Department of the Treasury, Bureau of the Mint (Activity/Petitioner) and Mint Council, American Federation of Government Employees, AFL-CIO (Labor Organization)

 7 FLRA No. 20
 
 DEPARTMENT OF THE TREASURY,
 BUREAU OF THE MINT
 Activity/Petitioner
 
 and
 
 MINT COUNCIL, AMERICAN
 FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 Labor Organization
 
                                            Case No. 9-CU-35
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
 UNDER SECTION 7111(B)(2) OF THE FEDERAL SERVICE LABOR MANAGEMENT
 RELATIONS STATUTE (THE STATUTE), 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.
 
    THE MINT COUNCIL, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 AFL-CIO, HEREIN CALLED AFGE, WAS MOST RECENTLY CERTIFIED (DURING THE
 PENDENCY OF THE INSTANT PETITION), ON MAY 15, 1980, IN A CONSOLIDATED
 UNIT OF ALL PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES OF THE DEPARTMENT
 OF THE TREASURY, BUREAU OF THE MINT, HEREAFTER CALLED
 ACTIVITY/PETITIONER, INCLUDING SPECIAL POLICE AND GUARDS;  EXCLUDING
 SPECIAL POLICE AND GUARDS ASSIGNED TO THE PHILADELPHIA MINT, MANAGEMENT
 OFFICIALS, EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A
 PURELY CLERICAL CAPACITY, CONFIDENTIAL EMPLOYEES AND SUPERVISORS AS
 DEFINED IN EXECUTIVE ORDER 11491, AS AMENDED.  IN THE INSTANT
 CLARIFICATION OF UNIT (CU) PETITION, THE ACTIVITY SEEKS TO CLARIFY THE
 STATUS OF APPROXIMATELY FORTY (40) EMPLOYEES WHO WERE ORGANIZATIONALLY
 TRANSFERRED FROM THE BUREAU OF THE MINT, SAN FRANCISCO (OLD MINT) TO THE
 OFFICE OF THE SECRETARY, WASHINGTON, D.C. (OS).  THE EMPLOYEES IN
 QUESTION WORK IN THE TREASURY PAYROLL/PERSONNEL INFORMATION SYSTEMS
 DIVISION (TPPIS) AND ARE PHYSICALLY LOCATED AT THE OLD MINT, SAN
 FRANCISCO.
 
    THE MISSION OF THE ACTIVITY INCLUDES THE PRODUCTION OF DOMESTIC AND
 FOREIGN COINS;  THE CUSTODY, PROCESSING AND MOVEMENT OF BULLION;  AND
 THE MANUFACTURE OF VARIOUS NUMISMATIC ITEMS.  HEADED BY A DIRECTOR, WHO
 IS SUPPORTED BY A HEADQUARTERS STAFF LOCATED IN WASHINGTON, D.C., IT
 OPERATES SEVEN FIELD FACILITIES, INCLUDING THE OLD MINT.  THE FIELD
 FACILITIES ARE INVOLVED PRIMARILY WITH PRODUCTION AND STORAGE AND ALL
 HAVE A MIXTURE OF GENERAL SCHEDULE (GS) AND WAGE GRADE (WG) EMPLOYEES.
 
    THE MISSION OF TPPIS IS THE OVERALL ESTABLISHMENT, IMPLEMENTATION AND
 OPERATION OF DEPARTMENTAL PAYROLL/PERSONNEL INFORMATION SYSTEM.  IT
 SERVICES ALL BUREAUS OF THE TREASURY WITH THE EXCEPTION OF THE INTERNAL
 REVENUE SERVICE.  IN ADDITION, IT PROVIDES THE SAME SERVICES, ON A
 CONTRACTUAL BASIS, TO THE WHITE HOUSE AND THE FEDERAL EMERGENCY
 MANAGEMENT ADMINISTRATION.  IT IS HEADED BY A DIRECTOR WHO IS SUPPORTED
 BY AN ADMINISTRATIVE STAFF. A PLANNING AND DEVELOPMENT STAFF AND A
 CUSTOMER SERVICE BRANCH, LOCATED IN WASHINGTON;  BY AN ACCOUNTING AND
 PAYROLL BRANCH, LOCATED IN SAN FRANCISCO AT THE OLD MINT;  AND BY A
 SYSTEMS BRANCH, LOCATED IN BOTH CITIES.  TPPIS CONSISTS SOLELY OF GS
 EMPLOYEES.
 
    IN 1976, THE ACTIVITY IMPLEMENTED AN AUTOMATED PAYROLL SYSTEM WHICH
 OTHER BUREAUS WITHIN THE DEPARTMENT OF THE TREASURY ADOPTED.  IT
 EXPANDED IT SYSTEM AND STAFF IN ORDER TO SERVICE THE OTHER BUREAUS.  THE
 TREASURY EMPLOYEE DATA/PAYROLL DIVISION (TED/PD), AN OS MANAGEMENT
 GROUP, PROVIDED POLICY DIRECTIVES FOR TPPIS.  WHILE TED/PD, LOCATED IN
 WASHINGTON, ESTABLISHED POLICY, THE ACTIVITY HEADQUARTERS, ALSO LOCATED
 IN WASHINGTON, MAINTAINED RESPONSIBILITY FOR SYSTEMS DEVELOPMENT AND
 FINANCES.  TPPIS, SAN FRANCISCO, PROVIDED OPERATIONAL PAYROLL CAPACITY.
 PROBLEMS AROSE BECAUSE OF THE JOINT RESPONSIBILITY, SINCE THE ACTIVITY
 AND OS EMPLOYEES HAD DIFFERENT PRIORITIES.  IN 1977, A CONTROL GROUP OF
 OS AND ACTIVITY EMPLOYEES WAS ESTABLISHED TO JOINTLY DEVELOP AND
 IMPLEMENT POLICY.  WHEN THIS DID NOT WORK, THE DECISION WAS MADE TO
 TRANSFER TPPIS FROM THE ACTIVITY TO THE OS.  THE TRANSFER OCCURRED ON
 APRIL 1, 1978.  SOME TPPIS EMPLOYEES, THE 40 ENCOMPASSED BY THE INSTANT
 PETITION, REMAINED AT THE OLD MINT BECAUSE IT POSSESSED AN UNDERUTILIZED
 COMPUTER AND BECAUSE OF THE PROHIBITIVE COST OF MOVING THE SYSTEM TO
 WASHINGTON.
 
    ALL TPPIS EMPLOYEES ARE SERVICED BY THE OS PERSONNEL OFFICE LOCATED
 IN WASHINGTON.  PERSONNEL FILES OF TPPIS EMPLOYEES WHO WORK IN THE OLD
 MINT ARE FORWARDED TO HEADQUARTERS.  THESE EMPLOYEES ARE SUBJECT TO ALL
 PERSONNEL POLICIES AND PRACTICES FORMULATED IN THE OS INCLUDING:
 AFFIRMATIVE ACTION AND MERIT PROMOTION PLANS;  PERFORMANCE APPRAISALS;
 THE OS ADMINISTRATIVE GRIEVANCE PROCEDURE;  AND A REDUCTION IN FORCE
 (RIF) PROCEDURE IN WHICH COMPETITIVE LEVELS ARE DETERMINED BY THE OS.
 ANY SIMILARITIES OF PERSONNEL PROCEDURES FOUND IN TPPIS AND OLD MINT ARE
 MERELY BROAD POLICY DIRECTIVES COMMON TO ALL GOVERNMENT AND DEPARTMENT
 OF THE TREASURY EMPLOYEES.  TPPIS EMPLOYEES' HOURS OF WORK ARE
 COORDINATED WITH THOSE OF THE EAST COAST AGENCIES WHICH TPPIS SERVICES.
 THERE IS LITTLE OR NO INTERCHANGE AMONG THE TPPIS AND OLD MINT
 EMPLOYEES.  THE RECORD REVEALS THAT NO TPPIS EMPLOYEE HAS TRANSFERRED TO
 THE OLD MINT.  ONLY THE OLD MINT EMPLOYEE HAS GONE TO TPPIS AND THAT
 PERSON HAD TO COMPETE FOR THE POSITION WHICH WAS ADVERTISED THROUGHOUT
 THE SAN FRANCISCO BAY REGION AND WAS SELECTED THROUGH THE OS PROMOTION
 SYSTEM.
 
    OLD MINT EMPLOYEES ARE SERVICED BY THEIR OWN PERSONNEL OFFICE LOCATED
 IN SAN FRANCISCO.  THIS OFFICE DOES NOT PROVIDE PERSONNEL SERVICES FOR
 TPPIS EMPLOYEES LOCATED IN SAN FRANCISCO BUT FORWARDS ALL RELEVANT
 INFORMATION CONCERNING TPPIS EMPLOYEES TO TPPIS HEADQUARTERS, INCLUDING
 FILED GRIEVANCES.  OLD MINT EMPLOYEES WORK SHIFTS THAT ARE RELATED TO
 THE NATIONWIDE PRODUCTION AND DEMAND FOR COINS.  OLD MINT AND TPPIS
 EMPLOYEES ARE LOCATED IN SEPARATE PHYSICAL LOCATIONS AT THE OLD MINT
 FACILITY.  TPPIS RECEIVES ADMINISTRATIVE SERVICES FROM THE OLD MINT,
 SUCH AS OFFICE SPACE, SECURITY, MAIL SERVICE, UTILITIES, DUPLICATING AND
 HEAT, AND ALSO PURCHASES COMPUTER TIME FROM THE OLD MINT, AS DO SEVERAL
 OTHER AGENCIES.
 
    THE ACTIVITY CONTENDS THAT THE TPPIS EMPLOYEES LOCATED AT THE OLD
 MINT SHOULD NO LONGER BE CONSIDERED PART OF THE MINT COUNCIL BARGAINING
 UNIT AS THEY ARE NOW EMPLOYEES OF THE OS, A DISTINCT AND SEPARATE
 ORGANIZATION.  IT ARGUES THAT THEY NO LONGER HAVE A CLEAR AND
 IDENTIFIABLE COMMUNITY OF INTEREST WITH EMPLOYEES IN THE EXISTING
 BARGAINING UNIT SINCE THEY NO LONGER ENJOY A COMMON MISSION, NOR DO THEY
 SHARE COMMON SUPERVISION, INTER-RELATED DUTIES, TRAINING OR GENERAL
 WORKING CONDITIONS.  FURTHERMORE, THEY ARE NOT SUBJECT TO UNIFORM
 PERSONNEL AND LABOR RELATIONS POLICIES.  IT CONTENDS THAT INCLUSION OF
 THESE EMPLOYEES WILL NOT PROMOTE EFFECTIVE DEALINGS AND EFFICIENCY OF
 OPERATIONS, NOTING THAT INEFFICIENCY OF OPERATIONS IS WHAT PROMPTED
 REORGANIZATION, AND FURTHER INCLUSION WOULD HINDER AN EFFECTIVE LABOR
 RELATIONS POLICY.  THE ACTIVITY CONCLUDES BY NOTING THAT, WHILE IT HAS
 CONTINUED TO MEET AND DISCUSS LABOR MANAGEMENT RELATIONS WITH THE UNION
 PENDING DISPOSITION OF THE INSTANT PETITION, AS AS REQUIRED BY DEFENSE
 SUPPLY AGENCY, DEFENSE PROPERTY DISPOSAL OFFICE, ABERDEEN PROVING
 GROUND, ABERDEEN, MARYLAND, 3 FLRC 787(1975), IT REASSERTS ITS POSITION
 THAT THE EMPLOYEES IN DISPUTE ARE NO LONGER PART OF THE BARGAINING UNIT.
 
    ON THE CONTRARY, THE AFGE CONTENDS THAT THE TPPIS EMPLOYEES STILL
 LOCATED IN THE OLD MINT SHOULD REMAIN IN THE UNIT.  IN THIS REGARD, IT
 NOTES THAT THEY HAVE REMAINED PHYSICALLY WITHIN THE OLD MINT COMPLEX,
 AND THAT SINCE THEIR WORKING CONDITIONS HAVE NOT CHANGED, THEY STILL
 SHARE A CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST.  IT NOTES, AS
 WELL, THAT IT HAS HANDLED TPPIS EMPLOYEES GRIEVANCES, AND HAS DISCUSSED
 FLEX-TIME WORK SCHEDULES WITH TPPIS EMPLOYEES SINCE THE REORGANIZATION.
 
    UPON THE ENTIRE RECORD IN THIS CASE, INCLUDING THE BRIEF FILED BY THE
 PETITIONER, THE AUTHORITY FINDS:  THE EMPLOYEES OF TPPIS, AFTER THE
 REORGANIZATION INVOLVED HEREIN, ARE FUNCTIONALLY DISTINCT FROM AND NO
 LONGER SHARE A COMMUNITY OF INTEREST WITH OLD MINT EMPLOYEES IN THE
 EXISTING UNIT REPRESENTED BY AFGE.  TPPIS EMPLOYEES ARE NOW PART OF THE
 OS WITH A SEPARATE AND DISTINCT MISSION;  THEY ARE UNDER SEPARATE
 SUPERVISION AND AUTHORITY;  THEY HAVE LITTLE OR NO INTERCHANGE WITH OLD
 MINT EMPLOYEES.  PERSONNEL POLICIES AND PRACTICES AND WORKING CONDITIONS
 ARE CONTROLLED BY THE OS.  BASED ON THE FOREGOING, THE AUTHORITY FINDS
 THAT THE TPPIS EMPLOYEES 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.  SEE DEPARTMENT OF THE
 NAVY, NAVY REGIONAL DATA AUTOMATION CENTER, JACKSONVILLE, FLORIDA, 4
 FLRA NO. 18(1978).  ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT THE
 CERTIFICATION FOR THE MINT COUNCIL BARGAINING UNIT BE CLARIFIED TO
 EXCLUDE THE TPPIS EMPLOYEES.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED, IN WHICH
 EXCLUSIVE RECOGNITION WAS GRANTED TO THE MINT COUNCIL, AMERICAN
 FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, ON MAY 15, 1980, BE, AND IT
 HEREBY IS, CLARIFIED BY DELETING FROM SAID UNIT THE EMPLOYEES IN THE
 TREASURY PAYROLL/PERSONNEL INFORMATION SYSTEM, LOCATED AT THE OLD MINT,
 SAN FRANCISCO, CALIFORNIA.
 
    ISSUED, WASHINGTON, D.C., OCTOBER 30, 1981.
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY