08:0699(120)CU - DOD, Army, Lexington-Blue Grass Depot Activity, Lexington, KY and AFGE Local 894 -- 1982 FLRAdec RP

 8 FLRA No. 120
 
 DEPARTMENT OF DEFENSE,
 DEPARTMENT OF THE ARMY
 LEXINGTON-BLUE GRASS DEPOT ACTIVITY
 LEXINGTON, KENTUCKY
 Activity/Petitioner
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 894, AFL-CIO
 Labor Organization
 
                                            Case No. 4-CU-41
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    UPON A PETITION DULY FILED 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 HEARING OFFICER'S
 RULINGS MADE AT THE HEARING ARE FREE FROM PREJUDICIAL ERROR AND ARE
 HEREBY AFFIRMED.
 
    UPON THE ENTIRE RECORD IN THIS CASE, THE AUTHORITY FINDS:
 
    THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 894, AFL-CIO
 (THE UNION), IS CURRENTLY RECOGNIZED AS THE EXCLUSIVE BARGAINING
 REPRESENTATIVE OF A UNIT OF APPROXIMATELY 715 EMPLOYEES OF THE
 DEPARTMENT OF DEFENSE, DEPARTMENT OF THE ARMY, LEXINGTON-BLUE GRASS
 DEPOT ACTIVITY (THE DEPOT).  ON OCTOBER 1, 1980, A REORGANIZATION TOOK
 PLACE WITHIN THE DEPARTMENT OF THE ARMY WHICH RESULTED IN THE
 ADMINISTRATIVE TRANSFER OF TWO GROUPS OF EMPLOYEES, TOTALING
 APPROXIMATELY 65 IN NUMBER, FROM THE DEPOT TO THE U.S. MISSILE COMMAND
 (MICOM) AT REDSTONE ARSENAL, HUNTSVILLE, ALABAMA, SOME 300 MILES AWAY.
 THE DEPOT FILED THE INSTANT PETITION, SEEKING TO CLARIFY THE UNIT STATUS
 OF THE APPROXIMATELY 65 EMPLOYEES AFFECTED BY THE REORGANIZATION, AND
 CONTENDING THAT THEY ARE NO LONGER PART OF THE UNION'S DEPOT-WIDE UNIT.
 THE UNION CONTENDS THAT THE ADMINISTRATIVELY TRANSFERRED EMPLOYEES
 SHOULD CONTINUE TO BE INCLUDED IN THE UNIT OF EXCLUSIVE RECOGNITION AT
 THE DEPOT.
 
    THE RECORD REVEALS THAT THE UNION'S DEPOT-WIDE UNIT INCLUDES A
 COMPLEMENT OF EMPLOYEES KNOWN AS THE QUALITY ASSURANCE DIVISION.  BEFORE
 OCTOBER 1, 1980, THAT DIVISION INCLUDED, AMONG OTHERS, A NUCLEONICS
 BRANCH AND A CALIBRATION BRANCH.  ON OCTOBER 1, 1980, THE NUCLEONICS
 BRANCH BECAME THE IONIZING RADIATION DOSIMETRY CENTER (IRDC), AND THE
 CALIBRATION BRANCH BECAME THE AREA CALIBRATION REPAIR CENTER (ACRC).
 IRDC AND ACRC BECAME ACTIVITIES SEPARATE FROM THE LEXINGTON-BLUE GRASS
 DEPOT ACTIVITY, ADMINISTRATIVELY REPORTING DIRECTLY TO MICOM.  THE DEPOT
 REMAINED A PART OF THE DEPOT SYSTEMS COMMAND.
 
    BEFORE THE REORGANIZATION, THE CHIEFS OF THE NUCLEONICS BRANCH AND
 THE CALIBRATION BRANCH REPORTED DIRECTLY TO THE HEAD OF THE QUALITY
 ASSURANCE DIVISION, WHO IN TURN REPORTED TO THE COMMANDER OF THE DEPOT.
 INSOFAR AS THE RECORD SHOWS, ALL TERMS AND CONDITIONS OF EMPLOYMENT FOR
 THE AFFECTED EMPLOYEES WERE ESTABLISHED BY THE DEPOT AND THE DEPOT
 COMMAND TO WHICH IT REPORTS.  THE EMPLOYEES' PAY EMANATED FROM THAT
 COMMAND.  THE PRIMARY AREAS OF CONSIDERATION FOR BOTH VACANCIES AND
 REDUCTIONS-IN-FORCE WERE DEPOT-WIDE, INCLUDING THE EMPLOYEES IN THE
 NUCLEONICS AND CALIBRATION BRANCHES.
 
    AFTER THE REORGANIZATION TOOK PLACE, THE EMPLOYEES IN THE
 NEWLY-CREATED IRDC AND ACRC CONTINUED TO PERFORM VIRTUALLY THE SAME
 DUTIES, AND THEY REMAINED PHYSICALLY IN PLACE AT THE DEPOT.  HOWEVER, AS
 NOTED, THEY ARE NOW ADMINISTRATIVELY PART OF MICOM AND SUBJECT TO THAT
 COMMAND.  THEY ARE EMPLOYEES OF SEPARATE TENANT ACTIVITIES LOCATED AT
 THE DEPOT, AND THEIR CHIEFS REPORT DIRECTLY TO, AND ARE SUPERVISED BY,
 MICOM AUTHORITIES LOCATED AT REDSTONE ARSENAL.  THE EMPLOYEES OF IRDC
 AND ACRC ARE NOW PAID BY MICOM.  THEY NO LONGER SHARE PRIMARY AREAS OF
 CONSIDERATION WITH THE DEPOT EMPLOYEES FOR PURPOSES OF FILLING VACANCIES
 OR IN REDUCTIONS-IN-FORCE, BUT RATHER SHARE SUCH AREAS OF CONSIDERATION
 WITH EACH OTHER.  THEY ARE NOW SUBJECT TO THE REGULATORY AUTHORITY OF
 MICOM, AND TERMS AND CONDITIONS OF EMPLOYMENT ARE ESTABLISHED BY THAT
 COMMAND.  THROUGH A SERVICING AGREEMENT, THEY SHARE THE USE OF THE
 DEPOT'S CIVILIAN PERSONNEL OFFICE WHICH ADMINISTERS THEIR PERSONNEL AND
 LABOR RELATIONS MATTERS, BUT THE DEPOT HAS NO CONTROL OVER THOSE
 MATTERS.  THERE IS NO INDICATION IN THE RECORD OF INTERCHANGE BETWEEN
 IRDC OR ACRC AND THE DEPOT, AND, AFTER THE REORGANIZATION, THERE IS NO
 EVIDENCE OF TRANSFERS TO OR FROM THE DEPOT.
 
    IN THESE CIRCUMSTANCES, THE AUTHORITY FINDS THAT THE EMPLOYEES OF
 IRDC AND ACRC NO LONGER SHARE A COMMUNITY OF INTEREST WITH THE OTHER
 DEPOT EMPLOYEES IN THE EXISTING UNIT REPRESENTED BY THE UNION.  IN THIS
 REGARD, IT IS NOTED PARTICULARLY THAT THE IRDC AND ACRC EMPLOYEES ARE
 NOW PART OF A SEPARATE COMMAND, THEY ARE UNDER SEPARATE SUPERVISION AND
 AUTHORITY, THEY DO NOT TRANSFER OR INTERCHANGE WITH DEPOT EMPLOYEES, AND
 THEIR PERSONNEL POLICIES AND PRACTICES AND WORKING CONDITIONS ARE
 CONTROLLED BY MICOM, EVEN THOUGH ADMINISTERED BY THE DEPOT'S CIVILIAN
 PERSONNEL OFFICE.  BASED ON THE FOREGOING, THE AUTHORITY FINDS THAT THE
 IRDC AND ACRC 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.  /1/ ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT THE
 DEPOT-WIDE BARGAINING UNIT REPRESENTED BY THE UNION BE CLARIFIED TO
 EXCLUDE THEREFROM THE IRDC AND ACRC EMPLOYEES.  /2/
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE LEXINGTON-BLUE GRASS DEPOT ACTIVITY
 UNIT CURRENTLY REPRESENTED BY AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 894, AFL-CIO, BE, AND IT HEREBY IS, CLARIFIED BY
 EXCLUDING THEREFROM THE EMPLOYEES OF THE IONIZING RADIATION DOSIMETRY
 CENTER (IRDC) AND THE AREA CALIBRATION REPAIR CENTER (ACRC), LOCATED AT
 LEXINGTON, KENTUCKY.
 
    ISSUED, WASHINGTON, D.C., MAY 20, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ DEPARTMENT OF THE NAVY, NAVY REGIONAL DATA AUTOMATION CENTER,
 JACKSONVILLE, FLORIDA, 4 FLRA NO. 18(1980).
 
    /2/ IN CONTENDING THAT THE IRDC AND ACRC EMPLOYEES SHOULD BE EXCLUDED
 FROM THE UNIT OF ITS EMPLOYEES, THE DEPOT SUGGESTS THAT THEY SHOULD BE
 ACCRETED TO THE UNIT OF EMPLOYEES AT REDSTONE ARSENAL IN HUNTSVILLE,
 ALABAMA WHICH IS REPRESENTED BY AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 1858, AFL-CIO (LOCAL 1858).  NEITHER MICOM NOR LOCAL
 1858, WAS A PARTY TO THIS PROCEEDING.  MICOM TOOK NO POSITION WITH
 RESPECT TO THE SUGGESTED ACCRETION;  LOCAL 1858, HOWEVER, IN A LETTER TO
 THE REGIONAL DIRECTOR, SPECIFICALLY DISAVOWED ANY INTEREST IN
 REPRESENTING THE IRDC AND ACRC EMPLOYEES, NOTING THAT THE GEOGRAPHICAL
 DISTANCE SEPARATING THEM FROM ITS EXISTING UNIT AT REDSTONE ARSENAL
 WOULD RENDER IT IMPOSSIBLE TO PROVIDE ADEQUATE AND PROMPT
 REPRESENTATION.  IN THESE CIRCUMSTANCES THE AUTHORITY CONCLUDES THAT IT
 WOULD BE INAPPROPRIATE TO RULE UPON WHETHER THE EMPLOYEES IN QUESTION
 SHOULD BE ACCRETED TO THE UNIT AT REDSTONE ARSENAL, AS SUGGESTED BY THE
 ACTIVITY/PETITIONER.