10:0396(64)RO - Navy and International Organization of Masters, Mates and Pilots -- 1982 FLRAdec RP

 10 FLRA No. 64
 
 DEPARTMENT OF THE NAVY
 Activity
 
 and
 
 INTERNATIONAL ORGANIZATION OF MASTERS,
 MATES AND PILOTS, AFL-CIO
 Labor Organization/Petitioner
 
                                            Case No. 3-RO-99
 
                    DECISION AND DIRECTION OF ELECTION
 
    UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
 UNDER SECTION 7111(B)(1) 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, INCLUDING THE PARTIES' BRIEFS,
 THE AUTHORITY FINDS:  THE PETITIONER SEEKS TO REPRESENT A WORLD-WIDE
 UNIT OF CHIEF PILOTS AND PILOTS EMPLOYED BY THE DEPARTMENT OF THE NAVY
 UNDER CIVIL SERVICE APPOINTMENTS.  /1/
 
    THE PETITIONER TAKES THE POSITION, IN SUBSTANCE, THAT ALL THE
 EMPLOYEES SOUGHT ARE SUPERVISORS AND THAT, PURSUANT TO SECTION
 7135(A)(2) OF THE STATUTE, /2/ THE PETITIONED FOR UNIT MAY BE FOUND
 APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION UNDER SECTION 7112
 OF THE STATUTE.  /3/ THE ACTIVITY, ON THE OTHER HAND, TAKES THE POSITION
 THAT THE UNIT SOUGHT WOULD NOT PROMOTE EFFECTIVE DEALINGS OR EFFICIENCY
 OF AGENCY OPERATIONS.  IT ARGUES ALSO THAT, WHILE CHIEF PILOTS MAY BE
 SUPERVISORY EMPLOYEES, PILOTS ARE NOT.  ADDITIONALLY, THE ACTIVITY
 CONTENDS THAT THE PETITION SHOULD BE DISMISSED BECAUSE OF EXISTING
 CONTRACT AND CERTIFICATION BARS.
 
    AT THE HEARING, THE PARTIES STIPULATED, INTER ALIA, THAT THE
 PETITIONER IS THE EXCLUSIVE REPRESENTATIVE OF A SUPERVISORY UNIT UNDER
 THE STATUTE AT THE MILITARY SEALIFT COMMAND.  THE AUTHORITY TAKES
 OFFICIAL NOTICE THAT THE ABOVE-REFERENCED SUPERVISORY UNIT OF MASTERS
 AND FIRST OFFICERS WAS RECOGNIZED IN 1974 UNDER EXECUTIVE ORDER 11491,
 AS AMENDED.  THE PETITIONER ALSO HAS HISTORICALLY REPRESENTED
 SUPERVISORY EMPLOYEES IN PRIVATE INDUSTRY AS ACKNOWLEDGED BY THE
 DEPARTMENT OF NAVY (NAVY) IN ITS BRIEF.  THUS, THE PETITIONER HAS
 TRADITIONALLY REPRESENTED UNITS OF SUPERVISORS IN PRIVATE INDUSTRY AND
 HELD EXCLUSIVE RECOGNITION FOR A UNIT OF SUPERVISORS IN AN AGENCY ON THE
 EFFECTIVE DATE OF THE STATUTE, THEREBY SATISFYING BOTH SPECIFIC
 PREREQUISITES SET FORTH IN SECTION 7135(A)(2) FOR THE INITIAL ACCORDING
 OF RECOGNITION FOR UNITS OF SUPERVISORS.
 
    THE PETITIONED FOR UNIT IS COMPOSED OF 52 INDIVIDUALS WHO CONSTITUTE
 ALL OF THE NAVY'S CIVILIAN MARITIME PILOTS.  OF THESE, 11 ARE CHIEF
 PILOTS, WM-28, AND 41 ARE PILOTS, WM-27.  THEY ARE SITUATED AT 17
 SEPARATE LOCATIONS, WORLD-WIDE, INCLUDING SHIPYARDS, SUBMARINE BASES,
 NAVAL STATIONS, CONSTRUCTION AND REPAIR CENTERS, AND SUPPLY OPERATIONS.
 THE RECORD, IN THE AUTHORITY'S VIEW, AMPLY DEMONSTRATES THAT CHIEF
 PILOTS AND PILOTS PERFORM SUBSTANTIALLY THE SAME DUTIES, INCLUDING
 REGULAR SUPERVISION OF EMPLOYEES IN THE COURSE OF THEIR WORK.  THUS, AT
 EACH OF THE AFOREMENTIONED WORK-SITES, THE PETITIONED FOR EMPLOYEES
 SUPPORT THE MISSION OF THE NAVY BY PERFORMING THE SAME WORK, I.E.,
 PILOTING, BERTHING AND UNBERTHING, AND DOCKING AND UNDOCKING VESSELS.
 IN THIS REGARD, THE PETITIONED FOR EMPLOYEES TYPICALLY TAKE OVER COMMAND
 OF A SHIP'S STEERING AND ENGINE CONTROLS IS CHANNEL AND HARBOR AREAS, OR
 OTHER WATERS WHERE SPECIALIZED KNOWLEDGE OF LOCAL GEOGRAPHY, WINDS,
 TIDES, CURRENTS, NAVIGATIONAL HAZARDS AND NAVIGATIONAL AIDS ARE
 REQUIRED, AND PROVIDE PILOTING SERVICES.  CHIEF PILOTS AND PILOTS ARE
 REQUIRED BY LAW TO HAVE MASTER LICENSES WITH UNLIMITED FIRST CLASS PILOT
 ENDORSEMENTS, HAVE EXTENSION OF ROUTE CERTIFICATIONS FROM THE U.S. COAST
 GUARD, PASS RENEWAL EXAMINATIONS EVERY FIVE YEARS, AND REGULARLY UPDATE
 THEIR KNOWLEDGE OF RADAR AND SHIP SYSTEMS.  ADDITIONALLY, A MAJORITY OF
 THE CHIEF PILOTS AND PILOTS HAVE WORKED AT MORE THAN ONE OF THE NAVY'S
 WORK-SITES AND REGULARLY ACCEPT TRANSFERS AND REASSIGNMENTS TO NEW
 LOCATIONS WHERE THEY PERFORM IDENTICAL JOB FUNCTIONS.  CHIEF PILOTS AND
 PILOTS ARE ALSO SUBJECT TO A SPECIALIZED PAY SCALE, SEPARATE AND APART
 FROM OTHER NAVY EMPLOYEES, WHICH IS FIXED AT THE DEPARTMENT OF DEFENSE
 LEVEL, AND THAT CLOSELY FOLLOWS THE PREVAILING RATES AND PRACTICES OF
 THE PRIVATE SECTOR MARITIME INDUSTRY.
 
    WITH REGARD TO SUPERVISION, WHILE IT IS TRUE THAT CHIEF PILOTS ARE IN
 COMMAND WHEN PRESENT, THE PILOTS ARE IN COMPLETE COMMAND ON THE FREQUENT
 OCCASIONS WHEN NO CHIEF PILOT IS PRESENT.  IN THIS REGARD, IT IS NOTED
 THAT THERE ARE ONLY 11 CHIEF PILOTS BUT 17 LOCATIONS INVOLVED HEREIN.
 MORE SPECIFICALLY, CHIEF PILOTS AND PILOTS SCHEDULE AND DIRECT THE WORK
 OF CIVILIAN TUGBOAT PERSONNEL AND CIVILIAN RIGGERS.  MOREOVER, IN
 PERFORMING THESE FUNCTIONS, THEY CONSISTENTLY EXERCISE INDEPENDENT
 JUDGMENT.  ACCORDINGLY, THE AUTHORITY CONCLUDES THAT THE CHIEF PILOTS
 AND PILOTS INVOLVED HEREIN ARE SUPERVISORS WITHIN THE MEANING OF SECTION
 7103(A)(10) OF THE STATUTE.  /4/
 
    WITH RESPECT TO THE NAVY'S ASSERTION THAT THE PETITION SHOULD BE
 DISMISSED BECAUSE OF EXISTING CONTRACT AND CERTIFICATION BARS, THE
 EVIDENCE BEFORE THE AUTHORITY DISCLOSES THAT NONE OF THE CERTIFICATIONS
 OR CONTRACTS AT ANY OF THE NAVY'S 17 LOCATIONS INVOLVED IN THIS CASE
 COVERS A UNIT OF SUPERVISORS, AND THUS NO CERTIFICATION OR CONTRACT BARS
 EXIST WITH RESPECT TO THE UNIT SOUGHT.  /5/
 
    BASED ON THE FOREGOING, IT IS CONCLUDED THAT THE UNIT SOUGHT IS
 APPROPRIATE.  THUS, THE CHIEF PILOTS AND PILOTS HAVE A COMMUNITY OF
 INTEREST SEPARATE AND APART FROM OTHER NAVY PERSONNEL SINCE THEY SHARE A
 UNIQUE FUNCTION, PAY SCALE AND WORKING CONDITIONS.  FURTHER, A
 SUPERVISORY UNIT OF ALL CHIEF PILOTS AND PILOTS WILL PROMOTE EFFECTIVE
 DEALINGS WITH, AND EFFICIENCY OF THE OPERATIONS OF, THE NAVY SINCE THIS
 UNIT AVOIDS THE PROSPECT OF A NUMBER OF SMALLER, FRAGMENTED UNITS OF
 CHIEF PILOTS AND PILOTS AT EACH OF THE NAVY'S 17 LOCATIONS HEREIN.
 ACCORDINGLY, THE AUTHORITY FINDS THE FOLLOWING UNIT IS APPROPRIATE FOR
 THE PURPOSE OF EXCLUSIVE RECOGNITION WITHIN THE MEANING OF THE STATUTE:
 
    ALL CHIEF PILOTS, WM-28, AND PILOTS, WM-27, EMPLOYED BY THE
 DEPARTMENT OF THE NAVY UNDER
 
    CIVIL SERVICE APPOINTMENTS, EXCLUDING ALL MANAGEMENT OFFICIALS, OTHER
 SUPERVISORS,
 
    CONFIDENTIAL EMPLOYEES, EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK
 IN OTHER THAN A PURELY
 
    CLERICAL CAPACITY, EMPLOYEES ENGAGED IN ADMINISTERING THE STATUTE,
 EMPLOYEES ENGAGED IN
 
    INTELLIGENCE OR OTHER SECURITY WORK DIRECTLY AFFECTING NATIONAL
 SECURITY, AND EMPLOYEES
 
    PRIMARILY ENGAGED IN INVESTIGATION OR AUDIT FUNCTIONS RELATED TO THE
 INTERNAL SECURITY OF THE
 
    ACTIVITY, AS DESCRIBED IN 5 U.S.C 7112(B)(2), (3), (4), (6) AND (7).
 
                           DIRECTION OF ELECTION
 
    AN ELECTION BY SECRET BALLOT SHALL BE CONDUCTED AMONG EMPLOYEES IN
 THE UNIT DESCRIBED ABOVE AS SOON AS FEASIBLE.  THE APPROPRIATE REGIONAL
 DIRECTOR SHALL SUPERVISE OR CONDUCT THE ELECTION, AS APPROPRIATE,
 SUBJECT TO THE AUTHORITY'S RULES AND REGULATIONS.  ELIGIBLE TO VOTE ARE
 THOSE IN THE VOTING GROUP WHO WERE EMPLOYED DURING THE PAYROLL PERIOD
 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 HAVE QUIT OR WERE
 DISCHARGED FOR CAUSE SINCE THE DESIGNATED PAYROLL PERIOD AND WHO HAVE
 NOT BEEN REHIRED OR REINSTATED BEFORE THE ELECTION DATE.  THOSE ELIGIBLE
 SHALL VOTE ON WHETHER THEY DESIRE TO BE REPRESENTED FOR THE PURPOSE OF
 EXCLUSIVE RECOGNITION BY THE INTERNATIONAL ORGANIZATION OF MASTERS,
 MATES AND PILOTS, AFL-CIO.
 
    ISSUED, WASHINGTON, D.C., OCTOBER 15, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ THE UNIT DESCRIPTION APPEARS AS AMENDED AT THE HEARING.
 
    /2/ SECTION 7135(A)(2) PROVIDES:
 
    SECTION 7135.  CONTINUATION OF EXISTING LAWS, RECOGNITIONS,
 AGREEMENTS, AND PROCEDURES
 
    (A) NOTHING CONTAINED IN THIS CHAPTER SHALL PRECLUDE--
 
   .          .          .          .
 
 
    (2) THE RENEWAL, CONTINUATION, OR INITIAL ACCORDING OF RECOGNITION
 FOR UNITS OF MANAGEMENT
 
    OFFICIALS OR SUPERVISORS REPRESENTED BY LABOR ORGANIZATIONS WHICH
 HISTORICALLY OR
 
    TRADITIONALLY REPRESENT MANAGEMENT OFFICIALS OR SUPERVISORS IN
 PRIVATE INDUSTRY AND WHICH HOLD
 
    EXCLUSIVE RECOGNITION FOR UNITS OF SUCH OFFICIALS OR SUPERVISORS IN
 ANY AGENCY ON THE
 
    EFFECTIVE DATE OF THIS CHAPTER.
 
    /3/ SECTION 7112 PROVIDES IN PERTINENT PART:
 
    SECTION 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.
 
    (B) . . . NOR SHALL A UNIT BE DETERMINED TO BE APPROPRIATE IF IT
 INCLUDES--
 
    (1) EXCEPT AS PROVIDED UNDER SECTION 7135(A)(2) OF THIS TITLE, ANY
 MANAGEMENT OFFICIAL OR
 
    SUPERVISOR(.)
 
    /4/ SECTION 7103(A)(10) DEFINES A "SUPERVISOR" AS:
 
    . . . AN INDIVIDUAL EMPLOYED BY AN AGENCY HAVING AUTHORITY IN THE
 INTEREST OF THE AGENCY TO
 
    HIRE, DIRECT, ASSIGN, PROMOTE, REWARD, TRANSFER, FURLOUGH, LAYOFF,
 RECALL, SUSPEND,
 
    DISCIPLINE, OR REMOVE EMPLOYEES, TO ADJUST THEIR GRIEVANCES, OR TO
 EFFECTIVELY RECOMMEND SUCH
 
    ACTION, IF THE EXERCISE OF THE AUTHORITY IS NOT MERELY ROUTINE OR
 CLERICAL IN NATURE BUT
 
    REQUIRES THE CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT.  . . .
 
    /5/ MOREOVER, IN VIEW OF OUR FINDING THAT CHIEF PILOTS AND PILOTS ARE
 SUPERVISORS WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE STATUTE,
 SUCH INDIVIDUALS COULD NOT APPROPRIATELY HAVE BEEN INCLUDED IN
 BARGAINING UNITS WITH NONSUPERVISORY EMPLOYEES.