Department of the Army, Headquarters Fort Monroe and Local 11, 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 11 of the Federal Firefighters Association sought to represent firefighters at Army Headquarters, Fort Monroe, separately from a broader unit represented by NAGE Local R4-11. The Authority found that the existing activity wide unit shared a community of interest and promoted effective dealings and efficient operations. The record also showed that NAGE's agreement addressed firefighters and that the union had represented them in grievances and unfair labor practice matters. 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. §§ 7111 and 7112(a)(1).
• Outcome: Petition for a separate firefighter unit dismissed on the merits.
• Key point: The existing activity wide unit adequately included the firefighters and remained appropriate.

Full text (FLRA public release)

[ v16 p279 ]

16:0279(41)RO

The decision of the Authority follows:

16 FLRA No. 41

DEPARTMENT OF THE ARMY, HEADQUARTERS
FORT MONROE, VIRGINIA
Activity

and

LOCAL 11, FEDERAL FIREFIGHTERS
ASSOCIATION
Petitioner /1/

and

LOCAL R4-11, NATIONAL ASSOCIATION OF
GOVERNMENT EMPLOYEES
Intervenor

Case No. 4-RO-30026

DECISION AND ORDER

Upon a petition duly filed with the Federal Labor Relations Authority under section 7111 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 11, Federal Firefighters Association (Firefighters) seeks to represent a union of all non-supervisory General Schedule (GS) fire prevention and protection employees, including GS-6 crew chiefs employed at Headquarters, Fort Monroe, Virginia. Since 1969, these employees have been part of a unit represented by Local R4-11, National Association of Government Employees. The Activity and Intervenor contend that granting the petition would result in unnecessary fragmentation of an appropriate unit.

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 for determining the appropriateness of any unit set forth in section 7112(a)(1) of the Statute. Thus, in resolving the instant case, the Authority must determine whether the unit sought by the firefighters 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 NAGE 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 that such unit promotes effective dealings with, 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 record indicates that the collective bargaining agreement presently in effect contains at least one section that applies specifically to firefighters, that a firefighter has held the position of Chief Steward for the bargaining unit, and that NAGE has processed unfair labor practices and grievances on behalf of the firefighters. Finally, and in agreement with the Activity and Intervenor, it is concluded that effective dealings with and efficiency of operations of the Activity will be promoted by avoiding unnecessary fragmentation. Accordingly, the Authority concludes that the firefighters' petition seeks an inappropriate unit and therefore must be dismissed. /2/

ORDER

IT IS HEREBY ORDERED that the petition in Case No. 4-RO-30026 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/ U.S. Coast Guard Air Station Cape Cod, Otis Air Force Base, Pocasset, Massachusetts, 10 FLRA 543 (1982).