U.S. Federal Labor Relations Authority

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12:0409(85)RO - Army District Recruiting Command-Philadelphia and AFGE Local 2375 -- 1983 FLRAdec RP

[ v12 p409 ]
The decision of the Authority follows:

 12 FLRA No. 85
 Labor Organization/Petitioner
                                            Case No. 2-RO-36
    Upon a petition duly filed with the 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'
 contentions, the Authority finds:  The Petitioner, American Federation
 of Government Employees, Local 2375 (AFGE) seeks to exclusively
 represent all civilian recruiters of the U.S. Army District Recruiting
 Command-Philadelphia (the Activity).  The Activity contends that the
 employees in question are all "engaged in personnel work in other than a
 purely clerical capacity" within the meaning of section 7112(b)(3) of
 the Statute, and that therefore the petitioned for unit is
 inappropriate.  /2/
    The Activity, composed of both military and civilian recruiters, is
 responsible for recruiting activities for the Regular Army and the Army
 Reserve in Pennsylvania, Delaware and New Jersey.  The civilian
 recruiters at issue in this proceeding are dispersed among the
 Activity's six geographic areas covering three states, and are involved
 in the recruiting of Army Reserve personnel for numerous Army Reserve
 units including the 79th ARCOM;  the 159th SIB, 78th Division;  the
 310th FORSCOM;  and a hospital unit in Delaware.  AFGE represents
 approximately 300 non-supervisory Army Reserve technicians and
 organizational maintenance technicians of the 79th ARCOM and 159th SIB,
 78th Division.
    The Authority finds, contrary to the Activity's contention, that the
 petitioned-for civilian recruiters are not employees engaged in
 personnel work in other than a purely clerical capacity within the
 meaning of section 7112(b)(3) of the Statute.  While it is clear that,
 in recruiting qualified candidates for careers in the Army Reserve for
 numerous reserve units, they perform work that relates in some way to
 personnel matters for their employing agency, it does not follow that
 the civilian recruiters are "engaged in personnel work" within the
 meaning of the Statute.  In this regard, the Authority notes
 particularly that the individuals at issue are involved in recruiting
 and processing applicants for enlistment in the military reserves only,
 and that those selected for such military positions are specifically
 excluded by section 7103(a)(2) of the Statute from the definition of
 "employee" and thus cannot be included in any bargaining unit under the
 Statute.  Accordingly, the Authority finds that the civilian recruiters
 encompassed by the petition herein are not engaged in the kind of work
 which would give rise to a conflict of interest between their job
 responsibilities and union representation.  It follows that they should
 not be prevented from exercising rights to representation under the
 Statute on the basis of section 7112(b)(3).  /3/
    Having concluded that the civilian recruiters are not "engaged in
 personnel work" within the meaning of the Statute, the Authority notes
 that they share a common mission, supervision, working conditions and
 have similar job duties.  Therefore, and in the absence of any other
 contention that the petitioned-for unit is inappropriate pursuant to the
 criteria set forth in section 7112(a)(1) of the Statute, the Authority
 finds, in accordance with section 7112(a)(1), that the following
 constitutes an appropriate unit:
          All civilian recruiters of the U.S. Army District Recruiting
       Command-Philadelphia, excluding all professional employees,
       management officials, supervisors and employees 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
 immediately preceding the date below, including employees who did not
 work during the period because they were out ill, or on vacation or
 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 or not they desire to be represented for the
 purpose of exclusive recognition by American Federation of Government
 Employees, Local 2375.  Issued, Washington, D.C., July 29, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 --------------- FOOTNOTES$ ---------------
    /1/ The names of both parties appear as amended at the hearing.
    /2/ Section 7112(b)(3) provides in pertinent part:
          (b) A unit shall not be determined to be appropriate . . . if
       it includes--
                                .  .  .  .
          (3) an employee engaged in personnel work in other than a
       purely clerical capacity(.)
    /3/ See Office of Personnel Management, 5 FLRA No. 30 (1981).