New Jersey Department of Defense (Activity) and National Army-Air Technicians Association, Local 371, IUE, AFL-CIO-CLC (Petitioner) and National Association of Government Employees, Local R2-100 (Intervenor)

 7 FLRA No. 59
 
 NEW JERSEY DEPARTMENT OF DEFENSE
 Activity
 
 and
 
 NATIONAL ARMY-AIR TECHNICIANS ASSOCIATION,
 LOCAL 371, IUE, AFL-CIO-CLC
 Petitioner
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES,
 LOCAL R2-100
 Intervenor
 
                                            Case No. 2-CU-17
 
                    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.
 
    UPON THE ENTIRE RECORD IN THIS CASE, THE AUTHORITY FINDS:  THE
 PETITIONER, NATIONAL ARMY-AIR TECHNICIANS ASSOCIATION, LOCAL 371, IUE,
 AFL-CIO-CLC (NAATA LOCAL 371) SEEKS TO CLARIFY AN EXISTING UNIT AT
 MCGUIRE AIR FORCE BASE.  NAATA LOCAL 371 CONTENDS THAT IT IS THE
 EXCLUSIVE REPRESENTATIVE OF ALL EMPLOYEES IN A WORK AREA COMMONLY CALLED
 THE 108TH CONSOLIDATED WORK AREA.  ON THE OTHER HAND, THE INTERVENOR,
 THE NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCAL R2-100 (NAGE
 LOCAL R2-100), ASSERTS THAT EMPLOYEES WORKING AT THE 108TH CONSOLIDATED
 WORK AREA WHO ARE MILITARILY ASSIGNED TO THE 170TH AIR REFUELING GROUP
 ARE REPRESENTED BY IT, WHEREAS EMPLOYEES WORKING AT THE 108TH
 CONSOLIDATED WORK AREA WHO ARE MILITARILY ASSIGNED TO THE 108TH TACTICAL
 FIGHTER WING ARE REPRESENTED BY NAATA LOCAL 371, THE PETITIONER.  THE
 ACTIVITY TAKES THE SAME POSITION AS THE INTERVENOR, NAGE, LOCAL R2-100,
 IN THIS MATTER.
 
    THE RECORD SHOWS THAT NAATA LOCAL 371 IS, AND HAS BEEN, THE EXCLUSIVE
 REPRESENTATIVE, AT ALL TIMES RELEVANT HEREIN, OF ALL NON-SUPERVISORY,
 NON-MANAGERIAL, AND NON-PROFESSIONAL NEW JERSEY NATIONAL GUARD
 TECHNICIAN PERSONNEL ASSIGNED TO THE 108TH TACTICAL FIGHTER WING, NEW
 JERSEY AIR NATIONAL GUARD, MCGUIRE AIR FORCE BASE.  NAATA LOCAL 371 WAS
 GRANTED EXCLUSIVE RECOGNITION IN THE AFOREMENTIONED UNIT PURSUANT TO
 EXECUTIVE ORDER 10988 ON DECEMBER 23, 1969, AND IS PRESENTLY A PARTY TO
 A COLLECTIVE BARGAINING AGREEMENT WITH THE ACTIVITY WHICH CONTAINS A
 UNIT DESCRIPTION SUBSTANTIALLY IDENTICAL TO ITS ORIGINAL RECOGNITION.
 /1/
 
    NAGE LOCAL R2-100 IS, AND HAS BEEN, THE EXCLUSIVE REPRESENTATIVE, AT
 ALL TIMES RELEVANT HEREIN, OF ALL NON-SUPERVISORY, NON-MANAGERIAL, AND
 NON-PROFESSIONAL TECHNICIANS EMPLOYED BY THE 170TH AIR REFUELING GROUP
 (FORMERLY THE 170TH TACTICAL AIRLIFT GROUP), NEW JERSEY AIR NATIONAL
 GUARD, LOCATED AT MCGUIRE AIR FORCE BASE.  NAGE LOCAL R2-100 WAS GRANTED
 EXCLUSIVE RECOGNITION IN THE AFOREMENTIONED UNIT PURSUANT TO EXECUTIVE
 ORDER 10988 ON SEPTEMBER 23, 1969, AND IS ALSO A PARTY TO A COLLECTIVE
 BARGAINING AGREEMENT WITH THE ACTIVITY WHICH CONTAINS A UNIT DESCRIPTION
 SUBSTANTIALLY IDENTICAL TO ITS ORIGINAL RECOGNITION.
 
    AS SHOWN THROUGH RECORD TESTIMONY, EMPLOYEES WORKING IN THE 108TH
 CONSOLIDATED WORK AREA ARE MILITARILY ASSIGNED TO EITHER THE 108TH
 TACTICAL FIGHTER WING OR THE 170TH AIR REFUELING GROUP AT MCGUIRE AIR
 FORCE BASE.  HISTORICALLY THE MILITARY ASSIGNMENT OF EMPLOYEES WORKING
 IN THE CONSOLIDATED WORK AREA HAS GOVERNED WHETHER NAATA LOCAL 371 OR
 NAGE LOCAL R2-100 IS AN EMPLOYEE'S EXCLUSIVE REPRESENTATIVE.  BOTH NAATA
 LOCAL 371 AND NAGE LOCAL R2-100 HAVE REPRESENTED EMPLOYEES THROUGH THEIR
 SHOP STEWARDS IN THE 108TH CONSOLIDATED WORK AREA ON THE BASIS OF THE
 MILITARY ASSIGNMENT OF EMPLOYEES.  ADDITIONALLY, THOSE EMPLOYEES IN THE
 CONSOLIDATED WORK AREA WHO HAVE AUTHORIZED DUES WITHHOLDING HAVE, WITH
 FEW EXCEPTIONS, HAD THEIR UNION DUES PAID TO EACH LABOR ORGANIZATION IN
 CONFORMITY WITH THEIR MILITARY ASSIGNMENT AND CONTROLLING COLLECTIVE
 BARGAINING AGREEMENT.  /2/
 
    FURTHER, THE ACTIVITY HAS TRADITIONALLY CONDUCTED LABOR-MANAGEMENT
 RELATIONS IN THE CONSOLIDATED WORK AREA BY DEALING WITH BOTH NAATA LOCAL
 371 AND NAGE LOCAL R2-100, AND NO PROBLEMS HAVE ARISEN BECAUSE THE
 ACTIVITY MUST APPLY TWO COLLECTIVE BARGAINING AGREEMENTS IN THE
 AFOREMENTIONED WORK AREA.  IN THIS REGARD, IT WAS STATED ON THE RECORD
 WITHOUT CONTRADICTION THAT IF THE ACTIVITY WERE TO MAKE CHANGES IN
 PERSONNEL POLICIES AND PRACTICES, OR INSTITUTE A REDUCTION-IN-FORCE IN
 THE CONSOLIDATED WORK AREA, IT WOULD NOTIFY AND BARGAIN WITH NAATA LOCAL
 371 AND NAGE LOCAL R2-100.  /3/
 
    BASED ON THE CIRCUMSTANCES DISCUSSED ABOVE, NOTING PARTICULARLY THERE
 IS NO INDICATION THAT THE EMPLOYEES SOUGHT TO BE INCLUDED IN THE NAATA
 UNIT DO NOT HAVE A CONTINUING COMMUNITY OF INTEREST SEPARATE AND APART
 FROM EMPLOYEES IN THE NAATA UNIT, THE PARTIES' PAST PRACTICE OF
 EFFECTIVE COLLECTIVE BARGAINING, AND THE ABSENCE OF ANY EVIDENCE THAT
 THE EXISTING UNIT STRUCTURE DOES NOT PROMOTE EFFICIENCY OF AGENCY
 OPERATIONS, THE AUTHORITY FINDS THAT UNIT EXCLUSIVELY REPRESENTED BY
 NAATA LOCAL 371 AT MCGUIRE AIR FORCE BASE CONTINUES TO INCLUDE ONLY
 THOSE EMPLOYEES IN THE 108TH CONSOLIDATED WORK AREA WHO ARE MILITARILY
 ASSIGNED TO THE 108TH TACTICAL FIGHTER WING.  ACCORDINGLY, NAATA LOCAL
 371'S PETITION FOR CLARIFICATION OF UNIT, WHICH SEEKS TO INCLUDE ALL
 EMPLOYEES WORKING IN THE 108TH CONSOLIDATED WORK AREA IN ITS EXISTING
 UNIT, MUST BE DISMISSED.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE PETITION IN CASE NO. 2-CU-17 BE, AND IT
 HEREBY IS, DISMISSED.
 
    ISSUED, WASHINGTON, D.C., DECEMBER 18, 1981
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ SECTION 7135 OF THE STATUTE PROVIDES, IN RELEVANT PART, AS
 FOLLOWS:
 
    SEC. 7135.  CONTINUATION OF EXISTING LAWS, RECOGNITIONS, AGREEMENTS,
 AND PROCEDURES
 
    (A) NOTHING CONTAINED IN THIS CHAPTER SHALL PRECLUDE--
 
    (1) THE RENEWAL OR CONTINUATION OF AN EXCLUSIVE RECOGNITION,
 CERTIFICATION OF AN EXCLUSIVE
 
    REPRESENTATIVE, OR A LAWFUL AGREEMENT BETWEEN AN AGENCY AND AN
 EXCLUSIVE REPRESENTATIVE OF ITS
 
    EMPLOYEES, WHICH IS ENTERED INTO BEFORE THE EFFECTIVE DATE OF THIS
 CHAPTER(.)
 
    /2/ THE EVIDENCE DEMONSTRATES THAT IN 1977 THE AGENCY CORRECTED ITS
 DUES DEDUCTION ROLLS IN ORDER TO ALIGN THEM MORE FULLY WITH THE PAST
 PRACTICE OF EMPLOYEES WHO ARE MILITARILY ASSIGNED TO THE 108TH TACTICAL
 FIGHTER WING PAYING ALLOTMENTS TO NAATA LOCAL 371 AND EMPLOYEES WHO ARE
 MILITARILY ASSIGNED TO THE 170TH AIR REFUELING GROUP PAYING ALLOTMENTS
 TO NAGE LOCAL R2-100.  THERE WAS NO EVIDENCE THAT AN UNFAIR LABOR
 PRACTICE COMPLAINT WAS FILED BY EITHER UNION TO THIS ACTION.
 
    /3/ THE EVIDENCE INDICATES THAT IN 1977 A NEW MANNING SCHEDULE WAS
 ADDED TO THE 108TH CONSOLIDATED WORK AREA.  ALTHOUGH A REPRESENTATIVE
 FOR NAATA LOCAL 371 TESTIFIED THAT HE DISCOVERED THIS CHANGE ONLY
 SHORTLY BEFORE THE HEARING IN THIS CASE (OCTOBER 14, 1980), NUMEROUS
 WITNESSES TESTIFIED THAT BOTH NAATA LOCAL 371 AND NAGE LOCAL R2-100 WERE
 NOTIFIED OF THE NEW MANNING SCHEDULE IN 1977.