[ v05 p677 ]
05:0677(91)UC
The decision of the Authority follows:
5 FLRA No. 91
DEPARTMENT OF DEFENSE,
U.S. ARMY, CORPS OF ENGINEERS
Agency
and
NATIONAL FEDERATION OF FEDERAL
EMPLOYEES
Petitioner
Case No. 3-UC-7
DECISION AND ORDER
UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
UNDER SECTION 7112(D) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
STATUTE, 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 THIS CASE, INCLUDING BRIEFS FILED BY BOTH
PARTIES, THE AUTHORITY FINDS:
NATIONAL FEDERATION OF FEDERAL EMPLOYEES (PETITIONER) FILED THE
INSTANT PETITION SEEKING TO CONSOLIDATE THE 37 UNITS WITHIN THE
DEPARTMENT OF DEFENSE, U.S. ARMY, CORPS OF ENGINEERS (AGENCY) FOR WHICH
IT IS THE EXCLUSIVE REPRESENTATIVE.
THE AGENCY CONTENDS THAT THE PROPOSED CONSOLIDATION, WHICH WOULD
AFFECT 27 LOCATIONS THROUGHOUT THE AGENCY'S ADMINISTRATIVE FRAMEWORK, IS
NOT APPROPRIATE FOR THE PURPOSES OF EXCLUSIVE RECOGNITION BECAUSE THE
RESULTING UNIT DOES NOT MEET THE CRITERIA FOR APPROPRIATENESS SET FORTH
IN SECTION 7112(A)(1) OF THE STATUTE. /1/ SPECIFICALLY, THE AGENCY
CONTENDS IN THIS REGARD, THAT THE EMPLOYEES SOUGHT DO NOT SHARE A
COMMUNITY OF INTEREST WITH ONE ANOTHER IN THAT THEY HAVE WIDELY
DIFFERENT TERMS AND CONDITIONS OF EMPLOYMENT, SEPARATE SUPERVISION,
LITTLE OR NO INTERCHANGE, WIDELY DIFFERENT JOB CLASSIFICATIONS AND
PERFORM DIFFERENT MISSIONS DEPENDING ON LOCATION. THE AGENCY ALSO
CONTENDS THAT THE UNIT SOUGHT WOULD NOT PROMOTE EFFECTIVE DEALINGS OR
EFFICIENCY OF AGENCY OPERATIONS BECAUSE PERSONNEL AND LABOR RELATIONS
AUTHORITY HAS BEEN DELEGATED TO THE LOCAL LEVEL, WHERE PETITIONER'S 37
CURRENT UNITS NOW EXIST, AS PART OF AN OVERALL AGENCY DELEGATION OF
AUTHORITY TO THAT LEVEL. IT CONTENDS THAT THOSE DELEGATIONS HAVE BEEN
EFFECTUATED TO SUCH A DEGREE, THAT EFFECTIVE DEALINGS HAVE OCCURRED, AND
CAN ONLY CONTINUE TO OCCUR, AT THAT LEVEL, AND THAT EFFICIENCY OF AGENCY
OPERATIONS WOULD BE IMPAIRED BY SHIFTING NEGOTIATIONS TO A LEVEL REMOVED
FROM REAL LOCAL AUTHORITY.
THE PETITIONER CONTENDS THAT THE UNIQUE MISSION AND NATURE OF THE
AGENCY CREATES AN AGENCY-WIDE COMMUNITY OF INTEREST, AND THAT THE
VARIOUS MISSIONS OF THE AGENCY ARE SHARED BY MOST OF THE LOCATIONS
WHEREIN CONSOLIDATION WOULD ENSUE FROM THIS PETITION. THE PETITIONER
FURTHER CONTENDS THAT IF LACK OF HOMOGENEITY EXISTS IN THE UNIT SOUGHT,
SUCH LACK OF HOMOGENEITY ALREADY EXISTS WITHIN MANY OF THE 37 EXISTING
UNITS. AS TO THE EFFECTIVENESS OF DEALINGS AND THE EFFICIENCY OF THE
AGENCY'S OPERATIONS, THE PETITIONER CONTENDS THAT A SIGNIFICANT DEGREE
OF CENTRALIZED LABOR RELATIONS AUTHORITY NOW EXISTS, AND IT FURTHER
CONTENDS THAT, SINCE AGENCY-WIDE ISSUES COULD BE NEGOTIATED NATIONALLY
AND LOCAL ISSUES LOCALLY, IF THE UNIT SOUGHT HEREIN WERE FOUND
APPROPRIATE, NO VIOLENCE WOULD BE DONE TO THE AGENCY'S DELEGATIONS OF
AUTHORITY TO THE LOCAL LEVEL.
BACKGROUND AND FACTS.
THE AGENCY IS A MAJOR COMMAND OF THE UNITED STATES ARMY RESPONSIBLE
FOR THE MANAGEMENT OF THE ENGINEERING ACTIVITIES OF THE ARMY. THE 10
SPECIFIC MISSIONS OF THE AGENCY ARE AS FOLLOWS: (1) RESEARCH AND
DEVELOPMENT; (2) NAVIGATION-- WHICH INCLUDES PLANNING AND DEVELOPING OF
RIVERS, HARBORS, AND WATERWAYS FOR NAVIGATION, AND ADMINISTERING LAWS
FOR THE PROTECTION OF NAVIGABLE WATERS; (3) FLOOD CONTROL-- INCLUDING
PLANNING, DESIGNING, CONSTRUCTING, OPERATING AND MAINTAINING FLOOD
CONTROL PROJECTS; (4) ENGINEERING-- FOR CIVIL WORKS AND MILITARY
CONSTRUCTION PROJECTS; (5) DREDGING-- TO MAINTAIN AND IMPROVE NAVIGABLE
WATERS; (6) POWER PLANT-- PLANNING, DESIGNING, CONSTRUCTING, OPERATING
AND MAINTAINING PROJECTS FOR THE GENERATION OF HYDRO-ELECTRIC POWER;
(7) REAL ESTATE-- ACQUIRING, MANAGING AND DISPOSING OF REAL ESTATE FOR
THE ARMY, AIR FORCE, NATIONAL PARK SERVICE, U.S. POSTAL SERVICE AND
OTHER GOVERNMENT AGENCIES AS REQUESTED; (8) MILITARY CONSTRUCTION--
DIRECTING THE DEVELOPMENT AND EXECUTION OF MILITARY DESIGN AND
CONSTRUCTION FOR MUCH OF THE DEPARTMENT OF DEFENSE, AND PROVIDING
CONSTRUCTION AND ENGINEERING SUPPORT SERVICES FOR CIVIL DEFENSE; (9)
CIVIL WORK CONSTRUCTION-- INCLUDING WATER RESOURCES PROJECTS FOR
NAVIGATION, FLOOD CONTROL, HYDRO-ELECTRIC POWER, RECREATION, FISH AND
WILDLIFE AND SHORE PROTECTION; AND (10) COMPUTER OPERATIONS--
SUPPORTING THE OTHER AGENCY MISSIONS.
THE CORPS OF ENGINEERS IS HEADED BY THE CHIEF OF ENGINEERS IN
WASHINGTON, /2/ AND ALL AUTHORITY WITHIN THE AGENCY IS EITHER VESTED IN
HIM OR DELEGATED BY HIM. REPORTING DIRECTLY TO THE CHIEF OF ENGINEERS
ARE TEN FIELD ACTIVITIES. THESE ARE SPECIALIZED SUB-DIVISIONS OF THE
AGENCY WITH LIMITED AREAS OF FUNCTION AND SPECIAL RESEARCH AND
DEVELOPMENT RESPONSIBILITIES. FOR EXAMPLE, THE CONSTRUCTION ENGINEERING
RESEARCH LABORATORY (CERL) IN CHAMPAIGN, ILLINOIS, PERFORMS RESEARCH AND
ENGINEERING STUDIES FOR DETERMINING OPTIMUM COMBINATIONS OF ENGINEERING,
DESIGN AND CONSTRUCTION IN PROVIDING REQUIRED FACILITIES FOR MILITARY
ESTABLISHMENTS AND OTHER AGENCIES. THE COLD REGIONS RESEARCH AND
ENGINEERING LABORATORY (CRREL) IN HANOVER, NEW HAMPSHIRE, PERFORMS
RESEARCH AND ENGINEERING STUDIES APPLICABLE TO THE ARMY'S NEEDS IN COLD
WEATHER AREAS. THUS, THE TEN FIELD ACTIVITIES DIVIDE CERTAIN WORK OF THE
AGENCY ON A FUNCTIONAL BASIS.
THE DAY-TO-DAY PERFORMANCE OF THE MISSIONS OF THE AGENCY IS CARRIED
OUT BY 14 DIVISIONS WHICH, LIKE THE FIELD ACTIVITIES NOTED ABOVE, REPORT
DIRECTLY TO THE CHIEF OF ENGINEERS. THE DIVISIONS ARE EACH RESPONSIBLE
FOR SEVERAL, BUT NOT ALL, OF THE AGENCY'S 10 MISSIONS. EACH DIVISION
ADMINISTERS THE WORK OF THE AGENCY IN A SEPARATE GEOGRAPHICAL AREA, AND
PERFORMS THOSE MISSIONS RELEVANT TO ITS AREA. ELEVEN OF THE 14
DIVISIONS, EXCLUDING EUROPEAN, HUNTSVILLE AND NEW ENGLAND, HAVE FROM TWO
TO FIVE SUBORDINATE DISTRICT OFFICES REPORTING TO THEM. THERE ARE A
TOTAL OF 42 SUCH DISTRICT OFFICES WITHIN THE AGENCY. EACH DIVISION IS
COMMANDED BY A DIVISION ENGINEER. THE 42 DISTRICTS ARE DIRECTLY
SUBORDINATE TO THEIR RESPECTIVE DIVISIONS, AND EACH IS COMMANDED BY A
DISTRICT ENGINEER WHO REPORTS TO THE APPROPRIATE DIVISION ENGINEER.
THE RECORD REVEALS THAT THE AGENCY HAS FOLLOWED A PATTERN OF
EXTENSIVE DELEGATION OF AUTHORITY TO THE LOCAL OPERATING LEVEL WITH
REGARD TO PERSONNEL AND LABOR RELATIONS MATTERS. DIVISION ENGINEERS AND
DISTRICT ENGINEERS POSSESS THE AUTHORITY TO HIRE, ASSIGN, TRAIN,
TRANSFER, AWARD, PROMOTE, DISCIPLINE AND DISCHARGE EMPLOYEES. THEY MAY
NEGOTIATE LOCAL COLLECTIVE BARGAINING AGREEMENTS, DEAL WITH LABOR
ORGANIZATIONS ON A DAY-TO-DAY BASIS, RESOLVE GRIEVANCES AND APPROVE
CONTRACTS. THEY MAY ALSO PROMULGATE REGULATIONS CONCERNING
EMPLOYEE-MANAGEMENT RELATIONS.
THE PETITIONER CURRENTLY REPRESENTS EMPLOYEES IN 2 OF THE 10 FIELD
ACTIVITIES, 4 OF THE 14 DIVISION OFFICES AND 21 OF THE 42 DISTRICT
OFFICES. SINCE IT REPRESENTS MORE THAN ONE UNIT AT SEVERAL LOCATIONS,
ITS 37 UNITS EXIST AT ONLY 27 LOCATIONS. ALL OF ITS UNITS ARE LOCATED
WITHIN THE UNITED STATES, HOWEVER THEY ARE AS DISTANT GEOGRAPHICALLY AS
HANOVER, NEW HAMPSHIRE IS FROM LOS ANGELES, AND SEATTLE, WASHINGTON IS
FROM JACKSONVILLE, FLORIDA. THE PETITIONER REPRESENTS NO EMPLOYEES IN
THE EUROPEAN, MEDITERRANEAN, PACIFIC OR HUNTSVILLE DIVISIONS. IN THE
REMAINING 10 DIVISIONS, PETITIONER REPRESENTS UNITS WITHIN EACH, BUT
DOES NOT REPRESENT EMPLOYEES IN ANY DIVISION IN ITS ENTIRETY. FOR
EXAMPLE, IN THE LOWER MISSISSIPPI VALLEY DIVISION, IT REPRESENTS A UNIT
AT THE DIVISIONAL LEVEL AND UNITS AT THE MEMPHIS, NEW ORLEANS AND ST.
LOUIS DISTRICTS, BUT NOT AT THE VICKSBURG DISTRICT. IN THE NEW ENGLAND
DIVISION, WHICH HAS NO SUBORDINATE DISTRICTS, THE PETITIONER REPRESENTS
A UNIT WHICH IS LESS THAN DIVISION WIDE. THE TWO FIELD ACTIVITIES WHERE
UNITS REPRESENTED BY THE PETITIONER ARE LOCATED, ARE THE AFOREMENTIONED
CERL AT CHAMPAIGN, ILLINOIS AND CRREL AT HANOVER, NEW HAMPSHIRE.
THE RECORD REVEALS THAT THE AGENCY EMPLOYS A TOTAL COMPLEMENT OF
42,426 EMPLOYEES, /3/ OF WHOM 20,300 ARE REPRESENTED BY 9 LABOR
ORGANIZATIONS IN 113 UNITS. THE PETITIONER ALONE REPRESENTS 11,465
EMPLOYEES IN ITS 37 UNITS. THERE IS LITTLE OR NO INTERCHANGE AMONG THE
GEOGRAPHICALLY WIDELY DISPERSED UNITS. THEY VARY GREATLY IN SIZE,
RANGING FROM A SINGLE UNIT OF 1,222 EMPLOYEES IN MOBILE, ALABAMA TO
UNITS OF 6 EMPLOYEES IN ST. LOUIS AND 7 IN JACKSONVILLE, FLORIDA. SIX
OF THE 37 UNITS IN QUESTION ARE LIMITED TO GENERAL SCHEDULE (GS)
NON-PROFESSIONALS ONLY, WHILE FOUR INCLUDE ONLY GS PROFESSIONALS. FOUR
UNITS CONTAIN ONLY WAGE GRADE (WG) EMPLOYEES, AND THE REMAINING 23 ARE
COMPOSED OF SOME COMBINATION OF THOSE THREE CATEGORIES OF EMPLOYEES.
OVER HALF OF THE 1,286 PROFESSIONAL EMPLOYEES WHO WOULD BE INCLUDED IN
THE PROPOSED UNIT, ARE CURRENTLY REPRESENTED SEPARATE AND APART FROM ANY
OTHER EMPLOYEES.
PETITIONER'S 37 UNITS CONTAIN SOME 248 DIFFERENT JOB CLASSIFICATIONS.
NONE OF THE CLASSIFICATIONS ARE FOUND IN ALL 37 UNITS. SERIES 318
SECRETARIES IS THE MOST COMMONLY FOUND CLASSIFICATION, AND IT EXISTS IN
26 OF THE PETITIONED FOR UNITS. ON THE OTHER HAND OVER ONE FOURTH OF
ALL THE JOB CLASSIFICATIONS (68) ARE FOUND IN ONLY ONE UNIT EACH, AND
OVER ONE HALF OF ALL JOB CLASSIFICATIONS (149 OF 248) ARE FOUND IN 5 OR
LESS UNITS. FURTHERMORE, JOB SERIES 600 (NURSES AID) IS FOUND ONLY IN
THE LOUISVILLE UNIT, THE 1900 JOB SERIES (QUALITY ASSURANCE) IS FOUND
ONLY IN PORTLAND, OREGON, AND THE 3600 JOB SERIES (CEMENT AND MASONRY
WORKERS) EXIST ONLY IN THE UNIT AT MOBILE, ALABAMA, AND THOSE EMPLOYEES
HAVE NO COUNTERPARTS IN SUCH CLASSIFICATIONS IN ANY OF THE OTHER UNITS
SOUGHT HEREIN.
AS NOTED ABOVE, THE AGENCY PERFORMS 10 DISTINCT MISSIONS. ONLY ONE,
COMPUTER OPERATIONS, IS PERFORMED AT ALL 27 LOCATIONS AT WHICH
PETITIONER HAS UNITS OF RECOGNITION. CIVIL WORK CONSTRUCTION,
ENGINEERING, FLOOD CONTROL, REAL ESTATE AND NAVIGATION ARE PERFORMED AT
MOST OF THE LOCATIONS, BUT DREDGING IS PERFORMED AT ONLY 11 OF THE 27
LOCATIONS, POWER PLANT AT 9, AND MILITARY CONSTRUCTION AT 8. RESEARCH
AND DEVELOPMENT IS PERFORMED AT ONLY THE TWO FIELD ACTIVITY LOCATIONS.
IN DEPARTMENT OF TRANSPORTATION, 5 FLRA NO. 89, THE AUTHORITY NOTED
THAT SECTION 7112(A)(1) REQUIRES THAT ANY UNIT FOUND APPROPRIATE MUST
CONFORM TO THE THREE CRITERIA ESTABLISHED BY THAT SECTION-- A CLEAR AND
IDENTIFIABLE COMMUNITY OF INTEREST AMONG THE EMPLOYEES IN THE UNIT, AND
THE PROMOTION OF EFFECTIVE DEALINGS WITH, AND THE EFFICIENCY OF THE
OPERATIONS OF, THE AGENCY INVOLVED. THE AUTHORITY FURTHER NOTED THAT
SECTION 7112(D), WHICH PROVIDES FOR THE CONSOLIDATION OF EXISTING UNITS
INTO A SINGLE MORE COMPREHENSIVE UNIT, REQUIRES THAT SUCH CONSOLIDATED
UNITS MUST MEET THE SAME THREE CRITERIA SET FORTH IN SECTION 7112(A)(1)
AS ARE REQUIRED OF ANY UNIT FOUND APPROPRIATE.
THE AUTHORITY WILL FIRST CONSIDER WHETHER THE EMPLOYEES IN THE UNIT
SOUGHT SHARE A CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST. THE RECORD
REVEALS THAT THE PROPOSED UNIT, WOULD BE LIMITED TO SOME EMPLOYEES AT
ONLY 2 OF THE AGENCY'S 10 FIELD ACTIVITIES, AND ONLY 4 OF THE AGENCY'S
14 DIVISION OFFICES. WHILE THE PROPOSED UNIT WOULD INCLUDE EMPLOYEES AT
21 OF THE 42 DISTRICT LOCATIONS, ONLY ONE OF THESE LOCATIONS IS
REPRESENTED IN A DISTRICT-WIDE UNIT. FURTHERMORE, NOT ONLY WOULD 8 OUT
OF 10 FIELD ACTIVITIES BE TOTALLY OUTSIDE THE SCOPE OF THE PROPOSED
UNIT, BUT ALSO 4 DIVISIONS WOULD BE TOTALLY UNREPRESENTED IN THE
PETITIONED FOR UNIT SINCE THE PETITIONER REPRESENTS NO EMPLOYEES, AT
DIVISION OR DISTRICT LEVEL, IN THE MEDITERRANEAN DIVISION, THE EUROPEAN
DIVISION, THE HUNTSVILLE DIVISION, OR THE PACIFIC OCEAN DIVISION. THUS,
THE UNIT SOUGHT WOULD BE LIMITED TO EMPLOYEES IN ONLY 27 OF 66 AGENCY
LOCATIONS. MOREOVER, AT ONLY ONE OF THE 27 LOCATIONS WHERE EMPLOYEES
WOULD BE INCLUDED, IS THERE A UNIT WHICH IS LOCATION-WIDE IN NATURE.
ACCORDINGLY, THE EMPLOYEES SOUGHT ARE NOT SUFFICIENTLY WELL DISTRIBUTED
THROUGHOUT THE ADMINISTRATIVE AND GEOGRAPHIC STRUCTURE OF THE AGENCY SO
AS TO CONSTITUTE A MEANINGFUL CONSOLIDATED UNIT OF ALL THE AGENCY
EMPLOYEES REPRESENTED BY THE PETITIONER.
WITH RESPECT TO THE AGENCY'S 10 MISSIONS, THE RECORD DOES NOT REVEAL
A BASIS FOR FINDING A COMMUNITY OF INTEREST WITHIN THE UNIT SOUGHT.
ONLY ONE MISSION IS PERFORMED AT ALL 27 LOCATIONS, AND 4 ARE PERFORMED
AT 11 LOCATIONS OR LESS. LIKEWISE, THERE IS NO COMMONALITY SHOWN WITH
REGARD TO JOB CLASSIFICATIONS. NO CLASSIFICATION IS COMMON TO ALL UNITS
SOUGHT, WHILE HALF ARE FOUND IN 5 OR LESS OF THE 37 UNITS, AND 68 JOB
CLASSIFICATIONS (ONE OUT OF FOUR) ARE FOUND IN ONLY ONE UNIT. WORKING
CONDITIONS WITHIN THE UNIT SOUGHT VARY SIGNIFICANTLY ON THE BASIS OF
GEOGRAPHY, CLIMATIC CONDITIONS AND JOB CLASSIFICATIONS. MOREOVER, IN
THIS REGARD, THE RECORD REVEALS THAT INTERCHANGE AMONG THE VARIOUS UNITS
SOUGHT IS MINIMAL. THUS, THE RECORD SHOWS THAT, ON BALANCE, THE
EMPLOYEE IN THE 37 UNITS WHICH WOULD BE CONSOLIDATED HEREIN DO NOT SHARE
A COMMON MISSION, FUNCTION, GEOGRAPHIC RELATIONSHIP, OR TERMS AND
CONDITIONS OF EMPLOYMENT. ON THE CONTRARY, THE MIX OF MISSIONS
PERFORMED AT EACH LOCATION APPEARS TO RELATE TO THE GEOGRAPHIC LOCATION
OF EACH FACILITY RATHER THAN TO ANY COMMON THREAD OF INTEREST RUNNING
THROUGH THE UNIT SOUGHT. THE JOB CLASSIFICATIONS AND THE TERMS AND
CONDITIONS OF EMPLOYMENT AT EACH LOCATION ALSO RELATE TO THE SPECIFIC
AND UNIQUE LOCAL FUNCTIONS. FINALLY, THE RECORD REVEALS THAT THE
SIGNIFICANT DEGREE OF DELEGATION OF AUTHORITY TO FIELD ACTIVITIES,
DIVISIONS AND DISTRICTS HAS RESULTED IN SEPARATE SUPERVISION AT EACH
LOCATION LEVEL AND EFFECTIVE CONTROL OVER THOSE DECISIONS WHICH CONCERN
MATTERS OF PRIMARY CONCERN TO EMPLOYEES. AS NOTED PREVIOUSLY, LOCAL
SUPERVISORS POSSESS THE AUTHORITY TO HIRE, ASSIGN, TRAIN, TRANSFER,
AWARD, PROMOTE, DISCIPLINE AND DISCHARGE EMPLOYEES. THEY NEGOTIATE
LOCAL COLLECTIVE BARGAINING AGREEMENTS, DEAL WITH LABOR ORGANIZATIONS ON
A DAY-TO-DAY BASIS, RESOLVE GRIEVANCES AND APPROVE CONTRACTS. THEY ALSO
PROMULGATE REGULATIONS CONCERNING EMPLOYEE-MANAGEMENT RELATIONS. IN THE
AUTHORITY'S VIEW SUCH LOCAL CONTROL OVER PERSONNEL, LABOR RELATIONS,
AND, INDEED, ALL SUCH TERMS AND CONDITIONS OF EMPLOYMENT, MILITATES
AGAINST A CONCLUSION OF COMMONALITY AMONG THE EMPLOYEES SOUGHT BY THE
INSTANT PETITION. BASED ON THE FOREGOING, THE AUTHORITY CONCLUDES THAT
THE EMPLOYEES IN THE PETITIONED FOR UNIT DO NOT SHARE A CLEAR AND
IDENTIFIABLE COMMUNITY OF INTEREST.
IN THE AUTHORITY'S VIEW, IT WOULD NOT PROMOTE EFFECTIVE DEALINGS IN
THE INSTANT CASE TO REQUIRE AGENCY-WIDE NEGOTIATIONS FOR A UNIT WHOLLY
UNREPRESENTED IN 8 OF THE 10 FIELD ACTIVITIES, 4 OF 14 DIVISION OFFICES,
AND HALF OF 42 DISTRICTS, AND THUS NOT REFLECTIVE OF THE AGENCY'S
ORGANIZATIONAL STRUCTURE. MOREOVER, AS NOTED, EFFECTIVE SUPERVISION,
PERSONNEL AUTHORITY AND CONTROL OF LABOR RELATIONS HAVE BEEN DELEGATED
TO THE FIELD ACTIVITIES, DIVISIONS AND DISTRICTS AT THE LOCAL LEVEL.
MANAGEMENT AND RELEVANT DECISION MAKING EXISTS AT THAT LEVEL AND IT HAS
RESULTED IN EFFECTIVE BARGAINING RELATIONSHIPS, NOT ONLY WITH THE
PETITIONER, BUT WITH OTHER LABOR ORGANIZATIONS AS WELL. THE COLLECTIVE
BARGAINING AGREEMENTS BETWEEN THE LOCAL SEGMENTS OF THE AGENCY AND THE
PETITIONER'S VARIOUS LOCALS, AS SET FORTH IN THE RECORD, REVEAL THE
LOCAL DIVERSITY OF MATTERS OF CONCERN AT THE DIFFERENT LOCATIONS. THUS,
THE AUTHORITY CONCLUDES THAT EFFECTIVE DEALINGS WITH THE AGENCY, AND THE
EFFICIENCY OF AGENCY OPERATIONS, WOULD NOT BE PROMOTED BY THE PROPOSED
UNIT.
THE FACTS OF THIS CASE REFLECT SIGNIFICANT DIFFERENCES FROM THOSE IN
ARMY AND AIR FORCE EXCHANGE SERVICE, DALLAS, TEXAS (AAFES), 5 FLRA NO.
90, DECIDED THIS DAY. UNLIKE THE UNIT SOUGHT IN AAFES, THE EMPLOYEES
SOUGHT HEREIN ARE NOT FOUND THROUGHOUT THE AGENCY'S ORGANIZATIONAL
STRUCTURE, BUT RATHER ARE MISSING IN 8 OF 10 FIELD ACTIVITIES AND 4 OF
14 DIVISIONS. UNLIKE THE UNIT SOUGHT IN AAFES, THE UNIT SOUGHT HEREIN
DOES NOT COMPORT WITH THE AGENCY'S GEOGRAPHIC STRUCTURE BUT RATHER
REFLECTS A TOTAL ABSENCE IN THE OVERSEAS DIVISIONS AND IN SIGNIFICANT
DOMESTIC AREAS. UNLIKE THE UNIT SOUGHT IN AAFES, WHOSE MEMBERS SHARE
THE SINGLE PRIMARY MISSION OF PROVIDING RETAIL FACILITIES FOR ELIGIBLE
USERS, THE UNIT SOUGHT HEREIN ENJOYS NO COMMON THREAD OF SHARED
MISSIONS, BUT RATHER A WIDE DIVERSION OF DISPARATE MISSIONS BASED
LARGELY ON LOCAL GEOGRAPHIC CONDITIONS. FINALLY, UNLIKE AAFES, WHERE
THE EMPLOYEES IN THE UNIT SOUGHT ARE ENGAGED IN RELATIVELY SIMILAR
OCCUPATIONAL UNDERTAKINGS, THE RECORD IN THE INSTANT CASE REFLECTS, AS
MORE FULLY SET FORTH ABOVE, A COMPLETE LACK OF COMMONALITY WITH REGARD
TO JOB CLASSIFICATIONS AND WORKING CONDITIONS.
ACCORDINGLY, THE AUTHORITY FINDS THAT THE PROPOSED CONSOLIDATED UNIT
IS NOT APPROPRIATE, AND WILL ORDER THAT THE INSTANT CONSOLIDATED
PETITION BE DISMISSED.
ORDER
IT IS HEREBY ORDERED THAT THE PETITION IN CASE NO. 3-UC-7 BE, AND IT
HEREBY IS, DISMISSED.
ISSUED, WASHINGTON, D.C., MAY 22, 1981
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
APPENDIX
(TABLE OMITTED)
--------------- FOOTNOTES$ ---------------
/1/ SEC. 7112. DETERMINATION OF APPROPRIATE UNITS FOR LABOR
ORGANIZATION REPRESENTATION
"(A)(1) THE AUTHORITY SHALL DETERMINE THE APPROPRIATENESS OF ANY
UNIT. THE AUTHORITY SHALL
DETERMINE IN EACH CASE WHETHER, IN ORDER TO ENSURE EMPLOYEES THE
FULLEST FREEDOM IN EXERCISING
THE RIGHTS GUARANTEED UNDER THIS CHAPTER, THE APPROPRIATE UNIT SHOULD
BE ESTABLISHED ON AN
AGENCY, PLANT, INSTALLATION, FUNCTIONAL, OR OTHER BASIS AND SHALL
DETERMINE ANY UNIT TO BE AN
APPROPRIATE UNIT ONLY IF THE DETERMINATION WILL ENSURE A CLEAR AND
IDENTIFIABLE COMMUNITY OF
INTEREST AMONG THE EMPLOYEES IN THE UNIT AND WILL PROMOTE EFFECTIVE
DEALINGS WITH, AND
EFFICIENCY OF THE OPERATIONS OF, THE AGENCY INVOLVED.
/2/ SEE ATTACHED CHART OF AGENCY ORGANIZATION.
/3/ THE RECORD FURTHER REVEALS THAT 5,582 OF THE AGENCY'S TOTAL
COMPLEMENT ARE SUPERVISORS OR MANAGERIAL EMPLOYEES, AND THAT ITS TOTAL
NUMBER OF ELIGIBLE EMPLOYEES THEREFORE DOES NOT EXCEED 36,844.