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).