16:0271(38)RO - Army Engineer Center and Fort Belvoir and Local 16, Federal Firefighters Association and Local 1052, AFGE -- 1984 FLRAdec RP
[ v16 p271 ]
16:0271(38)RO
The decision of the Authority follows:
16 FLRA No. 38
U.S. ARMY ENGINEER CENTER
AND FORT BELVOIR
Activity
and
LOCAL 16, FEDERAL FIREFIGHTERS
ASSOCIATION
Petitioner /1/
and
LOCAL 1052, AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES
Intervenor
Case No. 3-RO-30021
DECISION AND ORDER
Upon a petition duly filed by the Authority under section 711 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. They are hereby
affirmed.
Upon careful consideration of the entire record, including the
parties' contentions, the Authority finds: Local 16, Federal
Firefighters Association (Petitioner) seeks to represent a unit of all
General Schedule fire prevention and protection employees employed by
the employer at Fort Belvoir, Virginia. Since November 1968, these
employees have been part of a unit represented by Local 1052, American
Federation of Government Employees (AFGE). /2/ The Activity and AFGE
contend that granting the petition would result in unnecessary
fragmentation of an existing unit and would not ensure a clear and
identifiable community of interest or promote effective dealings or
efficiency of agency operations.
In International Communication Agency, 5 FLRA 97 (1981), the
Authority stated that when deciding a question concerning severance,
such as that involved herein, it must apply the three criteria set forth
in section 7112(a)(1) of the Statute for determining the appropriateness
of any unit. Thus, in resolving the instant case, the Authority must
determine whether the unit sought by the Petitioner will ensure a clear
and identifiable community of interest among employees and will promote
effective dealings with, and efficiency of the operations of, the
Activity.
The record establishes that the Activity-wide unit currently
represented by AFGE is appropriate, as all of the Activity's employees,
including the fire prevention and fire protection employees, share a
community of interest at the Activity level and as such unit promotes
effective dealings and efficiency of agency operations. Thus, all of
the Activity's employees share a common mission, are subject to the same
merit promotion policies and competitive areas, and have been part of a
long-standing, established bargaining unit. Further, the weight of
evidence does not demonstrate that fire prevention and fire protection
employees have not been represented fairly or that their bargaining
concerns have been overlooked by AFGE. /3/ Finally, and in agreement
with the Activity, it is concluded that effective dealings and
efficiency of operations of the Activity will be promoted by avoiding
unnecessary fragmentation. Accordingly, the Authority concludes that
the Petitioner's petition seeks an inappropriate unit and therefore must
be dismissed. /4/
ORDER
IT IS HEREBY ORDERED that the petition in Case No. 3-RO-30021 be, and
it hereby is, dismissed. Issued, Washington, D.C., October 26, 1984
Henry B. Frazier III, Acting
Chairman
Ronald W. Haughton, Member
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
/1/ The names of the Activity and Petitioner appear as amended at the
hearing.
/2/ Local 1052, AFGE was granted exclusive recognition for a unit
containing the above mentioned firefighter employees on November 18,
1968.
/3/ AFGE and the Activity have negotiated a series of collective
bargaining agreements dating back to 1972; the collective bargaining
agreement negotiated in 1978 was currently in effect at the time of the
hearing.
/4/ See U.S. Coast Guard Air Station Cape Cod, Otis Air Force Base,
Pocasset, Massachusetts, 10 FLRA 543 (1982) and Department of the Navy,
Naval Air Station, Moffet Field, California, 8 FLRA 10 (1982).