Department of the Navy and International Organization of Masters, Mates and Pilots (Authority decision, October 15, 1982)

FLRA representation decision. The Authority finds a proposed unit appropriate and directs a secret-ballot election. The election and any resulting certification remain pending, so this is interlocutory and does not start a judicial-review period. The appropriate-unit determination is generally excluded from ordinary court of appeals review by 5 U.S.C. § 7123(a)(2), unless connected to an unfair labor practice proceeding.

Plain-English summary

The Masters, Mates and Pilots union petitioned to represent Navy civilian chief pilots and pilots in one worldwide unit. The Authority found both groups were supervisors, but the statute allowed this union to seek recognition for a supervisory unit because of its historical representation. It found the shared work, pay system, and conditions supported a single unit across 17 locations, and directed a secret-ballot election. The election and any certification remained to occur; this original petition involved no regional director decision to review.

Decision snapshot

• Authority: 5 U.S.C. § 7103(a)(10).
• Outcome: Unit found appropriate; election directed.
• Key point: Historical supervisory representation permitted a worldwide Navy pilot unit to vote on representation.

Full text (FLRA public release)

[ v10 p396 ]

10:0396(64)RO

The decision of the Authority follows:

10 FLRA No. 64

DEPARTMENT OF THE NAVY
Activity

and

INTERNATIONAL ORGANIZATION OF MASTERS,
MATES AND PILOTS, AFL-CIO
Labor Organization/Petitioner

Case No. 3-RO-99

DECISION AND DIRECTION OF ELECTION

UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
UNDER SECTION 7111(B)(1) 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. THE RULINGS ARE HEREBY AFFIRMED.

UPON THE ENTIRE RECORD IN THIS CASE, INCLUDING THE PARTIES' BRIEFS,
THE AUTHORITY FINDS: THE PETITIONER SEEKS TO REPRESENT A WORLD-WIDE
UNIT OF CHIEF PILOTS AND PILOTS EMPLOYED BY THE DEPARTMENT OF THE NAVY
UNDER CIVIL SERVICE APPOINTMENTS. /1/

THE PETITIONER TAKES THE POSITION, IN SUBSTANCE, THAT ALL THE
EMPLOYEES SOUGHT ARE SUPERVISORS AND THAT, PURSUANT TO SECTION
7135(A)(2) OF THE STATUTE, /2/ THE PETITIONED FOR UNIT MAY BE FOUND
APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION UNDER SECTION 7112
OF THE STATUTE. /3/ THE ACTIVITY, ON THE OTHER HAND, TAKES THE POSITION
THAT THE UNIT SOUGHT WOULD NOT PROMOTE EFFECTIVE DEALINGS OR EFFICIENCY
OF AGENCY OPERATIONS. IT ARGUES ALSO THAT, WHILE CHIEF PILOTS MAY BE
SUPERVISORY EMPLOYEES, PILOTS ARE NOT. ADDITIONALLY, THE ACTIVITY
CONTENDS THAT THE PETITION SHOULD BE DISMISSED BECAUSE OF EXISTING
CONTRACT AND CERTIFICATION BARS.

AT THE HEARING, THE PARTIES STIPULATED, INTER ALIA, THAT THE
PETITIONER IS THE EXCLUSIVE REPRESENTATIVE OF A SUPERVISORY UNIT UNDER
THE STATUTE AT THE MILITARY SEALIFT COMMAND. THE AUTHORITY TAKES
OFFICIAL NOTICE THAT THE ABOVE-REFERENCED SUPERVISORY UNIT OF MASTERS
AND FIRST OFFICERS WAS RECOGNIZED IN 1974 UNDER EXECUTIVE ORDER 11491,
AS AMENDED. THE PETITIONER ALSO HAS HISTORICALLY REPRESENTED
SUPERVISORY EMPLOYEES IN PRIVATE INDUSTRY AS ACKNOWLEDGED BY THE
DEPARTMENT OF NAVY (NAVY) IN ITS BRIEF. THUS, THE PETITIONER HAS
TRADITIONALLY REPRESENTED UNITS OF SUPERVISORS IN PRIVATE INDUSTRY AND
HELD EXCLUSIVE RECOGNITION FOR A UNIT OF SUPERVISORS IN AN AGENCY ON THE
EFFECTIVE DATE OF THE STATUTE, THEREBY SATISFYING BOTH SPECIFIC
PREREQUISITES SET FORTH IN SECTION 7135(A)(2) FOR THE INITIAL ACCORDING
OF RECOGNITION FOR UNITS OF SUPERVISORS.

THE PETITIONED FOR UNIT IS COMPOSED OF 52 INDIVIDUALS WHO CONSTITUTE
ALL OF THE NAVY'S CIVILIAN MARITIME PILOTS. OF THESE, 11 ARE CHIEF
PILOTS, WM-28, AND 41 ARE PILOTS, WM-27. THEY ARE SITUATED AT 17
SEPARATE LOCATIONS, WORLD-WIDE, INCLUDING SHIPYARDS, SUBMARINE BASES,
NAVAL STATIONS, CONSTRUCTION AND REPAIR CENTERS, AND SUPPLY OPERATIONS.
THE RECORD, IN THE AUTHORITY'S VIEW, AMPLY DEMONSTRATES THAT CHIEF
PILOTS AND PILOTS PERFORM SUBSTANTIALLY THE SAME DUTIES, INCLUDING
REGULAR SUPERVISION OF EMPLOYEES IN THE COURSE OF THEIR WORK. THUS, AT
EACH OF THE AFOREMENTIONED WORK-SITES, THE PETITIONED FOR EMPLOYEES
SUPPORT THE MISSION OF THE NAVY BY PERFORMING THE SAME WORK, I.E.,
PILOTING, BERTHING AND UNBERTHING, AND DOCKING AND UNDOCKING VESSELS.
IN THIS REGARD, THE PETITIONED FOR EMPLOYEES TYPICALLY TAKE OVER COMMAND
OF A SHIP'S STEERING AND ENGINE CONTROLS IS CHANNEL AND HARBOR AREAS, OR
OTHER WATERS WHERE SPECIALIZED KNOWLEDGE OF LOCAL GEOGRAPHY, WINDS,
TIDES, CURRENTS, NAVIGATIONAL HAZARDS AND NAVIGATIONAL AIDS ARE
REQUIRED, AND PROVIDE PILOTING SERVICES. CHIEF PILOTS AND PILOTS ARE
REQUIRED BY LAW TO HAVE MASTER LICENSES WITH UNLIMITED FIRST CLASS PILOT
ENDORSEMENTS, HAVE EXTENSION OF ROUTE CERTIFICATIONS FROM THE U.S. COAST
GUARD, PASS RENEWAL EXAMINATIONS EVERY FIVE YEARS, AND REGULARLY UPDATE
THEIR KNOWLEDGE OF RADAR AND SHIP SYSTEMS. ADDITIONALLY, A MAJORITY OF
THE CHIEF PILOTS AND PILOTS HAVE WORKED AT MORE THAN ONE OF THE NAVY'S
WORK-SITES AND REGULARLY ACCEPT TRANSFERS AND REASSIGNMENTS TO NEW
LOCATIONS WHERE THEY PERFORM IDENTICAL JOB FUNCTIONS. CHIEF PILOTS AND
PILOTS ARE ALSO SUBJECT TO A SPECIALIZED PAY SCALE, SEPARATE AND APART
FROM OTHER NAVY EMPLOYEES, WHICH IS FIXED AT THE DEPARTMENT OF DEFENSE
LEVEL, AND THAT CLOSELY FOLLOWS THE PREVAILING RATES AND PRACTICES OF
THE PRIVATE SECTOR MARITIME INDUSTRY.

WITH REGARD TO SUPERVISION, WHILE IT IS TRUE THAT CHIEF PILOTS ARE IN
COMMAND WHEN PRESENT, THE PILOTS ARE IN COMPLETE COMMAND ON THE FREQUENT
OCCASIONS WHEN NO CHIEF PILOT IS PRESENT. IN THIS REGARD, IT IS NOTED
THAT THERE ARE ONLY 11 CHIEF PILOTS BUT 17 LOCATIONS INVOLVED HEREIN.
MORE SPECIFICALLY, CHIEF PILOTS AND PILOTS SCHEDULE AND DIRECT THE WORK
OF CIVILIAN TUGBOAT PERSONNEL AND CIVILIAN RIGGERS. MOREOVER, IN
PERFORMING THESE FUNCTIONS, THEY CONSISTENTLY EXERCISE INDEPENDENT
JUDGMENT. ACCORDINGLY, THE AUTHORITY CONCLUDES THAT THE CHIEF PILOTS
AND PILOTS INVOLVED HEREIN ARE SUPERVISORS WITHIN THE MEANING OF SECTION
7103(A)(10) OF THE STATUTE. /4/

WITH RESPECT TO THE NAVY'S ASSERTION THAT THE PETITION SHOULD BE
DISMISSED BECAUSE OF EXISTING CONTRACT AND CERTIFICATION BARS, THE
EVIDENCE BEFORE THE AUTHORITY DISCLOSES THAT NONE OF THE CERTIFICATIONS
OR CONTRACTS AT ANY OF THE NAVY'S 17 LOCATIONS INVOLVED IN THIS CASE
COVERS A UNIT OF SUPERVISORS, AND THUS NO CERTIFICATION OR CONTRACT BARS
EXIST WITH RESPECT TO THE UNIT SOUGHT. /5/

BASED ON THE FOREGOING, IT IS CONCLUDED THAT THE UNIT SOUGHT IS
APPROPRIATE. THUS, THE CHIEF PILOTS AND PILOTS HAVE A COMMUNITY OF
INTEREST SEPARATE AND APART FROM OTHER NAVY PERSONNEL SINCE THEY SHARE A
UNIQUE FUNCTION, PAY SCALE AND WORKING CONDITIONS. FURTHER, A
SUPERVISORY UNIT OF ALL CHIEF PILOTS AND PILOTS WILL PROMOTE EFFECTIVE
DEALINGS WITH, AND EFFICIENCY OF THE OPERATIONS OF, THE NAVY SINCE THIS
UNIT AVOIDS THE PROSPECT OF A NUMBER OF SMALLER, FRAGMENTED UNITS OF
CHIEF PILOTS AND PILOTS AT EACH OF THE NAVY'S 17 LOCATIONS HEREIN.
ACCORDINGLY, THE AUTHORITY FINDS THE FOLLOWING UNIT IS APPROPRIATE FOR
THE PURPOSE OF EXCLUSIVE RECOGNITION WITHIN THE MEANING OF THE STATUTE:

ALL CHIEF PILOTS, WM-28, AND PILOTS, WM-27, EMPLOYED BY THE
DEPARTMENT OF THE NAVY UNDER

CIVIL SERVICE APPOINTMENTS, EXCLUDING ALL MANAGEMENT OFFICIALS, OTHER
SUPERVISORS,

CONFIDENTIAL EMPLOYEES, EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK
IN OTHER THAN A PURELY

CLERICAL CAPACITY, EMPLOYEES ENGAGED IN ADMINISTERING THE STATUTE,
EMPLOYEES ENGAGED IN

INTELLIGENCE OR OTHER SECURITY WORK DIRECTLY AFFECTING NATIONAL
SECURITY, AND EMPLOYEES

PRIMARILY ENGAGED IN INVESTIGATION OR AUDIT FUNCTIONS RELATED TO THE
INTERNAL SECURITY OF THE

ACTIVITY, AS DESCRIBED IN 5 U.S.C 7112(B)(2), (3), (4), (6) AND (7).

DIRECTION OF ELECTION

AN ELECTION BY SECRET BALLOT SHALL BE CONDUCTED AMONG EMPLOYEES IN
THE UNIT DESCRIBED ABOVE AS SOON AS FEASIBLE. THE APPROPRIATE REGIONAL
DIRECTOR SHALL SUPERVISE OR CONDUCT THE ELECTION, AS APPROPRIATE,
SUBJECT TO THE AUTHORITY'S RULES AND REGULATIONS. ELIGIBLE TO VOTE ARE
THOSE IN THE VOTING GROUP WHO WERE EMPLOYED DURING THE PAYROLL PERIOD
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 HAVE QUIT OR 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 ON WHETHER THEY DESIRE TO BE REPRESENTED FOR THE PURPOSE OF
EXCLUSIVE RECOGNITION BY THE INTERNATIONAL ORGANIZATION OF MASTERS,
MATES AND PILOTS, AFL-CIO.

ISSUED, WASHINGTON, D.C., OCTOBER 15, 1982

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY

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

/1/ THE UNIT DESCRIPTION APPEARS AS AMENDED AT THE HEARING.

/2/ SECTION 7135(A)(2) PROVIDES:

SECTION 7135. CONTINUATION OF EXISTING LAWS, RECOGNITIONS,
AGREEMENTS, AND PROCEDURES

(A) NOTHING CONTAINED IN THIS CHAPTER SHALL PRECLUDE--

. . . .

(2) THE RENEWAL, CONTINUATION, OR INITIAL ACCORDING OF RECOGNITION
FOR UNITS OF MANAGEMENT

OFFICIALS OR SUPERVISORS REPRESENTED BY LABOR ORGANIZATIONS WHICH
HISTORICALLY OR

TRADITIONALLY REPRESENT MANAGEMENT OFFICIALS OR SUPERVISORS IN
PRIVATE INDUSTRY AND WHICH HOLD

EXCLUSIVE RECOGNITION FOR UNITS OF SUCH OFFICIALS OR SUPERVISORS IN
ANY AGENCY ON THE

EFFECTIVE DATE OF THIS CHAPTER.

/3/ SECTION 7112 PROVIDES IN PERTINENT PART:

SECTION 7112. DETERMINATION OF APPROPRIATE UNITS FOR LABOR
ORGANIZATION REPRESENTATION

(A)(1) THE AUTHORITY SHALL DETERMINE THE APPROPRIATENESS OF ANY UNIT.
THE AUTHORITY SHALL

DETERMINE IN EACH CASE WHETHER, IN ORDER TO ENSURE EMPLOYEES THE
FULLEST FREEDOM IN EXERCISING

THE RIGHTS GUARANTEED UNDER THIS CHAPTER, THE APPROPRIATE UNIT SHOULD
BE ESTABLISHED ON AN

AGENCY, PLANT, INSTALLATION, FUNCTIONAL, OR OTHER BASIS AND SHALL
DETERMINE ANY UNIT TO BE AN

APPROPRIATE UNIT 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.

(B) . . . NOR SHALL A UNIT BE DETERMINED TO BE APPROPRIATE IF IT
INCLUDES--

(1) EXCEPT AS PROVIDED UNDER SECTION 7135(A)(2) OF THIS TITLE, ANY
MANAGEMENT OFFICIAL OR

SUPERVISOR(.)

/4/ SECTION 7103(A)(10) DEFINES A "SUPERVISOR" AS:

. . . AN INDIVIDUAL EMPLOYED BY AN AGENCY HAVING AUTHORITY IN THE
INTEREST OF THE AGENCY TO

HIRE, DIRECT, ASSIGN, PROMOTE, REWARD, TRANSFER, FURLOUGH, LAYOFF,
RECALL, SUSPEND,

DISCIPLINE, OR REMOVE EMPLOYEES, TO ADJUST THEIR GRIEVANCES, OR TO
EFFECTIVELY RECOMMEND SUCH

ACTION, IF THE EXERCISE OF THE AUTHORITY IS NOT MERELY ROUTINE OR
CLERICAL IN NATURE BUT

REQUIRES THE CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT. . . .

/5/ MOREOVER, IN VIEW OF OUR FINDING THAT CHIEF PILOTS AND PILOTS ARE
SUPERVISORS WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE STATUTE,
SUCH INDIVIDUALS COULD NOT APPROPRIATELY HAVE BEEN INCLUDED IN
BARGAINING UNITS WITH NONSUPERVISORY EMPLOYEES.