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).