13:0334(51)RO - Army Medical Department, Personnel Support Agency, Northeast Region (Reserve) and Local 2204, AFGE -- 1983 FLRAdec RP
[ v13 p334 ]
13:0334(51)RO
The decision of the Authority follows:
13 FLRA No. 51
U.S. ARMY MEDICAL DEPARTMENT
PERSONNEL SUPPORT AGENCY,
NORTHEAST REGION (RESERVE)
Activity
and
LOCAL 2204, AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, AFL-CIO
Petitioner /1/
Case No. 2-RO-30006
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, Local 2204, American
Federation of Government Employees, AFL-CIO (AFGE) seeks to exclusively
represent all nonprofessional employees of the U.S. Army Medical
Department, Personnel Support Agency, Northeast Region (Reserve)
specifically including Military Personnel Staffing Technicians employed
at Fort Hamilton, New York; Utica, New York; Buffalo, New York;
Fitchburg, Massachusetts; Willow Grove, Pennsylvania; and Hartford,
Connecticut. 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 therefore
the petitioned for unit is inappropriate. /3/
The Activity, one of the five regions of the Army Medical Department,
Personnel Support Agency is responsible for recruiting physicians and
other health care professionals for the Army Reserve. The Activity is
composed of a headquarters and six field offices and is staffed by
approximately 12 Army Reserve Health Care Commissioned Officers and 12
Military Personnel Staffing Technicians (Technicians). The parties
stipulated at the hearing that the Technicians, the employees sought to
be represented by AFGE, all perform the same duties and are engaged in
military personnel work in other than a purely clerical capacity.
The Authority finds, contrary to the Activity's contentions, that the
petitioned for Technicians 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, they perform work
that relates in some way to personnel matters for their employing
agency, it does not follow that the Technicians 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 cannot be included in any bargaining unit
under the Statute. Accordingly, the Authority finds that the
Technicians 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. /3/ It follows
that they should not be prevented from exercising rights to
representation under the Statute on the basis of section 7112(b)(3).
/4/
The parties stipulated and the Authority finds, in accordance with
the criteria set forth in section 7112 of the Statute, that the
following constitutes an appropriate unit:
All nonprofessional employees of the U.S. Army Medical
Department, Personnel Support Agency, Northeast Region (Reserve)
specifically including Military Personnel Staffing Technicians
employed at Fort Hamilton, New York; Utica, New York; Buffalo,
New York; Fitchburg, Massachusetts; Willow Grove, Pennsylvania;
and Hartford, Connecticut excluding professional employees,
management officials, supervisors and employees described in 5 USC
7112(b)(2), (3), (4), (6) and (7).
DIRECTION OF ELECTION
An election by secret ballot shall be conducted among the 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 those 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 Local
2204, American Federation of Government Employees, AFL-CIO. Issued,
Washington, D.C., October 14, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
/1/ The names of the 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/ The Activity contends that the Reserve Officers recruited by the
Technicians may become Reserve Officer "Counselors" and possibly a
Technicians' supervisor, thus creating a conflict of interest. Noting
the remoteness of this possibility, the Authority finds no merit in this
argument.
/4/ U.S. Army District Recruiting Command-Philadelphia, 12 FLRA No.
85 (1983).