10:0543(92)RO - Coast Guard Air Station Cape Cod Otis AFB, Pocasset, MA and NAGE -- 1982 FLRAdec RP

 10 FLRA No. 92
 
 U.S. COAST GUARD AIR STATION CAPE COD
 OTIS AIR FORCE BASE
 POCASSET, MASSACHUSETTS /1/
 Activity
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES
 Labor Organization/Petitioner
 
                                            Case No. 1-RO-34
 
                            DECISION AND ORDER
 
    UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
 UNDER SECTION 7111 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.
  THEY ARE HEREBY AFFIRMED.
 
    UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
 PARTIES' CONTENTIONS, THE AUTHORITY FINDS:  THE NATIONAL ASSOCIATION OF
 GOVERNMENT EMPLOYEES (NAGE) SEEKS TO REPRESENT A UNIT OF ALL
 FIREFIGHTERS AND FIRE INSPECTORS EMPLOYED BY THE U.S. COAST GUARD AIR
 STATION, CAPE COD, OTIS AIR FORCE BASE, POCASSET, MASSACHUSETTS.  /2/
 SINCE SEPTEMBER 1976, THESE EMPLOYEES /3/ HAVE BEEN PART OF A UNIT
 REPRESENTED BY AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO,
 LOCAL 1846 (AFGE).  /4/ THE ACTIVITY CONTENDS THAT GRANTING THE PETITION
 WOULD RESULT IN UNNECESSARY FRAGMENTATION OF AN APPROPRIATE UNIT.
 
    IN INTERNATIONAL COMMUNICATIONS AGENCY, 5 FLRA NO. 19 (1981) THE
 AUTHORITY STATED THAT WHEN DECIDING A QUESTION CONCERNING SEVERANCE,
 SUCH AS THAT INVOLVED HEREIN, IT MUST APPLY THE THREE CRITERIA FOR
 DETERMINING THE APPROPRIATENESS OF ANY UNIT SET FORTH IN SECTION
 7112(A)(1) OF THE STATUTE.  THUS. IN RESOLVING THE INSTANT CASE, THE
 AUTHORITY MUST DETERMINE WHETHER THE UNIT SOUGHT BY NAGE WILL ENSURE A
 CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST AMONG EMPLOYEES AND WILL
 PROMOTE EFFECTIVE DEALINGS WITH, AND EFFICIENCY OF THE OPERATIONS OF,
 THE ACTIVITY.
 
    THE RECORD ESTABLISHES THAT THE ACTIVITY-WIDE UNIT CURRENTLY
 REPRESENTED BY AFGE IS APPROPRIATE, AS ALL OF THE ACTIVITY'S EMPLOYEES
 INCLUDING THE FIREFIGHTERS AND FIRE INSPECTORS SHARE A COMMUNITY OF
 INTEREST AT THE ACTIVITY LEVEL AND THAT SUCH UNIT PROMOTES EFFECTIVE
 DEALINGS AND EFFICIENCY OF AGENCY OPERATIONS.  THUS, ALL OF THE
 ACTIVITY'S EMPLOYEES SHARE A COMMON MISSION, ARE SUBJECT TO THE SAME
 MERIT PROMOTION POLICIES AND COMPETITIVE AREAS, AND HAVE BEEN PART OF A
 LONG-STANDING, ESTABLISHED BARGAINING UNIT.  FURTHER, THERE IS NO
 EVIDENCE TO DEMONSTRATE THAT FIREFIGHTERS AND FIRE INSPECTORS HAVE NOT
 BEEN REPRESENTED FAIRLY OR THAT THEIR BARGAINING CONCERNS HAVE BEEN
 OVERLOOKED BY AFGE.  /5/ FINALLY, AND IN AGREEMENT WITH THE ACTIVITY, IT
 IS CONCLUDED THAT EFFECTIVE DEALINGS AND EFFICIENCY OF OPERATIONS OF THE
 ACTIVITY WILL PROMOTED BY AVOIDING UNNECESSARY FRAGMENTATION.
 ACCORDINGLY THE AUTHORITY CONCLUDES THAT NAGE'S PETITION SEEKS AN
 INAPPROPRIATE UNIT AND THEREFORE MUST BE DISMISSED.  /6/
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE PETITION IN CASE NO. 1-RO-34 BE, AND IT
 HEREBY IS, DISMISSED.
 
    ISSUED, WASHINGTON, D.C., NOVEMBER 24, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ THE NAME OF THE ACTIVITY APPEARS AS AMENDED AT THE HEARING.
 
    /2/ THE UNIT DESCRIPTION APPEARS AS AMENDED AT THE HEARING.
 
    /3/ PRIOR TO SEPTEMBER 1976, FIRE FIGHTING RESPONSIBILITY FOR THE
 ACTIVITY WAS HANDLED BY AIR NATIONAL GUARD FIREFIGHTERS, AND THE
 ACTIVITY REIMBURSED THE DEPARTMENT OF DEFENSE FOR SUCH SERVICES.  IN
 1976, UPON NOTIFICATION THAT THE AIR NATIONAL GUARD WOULD BE UNABLE TO
 CONTINUE PROVIDING SUCH SERVICES, THE ACTIVITY RECEIVED AUTHORIZATION TO
 FILL EIGHT FIREFIGHTER POSITIONS.
 
    /4/ AFGE WAS CERTIFIED ON DECEMBER 5, 1974, AS THE EXCLUSIVE
 REPRESENTATIVE FOR A UNIT OF ALL COMBINED FEDERAL WAGE SYSTEMS EMPLOYEES
 AND GENERAL SCHEDULE EMPLOYEES OF THE U.S. COAST GUARD HOUSING AND
 SUPPORT SECTION, OTIS AIR FORCE BASE, MASSACHUSETTS.
 
    /5/ AFGE AND THE ACTIVITY ENTERED INTO A COLLECTIVE BARGAINING
 AGREEMENT WHICH WAS IN EFFECT FROM FEBRUARY 27, 1978, TO FEBRUARY 26,
 1980, BUT HAD EXPIRED BY THE TIME OF THE HEARING.
 
    /6/ SEE DEPARTMENT OF THE NAVY, NAVAL AIR STATION, MOFFETT FIELD,
 CALIFORNIA, 8 FLRA NO. 3(1982).