Trident Refit Facility, Bangor, Bremerton, Washington (Activity) and International Association of Machinists and Aerospace Workers, District Local 282, AFL-CIO (Petitioner) and American Federation of Government Employees, AFL-CIO (Intervenor) and Bremerton Metal Trades Council, (AFL-CIO) (Cross Petitioner)  

 5 FLRA No. 84
 
 TRIDENT REFIT FACILITY, BANGOR
 BREMERTON, WASHINGTON
 Activity
 
 and
 
 INTERNATIONAL ASSOCIATION OF
 MACHINISTS AND AEROSPACE
 WORKERS, DISTRICT LOCAL 282,
 AFL-CIO
 Petitioner
 
 and
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 AFL-CIO
 Intervenor
 
 and
 
 BREMERTON METAL TRADES COUNCIL,
 AFL-CIO
 Cross Petitioner
 
                                            Case Nos. 9-RO-30 and 9-RO-33
 
                DECISION, ORDER, AND DIRECTION OF ELECTION
 
    UPON PETITION DULY FILED UNDER SECTION 7111(B)(1) OF THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUE, 5 U.S.C. 7101-7135, A 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 THE SUBJECT CASE, THE AUTHORITY FINDS:  THE
 INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, DISTRICT
 LOCAL 282, AFL-CIO (PETITIONER) SEEKS TO REPRESENT EXCLUSIVELY EMPLOYEES
 OF THE DEPARTMENT OF THE NAVY, TRIDENT REFIT FACILITY, BANGOR, LOCATED
 AT BREMERTON, WASHINGTON (ACTIVITY) IN A UNIT DESCRIBED AS:  "ALL
 NONPROFESSIONAL GENERAL SCHEDULE (GS) AND WAGE GRADE (WG) EMPLOYEES AT
 TRIDENT SUBMARINE REFIT FACILITY (TRIFAC), EXCLUDING ALL PROFESSIONAL
 EMPLOYEES, MANAGEMENT OFFICIALS, SUPERVISORS AND EMPLOYEES DESCRIBED IN
 5 U.S.C. SECTION 7112(B)(2), (3), (4), (6) AND (7)." THE ACTIVITY AND
 THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (INTERVENOR)
 AGREE WITH THE PETITIONER AS TO THE APPROPRIATENESS OF THE PROPOSED
 UNIT.  THE BREMERTON METAL TRADES COUNCIL, AFL-CIO (CROSS PETITIONER)
 TAKES THE POSITION THAT A UNIT OF GS AND WG EMPLOYEES WOULD BE
 INAPPROPRIATE, AND SEEKS A SEPARATE UNIT CONSISTING ONLY OF WG
 EMPLOYEES.  FURTHERMORE, IT CONTENDS THAT, BECAUSE THERE WILL BE A
 SUBSTANTIAL INCREASE IN PERSONNEL, THERE IS NOT A REPRESENTATIVE WORK
 FORCE AT THIS TIME AND THUS NO ELECTION SHOULD BE HELD UNTIL A FULL
 COMPLEMENT EXISTS.
 
    TRIDENT REFIT FACILITY (TRIFAC) IS ONE OF SEVERAL FACILITIES LOCATED
 ON THE BANGOR NAVAL FIELD SUBMARINE BASE, BREMERTON, WASHINGTON.  ITS
 MISSION IS TO PROVIDE LIFE-CYCLE MAINTENANCE AND SUPPLY SUPPORT TO
 TRIDENT SUBMARINES BETWEEN OVER-HAULS, TO ACCOMPLISH REFIT AND
 REPLENISHMENT ACTIONS WITHIN AN 18-DAY TIME FRAME AND TO CONDUCT
 EMERGENCY REPAIRS TO OTHER STRATEGIC AND ATTACK SUBMARINES TO THE EXTENT
 THAT THE COMMONALITY OF SYSTEMS AND EQUIPMENT OF THE TRIDENT SUBMARINES
 PERMIT.
 
    THE ACTIVITY IS ORGANIZED, UNDER THE OVERALL DIRECTION OF A
 COMMANDING OFFICER INTO EIGHT WORK CENTERS.  ONE CONSISTS SOLELY OF
 MILITARY PERSONNEL;  THE OTHER SEVEN, COMPOSED OF BOTH MILITARY AND
 CIVILIAN PERSONNEL, ARE ENCOMPASSED BY THE INSTANT PETITIONS.  THE RATIO
 OF EMPLOYEES AT TRIFAC IS 40% MILITARY AND 60% CIVILIAN.  AT PRESENT, OF
 THE CIVILIAN PERSONNEL SOUGHT, THERE ARE APPROXIMATELY 137 GS EMPLOYEES
 AND 123 WG EMPLOYEES.  BY JULY 1981, THERE SHOULD BE 238 GS EMPLOYEES
 AND 307 WG EMPLOYEES.  ALL OF THE EMPLOYEES IN THE UNIT PETITIONED FOR
 ARE ENGAGED IN THE PRODUCTION OF THE FINAL MISSION OF THE ACTIVITY EVEN
 THOUGH THEIR EXACT DUTIES MAY INVOLVE DIFFERENT SKILLS AND TRAINING
 REQUIRED TO REFIT NUCLEAR SUBMARINES.  IN ORDER TO COMPLETE THE WORK IN
 AN 18-DAY CYCLE, TEAMWORK REQUIRING CONSTANT INTERCHANGE AMONG ALL
 EMPLOYEES IS ESSENTIAL AND IN FACT OCCURS IN THE UNIT SOUGHT.  ALL
 CIVILIAN EMPLOYEES REPORT TO THE COMMANDING OFFICER.  PERSONNEL POLICIES
 FOR ALL EMPLOYEES ARE ESTABLISHED AND FUNCTION CENTRALLY, AND ONE
 CIVILIAN PERSONNEL OFFICE IS RESPONSIBLE FOR FORMULATING POLICY WITH
 RESPECT TO HIRING, CAREER DEVELOPMENT AND MERIT PROMOTION.  ALL
 EMPLOYEES SHARE COMMON SUPERVISION AND FACILITIES SUCH AS PARKING,
 CAFETERIA AND THE INFIRMARY.
 
    THE ACTIVITY, PETITIONER AND INTERVENOR AGREE THAT THE UNIT SOUGHT IS
 AN APPROPRIATE UNIT.  THEY ARGUE THAT THE IMPLEMENTATION OF ONE
 COLLECTIVE BARGAINING AGREEMENT WOULD PROMOTE THE EFFICIENCY OF AGENCY
 OPERATIONS AND EFFECTIVE DEALINGS BETWEEN THE PARTIES.  WITH REGARD TO
 COMMUNITY OF INTEREST, THEY NOTE THE CONSTANT INTERCHANGE AMONG
 EMPLOYEES REQUIRED BY THE MISSION OF THE ACTIVITY.  FURTHERMORE, THE
 ACTIVITY AND THE PETITIONER CONTEND THAT THERE ALREADY IS A SUFFICIENT
 NUMBER OF EMPLOYEES TO CARRY OUT THE ACTIVITY'S MISSION.
 
    THE CROSS PETITIONER ARGUES THAT THE UNIT SOUGHT IS INAPPROPRIATE.
 IT ASSERTS THAT THE WG EMPLOYEES POSSESS AND UTILIZE DIFFERENT SKILLS
 AND SHOULD BE REPRESENTED SEPARATELY BY A UNION WITH KNOWLEDGE OF SUCH
 SKILLS.  IT CONTENDS THAT THERE WILL BE A SUBSTANTIAL INCREASE IN
 PERSONNEL BEFORE THE ACTIVITY BECOMES FULLY OPERATIONAL, AND THAT
 THEREFORE NO ELECTION SHOULD BE HELD UNTIL A FULL COMPLEMENT OF
 EMPLOYEES AND JOB CLASSIFICATIONS EXISTS.
 
    THE AUTHORITY FINDS THAT ALL THE EMPLOYEES SOUGHT ENJOY A COMMON
 MISSION, COMMON SUPERVISION, INTER-RELATED DUTIES, TRAINING AND GENERAL
 WORKING CONDITIONS, ARE SUBJECT TO UNIFORM PERSONNEL AND LABOR RELATIONS
 POLICIES, AND SHARE A CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST.
 FURTHER, IN VIEW OF THE OVERALL MISSION OF THE ACTIVITY, THE DEMAND THAT
 ALL THE EMPLOYEES GS AND WG ALIKE, WORK CLOSELY TOGETHER TO ACCOMPLISH
 THAT MISSION WITHIN STRICT TIME FRAMES, THE AUTHORITY FINDS THAT THE
 UNIT SOUGHT BY THE PETITIONER AND INTERVENOR WOULD PROMOTE EFFECTIVE
 DEALINGS AND EFFICIENCY OF OPERATIONS.  IT IS THEREFORE FOUND THAT THE
 UNIT SOUGHT BY THE PETITIONER AND INTERVENOR IS APPROPRIATE FOR PURPOSES
 OF COLLECTIVE BARGAINING.
 
    THE RECORD REVEALS THAT AT THE TIME OF THE HEARING, 48% OF THE WORK
 FORCE EXPECTED BY JULY 1981 HAD ALREADY BEEN EMPLOYED, AND 68% OF THE
 EXPECTED JOB CLASSIFICATIONS WERE IN EXISTENCE AND HAD BEEN FILLED.
 CONTRARY TO THE CONTENTION OF THE CROSS PETITIONER, THE AUTHORITY FINDS
 THAT THE PROPOSED UNIT AT THE TIME OF THE HEARING CONTAINED A
 SUFFICIENTLY REPRESENTATIVE PERCENTAGE OF THE ULTIMATE COMPLEMENT OF
 PERSONNEL AND JOB CLASSIFICATIONS EXPECTED, WHICH REFLECTS THE OVERALL
 INTEREST OF EMPLOYEES IN THE NEW ORGANIZATION AND JUSTIFIES THE HOLDING
 OF AN ELECTION AS SOON AS POSSIBLE.  IN THE AUTHORITY'S VIEW, A DELAY
 UNTIL SUCH TIME AS A FULL COMPLEMENT OF EMPLOYEES AND JOB
 CLASSIFICATIONS ARE IN PLACE WOULD NOT EFFECTUATE THE PURPOSES OF THE
 STATUTE.
 
    FURTHERMORE, THE AUTHORITY FINDS THAT THE UNIT PETITIONED FOR BY THE
 CROSS PETITIONER IN CASE NO. 9-RO-33, WHICH ENCOMPASSES ONLY WG
 EMPLOYEES, IS INAPPROPRIATE FOR THE PURPOSES OF EXCLUSIVE RECOGNITION.
 IN THIS REGARD, THE RECORD REVEALS THAT THE CLAIMED WG EMPLOYEES DO NOT
 SHARE A CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST SEPARATE FROM OTHER
 EMPLOYEES EMPLOYED AT THE ACTIVITY INASMUCH AS THEY ENJOY A COMMON
 MISSION, HAVE ESSENTIALLY THE SAME WORKING CONDITIONS, ARE COVERED BY
 UNIFORM PERSONNEL AND LABOR RELATIONS POLICIES AND SHARE COMMON
 SUPERVISION.  THEREFORE, THE AUTHORITY SHALL DISMISS THE CROSS
 PETITIONER'S PETITION.
 
    ACCORDINGLY, BASED ON ALL THE ABOVE CIRCUMSTANCES, THE AUTHORITY
 FINDS THE FOLLOWING UNIT TO BE APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE
 RECOGNITION UNDER THE STATUTE:
 
    ALL NON-PROFESSIONAL GENERAL SCHEDULE (GS) AND WAGE GRADE (WG)
 EMPLOYEES EMPLOYED AT
 
    TRIDENT SUBMARINE REFIT FACILITY (TRIFAC), EXCLUDING ALL PROFESSIONAL
 EMPLOYEES, MANAGEMENT
 
    OFFICIALS, SUPERVISORS AND EMPLOYEES DESCRIBED IN 5 U.S.C.  SECTION
 7112(B)(2),(3),(4),(6) AND
 
    (7).
 
                           DIRECTION OF ELECTION
 
    AN ELECTION BY SECRET BALLOT SHALL BE CONDUCTED AMONG THE EMPLOYEES
 IN THE UNIT FOUND APPROPRIATE AS EARLY AS POSSIBLE, BUT NOT LATER THAN
 60 DAYS FROM THE DATE BELOW.  THE APPROPRIATE, SUBJECT TO THE
 AUTHORITY'S RULES AND REGULATIONS.  ELIGIBLE TO VOTE ARE THOSE IN THE
 UNIT WHO WERE EMPLOYED DURING THE PAYROLL PERIOD IMMEDIATELY PRECEDING
 THE DATE BELOW, INCLUDING EMPLOYEES WHO DID NOT WORK DURING THAT PERIOD
 BECAUSE THEY WERE OUT ILL, OR ON VACATION, OR ON FURLOUGH, INCLUDING
 THOSE IN THE MILITARY SERVICE, WHO APPEAR IN PERSON AT THE POLLS.
 INELIGIBLE TO VOTE ARE EMPLOYEES WHO QUIT OR WERE DISCHARGED FOR CAUSE
 SINCE THE DESIGNATED PAYROLL PERIOD AND HAVE NOT BEEN REHIRED OR
 REINSTATED BEFORE THE ELECTION DATE.  THOSE ELIGIBLE SHALL VOTE WHETHER
 OR NOT THEY DESIRE TO BE REPRESENTED FOR THE PURPOSE OF EXCLUSIVE
 RECOGNITION BY THE INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE
 WORKERS, DISTRICT LOCAL 282, AFL-CIO;  OR THE AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO;  OR THE BREMERTON METAL TRADES COUNCIL,
 AFL-CIO;  OR BY NONE OF THE ABOVE LABOR ORGANIZATIONS.  /1/
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE PETITION FILED IN CASE NO. 9-RO-33, BE,
 AND HEREBY IS DISMISSED.
 
    ISSUED, WASHINGTON, D.C., MAY 15, 1981
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
                          CERTIFICATE OF SERVICE
 
    COPIES OF THE ORDER OF THE FEDERAL LABOR RELATIONS AUTHORITY IN THE
 SUBJECT PROCEEDING HAVE THIS DAY BEEN MAILED TO THE PARTIES LISTED
 BELOW:
 
    A. S. CALCAGNO
 
    SENIOR LABOR RELATIONS ADVISOR
 
    WESTERN FIELD DIVISION
 
    NAVAL CIVILIAN PERSONNEL COMMAND
 
    TISHMAN BUILDING, ROOM 3522
 
    525 MARKET STREET
 
    SAN FRANCISCO, CALIFORNIA 94105
 
    WARD M. JOHNSTON
 
    GRAND LODGE REPRESENTATIVE
 
    INTERNATIONAL ASSOCIATION OF MACHINISTS
 
    11105 N.E. SANDY BOULEVARD
 
    PORTLAND, OREGON 97220
 
    ALLEN B. COATS
 
    GENERAL REPRESENTATIVE
 
    METAL TRADES DEPARTMENT, AFL-CIO
 
    431 RIO DEL MAR
 
    VALLEJO, CALIFORNIA 94590
 
    WAYNE A. CRABTREE
 
    NATIONAL REPRESENTATIVE
 
    AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
 
    STAR ROUTE 1, BOX 72
 
    EAST EMERALD LAKE DRIVE
 
    GRAPEVIEW, WASHINGTON 98546
 
    ROBERT G. MAYBERRY
 
    REGIONAL DIRECTOR
 
    REGION 9
 
    FEDERAL LABOR RELATIONS AUTHORITY
 
    450 GOLDEN GATE AVENUE
 
    ROOM 11409, P.O. BOX 36016
 
    SAN FRANCISCO, CALIFORNIA 94012
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ IN THE EVENT THAT THE CROSS PETITIONER, BMTC, DOES NOT DESIRE TO
 PROCEED TO AN ELECTION IN THE UNIT FOUND APPROPRIATE, IT MAY REQUEST
 THAT THE REGIONAL DIRECTOR REMOVE ITS NAME FROM THE BALLOT.  THE REQUEST
 MUST BE IN WRITING AND MUST BE RECEIVED NO LATER THAN SEVEN DAYS BEFORE
 THE DATE OF THE ELECTION.  SUCH REQUEST IS SUBJECT TO THE APPROVAL OF
 THE REGIONAL DIRECTOR WHOSE DECISION IS FINAL.