[ v12 p469 ]
The decision of the Authority follows:
12 FLRA No. 92 DEPARTMENT OF THE NAVY AVIATION SUPPLY OFFICE Activity and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1698, AFL-CIO Petitioner Case No. 2-UC-8 DECISION AND ORDER Upon a petition filed with the Federal Labor Relations Authority under section 7112(d) 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 American Federation of Government Employees, Local 1698, AFL-CIO (Union) filed the subject petition seeking to consolidate four units located at the Department of the Navy, Aviation Supply Office compound in Philadelphia, Pennsylvania, for which it is the exclusive representative. The four bargaining units are composed of employees of four different Activities of the Department of the Navy: Aviation Supply Office (ASO); Naval Publication and Forms Center (NPFC); Naval Air Technical Services Facility (NATSF); and Navy International Logistics Control Office (NAVILCO). /1/ The unit descriptions are set forth in the appendix. The proposed consolidated unit is described by the Union as: All non-professional civilian employees of the Aviation Supply Office (ASO), Naval Air Technical/Services Facility (NAVAIRTECHSERVFAC), Navy International Logistics Control Office (NAVILCO), and nonprofessional general schedule employees of the Naval Publications and Forms Center (NPFC). Excluded: all wage grade employees of the Public Works (ASO); all wage grade employees of the Naval Publications and Forms Center (NPFC); guards; professional employees, management officials; supervisors; confidential employees; employees engaged in personnel work in other than a clerical capacity; employees engaged in administering the Statute; employees engaged in intelligence, counterintelligence, investigative or security work which directly affects national security; employees primarily engaged in investigative or audit functions affecting the internal security of the Agency, as described in 5 U.S.C. 7112B 2, 3, 4, 6 and 7. The Activities oppose the petition on the basis that the proposed consolidated unit is not appropriate under the provisions of section 7112(a)(1) of the Statute, /2/ because such unit does not ensure a clear and identifiable community of interest among the employees in the unit, nor does it promote effective dealings with, and efficiency of the operations of, the agency involved. The four Activities involved in the petition are all co-located at a compound at 700 Robbins Avenue, Philadelphia, Pennsylvania. In addition, three other Activities are at this compound: Navy Publications and Printing Service (NPPS); Defense Industrial Supply Center (DISC); and the Defense Mapping Agency (DMA). The compound is an area of about three square blocks containing a series of office buildings and warehouses. ASO is the "host" activity and the others are, in essence, "tenants." As host, ASO is in control of all space, indoors and out, which is not specifically assigned to a tenant. ASO provides protective, custodial and maintenance services, as well as recreational facilities. In addition, ASO provides personnel services for the five U.S. Navy organizations at the compound, through the Consolidated Civilian Personnel Division (CCPD). In Department of Transportation, Washington, D.C., 5 FLRA No. 89 (1981), the Authority, in dismissing petitions to consolidate units, noted that, section 7112(a)(1) of the Statute requires any unit found appropriate to conform to the three criteria established by that section and held that these criteria applied as well to unit consolidation proceedings pursuant to section 7112(d) of the Statute. /3/ With regard to the community of interest criterion set forth in section 7112(a)(1), the Authority will consider the degree of commonality and integration of the mission and function of the components involved; the distribution of the employees involved throughout the organizational and geographical components of the agency; the degree of similarity of the occupational undertakings of the employees in the proposed unit; and the locus and scope of personnel and labor relations authority and functions. Department of the Navy, U.S. Marine Corps, 8 FLRA No. 4 (1982). In the instant case, the Authority concludes that the , employees who would be included in the proposed consolidated units do not share a clear and identifiable community of interest. Thus, the record establishes that the organizational components involved herein do not share any significant degree of commonality or integration of mission. Rather, there is a wide disparity of missions and functions, as well as command responsibility among the various Activities involved herein. For example, the mission of ASO is to procure, manage, distribute and control spare parts for aircraft weapons systems; the mission of NPFC is to act as the control point for all Navy publications and forms, and to be the Authorization Accounting Activity for a number of installations and activities; the mission of NATSF is to provide technical services in the development, production and distribution of aeronautical technical manuals for the maintenance of aircraft weapons systems; and the mission of NAVILCO is to provide supply and accounting services to foreign governments pursuant to the Navy's Security Assistance Program. In addition, the chain of command for each component is different: NAVILCO is under the command of the Naval Supply Systems Command; NATSF is under the command of the Naval Air Systems Command; NPFC is under Naval Supply Systems Command, but also relies for guidance on the Navy Comptroller; and ASO is under both the Naval Supply Systems Command and the Naval Air Systems Command. Further, reflecting the divergence of their respective missions, the work processes of the components are not integrated or interdependent, nor do they require coordinated work schedules. The record also establishes a lack of significant similarity in job classifications, skills and duties, again reflecting the disparate missions of the respective Activities involved. The record reveals no interchange of employees among Activities, and the incidence of permanent transfers among the Activities primarily reflects the movement of clerical and secretarial employees. Although certain clerical and secretarial classifications are common in all the Activities, many job classifications and skills are specialized and unique and are not shared by the Activities. Thus, ASO employs packaging and equipment specialists and weapons logistics specialists; NPFC employs warehousemen; NAVILCO employs computer systems operators and analysts who are unique in the entire U.S. Navy; and NATSF employs micro-photographers, archivists, librarians and engineering documentation specialists. Finally, although CCPD provides personnel and labor relations services for each of the Activities, the record establishes that it performs these duties as an agent on behalf of each command, deferring to the discretion exercised by each commander, and does not establish common or uniform policies applicable to all the Activities. Based on these factors, the Authority finds that the petitioned for consolidated unit would not ensure a clear and identifiable community of interest among the employees involved and will order that the petition be dismissed. /4/ ORDER IT IS HEREBY ORDERED that the petition in Case No. 2-UC-8 be, and it hereby is, dismissed. Issued, Washington, D.C., August 4, 1983 Barbara J. Mahone, Chairman Ronald W. Haughton, Member Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY APPENDIX Unit No. 1: Included: All employees of the Aviation Supply Office, Phila., Penna. Excluded: Professional and managerial employees, guards and supervisors as defined in the Executive Order, and employees engaged in personnel work in other than a clerical capacity. Unit No. 2: Included: All graded (Classification Act) employees of the Naval Publications and Forms Center, Philadelphia, Pa. Excluded: All managerial executives, supervisors, professional employees, employees engaged in personnel work in other than a purely clerical capacity and all non-supervisory guards and detectives of the Police Branch, Administrative Department. Unit No. 3: Included: All eligible employees of Naval Air Technical Services Facility. Excluded: Management officials, professional employees and supervisory personnel. Unit No. 4: Included: All permanent employees of Navy International Logistics Control Office. Excluded: Management officials, supervisory personnel, professional employees, confidential employees, employees engaged in Federal personnel work in other than a purely clerical capacity and guards as defined in Executive Order 11491, as amended. --------------- FOOTNOTES$ --------------- /1/ The Union is also the exclusive representative for bargaining units in two other Activities also located at the compound: the Defense Industrial Supply Center (DISC), and the Defense Mapping Agency (DMA). In addition, the Laborers International Union of North America (LIUNA) also exclusively represents units in ASO, NPFC and DMA, and the National Association of Government Employees (NAGE) exclusively represents a unit in Navy Publications and Printing Service (NPPS), also located in the compound. /2/ Section 7112(a)(1) provides: Sec. 7112. Determination of appropriate units for labor organization representation (a)(1) The Authority shall determine the appropriateness of any unit. The Authority shall determine in each case whether, in order to ensure employees the fullest freedom in exercising the rights guaranteed under this chapter, the appropriate unit should be established on an agency, plant, installation, functional, or other basis and 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 dealings with, and efficiency of the operations of, the agency involved. /3/ Section 7112(d) provides as follows: (d) Two or more units which are in an agency and for which a labor organization is the exclusive representative may, upon petition by the agency or labor organization, be consolidated with or without an election into a single larger unit if the Authority considers the larger unit to be appropriate. The Authority shall certify the labor organization as the exclusive representative of the new larger unit. /4/ Inasmuch as all three criteria of section 7112(a)(1) of the Statute must be satisfied in order for the Authority to find that the proposed consolidated unit is appropriate, and a failure to satisfy any one of them must result in a finding that the unit sought is inappropriate, see U.S. Army Training and Doctrine Command, 11 FLRA No. 28 (1983); Department of the Navy, Navy Publications and Printing Service Branch Office, Vallejo, California, 10 FLRA No. 108 (1982); Department of Transportation, Washington, D.C., 5 FLRA No. 89 (1981), the Authority's finding that the unit sought herein fails to meet the community of interest criterion makes it unnecessary to address the other two criteria.