14:0153(29)RO - Fish and Wildlife Service Finance Center, Denver, CO and NFFE Local 2053 and AFGE -- 1984 FLRAdec RP
[ v14 p153 ]
14:0153(29)RO
The decision of the Authority follows:
14 FLRA No. 29 U.S. FISH AND WILDLIFE SERVICE FINANCE CENTER, DENVER, COLORADO Activity and NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 2053 Petitioner and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO Intervenor Case No. 7-RO-30003 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed with the Federal Labor Relations 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 hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in this case, including the parties' contentions, the Authority finds: The Petitioner, National Federation of Federal Employees, Local 2053 (NFFE), seeks to represent all professional and non-professional employees of the Activity, the U.S. Fish and Wildlife Service Finance Center, Denver, Colorado (the Finance Center), excluding all management officials, supervisors, and employees described in section 7112(b)(2), (3), (4), (6) and (7) of the Statute. The Activity contends that the petitioned-for unit is not appropriate under the criteria set forth in section 7112(a)(1) of the Statute /1/ because the employees involved do not share a community of interest separate and distinct from other employees of the U.S. Fish and Wildlife Service, and that the petitioned-for unit, standing alone, would result in a fragmentation of units and would not promote effective dealings or efficiency of agency operations. The Activity asserts that, at a minimum, an appropriate unit would consist of some 200 employees of the Office of the Assistant Director of Administration, Washington, D.C., which includes the Denver Finance Center, and that the "preferred" appropriate unit should encompass the U.S. Fish and Wildlife Service's national headquarters office consisting of some 1,100 to 1,200 employees. NFFE and the Intervenor, American Federation of Government Employees, AFL-CIO (AFGE), take the position that only the petitioned-for unit is appropriate in that its employees have a separate and distinct community of interest from the U.S. Fish and Wildlife Service employees in Washington. The Petitioner indicates that it is not interested in an election for any alternative units. There are no bars to an election in the instant case nor any previous collective bargaining history for the employees sought. The Finance Center located in Denver, Colorado, is one of six divisions in the U.S. Fish and Wildlife Service's Office of the Assistant Director for Administration, all of which report to the Assistant Director. The other five divisions, all located in Washington, D.C., are the Division of Contracting and General Services, Division of Finance, Office of Information Resources Management, Division of Personnel, and Office of Safety and Security. The Finance Center is responsible for implementing financial policies and procedures, processing all financial documents and transactions, and preparing and maintaining official accounting records and reports to managers throughout the U.S. Fish and Wildlife Service, as required by the Program and Financial Management Information System (PFMIS). It operates and maintains the automated systems required to support the finance operations and the PFMIS, including systems analysis and design support necessary to maintain the automatic data processing systems, identification and implementation of needed changes to the financial processing and accounting subsystems, and incorporation of approved changes to the PFMIS. It is also responsible for updating the Service's Management Systems Handbook, a comprehensive technical guide to all aspects of the Service's PFMIS. The Finance Center's mission is separate and distinct from other U.S. Fish and Wildlife Service components in that it is a centralized financial and informational organization for the entire Service with agency level responsibility. The record establishes that the Denver Finance Office shares no duties or functions in common with four of the five divisions within the Office of the Assistant Director in Washington. As to the fifth, i.e., the Division of Finance, while there are some similarities there also are significant differences. Prior to May 1982, the Denver Finance Center was one of two branches in the Service's Division of Finance which was located in Washington. Thereafter, the Finance Center which was elevated to the level of a division reporting directly to the Assistant Director of Administration. Now, while the Denver Finance Center's mission involves the implementing of internal financial policies and procedures and the processing of financial documents within the U.S. Fish and Wildlife Service, the Division of Finance located in Washington, D.C. has a different mission in that it is responsible for interpreting external policy issues as they apply to the U.S. Fish and Wildlife Service and developing policies in the financial areas of accounting, fund control, travel, cash management, debt collection, cost recoverable activities, and imprest fund administration. In view of the foregoing, the Authority concludes that the employees sought share common mission and job categories even to a limited extent with only one of the five other divisions of the Office of the Assistant Director for Administration, and share no common duties or mission with the others. By contrast, the Finance Center in Denver is geographically separated from all of the other Service components (located in Washington, D.C.); has a separate and distinct mission; its employees are within a separate competitive area for reduction-in-force; and its employees do not transfer or interchange with other Service components in Washington. Moreover, although the Finance Center is covered by overall Agency personnel policies, it receives most personnel services from the Region 6 personnel office of the U.S. Fish and Wildlife Service, located in Denver. Additionally, while Finance Center employees have some of the same job classifications as employees in other components of the Service and are generally covered by the same area of consideration for promotions, they do not share common immediate or secondary supervision. Under these circumstances, the Authority concludes that the employees in the petitioned-for unit share a clear and identifiable community of interest separate and distinct from other employees of the Activity, and that the petitioned-for unit will promote effective dealings and efficiency of agency operations. Thus, the unit sought encompasses all employees within a separate and distinct centralized financial and informational organization which has agency-level nationwide responsibility. Accordingly, the Authority finds the following unit to be appropriate for the purpose of exclusive recognition within the meaning of the Statute: All professional and non-professional employees of the U.S. Fish and Wildlife Service Finance Center, Denver Colorado, excluding all management officials, supervisors, and employees described in section 7112(b)(2), (3), (4), (6) and (7) of the Federal Service Labor-Management Relations Statute. It is noted that this unit includes professional employees. As prescribed by section 7112(b)(5) of the Statute, the Authority is prohibited from including professional employees in a unit with non-professional employees unless a majority of the professional employees vote for inclusion in such a unit. Accordingly, the desire of the professional employees as to inclusion in a unit with non-professional employees must be ascertained by a self-determination election. The Authority, therefore, directs separate elections in the following groups: Voting Group (a): All professional employees of the U.S. Fish and Wildlife Service Finance Center, Denver, Colorado, excluding non-professional employees, all management officials, supervisors, and employees described in section 7112(b)(2), (3), (4), (6) and (7) of the Federal Service Labor-Management Relations Statute. Voting Group (b): All non-professional employees of the U.S. Fish and Wildlife Service Finance Center, Denver, Colorado, excluding professional employees, all management officials, supervisors, and employees described in section 7112(b)(2), (3), (4), (6) and (7) of the Federal Service Labor-Management Relations Statute. The employees in the non-professional Voting Group (b) will be polled as to whether they desire to be represented by the National Federation of Federal Employees, Local 2053; by the American Federation of Government Employees, AFL-CIO; or by neither. The employees in the professional Voting Group (a) will be asked two questions on their ballots: (1) whether they wish to be included with the non-professional employees for the purpose of exclusive recognition, and (2) whether they wish to be represented for the purpose of exclusive recognition by the National Federation of Federal Employees, Local 2053; by the American Federation of Government Employees, AFL-CIO; or by neither. In the event that a majority of the valid votes in Voting Group (a) is cast in favor of inclusion in the same unit with the non-professional employees, the ballots of Voting Group (a) shall be combined with those of Voting Group (b). Unless a majority of the valid votes of Voting Group (a) is cast for inclusion in the unit with non-professional employees, they will be taken to have indicated their desire to constitute a separate unit, and an appropriate certification will be issued indicating whether these employees desire to be represented for the purpose of exclusive recognition by the National Federation of Federal Employees, Local 2053; by the American Federation of Government Employees, AFL-CIO; or by neither. Thus, the unit determination in this case is based in part upon the result of the election among the professional employees. However, the Authority makes the following findings with regard to the appropriate unit: 1. If a majority of the professional employees vote for inclusion in the unit with non-professional employees, the following employees constitute a unit appropriate for the purpose of exclusive recognition within the meaning of section 7112 of the Statute: All professional and non-professional employees of the U.S. Fish and Wildlife Service Finance Center, Denver, Colorado, excluding all management officials, supervisors, and employees described in section 7112(b)(2), (3), (4), (6) and (7) of the Federal Service Labor-Management Relations Statute. 2. If a majority of the professional employees do not vote for inclusion in a unit with non-professional employees, the following two groups of employees constitute separate units appropriate for the purpose of exclusive recognition within the meaning of section 7112 of the Statute: (a) All professional employees of the U.S. Fish and Wildlife Service Finance Center, Denver, Colorado, excluding non-professional employees, all management officials, supervisors, and employees described in section 7112(b)(2), (3), (4), (6) and (7) of the Federal Service Labor-Management Relations Statute. (b) All non-professional employees of the U.S. Fish and Wildlife Service Finance Center, Denver, Colorado, excluding professional employees, all management officials, supervisors, and employees described in section 7112(b)(2), (3), (4), (6) and (7) of the Federal Service Labor-Management Relations Statute. DIRECTION OF ELECTION Elections by secret ballot shall be conducted among employees in the voting groups described above as soon as feasible. The appropriate Regional Director shall supervise or conduct the elections, as appropriate, subject to the Authority's Rules and Regulations. Eligible to vote are those in the voting groups who were employed during the payroll period immediately preceding the date below, including employees who did not work during that period because they were out ill, on vacation or on furlough, including those in the military service who appear in person at the polls. Ineligible to vote are employees who have quit or were discharged for cause since the designated payroll period and who have not been rehired or reinstated before the election date. Those eligible shall vote on whether they desire to be represented for the purpose of exclusive recognition by the National Federation of Federal Employees, Local 2053; by the American Federation of Government Employees, AFL-CIO; or by neither. Issued, Washington, D.C., March 26, 1984 Barbara J. Mahone, Chairman Ronald W. Haughton, Member Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES$ --------------- /1/ Section 7112(a)(1) provides: Sec. 7112. Determination of appropriate units for labor organization representation (a)(1) The Authority shall determine the appropriateness of any unit. The Authority shall determine in each case whether, in order to ensure employees the fullest freedom in exercising the rights guaranteed under this chapter, the appropriate unit should be established on an agency, plant, installation, functional, or other basis and shall determine any unit to be an appropriate unit only if the determination will ensure 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.