U.S. Army Engineer Center and Fort Belvoir and Local 16, Federal Firefighters Association (Authority decision, October 26, 1984)

Final FLRA decision. The Authority dismisses a representation petition seeking a separate firefighter unit. This is an appropriate unit determination under 5 U.S.C. § 7112. Section 7123(a)(2) excludes such an order from judicial review in a court of appeals.

Plain-English summary

Local 16 of the Federal Firefighters Association sought a separate unit for fire prevention and protection employees at Fort Belvoir. Those employees had belonged to a broader unit represented by AFGE Local 1052 since 1968. The Authority found that the existing activity wide unit shared a community of interest and promoted effective dealings and efficient operations. It also found insufficient evidence that AFGE had represented the firefighters unfairly or overlooked their bargaining concerns. The Authority dismissed the petition to avoid unnecessary fragmentation. The outcome is marked other because this was an original representation petition, with no Regional Director decision to affirm or set aside.

Decision snapshot

• Authority: 5 U.S.C. § 7112(a)(1).
• Outcome: Petition for a separate firefighter unit dismissed on the merits.
• Key point: The long established activity wide unit remained appropriate for the firefighters.

Full text (FLRA public release)

[ v16 p271 ]

16:0271(38)RO

The decision of the Authority follows:

16 FLRA No. 38

U.S. ARMY ENGINEER CENTER
AND FORT BELVOIR
Activity

and

LOCAL 16, FEDERAL FIREFIGHTERS
ASSOCIATION
Petitioner /1/

and

LOCAL 1052, AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES
Intervenor

Case No. 3-RO-30021

DECISION AND ORDER

Upon a petition duly filed by the Authority under section 711 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 rulings made at the hearing and finds that they are free from prejudicial error. They are hereby affirmed.

Upon careful consideration of the entire record, including the parties' contentions, the Authority finds: Local 16, Federal Firefighters Association (Petitioner) seeks to represent a unit of all General Schedule fire prevention and protection employees employed by the employer at Fort Belvoir, Virginia. Since November 1968, these employees have been part of a unit represented by Local 1052, American Federation of Government Employees (AFGE). /2/ The Activity and AFGE contend that granting the petition would result in unnecessary fragmentation of an existing unit and would not ensure a clear and identifiable community of interest or promote effective dealings or efficiency of agency operations.

In International Communication Agency, 5 FLRA 97 (1981), the Authority stated that when deciding a question concerning severance, such as that involved herein, it must apply the three criteria set forth in section 7112(a)(1) of the Statute for determining the appropriateness of any unit. Thus, in resolving the instant case, the Authority must determine whether the unit sought by the Petitioner will ensure a clear and identifiable community of interest among employees and will promote effective dealings with, and efficiency of the operations of, the Activity.

The record establishes that the Activity-wide unit currently represented by AFGE is appropriate, as all of the Activity's employees, including the fire prevention and fire protection employees, share a community of interest at the Activity level and as such unit promotes effective dealings and efficiency of agency operations. Thus, all of the Activity's employees share a common mission, are subject to the same merit promotion policies and competitive areas, and have been part of a long-standing, established bargaining unit. Further, the weight of evidence does not demonstrate that fire prevention and fire protection employees have not been represented fairly or that their bargaining concerns have been overlooked by AFGE. /3/ Finally, and in agreement with the Activity, it is concluded that effective dealings and efficiency of operations of the Activity will be promoted by avoiding unnecessary fragmentation. Accordingly, the Authority concludes that the Petitioner's petition seeks an inappropriate unit and therefore must be dismissed. /4/

ORDER

IT IS HEREBY ORDERED that the petition in Case No. 3-RO-30021 be, and it hereby is, dismissed. Issued, Washington, D.C., October 26, 1984 Henry B. Frazier III, Acting Chairman Ronald W. Haughton, Member FEDERAL LABOR RELATIONS AUTHORITY

--------------- FOOTNOTES$ ---------------

/1/ The names of the Activity and Petitioner appear as amended at the hearing.

/2/ Local 1052, AFGE was granted exclusive recognition for a unit containing the above mentioned firefighter employees on November 18, 1968.

/3/ AFGE and the Activity have negotiated a series of collective bargaining agreements dating back to 1972; the collective bargaining agreement negotiated in 1978 was currently in effect at the time of the hearing.

/4/ See U.S. Coast Guard Air Station Cape Cod, Otis Air Force Base, Pocasset, Massachusetts, 10 FLRA 543 (1982) and Department of the Navy, Naval Air Station, Moffet Field, California, 8 FLRA 10 (1982).