13:0334(51)RO - Army Medical Department, Personnel Support Agency, Northeast Region (Reserve) and Local 2204, AFGE -- 1983 FLRAdec RP
[ v13 p334 ]
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).