Department of the Navy, Navy Regional Data Automation Center, Jacksonville, Florida (Activity/Petitioner) and American Federation of Government Employees, Local 696, AFL-CIO (Labor Organization); Department of the Navy, Regional Accounting and Disbursing Center, Jacksonville, Florida (Activity/Petitioner) and American Federation of Government Employees, Local 696, AFL-CIO (Labor Organization)
[ v04 p107 ]
04:0107(18)CU
The decision of the Authority follows:
4 FLRA No. 18 DEPARTMENT OF THE NAVY NAVY REGIONAL DATA AUTOMATION CENTER, JACKSONVILLE, FLORIDA Activity/Petitioner Case No. 4-CU-18 and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 696 Labor Organization DEPARTMENT OF THE NAVY, REGIONAL ACCOUNTING AND DISBURSING CENTER, JACKSONVILLE, FLORIDA Activity/Petitioner Case No. 4-CU-19 and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 696 Labor Organization DECISION AND ORDER CLARIFYING UNIT UPON PETITIONS /1/ DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY UNDER SECTION 7111(B)(2) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7101-7135), A CONSOLIDATED 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. THE RULINGS ARE HEREBY AFFIRMED. UPON THE ENTIRE RECORD IN THIS CASE, INCLUDING THE BRIEFS OF THE PARTIES, THE AUTHORITY FINDS: THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 696, HEREIN CALLED AFGE, WAS MOST RECENTLY CERTIFIED, ON FEBRUARY 1, 1977, IN A CONSOLIDATED UNIT OF ALL GRADED, APPROPRIATED FUND EMPLOYEES EMPLOYED BY THE NAVAL AIR STATION, FLORIDA, EXCLUDING PROFESSIONAL EMPLOYEES, 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. AT THE TIME OF CERTIFICATION, THERE WERE APPROXIMATELY 600 EMPLOYEES IN THE BARGAINING UNIT. A COLLECTIVE BARGAINING AGREEMENT WAS IN EFFECT BETWEEN THE NAVAL AIR STATION, HEREIN CALLED NAS, AND AFGE FOR THE ABOVE DESCRIBED UNIT FROM DECEMBER 9, 1977, TO DECEMBER 8, 1979. ATTEMPTS WERE BEING MADE TO NEGOTIATE A NEW CONTRACT AT THE TIME OF THE HEARING. PENDING THE OUTCOME OF THE REPRESENTATION ISSUE, THE PARTIES HAVE AGREED TO CONTINUE TO APPLY THE TERMS AND CONDITIONS OF THE NAS AGREEMENT TO THE EMPLOYEES IN ISSUE. CASE NO. 4-CU-18 PRIOR TO THE REORGANIZATION WHICH RESULTED IN THE INSTANT PETITION, INCLUDED IN THE NAS UNIT WAS A DATA PROCESSING DEPARTMENT, WHICH SERVICED ALL OF NAS AS WELL AS ITS SATELLITE STATION AT CECIL FIELD. ON JULY 1, 1978, THE NAVY REGIONAL DATA AUTOMATION CENTER, JACKSONVILLE, FLORIDA, HEREIN CALLED NARDAC OR PETITIONER, WAS CREATED TO PROVIDE REGIONAL DATA PROCESSING SERVICES TO NAVY ACTIVITIES. ALL OF THE APPROXIMATELY 110 EMPLOYEES OF THE NAS DATA PROCESSING DEPARTMENT WERE TRANSFERRED-IN-PLACE TO THE NARDAC. THE PETITIONER CONTENDS THAT NARDAC SHOULD BE EXCLUDED FROM THE NAS BARGAINING UNIT BECAUSE THE ESTABLISHMENT OF NARDAC AS A SEPARATE, INDEPENDENT COMMAND AND THE TRANSFER OF THE DATA PROCESSING PEOPLE TO NARDAC EFFECTIVELY DESTROYED ANY COMMUNITY OF INTEREST WHICH PREVIOUSLY EXISTED BETWEEN THESE EMPLOYEES AND NAS. PETITIONER FURTHER CLAIMS THAT THE CONTINUED INCLUSION IN THE NAS UNIT WOULD NOT PROMOTE EFFECTIVE DEALINGS OR EFFICIENCY OF AGENCY OPERATIONS, AND WOULD HINDER AN EFFECTIVE LABOR-MANAGEMENT RELATIONS PROGRAM. AFGE MAINTAINS THAT, DESPITE THE REORGANIZATION, LABOR-MANAGEMENT RELATIONS HAVE CONTINUED AS BEFORE, WORKING CONDITIONS HAVE REMAINED THE SAME, AND THE PHYSICAL LOCATION OF THE EMPLOYEES HAS NOT CHANGED. THUS, IT BELIEVES THE NAS UNIT SHOULD CONTINUE TO INCLUDE THE NARDAC EMPLOYEES. THE RECORD REFLECTS THAT WITH THE CREATION OF NARDAC, THE ENTIRE DATA PROCESSING FUNCTION WAS ELEVATED IN THE NAVY HIERARCHY IN ORDER TO GIVE THE FUNCTION MORE PRIORITY. THE CENTRAL OFFICE-- NAVAL DATA AUTOMATION CENTER, HEREIN CALLED NAVDAC,-- LOCATED IN WASHINGTON, D.C. REPORTS DIRECTLY TO THE CHIEF OF NAVAL OPERATIONS. NARDAC, JACKSONVILLE IS ONE OF 16 REGIONAL OFFICES CREATED BY THE REORGANIZATION WHICH REPORTS TO NAVDAC. NARDAC NOW, AS A REGIONAL COMMAND, SERVICES A MUCH LARGER AREA, FROM KEY WEST, FLORIDA TO CHARLESTON, SOUTH CAROLINA. AS A RESULT OF THE EXPANDED RESPONSIBILITY, MORE TECHNICAL COMPUTER EQUIPMENT WAS OBTAINED WHICH HAD MANY MORE SOPHISTICATED CAPABILITIES. TO FULLY UTILIZE THE NEW EQUIPMENT, EXTENSIVE TRAINING OF THE EXISTING STAFF HAS BEEN OR IS BEING ACCOMPLISHED. APPROXIMATELY 50% OF THE STAFF HAVE, THROUGH THE TRAINING PROVIDED, INCREASED THEIR TECHNICAL SKILL LEVELS SINCE THEIR TRANSFER TO NARDAC. SEVERAL NEW FUNCTIONS HAVE BEEN ADDED TO NARDAC WHICH DID NOT EXIST WHEN THE DATA PROCESSING DEPARTMENT EXISTED IN NAS: IT FORMED ITS OWN MANAGEMENT SERVICES DEPARTMENT WHICH HANDLES NARDAC'S BUDGET, ACCOUNTING, CONTRACT MONITORING AND PERSONNEL LIAISON; IT NOW PERFORMS DESIGN AND DEVELOPMENT WORK (PROGRAM SYSTEMS) WHEREAS PREVIOUSLY THE DEPARTMENT PERFORMED ONLY PROGRAM MAINTENANCE WORK; ITS TECHNICAL SUPPORT DEPARTMENT HAS BEEN EXPANDED SO THAT IT NOW HAS THE LEAD ASSIGNMENT FOR SOFTWARE DESIGN FOR THE WHOLE NAVDAC COMMUNITY. NAS PROVIDES NARDAC, THROUGH AN EXTENSIVE SUPPORT AGREEMENT, ALL PERSONNEL SERVICES, WITH THE EXCEPTION OF POSITION CLASSIFICATION WHICH IS BEING CENTRALIZED IN THE NAVDAC HEADQUARTERS. THE POSITION DESCRIPTIONS FOR ALL NARDAC EMPLOYEES ARE BEING REWRITTEN TO ENSURE CONSISTENCY THROUGHOUT NAVDAC. ALL HIRING, PROMOTING AND OTHER PERSONNEL AUTHORITY IS RETAINED BY THE NARDAC COMMANDING OFFICER, WITH SERVICING SUPPORT FROM NAS. THE BUDGET IS CONTROLLED BY NARDAC. ANY COSTS INCURRED BY NAS AS A RESULT OF THE SERVICING AGREEMENT, WITH CERTAIN EXCEPTIONS, ARE REIMBURSABLE BY NARDAC. THE NARDAC CONSTITUTES A SINGLE COMPETITIVE LEVEL FOR REDUCTION-IN-FORCE PURPOSES. ALL VACANCY NOTICES ARE NOW POSTED NAS-WIDE HOWEVER, THE NARDAC COMMAND OFFICER BELIEVES SUCH AN AREA OF CONSIDERATION IS TOO LIMITED. THE POSITIONS ARE HIGHLY SPECIALIZED AND THE EMPLOYEES HAVE LITTLE OR NO INTERCHANGE WITH OTHER NAS EMPLOYEES. THEY ARE LOCATED IN A PHYSICALLY SECURE AREA, APART FROM THE REST OF THE WORK FORCE. THEY DO SHARE THE SAME BUILDINGS WITH OTHER NAS EMPLOYEES AND THEY SHARE ALL FACILITIES. NARDAC IS ON A FLEXI-TIME PROGRAM, WHICH WAS ESTABLISHED BY THE COMMANDING OFFICER OF NARDAC WHEREAS NAS IS ON A STRAIGHT EIGHT-HOUR SYSTEM. THE NARDAC EMPLOYEES ARE, FOR THE MOST PART, ENGAGED IN THE SAME KIND OF WORK AS WHEN THEY WERE IN NAS, ALTHOUGH THE WORK HAS BECOME MORE SPECIALIZED. THE HIGHEST GRADE FOR THE DATA PROCESSING PEOPLE IN NAS WAS A GS-13 BUT IN NARDAC THERE ARE POSSIBILITIES TO A GS-15 LEVEL. ADDITIONAL SUPERVISORY LEVELS HAVE ALSO BEEN ADDED AS A RESULT OF THE INCREASED FUNCTIONS OF NARDAC. SINCE BEING TRANSFERRED TO NARDAC THE STAFF HAS INCREASED FROM 110 EMPLOYEES TO 138 EMPLOYEES. UNDER THE CIRCUMSTANCES OUTLINED ABOVE, THE AUTHORITY FINDS THAT THE EMPLOYEES OF NARDAC, AFTER THE REORGANIZATION INVOLVED HEREIN, NO LONGER SHARE A COMMUNITY OF INTEREST WITH THE OTHER NAS EMPLOYEES IN THE EXISTING UNIT REPRESENTED BY AFGE. IN THIS REGARD, NOTED PARTICULARLY IS THE FACT THAT THE NARDAC EMPLOYEES ARE NOW PART OF A NEW EXPANDED ORGANIZATIONAL COMMAND WITH A SEPARATE AND DISTINCT MISSION; THEY ARE UNDER SEPARATE SUPERVISION AND AUTHORITY; THEY HAVE LITTLE OR NO INTERCHANGE WITH OTHER NAS EMPLOYEES; AND ALTHOUGH THE NAS PROVIDES PERSONNEL SUPPORT TO NARDAC THROUGH AN EXTENSIVE SUPPORT AGREEMENT, THE PERSONNEL POLICIES AND PRACTICES AND WORKING CONDITIONS ARE CONTROLLED BY THE COMMAND OFFICER OF NARDAC. BASED ON THE FOREGOING, THE AUTHORITY FINDS THAT THE NARDAC EMPLOYEES CONSTITUTE A FUNCTIONALLY DISTINCT GROUP OF EMPLOYEES WHO SHARE A COMMUNITY OF INTEREST SEPARATE AND DISTINCT FROM THE EMPLOYEES IN THE EXISTING UNIT AND THAT THEIR CONTINUED INCLUSION IN THE EXISTING UNIT WOULD NOT PROMOTE EFFECTIVE DEALINGS OR EFFICIENCY OF AGENCY OPERATIONS. ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT THE CERTIFICATION FOR THE NAS BARGAINING UNIT BE CLARIFIED TO EXCLUDE THE NARDAC EMPLOYEES. CASE NO. 4-CU-19 THE DEPARTMENT OF THE NAVY, AS EARLY AS 1977, BEGAN RESTRUCTURING AND CONSOLIDATING THE FINANCIAL ACCOUNTING FUNCTIONS THROUGHOUT THE COUNTRY IN ORDER TO CENTRALIZE FINANCIAL FUNCTIONS AND RESOURCES FOR MAXIMUM EFFECTIVENESS. JACKSONVILLE, FLORIDA WAS DETERMINED TO BE, ULTIMATELY, ONE OF THE REGIONAL OFFICES. IN LINE WITH THIS DIRECTION, AROUND DECEMBER 1977, THE FINANCIAL ACCOUNTING OFFICE IN NAS WAS RENAMED THE FINANCIAL INFORMATION PROCESSING DEPARTMENT. TO IMPLEMENT THIS AIM AT CONSOLIDATION, FINANCIAL ACCOUNTING FUNCTIONS BEING HANDLED AT INDIVIDUAL ACTIVITIES BEGAN TO BE AND CONTINUE TO BE TRANSFERRED TO THE REGIONAL FINANCIAL INFORMATION PROCESSING DEPARTMENTS (FIPD). PRIOR TO JANUARY 1979, THE NAS FIPD HAD ACQUIRED THE RESPONSIBILITY FOR THE CECIL FIELD ACCOUNTING FUNCTION, THE BOND AND PAYROLL DISTRIBUTION AND ACCOUNTING FUNCTION PREVIOUSLY PERFORMED BY THE NAVY FINANCE OFFICE, AS WELL AS A BILL-PAYING FUNCTION. IN ADDITION, TO SUPPORT THESE NEW RESPONSIBILITIES, MORE SOPHISTICATED COMPUTER EQUIPMENT WAS PROCURED. ON JANUARY 29, 1979, THE REGIONAL ACCOUNTING AND DISBURSING CENTER, HEREIN CALLED RAADC OR PETITIONER, WAS ESTABLISHED AS A SEPARATE COMMAND TO HANDLE ALL OF THE FINANCIAL ACCOUNTING FUNCTIONS FOR ASSIGNED NAVY ACTIVITIES IN FLORIDA. ALL THOSE APPROXIMATELY 68 EMPLOYEES IN THE FIPD OF NAS WERE MASS-TRANSFERRED IN PLACE TO RAADC. IN OCTOBER 1979, RAADC ASSUMED THE ACCOUNTING FUNCTIONS OF KEY WEST. OTHER TRANSFERS OF FUNCTION ARE APPARENTLY PENDING FROM OTHER LOCATIONS BUT HAVE NOT YET BEEN ACCOMPLISHED. THE PETITIONER, AS IN CASE NO. 4-CU-18, CONTENDS THAT RAADC SHOULD BE EXCLUDED FROM THE NAS BARGAINING UNIT BECAUSE THE ESTABLISHMENT OF RAADC AS A SEPARATE, INDEPENDENT COMMAND, AND THE TRANSFER OF THE FIPD TO RAADC, EFFECTIVELY DESTROYED ANY COMMUNITY OF INTEREST WHICH PREVIOUSLY EXISTED BETWEEN THOSE EMPLOYEES AND NAS. FURTHER, IT CLAIMS THAT CONTINUED INCLUSION IN THE NAS UNIT WOULD NOT PROMOTE EFFECTIVE DEALINGS OR EFFICIENCY OF AGENCY OPERATIONS, AND WOULD HINDER AN EFFECTIVE LABOR-MANAGEMENT RELATIONS PROGRAM. AFGE MAINTAINS, AS IN THE PREVIOUS CASE, THAT THE EMPLOYEES OF RAADC SHOULD CONTINUE TO REMAIN A PART OF THE NAS UNIT. THE RECORD ESTABLISHES THAT AS A REGIONAL COMMAND, RAADC IS RESPONSIBLE FOR PROVIDING INTEGRATED DISBURSING AND ACCOUNTING (IDA) SUPPORT FOR ASSIGNED NAVY ACTIVITIES IN FLORIDA AS PART OF THE IDA FINANCIAL INFORMATION PROCESSING SYSTEM; PROVIDING TECHNICAL GUIDANCE TO ACCOUNTING MATTERS; PLANNING, MANAGING AND DIRECTING THE ACCOUNTING PROGRAM IN SUPPORT OF THESE ACTIVITIES; PERFORMING THE PAYMENT CERTIFICATION AND DISBURSING FUNCTIONS UNDER THE IDA PROGRAM; AND COORDINATING AND MONITORING DEVELOPMENT AND DESIGN OF NEW FINANCIAL SYSTEMS APPLICATIONS. THIS REORGANIZATION CONSOLIDATED OVER 200 ACTIVITIES WHICH WERE HANDLING THEIR OWN FINANCIAL ACCOUNTING INTO 16 REGIONAL OFFICES. AS A SEPARATE AND NEW COMMAND, RAADC REPORTS DIRECTLY TO THE COMMANDER IN CHIEF, ATLANTIC FLEET (CINCLANTFLT), LOCATED IN NORFOLK, VIRGINIA WHO IN TURN REPORTS TO THE CHIEF OF NAVAL OPERATIONS. THE PERSONNEL SERVICES FOR RAADC ARE PROVIDED BY NAS, AS THEY ARE FOR NARDAC, BUT THE COMMANDING OFFICER RETAINS THE AUTHORITY FOR ALL PERSONNEL MATTERS (INCLUDING HIRING, PROMOTING, ETC.) AND WORKING CONDITIONS. THE POSITION DESCRIPTIONS FOR RAADC EMPLOYEES ARE BEING OR ARE ABOUT TO BE REWRITTEN TO REFLECT THE CHANGED MISSION AND DUTIES OF THE EMPLOYEES. RAADC CONSTITUTES A SINGLE COMPETITIVE LEVEL FOR REDUCTION-IN-FORCE PURPOSES. THERE IS LITTLE INTERCHANGE BETWEEN THE RAADC EMPLOYEES AND THE REMAINING NAS EMPLOYEES, AND THE RAADC VACANCIES ARE MOSTLY FILLED FROM WITHIN RAADC, OR FROM OTHER COMMANDS, BUT VERY FEW ARE FILLED BY NAS EMPLOYEES. AS A RESULT OF THE REORGANIZATION, ADDITIONAL DEPARTMENTS WERE ADDED TO ACCOMPLISH THE ADDED RESPONSIBILITIES AND STAFF AND ADDITIONAL SUPERVISORY LEVELS WERE ADDED THERETO. THE RAADC EMPLOYEES ARE, FOR THE MOST PART, ENGAGED IN THE SAME KIND OF WORK AS WHEN THEY WERE IN NAS, ALTHOUGH THE WORK HAS BECOME MORE SPECIALIZED. THEY DO CONTINUE TO WORK IN THE SAME LOCATION AND USE THE SAME FACILITIES AS WHEN THEY WERE WITH NAS. SINCE THE REORGANIZATION, LABOR-MANAGEMENT RELATIONS HAVE CONTINUED AS BEFORE. WITHOUT ANY FORMAL AGREEMENTS, HOWEVER, THE COMMANDING OFFICER OF RAADC HAS ASSUMED THE FUNCTIONS OF THE HEAD OF THE UNIT FOR THE RAADC EMPLOYEES-- THOSE FUNCTIONS ASSIGNED BY THE CONTRACT TO THE COMMANDING OFFICER OF NAS. THE UNION HAS HAD MONTHLY MEETINGS WITH THE HEAD OF RAADC AND WERE ABLE TO PROCESS GRIEVANCES UP TO AND INCLUDING ARBITRATION. THROUGHOUT THIS PERIOD, NONE OF THESE ACTIONS WERE CLEARED OR COORDINATED WITH THE NAS COMMANDING OFFICER. BASED ON THE FOREGOING, THE AUTHORITY FINDS THAT FOR THE SAME REASONS NOTED UNDER CASE NO. 4-CU-18 FOR NARDAC, THE RAADC EMPLOYEES CONSTITUTE A FUNCTIONALLY DISTINCT GROUP OF EMPLOYEES WHO SHARE A COMMUNITY OF INTEREST SEPARATE AND DISTINCT FROM THE EMPLOYEES IN THE NAS UNIT AND THEIR CONTINUED INCLUSION IN THE EXISTING UNIT WOULD NOT PROMOTE EFFECTIVE DEALINGS OR EFFICIENCY OF AGENCY OPERATIONS. ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT THE CERTIFICATION FOR THE NAS UNIT BE CLARIFIED TO EXCLUDE THE RAADC EMPLOYEES ORDER IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED, IN WHICH EXCLUSIVE RECOGNITION WAS GRANTED TO THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 696, ON FEBRUARY 1, 1977, AT THE NAVAL AIR STATION, JACKSONVILLE, FLORIDA, BE, AND IT HEREBY IS, CLARIFIED BY EXCLUDING FROM SAID UNIT THE EMPLOYEES IN THE NAVY REGIONAL DATA AUTOMATION CENTER, JACKSONVILLE, FLORIDA, AND THE EMPLOYEES IN THE REGIONAL ACCOUNTING AND DISBURSING CENTER, JACKSONVILLE, FLORIDA. ISSUED, WASHINGTON, D.C., AUGUST 29, 1980 RONALD W. HAUGHTON, CHAIRMAN HENRY B. FRAZIER III, MEMBER LEON B. APPLEWHAITE, MEMBER FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES$ --------------- /1/ THE PETITIONS FILED HEREIN HAVE BEEN CONSIDERED TO APPROPRIATELY CONSTITUTE PETITIONS FOR CLARIFICATION OF UNIT.