16:0788(107)RO - Army, Army Transportation Center, Fort Eustis, Virginia and Local 19, Federal Firefighters Association and Local 1341, AFGE -- 1984 FLRAdec RP
[ v16 p788 ]
16:0788(107)RO
The decision of the Authority follows:
16 FLRA No. 107
DEPARTMENT OF THE ARMY
U.S. ARMY TRANSPORTATION CENTER
FORT EUSTIS, VIRGINIA
Activity
and
LOCAL 19, FEDERAL FIREFIGHTERS
ASSOCIATION
Petitioner
and
LOCAL 1341, AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES /1/
Intervenor
Case No. 4-RO-30036
DECISION AND ORDER
Upon a petition duly filed with the 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: FFA seeks to represent a
unit of all GS fire prevention and protection employees employed by the
Activity at Fort Story, Virginia. Since 1963, these employees have been
part of the unit represented by the Intervenor, AFGE. The Activity and
AFGE 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 FFA 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 base-wide unit currently represented
by AFGE is appropriate, as all Activity employees therein, including the
GS fire prevention and protection employees, share a community of
interest at the base level, and that such a unit promotes effective
dealings and efficiency of agency operations. Thus, all of the
Activity's employees at Fort Story 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,
there is no evidence to demonstrate that the GS fire prevention and
protection employees have not been fairly represented or that their
bargaining concerns have been overlooked by AFGE. /2/ Finally, in
agreement with the Activity and the Intervenor, 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 FFA's petition does not give rise to a question
of representation concerning the petitioned for unit and justify
severance from the existing larger unit which continues to remain
appropriate. Therefore, the petition must be dismissed. /3/
ORDER
IT IS HEREBY ORDERED that the petition in Case No. 4-RO-30036 be, and
it hereby is, dismissed. Issued, Washington, D.C., December 13, 1984
Henry B. Frazier III, Acting
Chairman
Ronald W. Haughton, Member
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
/1/ Subsequent to the filing of the petition, the name of the
exclusive representative of the bargaining unit which included all
appropriated fund employees assigned to the Activity at the duty station
of Fort Story, Virginia, was changed from Local 1341 to Local 1625,
American Federation of Government Employees (AFGE), pursuant to an
internal union reorganization. Accordingly, the name of the exclusive
representative is changed to reflect this reorganization. Contrary to
the contention of the Petitioner, Local 19, Federal Firefighters
Association (FFA), the Authority finds that such a change does not raise
a question concerning representation with respect to the above described
unit.
/2/ Since 1963, AFGE and the Activity have entered into several
collective bargaining agreements, one of which was in effect at the time
of this proceeding. The AFGE has requested renegotiation of the
contract now in effect.
/3/ Library of Congress, 16 FLRA No. 67 (1984); Naval Medical
Command, National Capital Region, 16 FLRA No. 47 (1984); and Department
of the Army, Headquarters Fort Monroe, Virginia, 16 FLRA No. 41 (1984).