Department of the Army, U.S. Army Transportation Center, Fort Eustis, Virginia and Local 19, Federal Firefighters Association and American Federation of Government Employees, Local 1341 (Authority decision, December 13, 1984)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority determining whether a separate bargaining unit is appropriate. Judicial review under 5 U.S.C. § 7123(a) is excluded for an order under § 7112 involving an appropriate unit determination by § 7123(a)(2).

Plain-English summary

The Federal Firefighters Association sought a separate bargaining unit for fire prevention and protection employees at Fort Story. Those employees were already part of an Army unit represented by AFGE. The Authority found that the existing unit shared a community of interest and supported effective dealings and efficient operations. It found no evidence that AFGE had failed to represent the firefighters fairly and declined to split the unit. The Authority dismissed the original representation petition; no Regional Director decision was under review, so the usual affirmed or vacated label for representation review does not fit.

Decision snapshot

• Authority: Representation and appropriate units under 5 U.S.C. §§ 7111 and 7112(a)(1).
• Outcome: Petition for a separate firefighters unit dismissed; existing unit remained appropriate.
• Key point: The requested severance would unnecessarily fragment an established bargaining unit.

Full text (FLRA public release)

[ v16 p788 ]

16:0788(107)RO

The decision of the Authority follows:

16 FLRA No. 107

DEPARTMENT OF THE ARMY
U.S. ARMY TRANSPORTATION CENTER
FORT EUSTIS, VIRGINIA
Activity

and

LOCAL 19, FEDERAL FIREFIGHTERS
ASSOCIATION
Petitioner

and

LOCAL 1341, AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES /1/
Intervenor

Case No. 4-RO-30036

DECISION AND ORDER

Upon a petition duly filed with the 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: FFA seeks to represent a unit of all GS fire prevention and protection employees employed by the Activity at Fort Story, Virginia. Since 1963, these employees have been part of the unit represented by the Intervenor, AFGE. The Activity and AFGE 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 FFA 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 base-wide unit currently represented by AFGE is appropriate, as all Activity employees therein, including the GS fire prevention and protection employees, share a community of interest at the base level, and that such a unit promotes effective dealings and efficiency of agency operations. Thus, all of the Activity's employees at Fort Story 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, there is no evidence to demonstrate that the GS fire prevention and protection employees have not been fairly represented or that their bargaining concerns have been overlooked by AFGE. /2/ Finally, in agreement with the Activity and the Intervenor, 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 FFA's petition does not give rise to a question of representation concerning the petitioned for unit and justify severance from the existing larger unit which continues to remain appropriate. Therefore, the petition must be dismissed. /3/

ORDER

IT IS HEREBY ORDERED that the petition in Case No. 4-RO-30036 be, and it hereby is, dismissed. Issued, Washington, D.C., December 13, 1984 Henry B. Frazier III, Acting Chairman Ronald W. Haughton, Member FEDERAL LABOR RELATIONS AUTHORITY

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

/1/ Subsequent to the filing of the petition, the name of the exclusive representative of the bargaining unit which included all appropriated fund employees assigned to the Activity at the duty station of Fort Story, Virginia, was changed from Local 1341 to Local 1625, American Federation of Government Employees (AFGE), pursuant to an internal union reorganization. Accordingly, the name of the exclusive representative is changed to reflect this reorganization. Contrary to the contention of the Petitioner, Local 19, Federal Firefighters Association (FFA), the Authority finds that such a change does not raise a question concerning representation with respect to the above described unit.

/2/ Since 1963, AFGE and the Activity have entered into several collective bargaining agreements, one of which was in effect at the time of this proceeding. The AFGE has requested renegotiation of the contract now in effect.

/3/ Library of Congress, 16 FLRA No. 67 (1984); Naval Medical Command, National Capital Region, 16 FLRA No. 47 (1984); and Department of the Army, Headquarters Fort Monroe, Virginia, 16 FLRA No. 41 (1984).