Defense Communications Agency Headquarters and American Federation of Government Employees, Local 2 (Authority decision, March 14, 1983)

Final FLRA decision. The Authority clarified a Defense Communications Agency bargaining unit. This appropriate unit determination is excluded from judicial review under 5 U.S.C. § 7123(a)(2).

Plain-English summary

A Defense Communications Agency unit had been defined by a single Arlington work location even after some employees moved elsewhere. The agency and AFGE jointly asked to define it by service from the headquarters civilian personnel division instead. The Authority found that description consistent with a community of interest and effective administration. It included employees who had moved out of the original site and excluded others who had moved in but did not belong in the unit. This was an original clarification petition with no Regional Director decision to review, so the outcome is recorded as other.

Decision snapshot

• Authority: Unit clarification under 5 U.S.C. §§ 7111(b)(2) and 7112(a)(1).
• Outcome: Certification updated to personnel division coverage; listed employees added and removed.
• Key point: Personnel administration supplied a more accurate unit boundary than a former address.

Full text (FLRA public release)

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11:0582(96)CU

The decision of the Authority follows:

11 FLRA NO. 96

DEPARTMENT OF DEFENSE, DEFENSE
COMMUNICATIONS AGENCY HEADQUARTERS

Activity/Joint Petitioner

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2, AFL-CIO

Labor Organization/Joint Petitioner

Case No. 3-CU-77

DECISION AND ORDER CLARIFYING UNIT

Upon a joint 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 Authority has reviewed the hearing officer's ruling 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 the parties' contentions, the Authority finds: The American Federation of Government Employees, Local 2, AFL - CIO, was certified on March 30, 1976, as the exclusive bargaining representative for a unit of nonsupervisory, nonprofessional employees of the Defense Communications Agency (DCA) Headquarters which was described in pertinent part as follows:

All nonsupervisory, nonprofessional employees of the Defense Communications Agency and the National Communications System physically located at 8th Street and South Courthouse Road, Arlington, Va. (DCA Headquarters)

Subsequently, unit employees have been physically transferred to different locations while the appropriate unit has continued to be described by reference to the 8th Street and South Courthouse Road location. Questions have arisen concerning whether certain employees who were previously a part of the unit should now be excluded simply because their duty stations have been changed from the 8th Street and South Courthouse Road location. In addition, questions have arisen concerning whether other employees, who were not a part of the unit [ v11 p582 ] previously, should now be included in the unit merely because their duty stations have changed to the 8th Street and South Courthouse Road location.

In order to resolve these questions, the Joint Petitioners seek to clarify the above-cited unit description so as to have it read as follows:

All nonsupervisory, nonprofessional employees of the Defense Communications Agency and the National Communications System serviced by the Headquarters Civilian Personnel Division except employees of the White House Communications Agency.

The Joint Petitioners further request that the unit be clarified by including those employees who have been part of the unit but no longer work at the same location and excluding certain other employees who have not been part of the unit but now work at 8th Street and South Courthouse Road.

Based on the record, the Authority finds that the proposed change in the unit description, as urged by both parties, will result in a unit which is appropriate pursuant to the criteria set forth in section 7112(a)(1) of the Statute. Thus, that unit is consistent with the manner in which the Activity has now organized its personnel functions so that it will promote effective dealings and efficiency of agency operations. Further, that unit will ensure a community of interest among the employees in the bargaining unit. Accordingly, the Authority shall clarify the unit as requested.

ORDER

IT IS ORDERED that the unit sought to be clarified, for which the American Federation of Government Employees, Local 2, AFL - CIO, was certified as exclusive representative on March 30, 1976, be and it hereby is, clarified to read as follows:

All nonsupervisory, nonprofessional employees of the Defense Communications Agency and the National Communications System serviced by the Headquarters Civilian Personnel Division except employees of the White House Communications Agency.

Excluded: All professional employees, management officials, supervisors, personnel engaged in personnel work in other than a purely clerical capacity, confidential employees, temporary employees (on appointments of 700 hours or less where there is no expectation of continuous [ v11 p583 ] employment), and employees in existing units of Exclusive Recognition.

IT IS FURTHER ORDERED that such unit be, and it hereby is, clarified by including the incumbents named in Appendix A and by excluding the incumbents named in Appendix B, attached hereto.

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

Ronald W. Haughton, Chairman

Henry B. Frazier III, Member

Leon B. AppleWhaite, Member

FEDERAL LABOR RELATIONS AUTHORITY

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APPENDIX A EMPLOYEES INCLUDED

DCA Hqs Code 150, MOGLE, GS-318-7 Secretary-Stenography Carol A.

DCA Hqs Code 150, WOLLOCK, GS-318-6 Secretary-Stenography Stephanie

DCA Hqs Code 150, GIBSON, GS-318-6 Secretary-Stenography Mary R.

DCA Hqs Code 150, MECONNAHEY, GS-318-6 Secretary-Stenography Cathy M.

Duty Station: Pentagon

DCAOC Code N340, DEFIBAUGH, GS-318-5 Secretary-Typing Linda A.

DCAOC Code N340, DENNIS, GS-334-7 Computer Programmer Martha A.

DCAOC Code N340, HARTMAN, GS-334-7 Computer Programmer Jacqueline H.

DCAOC Code N340, KEENAN, GS-334-12 Computer Specialist James E.

DCAOC Code N340, KURDT, GS-334-12 Computer Specialist Martin W.

Duty Station:
Ft. Detrick, Md.

DCAOC Code N220, GLASSMAN, GS-318-6 Secretary-Typing Judith J.

Duty Station: Pentagon

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APPENDIX B EMPLOYEES EXCLUDED

CCTC, C140 BOTSFORD, GS-334-14 Computer Specialist Thomas W.

CCTC, C101 KIRCHNER, GS-318-8 Secretary-Stenograpy Mary, J.

CCTC, C110 DIERKES, GS-318-6 Secretary-Senography Sadie M.

CCTC, C110 HARGROVE, GS-318-6 Secretary-Stenography Linda D.

CCTC, C100 OVERFELT, GS-303-5 Staff Support
Kathryn H. Assistant

CCTC, C110 KIRKPATRICK, GS-318-6 Secretary-Stenography Diane M.

CCTC, C110 MALIN, GS-318-7 Secretary-Stenography Frances B.

CCTC, C140 PAULEY, GS-318-7 Secretary-Stenography SHARON K.

CCTC, C110 WALKER, GS-318-5 Secretary-Stenography DOROTHY M.

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