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15:0552(116)CU - Personnel Support Activity, Naval Submarine Base New London, Groton, CT and NAGE Local R1-100F; Personnel Support Activity Detachment, New London, Naval Submarine Base New London, Groton, CT and NAGE Local R1-100S; Personnel Support Activity Detachment, New London, Naval Submarine Base New London, Groton, CT and NAGE Local R1-100; Personnel Support Activity, Naval Submarine Base New London, Groton, CT and NAGE Local R100F; Personnel Support Activity Detachment, New London, Naval Submarine Base New London, Groton, CT and NAGE Local R1-1005; Personnel Support Activity Detachment, New London, Naval Submarine Base New London, Groton, CT and NAGE Local R1-100 -- 1984 FLRAdec RP



[ v15 p552 ]
15:0552(116)CU
The decision of the Authority follows:


 15 FLRA No. 116
 
 PERSONNEL SUPPORT ACTIVITY
 NAVAL SUBMARINE BASE NEW LONDON
 GROTON, CONNECTICUT
 Activity/Petitioner
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCAL R1-100F
 Labor Organization/Intervenor
 
                                            Case No. 1-CU-45
 
 PERSONNEL SUPPORT ACTIVITY DETACHMENT
 NEW LONDON, NAVAL SUBMARINE BASE NEW LONDON
 GROTON, CONNECTICUT
 Activity/Petitioner
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCAL R1-100S
 Intervenor
 
                                            Case No. 1-CU-46
 
 PERSONNEL SUPPORT ACTIVITY DETACHMENT
 NEW LONDON, NAVAL SUBMARINE BASE NEW
 LONDON, GROTON, CONNECTICUT
 Activity/Petitioner
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCAL R1-100
 Labor Organization/Intervenor
 
                                            Case No. 1-CU-47
 
 PERSONNEL SUPPORT ACTIVITY
 NAVAL SUBMARINE BASE NEW LONDON
 GROTON, CONNECTICUT
 Activity/Petitioner
 
 
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCAL R100F
 Labor Organization/Intervenor
 
                                            Case No. 1-AC-5
 
 PERSONNEL SUPPORT ACTIVITY DETACHMENT
 NEW LONDON, NAVAL SUBMARINE BASE NEW LONDON
 GROTON, CONNECTICUT
 Activity/Petitioner
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCAL R1-1005
 Labor Organization/Intervenor
 
                                            Case No. 1-AC-6
 
 PERSONNEL SUPPORT ACTIVITY DETACHMENT
 NEW LONDON, NAVAL SUBMARINE BASE NEW
 LONDON, GROTON, CONNECTICUT
 Activity/Petitioner
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCAL R1-100
 Labor Organization/Intervenor
 
                                            Case No. 1-AC-7
 
                    DECISION AND ORDER CLARIFYING UNITS
 
    Upon petitions duly filed under section 7111(b)(2) of the Federal
 Service Labor-Management Relations Statute (the Statute), a hearing in
 this consolidated matter was held before a hearing officer of the
 Authority.  The hearing officer's rulings made at the hearing are free
 from prejudicial error and are hereby affirmed.
 
    Upon careful consideration of the entire record, including the
 contentions of the parties, the Authority finds:  The National
 Association of Government Employees, Local R1-100 (NAGE), was recognized
 in 1965 by the Naval Submarine Base New London, Groton, Connecticut
 (Naval Submarine Base), as the exclusive representative for a unit of
 its nonprofessional employees.  The record also indicates that NAGE
 Local R1-100 at all times material has been the exclusive representative
 for separate units consisting of all nonprofessional employees of the
 Navy Finance Office, Naval Submarine Base New London, Groton,
 Connecticut (Navy Finance Office) and the Naval Submarine School, Naval
 Submarine Base New London, Groton, Connecticut (Naval Submarine School),
 respectively, two tenant activities at the Naval Submarine Base.
 
    In 1979, the Petitioners herein, the Personnel Support Activity,
 Naval Submarine Base New London, Groton, Connecticut (Personnel Support
 Activity) and the Personnel Support Activity Detachment, Naval Submarine
 Base New London, Groton, Connecticut (Personnel Support Activity
 Detachment), were created by a reorganization.  The Petitioners filed
 the above-captioned clarification of unit petitions (CU) and amendment
 of certification petitions (AC) to determine the status of the existing
 bargaining units, the unit placement of certain employees affected by
 the reorganization, and whether any new units were created by the
 reorganization.  /1/
 
    As a result of the reorganization, the tenant Navy Finance Office was
 abolished and all of its employees were organizationally transferred to
 the newly-created Personnel Support Activity.  Additionally,
 approximately 17 employees from the Naval Submarine School and
 approximately 17 employees from the Naval Submarine Base were
 organizationally transferred to create the newly-established Personnel
 Support Activity Detachment.  The Petitioners contend that the Navy
 Finance Office thus was disestablished, that its employees were
 transferred to the newly-established Personnel Support Activity, and
 that the Naval Submarine School and the Naval Submarine Base bargaining
 units remain intact despite their losses of employees to the Personnel
 Support Activity Detachment.  Further, the Petitioners contend that the
 Personnel Support Activity Detachment also is a newly-created, separate
 unit.  Alternatively, the Petitioners contend that the Personnel Support
 Activity and the Personnel Support Activity Detachment constitute one
 newly-established collective bargaining unit.  NAGE contends that no
 changes have been effected by the reorganization, and that the petitions
 therefore should be dismissed.  Alternatively, NAGE contends that a
 successor activity has been created in PSAD.
 
    As noted, as a result of the reorganization all employees of the Navy
 Finance Office and their supervisors were transferred intact to the
 newly created Personnel Support Activity.  They remain in the same
 location under the same supervisors, perform the same duties and retain
 the same responsibilities.  It is concluded that, as a result of the
 reorganization, the only change which occurred was in the name of the
 Activity.  Accordingly, the Authority will grant the petition to amend
 certification in Case No. 1-AC-5 to change the name of the activity from
 Navy Finance Office, Naval Submarine Base New London, Groton,
 Connecticut, to Personnel Support Activity, Naval Submarine Base New
 London, Groton, Connecticut /2/ and the petition in Case No. 1-CU-45
 shall be dismissed.
 
    With regard to the petition filed by the Personnel Support Activity
 Detachment in Case Nos. 1-AC-6 and 1-AC-7, the record establishes that
 employees from two separate activities, the Naval Submarine School, and
 the Naval Submarine Base, who had been members of two separate
 bargaining units for which NAGE is recognized as exclusive
 representative, were transferred to the newly created Personnel Support
 Activity Detachment.  It is clear that the effect of the reorganization
 is that these employees were transferred from two separate bargaining
 units in two different activities into a newly-created activity;  the
 Authority therefore concludes that the petitions to amend certification
 herein are inappropriate, since the Personnel Support Activity
 Detachment is a newly-created entity, and the reorganization resulted in
 more than merely a change in the name of the Activity.  Accordingly, the
 petitions to amend certification in Case Nos. 1-AC-6 and 1-AC-7 shall be
 dismissed.
 
    The Authority concludes, contrary to the alternative position
 advanced by the petitions, that all employees of the Personnel Support
 Activity and the Personnel Support Activity Detachment cannot be
 included in the same unit.  The record fails to establish that the
 employees transferred to the Personnel Support Activity Detachment share
 a community of interest with or are a part of the Personnel Support
 Activity.  Accordingly, based on the record before us, it is concluded
 that the employees in the Personnel Support Activity Detachment have not
 been added or accreted to the unit of exclusive recognition at the
 Personnel Support Activity.  /3/ In so concluding, the Authority shall
 not pass upon whether the employees of the Personnel Support Activity
 Detachment would constitute an appropriate unit for collective
 bargaining purposes.  /4/
 
    Finally, with regard to the petitions filed in Case Nos. 1-CU-46 and
 1-CU-47, noting no contentions to the contrary, the Authority finds that
 the units of exclusive recognition at the Naval Submarine Base, with
 approximately 400 employees remaining in the unit, and the Naval
 Submarine School, with approximately 13 employees remaining in the unit,
 excluding the respective employees transferred to the newly-created
 Personnel Support Activity Detachment, continue to be appropriate.
 Accordingly, the Authority will clarify these units of exclusive
 recognition to exclude those employees transferred, as a result of the
 reorganization, to the Personnel Support Activity Detachment.
 
                                   ORDER
 
    IT IS HEREBY ORDERED in Case No. 1-AC-5, that the bargaining unit of
 all employees of the Navy Finance Office, Naval Submarine Base New
 London, Groton, Connecticut, exclusively represented by National
 Association of Government Employees, Local R1-100, be amended to reflect
 the change in the name of the Activity to the Personnel Support
 Activity, Naval Submarine Base New London, Groton, Connecticut.
 
    IT IS FURTHER ORDERED in Case Nos. 1-CU-46 and 1-CU-47, that the
 units of employees at the Naval Submarine Base New London, Groton,
 Connecticut and the Naval Submarine School New London, Groton,
 Connecticut, be clarified to exclude therefrom the employees transferred
 to the Personnel Support Activity Detachment.
 
    IT IS FURTHER ORDERED that the petitions in Case Nos. 1-CU-45, 1-AC-6
 and 1-AC-7 be, and they hereby are, dismissed.
 
    Issued, Washington, D.C., August 16, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ The petitions in case nos. 1-CU-45 and 1-AC-5 were filed by the
 Personnel Support Activity seeking a unit of approximately 40 former
 Navy Finance Office employees who were transferred to the Personnel
 Support Activity when the Finance Office was abolished.  The petitions
 seek a unit of such employees now at the new Personnel Support Activity
 or in the alternative that group plus those former Navy Finance Office
 employees now at the Personnel Support Activity Detachment.  The AC
 petition would change the name of the Activity from the now
 disestablished Navy Finance Office to whichever new Activity is
 determined to be appropriate.
 
    Similarly, the petitions in case nos. 1-CU-46 and 1-AC-6, filed by
 the Detachment, seek employees of the former Naval Submarine School
 Personnel Office in either a Detachment unit or Detachment and Personnel
 Support Activity unit.  There are approximately 17 unit employees who
 went from the Submarine School Personnel Office to the Personnel Support
 Detachment (which is under the Personnel Support Activity) at the time
 of the reorganization.
 
    Finally, case nos. 1-CU-47 and 1-AC-7 relate to approximately 17
 former employees of the disestablished personnel office at the Naval
 Submarine Base and would accept units of either the Detachment or the
 Detachment and the Personnel Support Activity.
 
 
    /2/ See Headquarters, 1947th Administrative Support Group, U.S. Air
 Force, Washington, D.C., 14 FLRA No. 43 (1983).
 
 
    /3/ See, e.g., U.S. Department of Energy, Oak Ridge Operations
 Office, Oak Ridge, Tennessee, 15 FLRA No. 24 (1984).
 
 
    /4/ It is noted that this finding would not preclude any labor
 organization from seeking, through an appropriate petition, a
 determination as to whether or not a new unit appropriate for the
 purpose of exclusive recognition has been created as a result of the
 establishment of the Personnel Support Activity Detachment.