPLOYEES IN THE
REGIONAL ACCOUNTING AND DISBURSING CENTER, JACKSONVILLE, FLORIDA.
ISSUED, WASHINGTON, D.C., AUGUST 29, 1980
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
/1/ THE PETITIONS FILED HEREIN HAVE BEEN CONSIDERED TO APPROPRIATELY
CONSTITUTE PETITIONS FOR CLARIFICATION OF UNIT.