13:0529(88)UC - Army Support Command, Hawaii and Hawaii Federal Lodge 1998, IAM -- 1983 FLRAdec RP

[ v13 p529 ]
The decision of the Authority follows:

 13 FLRA No. 88
 Labor Organization/Petitioner
                                            Case No. 8-UC-20001
                            DECISION AND ORDER
    Upon a petition duly 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 contentions of the
 parties, the Authority finds:
    The U.S. Army Support Command, Hawaii (Activity) and the Hawaii
 Federal Lodge 1998, International Association of Machinists and
 Aerospace Workers, AFL-CIO (IAM), jointly filed the instant petition
 seeking to consolidate four units for which the IAM is the exclusive
 representative.  The units presently represented by IAM and covered by
 the petition are set forth in the Appendix.  /1/
    IAM and the Activity stipulated that the following proposed
 consolidated unit is appropriate under the Statute:
          Included:  All employees assigned to the SUP/SVCS Division,
       Munitions Division, Maintenance Division, and Contracting
       Division, Directorate of Industrial Operations;  All permanent
       employees assigned to the Housing Division, Building and Grounds
       Division and Utilities Division, Directorate of Engineering and
       Housing;  All GS employees assigned to the Management Information
       Systems Office;  All area TMDE employees, Support Branch, HI
       (MICOM) and all employees of the Schofield Barracks Commissary
       (Western Field Office, USA Trp Spt Agency).
          Excluded:  All management officials, professional employees,
       guards, confidential employees, employees engaged in personnel
       work in other than a purely clerical capacity, and all other
       employees not specifically included above in the aforementioned
    The Activity and the IAM assert that while they are agreed that the
 above-described proposed consolidated unit would be appropriate, they
 are unable to adequately describe the unit as a result of a series of
 reorganizations which have occurred since these units came into
    At the time of the hearing herein, the Activity, headquartered at
 Fort Shafter, Hawaii, provided a variety of support services to all U.S.
 Army elements located in Hawaii.  Under the direction of a Commander and
 Executive Officer, the Activity is organized into a large number of
 offices, directorates and divisions.  In addition, there are offices and
 directorates attached, but not subordinate, to the Activity.  The
 proposed consolidated unit encompasses the Directorate of Industrial
 Operations (DIO) and elements of the Directorate of Engineering and
 Housing (DEH), as well as the Management Information Services Office
 (MISO).  The total number of employees in all four IAM units is
 approximately 950-1000.  In addition to the four bargaining units
 involved in the instant petition, there are two other bargaining units
 at the Activity:  an Activity-wide unit of all non-appropriated fund
 employees, who are assigned to the Directorates of Personnel and
 Community Activities, Industrial Operations, and Engineering and
 Housing, represented by Service Employees International Union, AFL-CIO;
 and a unit of employees assigned to the Fort Shafter and Schofield
 Barracks motor pools, Division of Transportation, Directorate of
 Industrial Operations, represented by the International Brotherhood of
 Electrical Workers, AFL-CIO.  There were approximately 500-600 Activity
 civilian employees unrepresented at the time of the hearing herein.
    In Department of Transportation, Washington, D.C., 5 FLRA No. 89
 (1981), the Authority dismissed petitions to consolidate units noting
 that section 7112(a)(1) of the Statute /2/ requires any unit found
 appropriate to conform to the three criteria established by that
 section-- a clear and identifiable community of interest among the
 employees in the unit, and the promotion of effective dealings with, and
 the efficiency of the operations of, the agency involved.  The Authority
 further noted that section 7112(d) of the Statute, /3/ which provides
 for the consolidation of existing units into a single more comprehensive
 unit, requires that such consolidated unit meet the same three criteria
 required of any proposed unit.
    With regard to the community of interest criterion, 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 in 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 record reveals that approximately 12-13
 members of bargaining unit No. 1 set forth in the Appendix, assigned to
 "AREA TMDE Support Branch Hawaii (MICOM)," are employed by the TMDE
 Support Group U.S. Missile Command, U.S. Army Materiel Development and
 Readiness Command.  Further, approximately 88 full-time and 67 part-time
 members of bargaining unit No. 2, assigned to the Schofield Barracks
 Commissary, are employed by the Western Region Commissary Office, U.S.
 Army Troop Support Agency.  Both the Area TMDE Support Branch Hawaii
 (MICOM) and the Schofield Barracks Commissary are tenants of the
 Activity, and receive personnel and labor relations services from the
 Activity's Civilian Personnel Office under separate servicing agreements
 which take due regard of each tenant command's policies governing such
 matters.  Thus, between 15% and 20% of the employees in the proposed
 consolidated unit are individuals who, as a result of past
 reorganizations, are no longer employed by the Activity but instead are
 employed by other tenant commands and serviced by the Activity's
 personnel office.  These employees are subject to personnel and labor
 relations policies which may be separate and distinct from those
 covering the Activity's employees in the proposed consolidated unit.
    The Authority finds that the proposed consolidated unit is not
 appropriate for the purposes of exclusive recognition under the
 provisions of section 7112(a)(1) of the Statute.  Thus, as noted above,
 employees of the Area TMDE Support Branch Hawaii and the employees of
 the Schofield Barracks Commissary do not share, with each other or with
 other employees in the proposed consolidated unit, common mission,
 supervision, or uniform personnel and labor relations policies.  Based
 on these facts, the proposed consolidated unit would not en