Defense Mapping Agency, Hydrographic/Topographic Center and Graphic Arts International Union, Local 98-L (Authority decision, March 14, 1983)

Final FLRA decision. The Authority resolved an original unit clarification petition. This appropriate unit determination is excluded from judicial review under 5 U.S.C. § 7123(a)(2).

Plain-English summary

The graphic arts union sought to add about 60 Defense Mapping Agency photography employees to its existing unit. The Authority found that their primary work was not lithographic and they were outside the branches listed in the certified unit. It dismissed the clarification petition without deciding whether the employees belonged to an AFGE unit. This was an original petition with no Regional Director decision to review, so the outcome is recorded as other.

Decision snapshot

• Authority: Unit clarification and community of interest under 5 U.S.C. §§ 7111(b)(2) and 7112(a)(1).
• Outcome: Petition dismissed; photography employees not added to the graphic arts unit.
• Key point: The photography branch lacked the lithographic work and unit placement needed for inclusion.

Full text (FLRA public release)

[ v11 p606 ]
11:0606(102)CU

The decision of the Authority follows:

11 FLRA NO. 102

DEPARTMENT OF DEFENSE,
DEFENSE MAPPING AGENCY,
HYDROGRAPHIC/TOPOGRAPHIC CENTER

Activity

and

GRAPHIC ARTS INTERNATIONAL UNION,
LOCAL 98-L, AFL-CIO

Labor Organization/Petitioner

Case No. 3-CU-64

DECISION AND ORDER

Upon a petition 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 hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.

Upon the entire record in this case, the Authority finds: The Petitioner, Graphic Arts International Union, Local 98-L, AFL - CIO (GAIU), seeks to clarify its existing exclusively recognized unit by including therein the approximately 60 non-professional employees occupying the positions of Photographer (Laboratory, Scientific, and Technical), GS-1060; Photographer (Laboratory), GS-1060; Photographer, GS-1060; and Photographic Aid, GS-1060, who comprise the Precision Photo Products Branch of the Imagery Services Division within the Activity's Scientific Data Department.

On July 11, 1979, the Authority certified the GAIU as the exclusive representative for a unit described as follows:

Included: All non-professional employees of the Defense Mapping Agency Hydrographic/Topographic Center in Brookmont, Maryland, assigned to the Department of Graphic Arts, the Cartographic Engraving and Repromat Maintenance Branches of the Hydrographic Charting Division of the Hydrography Department and the Typography Branch of the Support Division of the Topography Department.

Excluded: Non-lithographic clerical employees, secretarial employees, professional employees, supervisors, management officials, employees engaged in personnel work in other than a purely clerical capacity, and confidential employees. [ v11 p606 ]

GAIU asserts that the employees it seeks are engaged in lithographic processes or related trades, and therefore should be part of its established bargaining unit. The Activity takes the position that all non-professional employees of the Precision Photo Products Branch, the employees here in question, have been included in the unit exclusively represented by the American Federation of Government Employees, Local 3407, AFL - CIO (AFGE), 1 and therefore should not be found part of GAIU's unit. AFGE did not participate in this proceeding.

The Authority will dismiss the petition. The record discloses that the employees sought are not in a branch or division of the Activity that is among those specified in the description of the Petitioner's bargaining unit. Moreover, the GAIU unit is composed essentially of employees engaged in lithographic processes or related trades, while the primary duties of the employees at issue are not lithographic in nature. Thus, the Authority concludes that the employees in question do not share a community of interest with lithographic employees 2 and therefore they will not be included in the unit for which GAIU holds exclusive recognition. 3

ORDER

IT IS ORDERED that the instant petition be, and it hereby is, dismissed.

Issued, Washington, D.C., March 14, 1983

Ronald W. Haughton, Chairman

Henry B. Frazier III, Member

Leon B. Applewhaite, Member

FEDERAL LABOR RELATIONS AUTHORITY

[ v11 p607 ]

FOOTNOTES

Footnote 1 On April 18, 1979, the Authority
certified AFGE as the exclusive representative for a unit of all non-professional General Schedule and Wage Grade employees of the Activity, excluding, among others, employees engaged in lithographic processes or related trades.

Footnote 2 See section 7112(a)(1) of the
Statute.

Footnote 3 The record is insufficient to
establish whether the employees in question have been a part of the AFGE's recognized unit, and therefore the Authority makes no finding in this regard.