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08:0649(114)RO
The decision of the Authority follows:
8 FLRA No. 114
NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R12-35
Labor Organization/Petitioner
and
DEPARTMENT OF THE NAVY
NAVAL OCEAN SYSTEMS CENTER
SAN DIEGO, CALIFORNIA
Activity
Case No. 8-RO-40
DECISION AND ORDER ON PETITION FOR CERTIFICATION OF UNIT
UPON A PETITION DULY FILED WITH THE AUTHORITY UNDER SECTION
7111(B)(1) 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.
THE RULINGS ARE HEREBY AFFIRMED.
UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD IN THIS CASE,
INCLUDING THE PARTIES' CONTENTIONS, /1/ AND IN AGREEMENT WITH THE
ACTIVITY, THE AUTHORITY FINDS THAT THE UNIT OF WAGE GRADE EMPLOYEES
WHICH THE NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCAL R12-35
(NAGE) SEEKS TO REPRESENT IS NOT APPROPRIATE FOR EXCLUSIVE RECOGNITION
UNDER SECTION 7112(A)(1) OF THE STATUTE. /2/ THUS, THE RECORD
ESTABLISHES THAT THE APPROXIMATELY 47 WAGE GRADE EMPLOYEES DO NOT HAVE A
CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST SEPARATE AND DISTINCT FROM
THE OTHER APPROXIMATELY 2,000 GENERAL SCHEDULE EMPLOYEES OF THE
ACTIVITY. ALTHOUGH THE WAGE GRADE EMPLOYEES ARE INVOLVED IN MANUAL,
MORE PHYSICALLY DEMANDING TASKS, THEY FOR THE MOST PART WORK SIDE BY
SIDE AND ARE FUNCTIONALLY INTEGRATED WITH THE GENERAL SCHEDULE EMPLOYEES
IN CARRYING OUT THE MISSION OF THE ACTIVITY, HAVE A SIMILARITY OF SKILLS
WITH SOME GENERAL SCHEDULE TECHNICIANS AT THE ACTIVITY, AND PRESENTLY,
/3/ WITH MINOR DEVIATIONS, ARE SUBJECT TO THE SAME PERSONNEL POLICIES
AND PRACTICES AS THE GENERAL SCHEDULE EMPLOYEES. FURTHER, DUE TO THIS
SIMILARITY OF SKILLS, WAGE GRADE EMPLOYEES ARE INCLUDED IN THE AREA OF
CONSIDERATION FOR FILLING GENERAL SCHEDULE JOB VACANCIES AND, IN FACT,
HAVE BEEN PROMOTED INTO GENERAL SCHEDULE JOB CLASSIFICATIONS. HENCE,
THE AUTHORITY FINDS THAT WAGE GRADE EMPLOYEES DO NOT SHARE CONDITIONS OF
EMPLOYMENT SEPARATE AND DISTINCT FROM OTHER ACTIVITY EMPLOYEES AND THUS
DO NOT SHARE A SEPARATE COMMUNITY OF INTEREST.
FURTHER, THE PROPOSED UNIT OF 47 EMPLOYEES WOULD NOT PROMOTE
EFFECTIVE DEALINGS OR EFFICIENCY OF AGENCY OPERATIONS SINCE IT WOULD
RESULT IN UNWARRANTED FRAGMENTATION. NOTED IN THIS REGARD IS THAT, AT
THE PRESENT TIME, PERSONNEL POLICIES AND PRACTICES ARE CENTRALLY
ESTABLISHED AND UNIFORMLY IMPLEMENTED FOR ALL EMPLOYEES.
THEREFORE, BASED UPON THE FOREGOING, THE AUTHORITY FINDS THAT THE
UNIT PETITIONED FOR IS NOT APPROPRIATE FOR EXCLUSIVE RECOGNITION UNDER
SECTION 7112(A)(1) OF THE STATUTE.
ORDER
IT IS HEREBY ORDERED THAT THE PETITION IN CASE NUMBER 8-RO-40 BE, AND
IT HEREBY IS, DISMISSED.
ISSUED, WASHINGTON, D.C., MAY 19, 1982
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES: ---------------
/1/ AS THE BRIEF FILED BY THE NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R12-35 WAS UNTIMELY FILED, IT HAS NOT BEEN CONSIDERED
HEREIN.
/2/ SECTION 7112(A)(1) PROVIDES IN PERTINENT PART THAT THE AUTHORITY
SHALL:
. . . DETERMINE ANY UNIT TO BE AN APPROPRIATE UNIT ONLY IF THE
DETERMINATION WILL INSURE A
CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST AMONG THE EMPLOYEES IN
THE UNIT AND WILL PROMOTE
EFFECTIVE DEALINGS WITH, AND EFFICIENCY OF THE OPERATIONS OF, THE
AGENCY INVOLVED.
/3/ THE AUTHORITY IS AWARE THAT THE ACTIVITY IS PRESENTLY ENGAGED IN
A 5 YEAR PERSONNEL SYSTEM EXPERIMENT WHICH MAY RESULT IN SEPARATE
TREATMENT OF WAGE GRADE EMPLOYEES. HOWEVER, THE DECISION HEREIN MUST
REFLECT THE CONDITIONS OF EMPLOYMENT THAT EXISTED AT THE TIME OF THE
HEARING RATHER THAN WHAT MAY EXIST IN THE FUTURE. SEE, E.G., DEPARTMENT
OF TREASURY, BUREAU OF THE MINT, U.S. MINT, DENVER, 6 FLRA NO. 17(1981),
TO THE EFFECT THAT THE AUTHORITY WILL NOT PASS UPON THE INCLUSION OF
VACANT POSITIONS IN A BARGAINING UNIT.