[ v01 p1004 ]
01:1004(113)CU
The decision of the Authority follows:
1 FLRA No. 113
DEPARTMENT OF THE AIR FORCE,
SACRAMENTO AIR LOGISTICS CENTER,
MCCLELLAN AIR FORCE BASE, CALIFORNIA
Activity
and
INTERNATIONAL FEDERATION OF
PROFESSIONAL AND TECHNICAL
ENGINEERS, LOCAL 220, AFL-CIO
Labor Organization
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1857, AFL-CIO
Labor Organization
Assistant Secretary
Case No. 70-6220 (CU)
DECISION AND ORDER CLARIFYING UNIT
UPON A PETITION DULY FILED UNDER SECTION 6 OF EXECUTIVE ORDER 11491,
AS AMENDED, A HEARING WAS HELD BEFORE HEARING OFFICER PATRICIA BARAN.
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 RULES AND REGULATIONS
(44 F.R. 44741, JULY 30, 1979). 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).
UPON THE ENTIRE RECORD IN THE SUBJECT CASE, THE AUTHORITY FINDS:
1. THE LABOR ORGANIZATIONS INVOLVED CLAIM TO REPRESENT CERTAIN
EMPLOYEES OF THE ACTIVITY. /1/
2. THE PETITIONER, THE DEPARTMENT OF THE AIR FORCE, SACRAMENTO AIR
LOGISTICS CENTER, MCCLELLAN AIR FORCE BASE (ACTIVITY), SEEKS
CLARIFICATION OF A BARGAINING UNIT CURRENTLY REPRESENTED EXCLUSIVELY BY
THE INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS,
LOCAL 220, AFL-CIO (IFPTE) AS A RESULT OF A 1978 REORGANIZATION IN WHICH
THE QUALITY BRANCHES OF FIVE DIVISIONS OF THE ACTIVITY'S DIRECTORATE OF
MAINTENANCE WERE CONSOLIDATED INTO A NEW QUALITY ASSURANCE DIVISION.
THE ACTIVITY CONTENDS THAT THE 17 QUALITY ASSURANCE SPECIALISTS
REPRESENTED BY THE IFPTE AND AFFECTED BY THIS REORGANIZATION NO LONGER
SHARE A COMMUNITY OF INTEREST WITH OTHER EMPLOYEES OF THE IFPTE UNIT,
/2/ AND THAT A CONTINUATION OF THE EXISTING REPRESENTATIONAL STRUCTURE
WOULD NOT PROMOTE EFFECTIVE DEALINGS OR EFFICIENCY OF AGENCY OPERATIONS.
IN ESSENCE, THE ACTIVITY CONTENDS THAT THESE EMPLOYEES HAVE ACCRETED
INTO THE AFGE UNIT. THE IFPTE OPPOSES THE INCLUSION OF ITS 17 QUALITY
ASSURANCE SPECIALISTS IN ANY UNIT OTHER THAN ITS EXISTING UNIT. IN THIS
REGARD, THE IFPTE ASSERTS THAT THE REORGANIZATION HEREIN IS PRIMARILY
NOTHING MORE THAN A RESTRUCTURING OF THE ACTIVITY'S SUPERVISORY
HIERARCHY WITH NO CHANGES AFFECTING UNIT PERSONNEL. THE AFGE SUPPORTS
THE ACTIVITY POSITION REGARDING THE ACCRETION OF SOME 17 QUALITY
ASSURANCE SPECIALISTS INTO ITS UNIT. HOWEVER, CONTRARY TO THE ACTIVITY,
THE AFGE ALSO CONTENDS THAT THE REORGANIZATION RAISES A QUESTION
CONCERNING THE CONTINUED APPROPRIATENESS OF THE REMAINDER OF THE IFPTE
UNIT, EVEN THOUGH SUCH REMAINDER WAS NOT AFFECTED BY THE REORGANIZATION.
/3/
THE MISSION OF THE SACRAMENTO AIR LOGISTICS CENTER, WHICH EMPLOYS
12,000 CIVILIAN EMPLOYEES, IS THE MANAGEMENT OF WEAPONS AND DEFENSE
SYSTEMS OF THE U.S. AIR FORCE WORLD-WIDE. THE ACTIVITY IS ORGANIZED
INTO TWO MAJOR DIVISIONS. THE FIRST CONSISTS OF THE COMMANDER AND HIS
STAFF, AND THE SECOND CONSISTS OF INDEPENDENT OFFICES, DIRECTORATES AND
COMMANDS WHICH REPORT DIRECTLY TO THE COMMANDER AND HIS STAFF. EACH
DIRECTORATE IS FURTHER ORGANIZED INTO OFFICES AND DIVISIONS, WITH
DIVISIONS DIVIDED INTO BRANCHES, WHICH ARE THEN DIVIDED INTO SECTIONS.
WHILE THE ACTIVITY IS HIGHLY SPECIALIZED AND COMPARTMENTALIZED FROM A
FUNCTIONAL AND ORGANIZATIONAL STANDPOINT, MUCH OF THE PERSONNEL POLICY,
METHODS AND PROCEDURES, ADMINISTERED BY A CENTRAL PERSONNEL OFFICE, ARE
COMMON ACTIVITY-WIDE. THE CENTRAL PERSONNEL OFFICE ALSO EXERCISES
ACTIVITY LABOR RELATIONS AUTHORITY.
THE REORGANIZATION WHICH PRECIPITATED THE PETITION HEREIN OCCURRED IN
LATE 1977 AND EARLY 1978 WITHIN THE DIRECTORATE OF MAINTENANCE, ONE OF
FIVE DIRECTORATES WITHIN THE ACTIVITY. PRIOR TO THE REORGANIZATION, THE
DIRECTORATE CONSISTED OF SEVEN DIVISIONS, FIVE OF WHICH CONTAINED
QUALITY BRANCHES. /4/ DURING THE REORGANIZATION THESE QUALITY BRANCHES
WERE REMOVED FROM THEIR RESPECTIVE DIVISIONS AND CONSOLIDATED INTO A NEW
EIGHTH DIVISION, THE QUALITY ASSURANCE DIVISION. THE PETITION HEREIN
CONCERNS THE SCOPE OF BARGAINING UNITS FOR CERTAIN EMPLOYEES WITHIN THE
FLIGHT INSTRUMENTS AND PNEUDRAULICS COMPONENTS DIVISION WHO WERE
TRANSFERRED TO THE NEW QUALITY ASSURANCE DIVISION AS A RESULT OF THE
REORGANIZATION.
IN 1967 IFPTE LOCAL 220, WAS RECOGNIZED BY THE ACTIVITY AS THE
EXCLUSIVE REPRESENTATIVE FOR A UNIT OF EMPLOYEES WITHIN THE FLIGHT
INSTRUMENTS AND PNEUDRAULICS COMPONENTS DIVISION. THE IFPTE UNIT
CONTAINED EMPLOYEES FROM TWO BRANCHES OF THE DIVISION, THE PRODUCTION
BRANCH AND THE QUALITY BRANCH. THE PART OF THE IFPTE UNIT IN THE
PRODUCTION BRANCH CONSISTED OF WG EMPLOYEES FROM THREE SECTIONS: THE
GENERAL INSTRUMENT AND FLIGHT COMPUTER SECTION, THE FLIGHT INDICATOR
SECTION, AND THE GENERAL FLIGHT INSTRUMENTS SECTION. /5/ THE REMAINDER
OF THE IFPTE UNIT CONSISTED OF SOME 17 NONPROFESSIONAL GS QUALITY
ASSURANCE SPECIALISTS IN THE FLIGHT CONTROL QUALITY SECTION OF THE
QUALITY BRANCH /6/ WHOSE FUNCTION WAS TO INSPECT THE WORK PERFORMED BY
THE IFPTE PRODUCTION BRANCH EMPLOYEES. AT THE TIME OF THE FILING OF THE
PETITION HEREIN, A NEGOTIATED AGREEMENT WAS IN EFFECT BETWEEN THE IFPTE
AND THE ACTIVITY COVERING THIS UNIT.
IN 1970, THE AFGE LOCAL 1857, WAS CERTIFIED AS THE EXCLUSIVE
REPRESENTATIVE OF ALL REMAINING ACTIVITY UNORGANIZED WG AND GS
EMPLOYEES. THIS UNIT CONTAINED IN EXCESS OF 10,000 EMPLOYEES. THUS,
PRIOR TO THE REORGANIZATION, THE AFGE REPRESENTED ALL ACTIVITY
NONPROFESSIONAL QUALITY ASSURANCE PERSONNEL WITH THE EXCEPTION OF THOSE
BELONGING TO THE FLIGHT CONTROL QUALITY SECTION REPRESENTED BY THE
IFPTE. IN ADDITION THE AFGE REPRESENTED THE EMPLOYEES IN THE TWO
SECTIONS OF THE PRODUCTION BRANCH NOT PART OF THE IFPTE UNIT.
THUS, THE 1978 REORGANIZATION OF THE DIRECTORATE OF MAINTENANCE
RESULTED IN A PORTION OF THE IFPTE BARGAINING UNIT AND THE AFGE
BARGAINING UNIT CONTAINING DIRECTORATE QUALITY ASSURANCE SPECIALISTS
BEING ADMINISTRATIVELY TRANSFERRED TO THE NEW QUALITY ASSURANCE
DIVISION. /7/ THIS DIVISION NOW CONTAINS FIVE BRANCHES, ONE FOR EACH
TRANSFERRED QUALITY BRANCH. EACH OF THESE BRANCHES APPEARS TO HAVE
SUBSTANTIALLY THE SAME SECTIONAL SUB-DIVISIONS OF THE PREVIOUS QUALITY
BRANCHES.
FOR EXAMPLE, THE FORMER FLIGHT CONTROL QUALITY SECTION, QUALITY
BRANCH, FLIGHT INSTRUMENTS AND PNEUDRAULICS COMPONENTS DIVISION IS NOW
THE FLIGHT INSTRUMENT QUALITY ASSURANCE SECTION OF THE FLIGHT
INSTRUMENT/PNEUDRAULICS QUALITY BRANCH OF THE QUALITY ASSURANCE
DIVISION. /8/
UNDER ALL THE CIRCUMSTANCES, THE AUTHORITY FINDS THAT THE QUALITY
ASSURANCE SPECIALISTS FORMERLY BELONGING TO THE IFPTE BARGAINING UNIT,
AND NOW ASSIGNED TO THE QUALITY ASSURANCE DIVISION OF THE DIRECTORATE OF
MAINTENANCE, NO LONGER SHARE A COMMUNITY OF INTEREST WITH OTHER
EMPLOYEES OF THE IFPTE UNIT AND HAVE ACCRETED INTO, AND BECOME AN
INTEGRAL PART OF, THE BARGAINING UNIT REPRESENTED EXCLUSIVELY BY THE
AFGE.
THE FEDERAL LABOR RELATIONS COUNCIL HAS HELD PREVIOUSLY THAT ANY
FINDING OF ACCRETION TO AN EXISTING UNIT AS A RESULT OF A REORGANIZATION
MUST BE BASED UPON AN EQUAL APPLICATION OF THE THREE SECTION 10(B)
CRITERIA, AS WELL AS SATISFYING THE PURPOSES AND POLICIES OF THE ORDER
OF PREVENTING FURTHER FRAGMENTATION OF BARGAINING UNITS AND REDUCING
EXISTING FRAGMENTATIONS, THEREBY PROMOTING A MORE COMPREHENSIVE
BARGAINING UNIT STRUCTURE. THE COUNCIL FURTHER HELD THAT IN THE FEDERAL
SECTOR, A FINDING OF ACCRETION IS NOT DEPENDENT UPON THOROUGH PHYSICAL
INTEGRATION OF THE EMPLOYEES AT ISSUE INTO THE EXISTING UNIT. /9/
UPON CONSIDERATION OF THE ABOVE STATED POLICIES AND NOTWITHSTANDING
THE FACT THAT CERTAIN ASPECTS OF THEIR JOB CONTENT HAVE REMAINED THE
SAME, IT IS THE AUTHORITY'S VIEW, THAT THE 17 QUALITY ASSURANCE
SPECIALISTS PREVIOUSLY REPRESENTED BY THE IFPTE HAVE BEEN
ADMINISTRATIVELY AND FUNCTIONALLY INTEGRATED INTO THE AFGE'S EXISTING
UNIT OF RECOGNITION AND NOW SHARE A CLEAR AND IDENTIFIABLE COMMUNITY OF
INTEREST WITH THE AFGE'S BARGAINING UNIT EMPLOYEES. IN THIS REGARD, THE
RECORD REVEALS THAT THE ADMINISTRATIVE REORGANIZATION HAS RESULTED IN
THESE EMPLOYEES NOW WORKING WITH APPROXIMATELY 272 OTHER QUALITY
ASSURANCE SPECIALISTS REPRESENTED BY AFGE WITHIN A NEW DIVISIONAL
STRUCTURE WITH NEW LAYERS OF SUPERVISION. THIS NEW STRUCTURE FORMULATES
ITS OWN POLICY REGARDING OVERTIME, TEMPORARY DUTY ASSIGNMENTS, TRAINING
OPPORTUNITIES, LEAVE, ETC. FURTHERMORE, IT APPEARS THAT THE
CONSOLIDATION WILL INCREASE THE POSSIBILITY OF TRANSFER AND TEMPORARY
DUTY ASSIGNMENTS WITHIN THE VARIOUS BRANCHES OF THE NEW DIVISION. THE
AUTHORITY FURTHER FINDS THAT THE INCLUSION OF THESE QUALITY ASSURANCE
SPECIALISTS INTO THE AFGE UNIT WILL PROMOTE EFFECTIVE DEALINGS AND
EFFICIENCY OF AGENCY OPERATIONS, IN THAT MATTERS SUCH AS CAREER
PROGRESSION, PROMOTION PROCEDURES, AND TRAINING WILL BE UNIFORM FOR
SIMILARILY SITUATED EMPLOYEES IN THE QUALITY ASSURANCE DIVISION, SINCE
SUCH PERSONNEL WILL NOW BE COVERED BY ONE NEGOTIATED AGREEMENT RATHER
THAN TWO SEPARATE AGREEMENTS. ACCORDINGLY, THE AUTHORITY WILL ORDER
THAT THE UNIT REPRESENTED BY THE NATIONAL OFFICE OF THE AFGE BE
CLARIFIED TO INCLUDE THE 17 QUALITY ASSURANCE SPECIALISTS FORMERLY
ASSIGNED TO THE FLIGHT CONTROL QUALITY SECTION OF THE FLIGHT INSTRUMENTS
AND PNEUDRAULICS COMPONENTS DIVISION, NOW ASSIGNED TO THE QUALITY
ASSURANCE DIVISION OF THE ACTIVITY'S DIRECTORATE OF MAINTENANCE, AND
THAT THE UNIT REPRESENTED BY IFPTE, LOCAL 220, BE CLARIFIED TO EXCLUDE
SUCH EMPLOYEES. /10/
ORDER
IT IS HEREBY ORDERED THAT THE UNIT OF EXCLUSIVE RECOGNITION GRANTED
TO THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1857, WHICH
WAS CONSOLIDATED INTO A NATION-WIDE UNIT OF NONSUPERVISORY,
NONPROFESSIONAL EMPLOYEES OF CERTAIN ENUMERATED AIR FORCE LOGISTICS
COMMAND FACILITIES EXCLUSIVELY REPRESENTED BY THE NATIONAL OFFICE OF THE
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO BE, AND IT HEREBY
IS, CLARIFIED TO INCLUDE ALL ELIGIBLE NONPROFESSIONAL QUALITY ASSURANCE
SPECIALISTS WITHIN THE QUALITY ASSURANCE DIVISION, DIRECTORATE OF
MAINTENANCE, SACRAMENTO AIR LOGISTICS CENTER, MCCLELLAN AIR FORCE BASE.
IT IS ALSO ORDERED THAT THE UNIT OF EXCLUSIVE RECOGNITION GRANTED TO
THE INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS,
LOCAL 220, AFL-CIO BE, AND IT HEREBY IS, CLARIFIED TO EXCLUDE ALL
ELIGIBLE NONPROFESSIONAL QUALITY ASSURANCE SPECIALISTS WITHIN THE
QUALITY ASSURANCE DIVISION, DIRECTORATE OF MAINTENANCE, SACRAMENTO AIR
LOGISTICS CENTER, MCCLELLAN AIR FORCE BASE.
ISSUED, WASHINGTON, D.C., SEPTEMBER 20, 1979
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY /11/
/1/ THE EXCLUSIVE REPRESENTATIVE OF THE AFGE BARGAINING UNIT
EMPLOYEES HEREIN IS NOW THE NATIONAL OFFICE OF THE AFGE, AND NOT AFGE
LOCAL 1857, AFGE LOCAL 1857 HAD REPRESENTED A RESIDUAL UNIT OF WAGE
GRACE (WG) AND GENERAL SCHEDULE (GS) EMPLOYEES AT THE ACTIVITY PRIOR TO
THE JANUARY 1978 NATIONWIDE CONSOLIDATION OF AFGE AIR FORCE LOGISTICS
COMMAND FACILITIES. THE STATUS OF AFGE LOCAL 1857 AS THE AGENT FOR THE
NATIONAL OFFICE OF THE AFGE WAS NOT CHALLENGED AT THE HEARING.
/2/ THE PRESENT DESCRIPTION OF THE IFPTE UNIT IS AS FOLLOWS:
INCLUDED: ALL ELIGIBLE EMPLOYEES IN THE FLIGHT COMPUTER SECTION,
FLIGHT INDICATOR SECTION,
GENERAL FLIGHT INSTRUMENTS SECTION AND FLIGHT CONTROL QUALITY SECTION
OF THE FLIGHT
INSTRUMENTS, HYDRAULICS AND ELECTRICAL COMPONENTS DIVISION IN THE
DIRECTORATE OF
MAINTENANCE. EXCLUDED: MANAGEMENT OFFICIALS, SUPERVISORS,
PROFESSIONAL EMPLOYEES, EMPLOYEES
WITH TEMPORARY APPOINTMENT NTE 1 YEAR AND EMPLOYEES ENGAGED IN
CIVILIAN PERSONNEL WORK OTHER
THAN IN A PURELY CLERICAL CAPACITY.
/3/ AS THE PETITION HEREIN RAISED NO QUESTION CONCERNING THE
CONTINUING APPROPRIATENESS OF THE REMAINDER OF THE IFPTE UNIT, THE
AUTHORITY MAKES NO FINDINGS IN THIS REGARD.
/4/ THESE DIVISIONS WERE: INDUSTRIAL SYSTEMS ENGINEERING DIVISION,
AIR CRAFT DIVISION, INDUSTRIAL PRODUCTS AND ELECTRIC COMPONENTS
DIVISION, COMMUNICATIONS ELECTRONICS-METEOROLOGICAL DIVISION, FLIGHT
INSTRUMENTS AND PNEUDRAULICS COMPONENTS DIVISION, WHICH CONTAIN QUALITY
BRANCHES AND RESOURCES MANAGEMENT AND PLAN MANAGEMENT DIVISIONS, WHICH
DO NOT.
/5/ THESE SECTIONS WERE UNAFFECTED BY THE REORGANIZATION.
/6/ THE PNEUDRAULIC QUALITY SECTION OF THE QUALITY BRANCH IS PART OF
THE AFGE'S UNIT. THE TOTAL IFPTE UNIT CONTAINS APPROXIMATELY 540
EMPLOYEES.
/7/ OF THE 289 GS 1910 SERIES QUALITY ASSURANCE SPECIALISTS EMPLOYED
BY THE ACTIVITY 272 ARE MEMBERS OF THE AFGE UNIT WITH 17 BELONGING TO
THE IFPTE UNIT.
/8/ THE IFPTE ARGUES, AND THE ACTIVITY AND AFGE APPEARS TO CONCEDE
THE FACT, THAT ASPECTS OF THE JOB CONTENT OF THE 17 AFFECTED IFPTE
QUALITY ASSURANCE SPECIALISTS WERE UNCHANGED. THUS, THESE EMPLOYEES
STILL PERFORMED THEIR SAME PRIMARY FUNCTION, IN THE SAME SEPARATE WORK
LOCATION, UNDER THE SAME IMMEDIATE FOREMAN AND CONTINUED TO BE SUBJECT
TO ACTIVITY-WIDE PERSONNEL POLICIES AND PRACTICES ADMINISTERED BY THE
CENTRAL PERSONNEL OFFICE.
/9/ SEE DEPARTMENT OF THE ARMY, FT. MCPHERSON, GEORGIA, FLRA NO.
67A-82, 5 FLRC 398 (JUNE 2, 1977).
/10/ IN CONFORMITY WITH SECTION 902(B) OF THE CIVIL SERVICE REFORM
ACT OF 1978 (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.
/11/ MEMBER LEON B. APPLEWHAITE DID NOT PARTICIPATE IN THE PRESENT
CASE, WHICH HAD BEEN PROCESSED PRIOR TO HIS CONFIRMATION BY THE UNITED
STATES SENATE AS A MEMBER OF THE AUTHORITY.