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10:0659(108)RO - Navy, Navy Publications and Printing Service Branch Office, Vallejo, CA and IFPTE Local 11 -- 1982 FLRAdec RP



[ v10 p659 ]
10:0659(108)RO
The decision of the Authority follows:


 10 FLRA No. 108
 
 DEPARTMENT OF THE NAVY
 NAVY PUBLICATIONS AND PRINTING
 SERVICE BRANCH OFFICE,
 VALLEJO, CALIFORNIA
 Activity
 
 and
 
 INTERNATIONAL FEDERATION OF PROFESSIONAL
 AND TECHNICAL ENGINEERS, LOCAL 11, AFL-CIO
 Local Organization/Petitioner
 
                                            Case No. 9-RO-65
 
                            DECISION AND ORDER
 
    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 a brief filed by the
 Activity, the Authority finds:  The Petitioner, International Federation
 of Professional and Technical Engineers, Local 11, AFL-CIO, seeks an
 election in a unit composed of "all (non-professional) employees of the
 Navy Publications and Printing Service Branch Office, Vallejo,
 California, and of the Satellite Office at Concord, California." At the
 hearing in this matter, the Petitioner stated its willingness to proceed
 to an election in an alternate unit composed of "the (non-professional)
 employees at Oakland, Alameda, Concord . . . and Vallejo, California."
 /1/
 
    The Activity principally contends that neither the petitioned for
 unit nor the alternate unit sought is appropriate under the Statute
 because the employees involved do not share a community of interest
 separate and distinct from the employees in the other offices and
 satellites of the Navy Publications and Printing Service Office,
 Oakland, California (NPPSO Oakland), and that granting such units would
 lead to unwarranted fragmentation of the Oakland Office and would not
 promote effective dealings and efficiency of agency operations.  The
 Petitioner contends that it would be a financial burden to represent
 properly all of the NPPSO Oakland employees, noting that two of the
 satellites are 300 miles and 75 miles distant, and therefore, based on
 distinct geographic location, its petitioned for unit or the alternate
 unit should be found appropriate.
 
    The Authority finds that neither the unit which the Petitioner seeks
 to represent nor the alternate unit which it is willing to represent is
 appropriate for exclusive recognition under section 7112(a)(1) of the
 Statute.  Section 7112(a)(1) provides in pertinent part:
 
          The Authority 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 dealing with, and efficiency of the
       operations of, the agency involved.
 
 Thus, in order to be found appropriate, a proposed unit must meet all
 three of the foregoing criteria;  /2/ a failure to satisfy any one of
 them must result in a finding that the unit sought is inappropriate.
 
    The record establishes that the employees sought do not have a clear
 and identifiable community of interest separate and distinct from other
 employees of NPPSO, Oakland, California.  All the employees of the
 Oakland Office share essentially the same terms and conditions of
 employment.  Since October 1, 1980, the printing functions at all Navy
 facilities have been consolidated under the NPPS.  The NPPSO Oakland is
 one of the five main offices under the Western Division of NPPS.  The
 Director of the Oakland Office is responsible for the negotiation of
 labor agreements, grievance handling, and establishing labor relations
 and personnel policies and practices which all the branch and satellite
 offices are bound to follow.  All the employees of the Oakland Office
 possess essentially the same job classifications, skills, and
 qualifications;  are part of an integrated work process;  share a common
 mission and organizational structure;  and are subject to the same area
 of consideration for promotions, competitive area for
 reductions-in-force, and uniform annual performance ratings.
 
    Based upon the foregoing, the Authority finds that neither the
 petitioned for unit nor the alternate unit is appropriate for exclusive
 recognition under section 7112(a)(1), and the petition shall therefore
 be dismissed.
 
                                   ORDER
 
    IT IS HEREBY ORDERED that the petition in Case No. 9-RO-65 be, and it
 hereby is, dismissed.  Issued, Washington, D.C., December 13, 1982
                                       Ronald W. Haughton, Chairman
                                       Henry B. Frazier III, Member
                                       Leon B. Applewhaite, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ The Authority interprets this alternative unit description to
 mean that the Petitioner is willing to represent only the eligible
 employees of the Headquarters Office and of the Production Department
 located in Building 441 of the Navy Publications and Printing Service
 Office, Oakland, California, as well as the five satellite offices of
 the Production Department, all of which are less than two miles distant
 from Building 441, and all eligible employees of the Navy Publications
 and Printing Service Branch Office, Alameda, California, as well as its
 two satellite offices, both of which are approximately one half mile
 from the Alameda Branch Office.  All other employees within the Navy
 Publications and Printing Service Office, Oakland, California, would be
 excluded from the alternate unit.
 
 
    /2/ See, e.g., Department of Transportation, Washington, D.C., 5 FLRA
 No. 89 (1981).