[ v15 p548 ]
15:0548(115)CU
The decision of the Authority follows:
15 FLRA No. 115
UNITED STATES CORPS OF ENGINEERS
KANSAS CITY DISTRICT
KANSAS CITY, MISSOURI
Activity/Petitioner
and
NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 29
Labor Organization
Case No. 7-CU-30011
DECISION AND ORDER CLARIFYING UNIT
Upon a petition duly filed with the 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 hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. /1/
Upon careful consideration of the entire record, including the
parties' contentions, the Authority finds: The National Federation of
Federal Employees, Local 29 (NFFE) is certified as the exclusive
bargaining representative of a unit of all nonsupervisory General
Schedule (GS) and Wage Board (WB) employees of the Kansas City District
Corps of Engineers, excluding managerial officials, supervisors,
employees engaged in Federal personnel work in other than a purely
clerical capacity, guards and professional employees.
Essentially, the Activity's amended petition seeks to exclude from
the certified bargaining unit 10 employees appointed pursuant to 5
C.F.R. 213.3102(w) under the "Stay-in-School Program" who hold positions
classified as clerk-typists, GW-0322-02. /2/ Positions filled under
such program are excepted from the competitive service. The Activity
contends that the inclusion of such employees (hereinafter called GW
employees) would not be appropriate under section 7112(a)(1) of the
Statute. /3/ In this regard, it asserts that these temporarily employed
employees have no reasonable expectancy of continued employment; do not
share a community of interest with the rest of the bargaining unit; and
their inclusion would not promote effective dealings with, and
efficiency of the operations of, the agency. NFFE disagrees with the
Activity's assertions, and additionally contends that GW employees have
historically been considered as a part of its exclusively recognized
unit.
The Kansas City District Office organizationally consists of an
Advisory Staff which is divided into eight offices, including Personnel,
Resource Management, and Public Affairs; and a Technical Staff which is
divided into five divisions, including Procurement and Supply, Real
Estate, and Construction. With regard to the GW employees, the record
reveals that they are currently employed as clerk-typists, GW-0322-02,
in the offices and/or divisions named above. The positions of these
employees are classified in accordance with the general schedule system
and they are paid according to the same pay schedule as other Activity
employees. They share common supervision and similar working
conditions, which include flexible work hours, similar breaks and lunch
periods, and office conditions; and they receive annual and sick leave
benefits.
Record testimony indicates that the Stay-in-School Program has been
in effect at the Activity for at least 12 years. The record also
reveals that of the four GW employees who testified, three have been
employed under this program or the GW classification from approximately
1 1/2 to 2 1/3 years, and the fourth has more recently been under this
classification for approximately 1 year. The GW employees are all
enrolled in institutions of higher learning and work part-time during
the academic school year, and full-time during the summer. Their
appointments are for a term of 1 year, and may be renewed annually so
long as they are enrolled in or accepted for enrollment as resident
students in a secondary school or institution of higher learning not
above the baccalaureate level. The evidence establishes that such
appointments are generally renewed. In this regard, the appointments of
the four employees who testified have been renewed at least once, with
two of these employees having their appointments further renewed for an
additional year. The evidence establishes that such employees could
possibly be employed by the Activity for several years as they pursue
their education.
Upon consideration of the totality of the facts and circumstances
presented, the Authority finds in accordance with the requirements of
section 7112(a)(1) of the Statute that the stay-in-school or GW
employees should be included in the unit as they share a clear and
identifiable community of interest with the other employees at the
Activity and their inclusion will promote effective dealings with, and
efficiency of the operations of, the Activity.
In so finding, the Authority notes, particularly, that the GW
employees share with other unit employees common supervision and similar
working conditions; their positions are classified in accordance with
the general schedule system; they are paid according to the same pay
schedule; and they also receive sick and annual leave. Further, GW
employees have a reasonable expectancy of continued employment as
evidenced by the fact that they have been employed by the Activity for a
substantial period of time and generally have had their appointments
renewed. Additionally, the Authority disagrees with the Activity's
assertion that the inclusion of the GW employees would not promote
effective dealings and efficiency of agency operations. In so finding,
the Authority notes that the existing bargaining unit includes temporary
employees whose initial appointments are for 150 days or more as well as
certain other temporary employees. /4/
ORDER
IT IS HEREBY ORDERED that the unit sought to be clarified, in which
exclusive recognition was granted to the National Federation of Federal
Employees, Local 29, on August 5, 1970, at the U.S. Army Corps of
Engineers, Kansas City District, Kansas City, Missouri, be, and it
hereby is, clarified by including in said unit employees appointed
pursuant to 5 C.F.R. 213.3102(w) under the Stay-in-School Program.
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 Activity's motion to correct the transcript is hereby
granted.
/2/ 5 C.F.R. 213.3102(w) states, in pertinent part, that:
Students may be appointed (under this program) if the need the
earnings from this employment to continue in school . . . ,
provided that the following conditions are met:
(1) Appointees are enrolled in or accepted for enrollment as a
resident student in a secondary school . . . or an institution of
higher learning not above the baccalaureate level . . . ;
(2) Employment does not exceed 20 hours in any calendar week
except that students may work full-time whenever their school is
officially closed and during any school vacation period;
(3) While employed, appointees continue to maintain an
acceptable school standing . . . ;
(4) Appointees meet the economic criteria prescribed by the
Office of Personnel Management . . . ; and
(5) Salaries are fixed by the agency head at a level
commensurate with the duties assigned and the expected level of
performance.
Appointments under this authority may not extend beyond 1 year.
However, such appointments may be made for additional periods of
not to exceed 1 year, each, if the conditions for initial
appointment are still met. Students may not be appointed under
this authority unless they have reached their 16th birthday. No
new appointments may be made between May 13 and August 31
inclusive.
/3/ Section 7112(a)(1) of the Statute states that a unit will be
appropriate " . . . 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."
/4/ In view of the above determination, it is unnecessary for the
Authority to pass on NFFE's contention that the GW employees herein were
historically included in the unit.