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 U.S. ARMY DISTRICT RECRUITING COMMAND-PHILADELPHIA Activity and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 2375 /1/ Labor Organization/Petitioner Case No. 2-RO-36 DECISION AND DIRECTION OF ELECTION 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).