[ v03 p112 ]
03:0112(17)RO
The decision of the Authority follows:
3 FLRA No. 17 DEPARTMENT OF THE AIR FORCE, 6TH MISSILE WARNING SQUADRON OTIS AIR FORCE BASE, MASSACHUSETTS Activity and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO Petitioner and NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCAL R1-54 Intervenor Case No. 1-RO-5 DECISION AND DIRECTION OF ELECTION UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY UNDER SECTION 7111(B)(2) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, 5 U.S.C. 7101-7135, A HEARING WAS HELD BEFORE HEARING OFFICER ROBERT E. BAILEY ON JULY 25, 1979. 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, INCLUDING A POST-HEARING BRIEF FILED BY THE INTERVENOR, THE AUTHORITY FINDS: THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES (AFGE) FILED THE PETITION HEREIN, SEEKING A DETERMINATION WHETHER THE EMPLOYEES OF THE 6TH MISSILE WARNING SQUADRON CONSTITUTE A UNIT APPROPRIATE FOR EXCLUSIVE RECOGNITION. THE INTERVENOR, THE NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES (NAGE), CONTENDS THAT THE EMPLOYEES IN THE UNIT SOUGHT BY THE AFGE HAVE ACCRETED TO AND ARE A PART OF THE NAGE'S EXCLUSIVELY RECOGNIZED UNIT OF AIR FORCE CIVILIAN EMPLOYEES AT OTIS AIR FORCE BASE, AND THAT ITS COLLECTIVE BARGAINING AGREEMENT WITH THE ACTIVITY IS A BAR TO THE PETITION FILED BY THE AFGE. THE ACTIVITY, OTIS AIR FORCE BASE, AGREES WITH THE INTERVENOR'S POSITION IN THIS MATTER. SINCE FEBRUARY 18, 1965, THE NAGE HAS BEEN THE EXCLUSIVE REPRESENTATIVE OF A UNIT OF ALL AIR FORCE CIVILIAN EMPLOYEES AT OTIS AIR FORCE BASE WHICH INCLUDES A DETACHMENT OF EMPLOYEES STATIONED AT NORTH TRURO AIR FORCE STATION, NORTH TRURO, MASSACHUSETTS. IN ADDITION TO THE NAGE'S OVERALL UNIT OF AIR FORCE EMPLOYEES, A UNIT OF GUARDS AND POLICE OFFICERS AT THE ACTIVITY IS REPRESENTED BY A LOCAL OF THE INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS, A DIVISION OF NAGE, CERTIFIED ON JUNE 1, 1976. SINCE JUNE, 1977, THERE ALSO HAS BEEN A UNIT OF FIREFIGHTER PERSONNEL AT THE ACTIVITY REPRESENTED BY A LOCAL OF NAGE. THE RECORD DOES NOT INDICATE WHETHER THE CIVILIAN EMPLOYEES AT THE ACTIVITY WHO ARE NOT EMPLOYED BY THE UNITED STATES AIR FORCE ARE REPRESENTED FOR THE PURPOSE OF COLLECTIVE BARGAINING. THE COLLECTIVE BARGAINING AGREEMENT CURRENTLY IN EFFECT WAS EXECUTED ON DECEMBER 13, 1977, AND APPROVED ON JANUARY 25, 1978. OTIS AIR FORCE BASE IS A COMPLEX AMALGAMATION OF DIFFERENT AGENCIES AND UNITS LOCATED ON A 22,000 ACRE SITE AT CAPE COD, MASSACHUSETTS. IN ADDITION TO THE AIR FORCE UNITS, THERE ARE A NUMBER OF OTHER TENANT ORGANIZATIONS AT OTIS WITH CIVILIAN EMPLOYEES, INCLUDING THE COAST GUARD, AN ARMY INSTALLATION, A MARINE CORPS BATTALION, AND AN OFFICE OF THE U.S. DEPARTMENT OF AGRICULTURE. THE 6TH SQUADRON WAS ESTABLISHED IN AUGUST, 1977 AND WAS ORIGINALLY STAFFED WITH SIX EMPLOYEES, TWO OF WHOM HAD BEEN EMPLOYED AT OTHER UNITS OF THE ACTIVITY. SINCE THAT TIME, IT HAS REACHED A FULL COMPLEMENT OF APPROXIMATELY 100 EMPLOYEES, 70 OF WHOM ARE IN THE UNIT SOUGHT. APPROXIMATELY 50 PERCENT OF THESE WERE NOT PREVIOUSLY EMPLOYED BY THE ACTIVITY. THE 6TH SQUADRON IS LOCATED AT A SEPARATE, SECURED, FENCED-IN SITE ON OTIS, APPROXIMATELY 16 MILES FROM THE NEAREST OTHER AIR FORCE GROUP AND OVER 54 MILES FROM THE DETACHMENT STATIONED AT NORTH TRURO. ITS MISSION IS TO DISCOVER, IDENTIFY AND TRACK FOREIGN MISSILES OVER A SPECIFIC GEOGRAPHIC AREA. IT DOES NOT APPEAR FROM THE RECORD THAT THE CREATION OF THE 6TH SQUADRON REPRESENTS A REORGANIZATION OF A PRIOR EXISTING FUNCTION. ITS WORK IS NOT INTEGRATED WITH THAT OF ANY OF THE OTHER AIR FORCE DIVISIONS LOCATED AT OTIS AND NORTH TRURO, ALTHOUGH TOGETHER THESE GROUPS SHARE THE RESPONSIBILITIES OF THE AIR DEFENSE COMMAND WHOSE ROLE IS TO WARD OFF INTRUSIVE FORCES. THE WORK PERFORMED BY EMPLOYEES OF THE 6TH SQUADRON IS VARIED; ENGINEERS, RADAR MECHANICS, PLUMBERS, WAREHOUSEMEN, CRANE OPERATORS AND CLERICALS ARE AMONG THE EMPLOYEES ASSIGNED TO THE UNIT. WITH THE EXCEPTION OF WAREHOUSEMEN, CRANE OPERATORS, AND CLERICALS, THE 6TH SQUADRON SHARES NO JOB CLASSIFICATIONS IN COMMON WITH OTHER AIR FORCE ORGANIZATIONS OF THE ACTIVITY. THERE IS NO BASE COMMANDER WITH OVERALL AUTHORITY AT OTIS. RATHER, EACH OF THE ORGANIZATIONS AT OTIS, INCLUDING THE 6TH SQUADRON, HAS ITS OWN COMMANDER. FURTHER, THERE IS NEITHER COMMON SUPERVISION NOR INTEGRATION OF WORK AMONG THE EMPLOYEES OF THE 6TH SQUADRON AND THE FOUR OTHER AIR FORCE UNITS WHICH COMPRISE THE INTERVENOR'S UNIT, AND EMPLOYEES OF THE 6TH SQUADRON HAVE NO REGULAR OR ROUTINE WORKING CONTRACTS WITH OTHER CIVILIAN AIR FORCE PERSONNEL AT OTIS. WHILE THE ACTIVITY'S CENTRAL CIVILIAN PERSONNEL OFFICE (CPO) ADMINISTERS A BASE-WIDE PROGRAM WHICH INCLUDES HIRING, CAREER DEVELOPMENT, AND MERIT PROMOTION, AND A COOPERATIVE BASE-WIDE PROMOTION PLAN, PROMOTIONS IN THE 6TH SQUADRON GENERALLY HAVE BEEN IN-HOUSE. THE AREA OF CONSIDERATION FOR REDUCTIONS-IN-FORCE IS BASE-WIDE. THE CPO ALSO MONITORS LABOR-MANAGEMENT RELATIONS, AND IS THE ACTIVITY'S AGENT FOR COLLECTIVE BARGAINING PURPOSES. IN VIEW OF THE FOREGOING, THE AUTHORITY FINDS THAT THE 6TH MISSILE SQUADRON CONSTITUTES AN APPROPRIATE UNIT FOR THE PURPOSE OF EXCLUSIVE RECOGNITION UNDER THE STATUTE. THUS, IT IS LOCATED AT A SELF-CONTAINED, PHYSICALLY DISTINCT SITE, WITH ITS OWN COMMANDER, AND ITS EMPLOYEES PERFORM A WELL-DEFINED MISSION WHICH IS NOT INTEGRATED WITH OTHER UNITS OF THE ACTIVITY. FURTHER, THE EMPLOYEES OF THE 6TH SQUADRON SHARE NO COMMON SUPERVISION, NO REGULAR WORKING CONTACTS, AND FEW COMMON JOB CLASSIFICATIONS WITH OTHER EMPLOYEES OF THE ACTIVITY, AND THERE IS NO TEMPORARY INTERCHANGE BETWEEN THE 6TH SQUADRON EMPLOYEES AND THE REST OF THE ACTIVITY. THUS, THE RECORD DEMONSTRATES THAT EMPLOYEES OF THE 6TH SQUADRON SHARE A CLEAR, SEPARATE AND DISTINCT COMMUNITY OF INTEREST AMONG THEMSELVES. FURTHER, NOTING THAT THE EMPLOYEES OF THE 6TH SQUADRON ARE SEPARATE AND DISTINCT GEOGRAPHICALLY, ORGANIZATIONALLY AND FUNCTIONALLY FROM ALL OTHER CIVILIAN EMPLOYEES AT OTIS, IT IS CONCLUDED THAT THE UNIT SOUGHT HEREIN WOULD PROMOTE EFFECTIVE DEALINGS AND EFFICIENCY OF OPERATIONS. MOREOVER, THE RECORD DEMONSTRATES THAT THOSE FUNCTIONS OF THE CPO WHICH ARE COMMON TO ALL CIVILIAN EMPLOYEES OF THE ACTIVITY HAVE NOT PROVED TO BE INCONSISTENT WITH SUCH A CONCLUSION. THE INTERVENOR ALLEGED THAT THE UNIT IN QUESTION ACCRETED TO THE UNIT IT NOW REPRESENTS. IN SUPPORT OF ITS ALLEGATION, THE NAGE CONTENDED THAT THE TWO UNITS SHARE A COMMUNITY OF INTEREST DEMONSTRATED BY COMMON PERSONNEL PROGRAMS AND POLICIES, PARTICIPATION IN A BASE-WIDE PROMOTION PLAN, AND GEOGRAPHIC LOCATION ON OTIS. ADDITIONALLY, THE NAGE ARGUED THAT APPROXIMATELY 50% OF THESE EMPLOYEES WERE FORMER BASE EMPLOYEES WHO WERE PLACED IN 6TH SQUADRON POSITIONS ACCORDING TO THE TERMS OF THAT AGREEMENT. ALTHOUGH A SUBSTANTIAL NUMBER OF THE EMPLOYEES OF THE 6TH SQUADRON WERE FORMERLY EMPLOYED BY OTHER SEGMENTS OF THE ACTIVITY, IT DOES NOT APPEAR THAT THE TRANSFERS OCCURRED THROUGH AN ADMINISTRATIVE REORGANIZATION, BUT RATHER THAT THEY OCCURRED OVER A PERIOD OF TIME AFTER THE CREATION OF THE 6TH SQUADRON. THUS, AS THE EMPLOYEES OF THE 6TH SQUADRON SHARE A SEPARATE, DISTINCT AND IDENTIFIABLE COMMUNITY OF INTEREST, THE CIRCUMSTANCES HEREIN DO NOT JUSTIFY ACCRETING THEM TO AN EXISTING UNIT. BASED ON THE FOREGOING, THE AUTHORITY FINDS THE FOLLOWING UNIT APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION UNDER SECTION 7112 OF THE STATUTE: ALL GS AND WAGE GRADE EMPLOYEES EMPLOYED BY THE U.S. AIR FORCE, 6TH MISSILE WARNING SQUADRON, AT OTIS AIR FORCE BASE, MASSACHUSETTS, EXCLUDING ALL PROFESSIONAL EMPLOYEES; MANAGEMENT OFFICIALS; SUPERVISORS; AND EMPLOYEES DESCRIBED IN 5 U.S.C. 7112(B)(2), (3), (4), (6) AND (7). ALTHOUGH IT HAS BEEN DETERMINED THAT ACCRETION OF THESE EMPLOYEES TO THE INTERVENOR'S EXISTING UNIT WITHOUT AN ELECTION IS NOT JUSTIFIED, THAT UNIT WOULD REMAIN AN APPROPRIATE UNIT WITH THE ADDITION TO IT OF SUCH EMPLOYEES. THUS, BOTH GROUPS SHARE IN COMMON THE PROGRAMS ADMINISTERED BY THE CIVILIAN PERSONNEL OFFICE, AS WELL AS SEVERAL JOB CLASSIFICATIONS. FURTHER, IT IS NOTED THAT THE EXISTING UNIT ALREADY INCLUDES EMPLOYEES WHO ARE GEOGRAPHICALLY SEPARATED, WITH NO EVIDENCE THAT THIS HAS IMPAIRED EFFECTIVE DEALINGS, EFFICIENCY OF OPERATIONS, OR COMMUNITY OF INTEREST. THEREFORE, THE EMPLOYEES SOUGHT WILL BE ASKED WHETHER THEY DESIRE TO BE REPRESENTED FOR THE PURPOSE OF EXCLUSIVE RECOGNITION BY THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, THE NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, /1/ OR BY NEITHER. IF THE MAJORITY OF THE VOTES CAST IS FOR THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, THE EMPLOYEES WILL BE TAKEN TO HAVE INDICATED THEIR DESIRE TO BE REPRESENTED BY THAT LABOR ORGANIZATION IN A SEPARATE UNIT. IF, ON THE OTHER HAND, A MAJORITY OF THE VOTES CAST IS FOR THE NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, THE EMPLOYEES WILL BE TAKEN TO HAVE INDICATED THEIR DESIRE TO BE REPRESENTED BY THE NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES IN ITS EXISTING UNIT. /2/ FOLLOWING THE ELECTION, AN APPROPRIATE CERTIFICATION WILL BE ISSUED BY THE REGIONAL DIRECTOR INDICATING WHETHER THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, THE NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, OR NEITHER LABOR ORGANIZATION WAS SELECTED. DIRECTION OF ELECTION AN ELECTION BY SECRET BALLOT SHALL BE CONDUCTED AMONG THE EMPLOYEES IN THE UNIT FOUND APPROPRIATE AS SOON AS POSSIBLE BUT NOT LATER THAN 60 DAYS FROM THE DATE BELOW. THE APPROPRIATE REGIONAL DIRECTOR SHALL SUPERVISE THE ELECTION, SUBJECT TO THE AUTHORITY'S RULES AND REGULATIONS. ELIGIBLE TO VOTE ARE THOSE IN THE UNIT 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, OR ON VACATION, OR ON FURLOUGH, INCLUDING THOSE IN THE MILITARY SERVICE WHO APPEAR IN PERSON AT THE POLLS. INELIGIBLE TO VOTE ARE EMPLOYEES WHO QUIT OR WHO 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 WHETHER THEY DESIRE TO BE REPRESENTED FOR THE PURPOSE OF EXCLUSIVE RECOGNITION BY THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, IN WHICH CASE THEY WILL CONSTITUTE A SEPARATE UNIT; BY THE NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, INDICATING THEIR DESIRE TO BE REPRESENTED BY THAT LABOR ORGANIZATION IN ITS EXISTING UNIT OF AIR FORCE CIVILIAN EMPLOYEES AT OTIS AIR FORCE BASE; OR BY NEITHER LABOR ORGANIZATION. ISSUED, WASHINGTON, D.C., APRIL 28, 1980 RONALD W. HAUGHTON, CHAIRMAN HENRY B. FRAZIER III, MEMBER LEON B. APPLEWHAITE, MEMBER FEDERAL LABOR RELATIONS AUTHORITY /1/ THE NAGE HAS BEEN PLACED ON THE BALLOT IN THIS ELECTION IN ACCORDANCE WITH SECTION 7111(C)(2) AND (3) OF THE STATUTE WHICH PROVIDES: (C) A LABOR ORGANIZATION WHICH-- (2) HAS SUBMITTED A VALID COPY OF A CURRENT OR RECENTLY EXPIRED COLLECTIVE BARGAINING AGREEMENT FOR THE UNIT; OR (3) HAS SUBMITTED OTHER EVIDENCE THAT IT IS THE EXCLUSIVE REPRESENTATIVE OF THE EMPLOYEES INVOLVED; MAY INTERVENE WITH RESPECT TO A PETITION FILED PURSUANT TO SUBSECTION (B) OF THIS SECTION AND SHALL BE PLACED ON THE BALLOT OF ANY ELECTION UNDER SUCH SUBSECTION (B) WITH RESPECT TO THE PETITION. /2/ IN THE EVENT THAT THE INTERVENOR, THE NAGE, DOES NOT DESIRE TO PROCEED TO AN ELECTION IN THE UNIT FOUND APPROPRIATE, IT MAY REQUEST THAT THE REGIONAL DIRECTOR REMOVE ITS NAME FROM THE BALLOT. THE REQUEST MUST BE IN WRITING AND MUST BE RECEIVED NO LATER THAN SEVEN DAYS BEFORE THE DATE OF THE ELECTION. SUCH REQUEST IS SUBJECT TO THE APPROVAL OF THE REGIONAL DIRECTOR WHOSE DECISION IS FINAL.