Norfolk Naval Shipyard, Portsmouth, Virginia and Tidewater Virginia Federal Employees MTC and Laborers International Union of North America, Local 649; Navy and Tidewater Virginia Federal Employees MTC and Laborers International Union of North American, Local 649; Navy and NAGE Local R4-19 and Laborers International Union of North America, Local 649; Navy and Tidewater Virginia Federal Employees MTC and Laborers International Union of North America, Local 649; Navy and AFGE Local 22 and Laborers International Union of North America, Local 649; Naval Weapons Station, Yorktown, Virginia and Laborers International Union of North America, Local 649 and NAGE Local R4-1 and R4-96

 



[ v01 p961 ]
01:0961(109)CU
The decision of the Authority follows:


 1 FLRA No. 109
 
 NORFOLK NAVAL SHIPYARD,
 PORTSMOUTH, VIRGINIA
 Activity
 
 and
 
 TIDEWATER VIRGINIA FEDERAL EMPLOYEES
 METAL TRADES COUNCIL, AFL-CIO
 Labor Organization/Petitioner
 
 and
 
 LABORERS INTERNATIONAL UNION OF NORTH
 AMERICA, LOCAL 649, AFL-CIO
 Labor Organization/incumbent
                                            Assistant Secretary
                                            Case No. 22-08600(CU)
 
 
 U.S. DEPARTMENT OF THE NAVY
 Agency/Petitioner
 
 and
 
 TIDEWATER VIRGINIA FEDERAL EMPLOYEES
 METAL TRADES COUNCIL, AFL-CIO
 Labor Organization/Incumbent
 
 and
 
 LABORERS INTERNATIONAL UNION OF NORTH
 AMERICAN, LOCAL 649, AFL-CIO
 Labor Organization/intervenor
                                            Assistant Secretary
                                            Case No. 22-08912(CU)
 
 
 U.S. DEPARTMENT OF THE NAVY
 Agency/Petitioner
 
 and 
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCAL R4-19
 Labor Organization/Incumbent
 
 and
 
 LABORERS INTERNATIONAL UNION OF NORTH
 AMERICA, LOCAL 649, AFL-CIO
 Labor Organization/Intervenor
                                            Assistant Secretary
                                            Case No. 22-08913(CU)
 
 
 U.S. DEPARTMENT OF THE NAVY
 
 and
 
 TIDEWATER VIRGINIA FEDERAL EMPLOYEES
 METAL TRADES COUNCIL, AFL-CIO
 Labor Organization/Incumbent
 
 and
 
 LABORERS INTERNATIONAL UNION OF NORTH
 AMERICA, LOCAL 649, AFL-CIO
 Labor Organization/Intervenor
                                            Assistant Secretary
                                            Case No. 22-08914(CU)
 
 
 U.S. DEPARTMENT OF THE NAVY
 Agency/Petitioner
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 22, AFL-CIO
 Labor Organization/Incumbent
 
 and
 
 LABORERS INTERNATIONAL UNION OF NORTH
 AMERICA, LOCAL 649, AFL-CIO
 Labor Organizationa/Intervenor
                                            Assistant Secretary
                                            Case No. 22-08915(CU)
 
 
 NAVAL WEAPONS STATION,
 YORKTOWN, VIRGINIA
 Activity
 
 and
 
 LABORERS INTERNATIONAL UNION OF NORTH
 AMERICA, LOCAL 649, AFL-CIO
 Labor Organization/Petitioner
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCAL R4-1 AND R4-96 /1/
 Labor Organization/Intervenor
                                            Assistant Secretary
                                            Case No. 22-09053(AC)
 
                            DECISION AND ORDER
 
    UPON PETITIONS DULY FILED UNDER SECTION 6 OF EXECUTIVE ORDER 11491,
 AS AMENDED, A CONSOLIDATED HEARING WAS HELD BEFORE HEARING OFFICER NANCY
 ANDERSON.  THE HEARING OFFICER'S RULINGS MADE AT THE HEARING ARE FREE
 FROM PREJUDICIAL ERROR AND ARE HEREBY AFFIRMED.
 
    THE FUNCTIONS OF THE ASSISTANT SECRETARY OF LABOR FOR
 LABOR-MANAGEMENT RELATIONS UNDER EXECUTIVE ORDER 11491, AS AMENDED, WERE
 TRANSFERRED TO THE AUTHORITY UNDER SECTION 304 OF REORGANIZATION PLAN
 NO. 2 OF 1978 (43 F.R. 36040), WHICH TRANSFER OF FUNCTIONS IS
 IMPLEMENTED BY SECTION 2400.2 OF THE AUTHORITY'S TRANSITION RULES AND
 REGULATIONS (44 F.R. 7).  THE AUTHORITY CONTINUES TO BE RESPONSIBLE FOR
 THE PERFORMANCE OF THESE FUNCTIONS AS PROVIDED IN SECTION 7135(B) OF THE
 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (92 STAT. 1215).
 
    AT ISSUE IN THESE CASES ARE EMPLOYEES WHO, BEFORE THE REORGANIZATION
 DESCRIBED HEREIN, WERE EMPLOYED IN PORTSMOUTH, VIRGINIA, AT THE ST.
 JULIENS CREEK ANNEX OF THE YORKTOWN NAVAL WEAPONS STATION.  (YORKTOWN,
 VIRGINIA, IS APPROXIMATELY 50 MILES FROM PORTSMOUTH.) AS A RESULT OF THE
 REORGANIZATION, THOSE EMPLOYEES OF THE ANNEX IDENTIFIED WITH THE SMALL
 AMMUNITION FUNCTION WERE MASS TRANSFERRED PHYSICALLY TO THE WEAPONS
 STATION AT YORKTOWN.  THE REMAINING EMPLOYEES, ENGAGED IN BASE SUPPORT
 FUNCTIONS, REMAINED AT PORTSMOUTH AND, WITH THE ANNEX ITSELF,
 ORGANIZATIONALLY BECAME PART OF THE NORFOLK NAVAL SHIPYARD, TWO MILES
 AWAY.
 
    IN ASSISTANT SECRETARY CASE NOS. 22-08600(CU) AND 22-08912(CU), THE
 RESPECTIVE PETITIONERS, THE TIDEWATER VIRGINIA FEDERAL EMPLOYEES METAL
 TRADES COUNCIL, AFL-CIO (METAL TRADES COUNCIL OR MTC), AND THE U.S.
 DEPARTMENT OF THE NAVY (THE NAVY), SEEK BY ESSENTIALLY IDENTICAL
 PETITIONS TO CLARIFY THE PRODUCTION UNIT REPRESENTED EXCLUSIVELY BY THE
 MTC AT THE SHIPYARD IN NORFOLK TO INCLUDE THOSE ELIGIBLE EMPLOYEES OF
 THE ANNEX, WHO WERE TRANSFERRED ORGANIZATIONALLY ALONG WITH THE ANNEX TO
 THE SHIPYARD.  /4/
 
    IN ASSISTANT SECRETARY CASE NOS. 22-08913(CU), 22-08914(CU), AND
 22-08915(CU), THE AGENCY/PETITIONER, THE NAVY, SEEKS TO CLARIFY THE
 STATUS OF THE OTHER THREE UNITS OF SHIPYARD EMPLOYEES REPRESENTED
 EXCLUSIVELY BY THE NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCAL
 R4-19 (NAGE), THE MTC, AND THE AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 22, AFL-CIO (AFGE), TO INCLUDE THOSE EMPLOYEES OF THE
 ANNEX MEETING THEIR RESPECTIVE UNIT DEFINITIONS.  /5/ THE LABORERS
 INTERNATIONAL UNION OF NORTH AMERICAN, LOCAL 649, AFL-CIO (LABORERS
 UNION), INTERVENED WITH RESPECT TO ALL FIVE PETITIONS, ASSERTING THAT
 THE EMPLOYEES OF THE ANNEX, WHICH IT HAS REPRESENTED EXCLUSIVELY SINCE
 1968, TRANSFERRED ESSENTIALLY INTACT TO THE SHIPYARD, AND, THEREFORE,
 THAT ITS UNIT REMAINS APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE
 REPRESENTATION.  /6/ THE UNIONS EXCLUSIVELY REPRESENTING THE EMPLOYEES
 OF THE FOUR SHIPYARD UNITS NOTED ABOVE TOOK THE POSITION AS INCUMBENT
 INTERVENORS, IN AGREEMENT WITH THE POSITION TAKEN BY THE NAVY, THAT THE
 EMPLOYEES OF THE ANNEX ACCRETED TO THEIR RESPECTIVE UNITS.
 
    IN ASSISTANT SECRETARY CASE NO. 22-09053(AC), THE LABORERS UNION
 SOUGHT TO AMEND ITS EXCLUSIVE RECOGNITION TO INCLUDE THOSE FORMER ANNEX
 EMPLOYEES PHYSICALLY TRANSFERRED TO THE WEAPONS STATION AT YORKTOWN.  IN
 CONTENDS, IN THIS REGARD, THAT THE EMPLOYEES IN QUESTION REMAINED A
 FUNCTIONALLY IDENTIFIABLE GROUP AFTER THE TRANSFER, PERFORMING
 ESSENTIALLY THE SAME WORK UNDER THE SAME FIRST-LINE SUPERVISION AS PRIOR
 TO THE TRANSFER.  THE NAVY TOOK THE POSITION THAT THESE FORMER ANNEX
 EMPLOYEES HAVE BEEN FULLY INTEGRATED INTO THE WEAPONS STATION WORKFORCE,
 AND, THEREFORE, HAVE BEEN ACCRETED INTO THE UNITS AT THE WEAPONS STATION
 REPRESENTED EXCLUSIVELY BY THE NAGE.  /7/ THE NAGE, WHICH INTERVENED ON
 BEHALF OF ITS UNITS, TOOK A POSITION IN AGREEMENT WITH THE NAVY.
 
    BACKGROUND
 
    THE LABORERS UNION WAS GRANTED EXCLUSIVE RECOGNITION ON JANUARY 1,
 1968, FOR AN ACTIVITY-WIDE NONPROFESSIONAL UNIT OF EMPLOYEES OF THE
 NAVAL AMMUNITION DEPOT LOCATED AT ST. JULIENS CREEK, PORTSMOUTH,
 VIRGINIA.  ON JANUARY 1, 1970, THE NAVAL AMMUNITION DEPOT BECAME THE ST.
 JULIENS CREEK ANNEX OF THE WEAPONS STATION.  THE ANNEX CONTINUED AFTER
 THE CHANGE TO PERFORM ITS DISTINCTIVE MISSION WHICH INVOLVED THE
 RECEIPT, ISSUE, STORAGE AND MAINTENANCE OF GUN-TYPE AMMUNITION, WHILE
 THE WEAPONS STATION CONTINUED TO PERFORM OTHER WEAPONS AND
 AMMUNITION-RELATED ACTIVITIES.  THE WEAPONS STATION COMMANDING OFFICER
 DELEGATED OPERATIONAL CONTROL TO AN ANNEX OFFICER WHO REPORTED DIRECTLY
 TO HIM, WHICH LEFT THE WEAPONS STATION DEPARTMENT HEADS WHO HAD
 DIVISIONS OR BRANCHES LOCATED AT THE ANNEX WITH LIMITED LINE AUTHORITY
 OVER THOSE ORGANIZATIONAL ELEMENTS OF THEIR DEPARTMENTS.  THE WEAPONS
 STATION RECOGNIZED THE LABORERS UNION AS THE EXCLUSIVE REPRESENTATIVE OF
 THE ANNEX EMPLOYEES AFTER THE 1970 TRANSFER AND NEGOTIATED SEVERAL
 AGREEMENTS WITH THE LABORERS BETWEEN 1970 AND THE PRESENT.  (LINE(S) OF
 SOURCE CUT OFF BY COPY MACHINE)
 
    PERSONNEL POLICIES AND PROCEDURES AS OTHER WEAPONS STATION EMPLOYEES,
 AND WERE IN THE SAME AREA OF CONSIDERATION FOR MERIT PROMOTIONS.
 HOWEVER, THE ANNEX EMPLOYEES WERE PART OF A DIFFERENT COMPETITIVE AREA
 FOR REDUCTIONS-IN-FORCE WHICH ALSO INCLUDED THE SHIPYARD EMPLOYEES,
 BASED ON THEIR CLOSE PROXIMITY TO THE SHIPYARD.  ALSO BECAUSE OF THEIR
 GEOGRAPHIC PROXIMITY, THE ANNEX EMPLOYEES ENJOYED CERTAIN SHIPYARD
 PRIVILEGES SUCH AS MEMBERSHIP IN THE SHIPYARD RECREATION ASSOCIATION AND
 CREDIT UNION.  BECAUSE OF THE 50 MILE DISTANCE FROM THE WEAPONS STATION,
 INTERCHANGE AND TRANSFER OF EMPLOYEES BETWEEN THE WEAPONS STATION AND
 THE ANNEX WAS ALMOST NON-EXISTENT.
 
    BEGINNING WITH A LETTER FROM THE CHIEF OF NAVAL OPERATIONS TO THE
 NAVAL SEA SYSTEMS COMMAND DATED OCTOBER 28, 1976, THE NAVY DECIDED TO
 DISCONTINUE THE GUN-TYPE AMMUNITION FUNCTION AT THE ANNEX AND TRANSFER
 IT TO OTHER NAVAL INSTALLATIONS.  THEREAFTER, EFFECTIVE OCTOBER 1, 1977,
 THE AMMUNITION FUNCTION AT THE ANNEX WAS DISCONTINUED AND THE ANNEX WAS
 TRANSFERRED ORGANIZATIONALLY TO THE SHIPYARD, LOCATED SOME TWO MILES
 AWAY.  AS NOTED ABOVE, ANNEX EMPLOYEES WHO PERFORM AN AMMUNITION-RELATED
 FUNCTION WERE TRANSFERRED TO AND PHYSICALLY RELOCATED AT THE WEAPONS
 STATION, AND THE REMAINING EMPLOYEES AT THE ANNEX, WHO PERFORM A BASE
 SUPPORT FUNCTION, WERE ORGANIZATIONALLY TRANSFERRED FROM THE WEAPONS
 STATION TO THE SHIPYARD WHICH IS RESPONSIBLE FOR ORGANIZATIONAL CONTROL
 OF THE ANNEX AT THE PRESENT TIME.
 
    TRANSFER TO THE NORFOLK NAVAL SHIPYARD.  THE RECORD REFLECTS THAT
 SOME 56 BUDGETED POSITIONS (BILLETS) ENCUMBERED BY 48 EMPLOYEES WERE
 ORGANIZATIONALLY TRANSFERRED TO THE SHIPYARD, AND BECAME PART OF THE
 SHIPYARD'S ORGANIZATIONAL STRUCTURE WITH THE NEW FUNCTION OF SUPPORT FOR
 THE VARIOUS TENANT ACTIVITIES NOW LOCATED AT THE ANNEX.  THUS, THE
 ANNEX'S MISSION HAS BEEN ENCOMPASSED WITHIN THE SHIPYARD'S MISSION WHICH
 INCLUDES, AMONG OTHER THINGS, PROVIDING FACILITIES FOR VARIOUS MILITARY
 TENANT ACTIVITIES.  /8/
 
    AMONG THE 56 BILLETS TRANSFERRED TO THE SHIPYARD WERE 17 BILLETS
 WHICH BECAME PART OF THE SHIPYARD'S ADMINISTRATIVE DEPARTMENT.  THIS WAS
 FURTHER BROKEN DOWN INTO TWO CLERICAL POSITIONS ASSIGNED TO THE ANNEX
 OFFICER, WHO, AFTER THE TRANSFER, REPORTS TO THE SHIPYARD ADMINISTRATIVE
 DEPARTMENT HEAD, AND 15 GUARD BILLETS ASSIGNED TO THE SHIPYARD CHIEF OF
 POLICE.  ACCORDING TO THE ANNEX OFFICER, WHO AFTER THE TRANSFER LOST HIS
 OPERATIONAL RESPONSIBILITIES, THE CLERICALS HAVE BEEN GIVEN
 ADMINISTRATIVE DUTIES SUCH AS THE ISSUANCE OF VISITOR PASSES WHICH THEY
 DID NOT PERFORM PRIOR TO THE TRANSFER.  WITH RESPECT TO THE GUARDS, THE
 RECORD DISCLOSES THAT AFTER THE TRANSFER THEY HAVE BEEN ORGANIZATIONALLY
 INCLUDED IN THE SHIPYARD GUARD SHIFTS WITH THEIR FIRST-LINE SHIFT
 SUPERVISION LOCATED AT THE SHIPYARD.  THEREFORE, WHILE THE ANNEX GUARDS
 PERFORM ESSENTIALLY THE SAME WORK AT THE SAME LOCATION, THE RECORD
 REFLECTS THAT THEY HAVE BEEN INTEGRATED INTO THE SHIPYARD ORGANIZATION
 AT THE LEVEL OF FIRST-LINE SUPERVISION.
 
    THE REMAINING 39 BILLETS INVOLVED IN THE TRANSFER WERE ESSENTIALLY
 MAINTENANCE POSITIONS WHICH, AFTER THE TRANSFER, WERE ASSIGNED TO THE
 SHIPYARD'S PUBLIC WORKS DEPARTMENT.  PRESENTLY THESE EMPLOYEES REPORT
 UPWARD TO THE PUBLIC WORKS DEPARTMENT HEAD THROUGH A CHAIN OF COMMAND
 DIFFERENT FROM OTHER SHIPYARD PUBLIC WORKS EMPLOYEES.  COMPLETE
 ORGANIZATIONAL INTEGRATION OF SUCH EMPLOYEES INTO THE SHIPYARD PUBLIC
 WORKS DEPARTMENT IS UNDER ACTIVE CONSIDERATION.
 
    ALL OF THE EMPLOYEES REMAINING AT THE ANNEX ARE SUBJECT TO THE SAME
 PERSONNEL AND LABOR RELATIONS POLICIES AND PROCEDURES, ADMINISTERED BY
 THE SHIPYARD CIVILIAN PERSONNEL OFFICE, AND THEY HAVE THE SAME BASIC
 WORKING CONDITIONS AND PRIVILEGES AVAILABLE TO THEM AS THE OTHER 8,000
 SHIPYARD EMPLOYEES.  MOREOVER, THESE EMPLOYEES ARE PART OF THE SAME AREA
 OF CONSIDERATION FOR MERIT PROMOTIONS AND THE SAME COMPETITIVE AREA FOR
 REDUCTIONS-IN-FORCE AS OTHER SHIPYARD EMPLOYEES.  ALSO, THE RECORD
 INDICATES MORE INTERCHANGE INVOLVING SHIPYARD AND ANNEX EMPLOYEES THAN
 OCCURRED BETWEEN WEAPONS STATION AND ANNEX EMPLOYEES PRIOR TO THE
 TRANSFER, AND, BASED ON THEIR PROXIMITY, AN INCREASED POTENTIAL FOR
 TRANSFER.  IN ADDITION, SINCE THE TRANSFER THERE HAS BEEN TRAINING AT
 BOTH THE ANNEX AND THE SHIPYARD INVOLVING EMPLOYEES OF BOTH LOCATIONS.
 
    THE FEDERAL LABOR RELATIONS COUNCIL HAS HELD THAT "WHERE A
 REORGANIZATION RESULTS IN AN ISSUE AS TO WHETHER A PREVIOUSLY EXISTING
 UNIT CONTINUES TO BE APPROPRIATE OR WHETHER THE EMPLOYEES IN THE
 PREVIOUSLY EXISTING UNIT HAVE ACCRETED INTO ANOTHER UNIT, APPROPRIATE
 UNIT DETERMINATIONS MUST EQUALLY SATISFY EACH OF THE 10(B) CRITERIA . .
 ." DEPARTMENT OF THE ARMY, FORT MCPHERSON, GEORGIA, A/SLMR 655, FLRC
 76A-82, 5 FLRC 398(1977).  UNDER ALL OF THE CIRCUMSTANCES, THE AUTHORITY
 CONCLUDES THAT THE EMPLOYEES OF THE ANNEX ORGANIZATIONALLY TRANSFERRED
 TO THE SHIPYARD HAVE ACCRETED INTO THE EXISTING UNITS OF THE SHIPYARD.
 THUS, THE RECORD REFLECTS THAT AFTER THE TRANSFER THESE EMPLOYEES SHARE
 A COMMUNITY OF INTEREST WITH OTHER SHIPYARD EMPLOYEES AS THEY SHARE A
 COMMON MISSION, ORGANIZATIONAL STRUCTURE, AND GEOGRAPHIC LOCATION, AND
 THEY ARE SUBJECT TO THE SAME PERSONNEL POLICIES AND PROCEDURES, AREA OF
 CONSIDERATION FOR MERIT PROMOTIONS, AND COMPETITIVE AREA FOR
 REDUCTIONS-IN-FORCE AS ADMINISTERED BY THE SHIPYARD CIVILIAN PERSONNEL
 OFFICE WHICH ALSO IS RESPONSIBLE FOR LABOR RELATIONS SERVICES.  SUCH
 ACCRETIONS ALSO WILL PROMOTE EFFECTIVE DEALINGS AND EFFICIENCY OF AGENCY
 OPERATIONS AS THEY WILL REDUCE FRAGMENTATION.  ACCORDINGLY, AS SUCH
 ACCRETIONS WILL SATISFY EQUALLY THE THREE CRITERIA OF SECTION 10(B), IT
 SHALL BE ORDERED THAT THE FOUR EXISTING EXCLUSIVE UNITS AT THE SHIPYARD,
 WHICH INCLUDE ALL OF THE SHIPYARD'S EMPLOYEES, BE CLARIFIED TO INCLUDE
 THOSE NEW EMPLOYEES OF THE SHIPYARD WHO ARE LOCATED AT THE ST.  JULIENS
 CREEK ANNEX OF THE SHIPYARD.  /9/ (LINE(S) OF SOURCE CUT OFF BY COPY
 MACHINE)
 
    WEAPONS STATION.  BETWEEN OCTOBER 28, 1976, AND OCTOBER 1, 1977, 134
 NOTICES OF MASS TRANSFER WERE ISSUED TO EMPLOYEES OF THE ANNEX TO
 TRANSFER (RELOCATE) TO THE WEAPONS STATION.  OF THIS NUMBER 101 ACCEPTED
 AND 66 ARE STILL EMPLOYED AT THE WEAPONS STATION IN THE SAME GRADE AND
 CLASSIFICATION.  /10/
 
    OF THE 66 EMPLOYEES STILL WORKING AT THE WEAPONS STATION, 54 ARE
 NONSUPERVISORY WAGE GRADE, 4 ARE NONSUPERVISORY GENERAL SCHEDULE, AND 8
 ARE CONSIDERED SUPERVISORY.  ALL OF THESE EMPLOYEES WERE ASSIGNED AFTER
 THEIR RELOCATION TO THE FOUR MAJOR WEAPONS STATION DEPARTMENTS, WITH THE
 MAJORITY ASSIGNED TO THE ORDNANCE DEPARTMENT.  ALL OF THE EMPLOYEES
 INVOLVED, WHILE CONTINUING AFTER THE RELOCATION TO PERFORM WORK IN THE
 SAME GENERAL CLASSIFICATION, ARE ENGAGED IN WORK WHICH IS MORE VARIED IN
 NATURE THAN THAT WHICH THEY WERE ENGAGED IN PRIOR TO THEIR RELOCATION.
 THESE FORMER ANNEX EMPLOYEES WORK IN VARIOUS BRANCHES AND SECTIONS OF
 THEIR RESPECTIVE DEPARTMENTS ALONGSIDE OTHER WEAPONS STATION EMPLOYEES
 AND UNDER COMMON FIRST-LINE SUPERVISION.  WITH THE EXCEPTION OF THE GUN
 AMMUNITION SECTION OF THE ORDNANCE DEPARTMENT, WHICH TOOK OVER SOME OF
 THE GUN AMMUNITION FUNCTIONS PERFORMED AT THE ANNEX, THERE IS NO
 SIGNIFICANT CONCENTRATION OF FORMER ANNEX EMPLOYEES AT THE WEAPONS
 STATION.  MOREOVER, EVEN IN THIS SECTION THE FORMER ANNEX EMPLOYEES WORK
 ALONGSIDE OTHER WEAPONS STATION EMPLOYEES UNDER COMMON SUPERVISION.
 FURTHER, THE DIVISION CHIEF TESTIFIED THAT ALL EMPLOYEES, INCLUDING
 THOSE OF THE GUN AMMUNITION SECTION IN HIS DIVISION, ARE PERIODICALLY
 DETAILED FROM SECTION BASED ON WORK NEEDS.
 
    THE RECORD REFLECTS THAT ALL WEAPONS STATION EMPLOYEES, INCLUDING
 THOSE RELOCATED FROM THE ANNEX, ARE ENGAGED IN THE SAME MISSION AND ARE
 SUBJECT TO THE SAME PERSONNEL AND LABOR RELATIONS POLICIES AND
 PROCEDURES AS ADMINISTERED BY THE WEAPONS STATION CIVILIAN PERSONNEL
 OFFICE.  ALL OF THE EMPLOYEES OF THE WEAPONS STATION INCLUDING THE
 FORMER ANNEX EMPLOYEES ARE PART OF THE SAME AREA OF CONSIDERATION FOR
 MERIT PROMOTIONS, AND, AFTER THE RELOCATION, THE FORMER ANNEX EMPLOYEES
 ARE PART OF THE SAME COMPETITIVE AREA FOR REDUCTIONS-IN-FORCE AS OTHER
 WEAPONS STATION EMPLOYEES.  FINALLY, ALL EMPLOYEES OF THE WEAPONS
 STATION, INCLUDING THOSE RELOCATED FROM THE ANNEX, ARE FUNCTIONALLY
 INTEGRATED AND SHARE THE SAME HOURS OF WORK, GEOGRAPHIC LOCATION, AND
 OTHER CONDITIONS OF EMPLOYMENT.
 
    UNDER ALL OF THESE CIRCUMSTANCES, THE AUTHORITY CONCLUDES THAT THESE
 FORMER EMPLOYEES OF THE ANNEX WHO HAVE BEEN TRANSFERRED AND PHYSICALLY
 RELOCATED TO THE WEAPONS STATION, ALSO HAVE ACCRETED TO THE EXISTING
 WEAPONS STATION EXCLUSIVE UNITS.  THUS, AFTER THE TRANSFER THE EMPLOYEES
 IN QUESTION WORK IN AN ENTIRELY NEW LOCATION SOME 50 MILES FROM THEIR
 PREVIOUS LOCATION AND HAVE BEEN FULLY INTEGRATED INTO THE WEAPONS
 STATION'S ORGANIZATION IN SUCH A MANNER THAT THEY NO LONGER ARE
 IDENTIFIABLE AS A FUNCTIONAL GROUPING AND HAVE, THEREBY, LOST THEIR
 SEPARATE AND DISTINCT COMMUNITY OF INTEREST AND NOW SHARE A COMMUNITY OF
 INTEREST WITH OTHER WEAPONS STATION EMPLOYEES.  SUCH ACCRETIONS THUS
 WILL PROMOTE EFFECTIVE DEALINGS AND EFFICIENCY OF AGENCY OPERATIONS, AND
 REDUCE FRAGMENTATION.  ACCORDINGLY, THE EXISTING WEAPONS STATION UNITS
 SHALL BE CLARIFIED TO INCLUDE THE FORMER ANNEX EMPLOYEES.  SUCH A
 FINDING REQUIRES THE DISMISSAL OF THE LABORERS UNION'S PETITION IN
 ASSISTANT SECRETARY CASE NO. 22-09053(AC) AS THAT PETITION SEEKS TO
 AMEND THE LABORERS UNION'S PREVIOUS RECOGNITION TO INCLUDE THOSE FORMER
 ANNEX EMPLOYEES TRANSFERRED TO THE WEAPONS STATION WHO HAVE BEEN FOUND
 TO HAVE ACCRETED TO THE EXCLUSIVE UNITS EXISTING AT THE WEAPONS STATION.
  THEREFORE, AS THE LABORERS UNION'S PREVIOUSLY RECOGNIZED UNIT CEASED TO
 EXIST FOLLOWING THE REORGANIZATION, ITS PETITION IN CASE NO.
 22-09053(AC) SHALL BE DISMISSED.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE UNIT AT THE NORFOLK NAVAL SHIPYARD
 SOUGHT TO BE CLARIFIED HEREIN, FOR WHICH THE TIDEWATER VIRGINIA METAL
 TRADES COUNCIL, AFL-CIO, WAS CERTIFIED ON AUGUST 24, 1972, BE, AND IT
 HEREBY IS, CLARIFIED BY INCLUDING IN SAID UNIT ALL ELIGIBLE EMPLOYEES OF
 THE ST. JULIENS CREEK ANNEX OF THE NORFOLK NAVAL SHIPYARD, PORTSMOUTH,
 VIRGINIA.
 
    IT IS FURTHER ORDERED THAT THE UNIT AT THE NORFOLK NAVAL SHIPYARD
 SOUGHT TO BE CLARIFIED HEREIN, FOR WHICH THE NATIONAL ASSOCIATION OF
 GOVERNMENT EMPLOYEES, LOCAL R4-19, WAS RECOGNIZED APRIL 30, 1964, BE,
 AND IT HEREBY IS, CLARIFIED BY INCLUDING IN SAID UNIT ALL ELIGIBLE
 EMPLOYEES OF THE ST. JULIENS CREEK ANNEX OF THE NORFOLK NAVAL SHIPYARD,
 PORTSMOUTH, VIRGINIA.
 
    IT IS FURTHER ORDERED THAT THE UNIT AT THE NORFOLK NAVAL SHIPYARD
 SOUGHT TO BE CLARIFIED HEREIN, FOR WHICH THE TIDEWATER VIRGINIA FEDERAL
 EMPLOYEES METAL TRADES COUNCIL, AFL-CIO, WAS CERTIFIED ON JUNE 17, 1971,
 BE, AND IT HEREBY IS, CLARIFIED BY INCLUDING IN SAID UNIT ALL ELIGIBLE
 EMPLOYEES OF THE ST. JULIENS CREEK ANNEX OF THE NORFOLK NAVAL SHIPYARD,
 PORTSMOUTH, VIRGINIA.
 
    IT IS FURTHER ORDERED THAT THE UNIT AT THE NORFOLK NAVAL SHIPYARD
 SOUGHT TO BE CLARIFIED HEREIN, FOR WHICH THE AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, LOCAL 22, AFL-CIO, WAS RECOGNIZED ON OCTOBER 3,
 1963, BE, AND IT HEREBY IS, CLARIFIED BY INCLUDING IN SAID UNIT ALL
 ELIGIBLE EMPLOYEES OF THE ST. JULIENS CREEK ANNEX OF THE NORFOLK NAVAL
 SHIPYARD, PORTSMOUTH, VIRGINIA.
 
    IT IS FURTHER ORDERED THAT THE UNIT AT THE YORKTOWN NAVAL WEAPONS
 STATION SOUGHT T BE CLARIFIED HEREIN, FOR WHICH THE NATIONAL ASSOCIATION
 OF GOVERNMENT EMPLOYEES, LOCAL R4-96, WAS CERTIFIED ON AUGUST 25, 1971,
 BE, AND IT HEREBY IS, CLARIFIED BY INCLUDING IN SAID UNIT ALL ELIGIBLE
 EMPLOYEES RELOCATED FROM THE ST. JULIENS CREEK ANNEX OF THE NORFOLK
 NAVAL SHIPYARD, PORTSMOUTH, VIRGINIA.
 
    IT IS FURTHER ORDERED THAT THE UNIT AT THE YORKTOWN NAVAL WEAPONS
 STATION SOUGHT TO BE CLARIFIED HEREIN, FOR WHICH THE NATIONAL
 ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCAL R4-1 WAS CERTIFIED ON
 NOVEMBER 30, 1976, BE, AND IT HEREBY IS, CERTIFIED BY INCLUDING IN SAID
 UNIT ALL ELIGIBLE EMPLOYEES RELOCATED FROM THE ST. JULIENS CREEK ANNEX
 OF THE NORFOLK NAVAL SHIPYARD, PORTSMOUTH, VIRGINIA.
 
    ISSUED, WASHINGTON, D.C., SEPTEMBER 20, 1979
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                  FEDERAL LABOR RELATIONS AUTHORITY /11/
 
    /1/ THE NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES AMENDED ITS
 INTERVENTION IN CASE NO. 22-09053(AC) AT THE HEARING BY INCLUDING LOCAL
 R4-96, WHICH HOLDS EXCLUSIVE RECOGNITION FOR MOST GENERAL SCHEDULE
 EMPLOYEES OF THE YORKTOWN NAVAL WEAPONS STATION.
 
    /2/ THE U.S. DEPARTMENT OF THE NAVY FILED AN UNTIMELY BRIEF WHICH HAS
 NOT BEEN CONSIDERED.
 
    /3/ IN CONFORMITY WITH SECTION 902(B) OF THE CIVIL SERVICE REFORM ACT
 OF 1979 (92 STAT. 1224), THE PRESENT CASE IS DECIDED SOLELY ON THE BASIS
 OF E.O. 11491, AS AMENDED, AND AS IF THE NEW FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE (92 STAT. 1191) HAD NOT BEEN ENACTED.
  THE DECISION AND ORDER DOES NOT PREJUDGE IN ANY MANNER EITHER THE
 MEANING OR APPLICATION OF RELATED PROVISIONS IN THE NEW STATUTE OR THE
 RESULT WHICH WOULD BE REACHED BY THE AUTHORITY IF THE CASE HAD ARISEN
 UNDER THE STATUTE RATHER THAN THE EXECUTIVE ORDER.
 
    /4/ THE MTC IS CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE IN A UNIT
 DEFINED AS FOLLOWS:
 
    ALL UNGRADED EMPLOYEES OF THE NORFOLK NAVAL SHIPYARD INCLUDING
 LEADERS;  ALL PHYSICAL
 
    SCIENCE TECHNICIANS IN THE RADIOLOGICAL MONITORING DIVISION,
 RADIOLOGICAL CONTROL OFFICE;  ALL
 
    GRADED EMPLOYEES IN THE INVENTORY DIVISION OF THE SUPPLY DEPARTMENT
 AND IN THE FIRE DIVISION
 
    OF THE ADMINISTRATIVE DEPARTMENT, EXCLUDING ALL INSPECTORS, SHIP
 PROGRESSMEN, SHIP SCHEDULERS,
 
    SHIP SURVEYORS, PLANNERS AND ESTIMATORS, PATTERNMAKERS, PRODUCTION
 SHIP PLANNERS
 
    (PATTERNMAKERS), APPRENTICE PATTERNMAKERS, ALL EMPLOYEES WHO OPERATE,
 REPAIR AND/OR MAINTAIN
 
    CRYPTOGRAPHIC EQUIPMENT, PROFESSIONAL EMPLOYEES, EMPLOYEES ENGAGED IN
 FEDERAL PERSONNEL WORK
 
    IN OTHER THAN A PURELY CLERICAL CAPACITY, TEMPORARY EMPLOYEES WITH
 NONRECURRING APPOINTMENTS
 
    FOR LESS THAN NINETY (90) DAYS, GUARDS AND WATCHMEN, MANAGEMENT
 OFFICIALS, AND ALL SUPERVISORS
 
    AS DEFINED IN THE ORDER.
 
    AS NOTED ABOVE, THE PETITIONS OF THE NAVY AND THE MTC SEEK IDENTICAL
 OUTCOMES, EXCEPT THAT THE MTC WOULD INCLUDE THE LANGUAGE "AND ALL
 UNGUARDED EMPLOYEES AT ST.  JULIENS CREEK," AT THE END OF THE LISTING OF
 INCLUSIONS WHILE THE NAVY CONSIDERED THE EXISTING UNIT DEFINITION
 ADEQUATE TO INCLUDE THE ANNEX EMPLOYEES.
 
    /5/ THE UNIT DEFINITIONS AND PROPOSED CLARIFICATIONS INVOLVING THE
 OTHER THREE UNITS OF SHIPYARD EMPLOYEES REPRESENTED EXCLUSIVELY BY THE
 NAGE, THE MTC, AND THE AFGE ARE AS FOLLOWS:
 
    NAGE UNIT DEFINITION-- ALL CIVILIAN SECURITY GUARDS OF THE NORFOLK
 NAVAL SHIPYARD
 
    ADMINISTRATIVE DEPARTMENT, SECURITY DIVISION, POLICE PROTECTION
 BRANCH, EXCEPT SUPERVISORS, AS
 
    DEFINED IN EXECUTIVE ORDER 11491, AS AMENDED, SECTION 2(C), AND
 SPECIFICALLY THE SECURITY
 
    GUARD CHIEF, THE CAPTAINS AND SERGEANTS.
 
    PROPOSED CLARIFICATION-- ALL CIVILIAN SECURITY GUARDS OF THE NORFOLK
 NAVAL SHIPYARD AND
 
    ST. JULIENS CREEK ANNEX, EXCLUDING SUPERVISORS, INCLUDING THOSE IN
 THE RATING OF SECURITY
 
    GUARD CHIEF, THE CAPTAINS AND SERGEANTS, MANAGEMENT OFFICIALS,
 PROFESSIONAL EMPLOYEES,
 
    EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY
 CLERICAL CAPACITY, AND
 
    EMPLOYEES OTHER THAN CIVILIAN SECURITY GUARDS.
 
    MTC UNIT DEFINITION-- ALL EMPLOYEES OF THE NORFOLK NAVAL SHIPYARD,
 PORTSMOUTH, VIRGINIA, IN
 
    THE FOLLOWING RATINGS:  PLANNER AND ESTIMATOR, SHIPYARD PROGRESSMAN
 AND SHIP SCHEDULER,
 
    EXCLUDING MANAGEMENT OFFICIALS AND SUPERVISORS, EMPLOYEES ENGAGED IN
 FEDERAL PERSONNEL WORK,
 
    IN OTHER THAN A PURELY CLERICAL CAPACITY, PROFESSIONAL EMPLOYEES AND
 GUARDS.
 
    PROPOSED CLARIFICATION-- ALL EMPLOYEES OF THE NORFOLK NAVAL SHIPYARD
 IN THE FOLLOWING
 
    RATINGS:  PLANNER AND ESTIMATOR (ALL OPTIONS), ASSISTANT PLANNER AND
 ESTIMATOR (ALL OPTIONS),
 
    SHIP SCHEDULER (ALL OPTIONS), SHIP PROGRESSMAN (ALL OPTIONS),
 EXCLUDING MANAGEMENT OFFICIALS,
 
    EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY
 CLERICAL CAPACITY, AND
 
    SUPERVISORS AS DEFINED IN EXECUTIVE ORDER 11491, AS AMENDED.
 
    AFGE UNIT DEFINITION-- ALL CLERICAL, OFFICE AND ADMINISTRATIVE
 EMPLOYEES OF THE NORFOLK
 
    NAVAL SHIPYARD, EXCLUDING PROFESSIONAL EMPLOYEES, GRADED TECHNICIANS,
 DRAFTSMEN, STUDENT
 
    TRAINEES, EQUIPMENT SPECIALISTS (ALLOWANCE AND MATERIAL), PRODUCTION
 CONTROLLER SPECIALISTS
 
    (1152 SERIES), TECHNOLOGISTS;  ILLUSTRATOR (TECHNICAL EQUIPMENT), THE
 NONSUPERVISORY GRADED
 
    EMPLOYEES IN THE INVENTORY DIVISION OF THE SUPPLY DEPARTMENT;
 FIREFIGHTERS AND
 
    GUARDS;  EMPLOYEES WHOSE DUTIES REQUIRE A CRYPTOGRAPHIC
 AUTHORIZATION, MANAGERIAL EMPLOYEES,
 
    ANY EMPLOYEE ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY
 CLERICAL CAPACITY,
 
    SUPERVISORS, AND ANY PROFESSIONAL EMPLOYEES NOT ALREADY EXCEPTED.
 
    PROPOSED CLARIFICATION-- ALL GRADED NONSUEPRVISORY ADMINISTRATIVE AND
 CLERICAL EMPLOYEES OF
 
    THE NORFOLK NAVAL SHIPYARD, PORTSMOUTH, VIRGINIA AND THE ST.  JULIENS
 CREEK ANNEX EXCLUDING
 
    PROFESSIONAL EMPLOYEES, GRADED TECHNICIANS, DRAFTSMEN, STUDENT
 TRAINEES, EQUIPMENT SPECIALISTS
 
    (ALLOWANCE AND MATERIAL), PRODUCTION TRAINEES, PRODUCTION CONTROLLER
 SPECIALISTS (1152
 
    SERIES), TECHNOLOGISTS, ILLUSTRATOR (TECHNICAL EQUIPMENT), GRADED
 EMPLOYEES OF THE INVENTORY
 
    DIVISION OF THE SUPPLY DEPARTMENT, FIREFIGHTERS AND GUARDS, EMPLOYEES
 WHOSE DUTIES REQUIRE
 
    CRYPTOGRAPHIC AUTHORIZATION, MANAGERIAL OFFICIALS, EMPLOYEES ENGAGED
 IN FEDERAL PERSONNEL WORK
 
    IN OTHER THAN A PURELY CLERICAL CAPACITY, SUPERVISORS AND ANY
 PROFESSIONAL EMPLOYEES NOT
 
    ALREADY EXCEPTED.  THE TERM "TECHNICIAN," DOES NOT APPLY TO GRADED
 POSITIONS WHERE THE PRIMARY
 
    FUNCTION IS SUPPORT OF ADMINISTRATIVE AREAS SUCH AS MANAGEMENT
 TECHNICIAN, BUDGET TECHNICIAN,
 
    MANAGEMENT ANALYST, BUDGET ANALYST, ETC.  THE TERM "STUDENT TRAINEE"
 AS USED ABOVE DOES NOT
 
    APPLY TO GRADED POSITIONS WHERE THE PRIMARY FUNCTION IS IN A PURELY
 DERIVED CAPACITY OR IN
 
    SUPPORT OF ADMINISTRATIVE TECHNICIANS.
 
    /6/ THE LABORERS UNION WAS GRANTED EXCLUSIVE RECOGNITION ON JANUARY
 1, 1968, FOR A UNIT PRESENTLY DEFINED AS FOLLOWS:
 
    ALL GRADED AND UNGRADED EMPLOYEES OF ST. JULIENS CREEK ANNEX, NAVAL
 WEAPONS STATION
 
    (YORKTOWN), PORTSMOUTH, VIRGINIA, EXCLUDING MANAGEMENT OFFICIALS,
 SUPERVISORS, EMPLOYEES
 
    ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL
 CAPACITY, AND PROFESSIONAL
 
    EMPLOYEES.
 
    /7/ THE NAGE IS THE EXCLUSIVE REPRESENTATIVE OF TWO UNITS WHICH
 INCLUDE ALL OF THE WEAPONS STATION EMPLOYEES DEFINED AS FOLLOWS:
 
    LOCAL R4-96 ALL GENERAL SCHEDULE EMPLOYEES, INCLUDING
 
    PROFESSIONALS, EMPLOYED BY THE NAVAL WEAPONS STATION, YORKTOWN,
 VIRGINIA, EXCLUDING WAGE GRADE
 
    EMPLOYEES, FIREFIGHTERS, FIRE PROTECTION INSPECTORS, MANAGERS,
 SUPERVISORS, GUARDS, EMPLOYEES
 
    ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL
 CAPACITY, AND ALL
 
    PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES ASSIGNED TO ST.  JULIENS
 CREEK ANNEX.
 
    LOCAL R4-1 ALL NONSUPERVISORY, WAGE GRADE EMPLOYEES,
 
    FIREFIGHTERS (INCLUDING FIRE CAPTAINS), FIRE PROTECTION INSPECTORS
 AND GUARDS LOCATED AT
 
    YORKTOWN, VIRGINIA, EMPLOYED BY THE NAVAL WEAPONS STATION, YORKTOWN,
 VIRGINIA, EXCLUDING
 
    SUPERVISORS, MANAGEMENT OFFICIALS, PROFESSIONALS, EMPLOYEES ENGAGED
 IN FEDERAL PERSONNEL WORK
 
    IN OTHER THAN A PURELY CLERICAL CAPACITY, GENERAL SCHEDULE EMPLOYEES
 AND WAGE GRADE EMPLOYEES
 
    LOCATED AT ST. JULIENS CREEK ANNEX EMPLOYED BY THE STATION, AND ALL
 OTHER GENERAL SCHEDULE
 
    EMPLOYEES OF THE STATION NOT SPECIFICALLY DESIGNATED AS BEING
 INCLUDED IN THE UNIT.
 
    /8/ SOME 13 TENANT ACTIVITIES PRESENTLY OCCUPY THE SPACE FORMERLY
 USED FOR AMMUNITION-RELATED ACTIVITIES AT THE ANNEX.
 
    /9/ THE PETITION IN CASE NO. 22-08600(CU) FILED BY THE MTC, WHILE
 ESSENTIALLY IDENTICAL TO THAT OF THE NAVY'S IN CASE ON. 22-08912(CU),
 WOULD USE THE LANGUAGE UNDER THE "INCLUDED" PORTION OF ITS PROPOSED
 CLARIFICATION, "INCLUDING . . . ST. JULIENS CREEK ANNEX EMPLOYEES." THE
 AUTHORITY CONCLUDES THAT SUCH SPECIFIC LANGUAGE IS UNNECESSARY AS THE
 ANNEX EMPLOYEES ARE EMPLOYEES O