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15:0858(162)RA - Duluth International Airport, 4787th Air Base Group, Duluth, MN and AFGE Local 502; Duluth International Airport, 4787th Air Base Group, Duluth, MN and AFGE Local 1997 -- 1984 FLRAdec RP



[ v15 p858 ]
15:0858(162)RA
The decision of the Authority follows:


 15 FLRA No. 162
 
 DULUTH INTERNATIONAL AIRPORT
 4787th AIR BASE GROUP
 DULUTH, MINNESOTA
 Activity/Petitioner /1/
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 502, AFL-CIO
 Labor Organization
 
                                            Case No. 5-RA-30001
 
 and
 
 DULUTH INTERNATIONAL AIRPORT
 4787th AIR BASE GROUP
 DULUTH, MINNESOTA
 Activity /1/
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 1997, AFL-CIO
 Petitioner
 
                                            Case No. 5-AC-30003
 
                            DECISION AND ORDER
 
    Upon petitions duly filed with the Federal Labor Relations Authority
 under section 7111(b)(2) 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 the entire record in this case, the Authority finds:  Since
 1967, American Federation of Government Employees, Local 502, AFL-CIO,
 (AFGE Local 502) has been the exclusive representative of a unit
 consisting of all appropriated fund eligible Air Force employees in the
 commuting areas of Burdette, Duluth and Finland, Minnesota who are
 serviced by the Civilian Personnel Office, 4787th Air Base Group, Duluth
 International Airport, Duluth, Minnesota.  /2/ On October 10, 1981, the
 Air Force announced its decision to phase out the active Air Force
 support units at Duluth International Airport.  By the end of September
 1982, the Airport was effectively terminated as an active Air Force
 facility.  During this period the unit went from 350 appropriated fund
 employees who were represented by AFGE Local 502 to a caretaker force of
 some 30 employees.  These employees were converted from career status to
 term appointments of from 1 to 4 years.
 
    The final collective bargaining agreement between the Activity and
 AFGE Local 502 terminated on October 1, 1981.  On June 25, 1982, AFGE
 Local 502's Secretary-Treasurer sent a letter to the Activity stating
 that AFGE Local 502 would "officially disband" on June 30, 1982, but
 that some of the caretaker employees at the Airport wanted to keep their
 benefits as members of the American Federation of Government Employees
 and that their dues remissions should henceforth be submitted to
 American Federation of Government Employees, Local 1997, AFL-CIO (AFGE
 Local 1997), which represents employees at the Minneapolis Air Force
 Base.  The letter made no statement about the continued representation
 of the Activity's employees.  There is no record evidence regarding the
 representation of the caretaker employees at any time between the June
 25, 1982 letter from AFGE Local 502 and the filing of the AC petition by
 AFGE Local 1997 on March 16, 1983.  The AC petition was accompanied by a
 letter from the National Vice President of AFGE to a Field Agent in
 Region V of the Federal Labor Relations Authority which states that AFGE
 Local 502 has "officially been merged" with AFGE Local 1997 and that
 AFGE "retains recognition" for the caretaker force of the Activity.
 
    In Case No. 5-RA-30001, the Activity/Petitioner contends that it has
 a good faith doubt as to the continued majority status of AFGE Local 502
 based on the letter the Activity received from the exclusive
 representative in late June 1982 to the effect that it was officially
 disbanding, and the lack of any active representation of the Activity's
 employees since that time.  Alternatively, the Activity/Petitioner
 alleges a good faith doubt as to the continuing appropriateness of the
 unit subsequent to the reorganization and the closing of the Activity as
 an active Air Force facility.  AFGE Local 1997, by its petition in Case
 No. 5-AC-30003, contends that AFGE Local 502 merged with AFGE Local 1997
 and it seeks to amend the certification of representation to reflect the
 fact that AFGE Local 1997 is the exclusive representative of the
 Activity's employees.  In support of its AC petition, AFGE Local 1997
 contends that it has continued to represent the interests of the
 Activity's caretaker employees and that the unit for which AFGE Local
 502 was certified remains viable for the purpose of exclusive
 representation despite its diminished size.
 
    Section 2422.2(b)(1) of the Authority's Rules and Regulations
 provides, in pertinent part, that an activity or agency petition seeking
 clarification of a matter relating to representation shall, among other
 things, contain "a statement that the activity or agency has a good
 faith doubt, based on objective considerations, that the currently
 recognized or certified labor organization represents a majority of the
 employees in the existing unit." /3/ Based on the facts set forth above,
 the Authority concludes that the Activity/Petitioner has established a
 reasonable basis for its good faith doubt that AFGE Local 502, or a
 successor, represents a majority of the employees in the existing unit.
 Thus, AFGE Local 502, by its letter of June 25, 1982 to the Activity,
 indicated that it would no longer function after June 30, 1982.  While
 the Union's letter sought to have the Activity transfer dues checkoff to
 another AFGE local, the letter did not state that AFGE Local 502 was
 being merged with AFGE Local 1997 or that the Activity should otherwise
 treat AFGE Local 1997 as the successor to AFGE Local 502 and the
 exclusive representative of its employees.  Further, there is no record
 evidence that AFGE Local 1997 sought to act as the representative of the
 Activity's caretaker employees at any time between AFGE Local 502's
 disclaimer and the filing of the Activity/Petitioner's RA petition in
 February, 1983.  Accordingly, the Authority concludes that the employees
 of the Activity/Petitioner have not had an exclusive representative
 since June 30, 1982, and that since that date the Activity/Petitioner
 has had no statutory bargaining obligation to the former exclusive
 representative.  The Authority therefore concludes that there is no
 basis for amending the exclusive recognition for the
 Activity/Petitioner's employees as sought by AFGE Local 1997 in its AC
 petition in Case No. 5-AC-30003.
 
                                   ORDER
 
    IT IS ORDERED that the petition in Case No. 5-RA-30001 challenging
 the continued representation of a unit of all Air Force employees of the
 4787th Air Base Group, Duluth International Airport, Duluth, Minnesota,
 for which the American Federation of Government Employees, Local 502,
 AFL-CIO, has been the recognized exclusive representative be, and it
 hereby is, granted since the Activity/Petitioner's bargaining obligation
 no longer exists.
 
    IT IS FURTHER ORDERED that the petition in Case No. 5-AC-30003
 seeking to change the name of the exclusive representative of the
 employees of the 4787th Air Base Group, Duluth International Airport,
 Duluth, Minnesota, from American Federation of Government Employees,
 Local 502, AFL-CIO to American Federation of Government Employees, Local
 1997, AFL-CIO, be and it hereby is, denied.
 
    Issued, Washington, D.C., August 30, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ The name of the Activity appears as amended at the hearing.
 
 
    /2/ AFGE Local 502 had previously represented various Air Force
 elements which were included in the 1967 grant of exclusive recognition.
  By 1982, the Air Force no longer maintained facilities at Burdette or
 Finland, Minnesota.
 
 
    /3/ Section 2422.2(b)(1) of the Rules and Regulations states in full:
 
          (b) Activity or agency petition seeking clarification of a
       matter relating to representation;  employee petition for an
       election to determine whether a labor organization should cease to
       be an exclusive representative.  (1) A petition by an activity or
       agency shall be submitted on a form prescribed by the Authority
       and shall contain the information set forth in paragraph (a) of
       this section, except paragraphs (a)(6) and (9) of this section,
       and a statement that the activity or agency has a good faith
       doubt, based on objective considerations, that the currently
       recognized or certified labor organization represents a majority
       of the employees in the existing unit, or a statement that because
       of a substantial change in the character and scope of the unit,
       the agency or activity has a good faith doubt that such unit is
       now appropriate.  Attached to the petition shall be a detailed
       explanation of the reasons supporting the good faith doubt.