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16:0279(41)RO - Army, HQ, Fort Monroe, Virginia and Local 11, Federal Firefighters Association and Local R4-11, NAGE -- 1984 FLRAdec RP



[ v16 p279 ]
16:0279(41)RO
The decision of the Authority follows:


 16 FLRA No. 41
 
 DEPARTMENT OF THE ARMY, HEADQUARTERS
 FORT MONROE, VIRGINIA
 Activity
 
 and
 
 LOCAL 11, FEDERAL FIREFIGHTERS
 ASSOCIATION
 Petitioner /1/
 
 and
 
 LOCAL R4-11, NATIONAL ASSOCIATION OF
 GOVERNMENT EMPLOYEES
 Intervenor
 
                                            Case No. 4-RO-30026
 
                            DECISION AND ORDER
 
    Upon a petition duly filed with the Federal Labor Relations Authority
 under section 7111 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 11, Federal
 Firefighters Association (Firefighters) seeks to represent a union of
 all non-supervisory General Schedule (GS) fire prevention and protection
 employees, including GS-6 crew chiefs employed at Headquarters, Fort
 Monroe, Virginia.  Since 1969, these employees have been part of a unit
 represented by Local R4-11, National Association of Government
 Employees.  The Activity and Intervenor contend that granting the
 petition would result in unnecessary fragmentation of an appropriate
 unit.
 
    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 for
 determining the appropriateness of any unit set forth in section
 7112(a)(1) of the Statute.  Thus, in resolving the instant case, the
 Authority must determine whether the unit sought by the firefighters
 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 NAGE 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 that such unit promotes
 effective dealings with, 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 record
 indicates that the collective bargaining agreement presently in effect
 contains at least one section that applies specifically to firefighters,
 that a firefighter has held the position of Chief Steward for the
 bargaining unit, and that NAGE has processed unfair labor practices and
 grievances on behalf of the firefighters.  Finally, and in agreement
 with the Activity and Intervenor, it is concluded that effective
 dealings with and efficiency of operations of the Activity will be
 promoted by avoiding unnecessary fragmentation.  Accordingly, the
 Authority concludes that the firefighters' petition seeks an
 inappropriate unit and therefore must be dismissed.  /2/
 
                                   ORDER
 
    IT IS HEREBY ORDERED that the petition in Case No. 4-RO-30026 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/ U.S. Coast Guard Air Station Cape Cod, Otis Air Force Base,
 Pocasset, Massachusetts, 10 FLRA 543 (1982).