12:0618(117)RO - Mississippi NG Mates Shop, Camp Shelby, MS and ACT, Inc. -- 1983 FLRAdec RP
[ v12 p618 ]
12:0618(117)RO
The decision of the Authority follows:
12 FLRA No. 117
MISSISSIPPI NATIONAL GUARD
MATES SHOP, CAMP SHELBY,
MISSISSIPPI
Activity
and
ASSOCIATION OF CIVILIAN TECHNICIANS, INC.
Labor Organization/Petitioner
Case No. 4-RO-20015
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 hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
Upon the entire record in this case, including the parties'
contentions, the Authority makes the following findings: The
Petitioner, Association of Civilian Technicians, Inc. (the Union), seeks
to represent all Federal wage grade and general schedule employees in
the Mississippi National Guard, Mobilization and Training Equipment Site
(MATES), Camp Shelby, Mississippi (the Activity), excluding all
professional employees, management officials, supervisors, and employees
described in section 7112(b)(2), (3), (4), (6) and (7) of the Statute.
The Activity opposes the petitioned for unit, contending that it is not
appropriate under the criteria set forth in section 7112(a)(1) of the
Statute because the employees involved do not share a community of
interest separate and distinct from other Federal employees of the
Mississippi National Guard. It contends that only a state-wide unit of
all nonsupervisory wage grade and general schedule employees would be
appropriate. The Activity contends further that the petitioned for unit
would lead to unwarranted fragmentation and proliferation of units and
would not promote effective dealings and efficiency of agency
operations.
The employees sought are civilian technicians working at MATES, which
is one of 31 maintenance support units in the Mississippi National
Guard. They are generally responsible for maintenance and repair of
equipment used by the Mississippi National Guard as well as by units
from other states. All of these support units are under the supervision
of the State Maintenance Officer who reports to the Adjutant General.
Personnel policies and procedures for MATES employees are formulated
within the guidelines of the joint Army and Air National Guard
Regulations, which are enforced and administered by the Adjutant
General. All such policies apply to all civilian technicians employed
by the Mississippi National Guard, and are administered centrally by the
Support Personnel Management Officer through a state-wide technician
program under the authority of the Adjutant General. The MATES
technicians are subject to a grievance procedure wherein informal
grievances are resolved within MATES, but the Adjutant General is the
final authority with respect to formal grievances as well as all
personnel policies relating to assignment, promotion, leave, separation
and wages.
MATES technicians are in a separate area of consideration for
purposes of reductions-in-force. However, the competitive area for
vacancies and merit placement for all technicians is state-wide. The
record reflects occasional transfers from MATES to other support units
of the Mississippi National Guard. Further, although MATES technicians
possess classification series different from the technicians of other
support units, they perform general repair and maintenance duties
similar to technicians in other support units, with the exception of
those of the Combined Support Maintenance Shop who perform additional
specialized tasks; as a result, interchange among the various support
units occurs on a regular basis. Moreover, MATES technicians regularly
work on integrated teams with technicians outside of their unit under
the same working conditions and common supervision, although it appears
that the employees from other technicians' units sometimes are in
military status when serving on such integrated teams.
In view of the foregoing, it is concluded that the employees sought
herein do not share a clear and identifiable community of interest
separate and distinct from other Federal civilian employees of the State
of Mississippi National Guard inasmuch as all such employees share the
same terms and conditions of employment, and perform similar duties
under common supervision in the accomplishment of a shared mission.
Accordingly, the Authority finds that the unit which the Petitioner to
represent is not appropriate under section 7112(a)(1) of the Statute,
and the petition shall be dismissed. See Providence Veterans
Administration Medical Center, Davis Park, Providence, Rhode Island, 11
FLRA No. 44 (1983); Department of the Navy, Navy Publications and
Printing Office, Vallejo, California, 10 FLRA No. 108 (1982).
ORDER
IT IS ORDERED that the petition in Case No. 4-RO-20015 be, and it
hereby is, dismissed. Issued, Washington, D.C., August 22, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY