Red River Army Depot and National Association of Government Employees Local R14-52 (Authority decision, March 12, 1985)

Final FLRA representation decision. This order dismisses a representation petition and ends the proceeding before the Authority. It determines whether the proposed bargaining unit is appropriate under 5 U.S.C. § 7112. Section 7123(a)(2) expressly excludes an Authority order involving an appropriate-unit determination under § 7112 from the 60-day judicial-review provision in § 7123(a).

Plain-English summary

NAGE sought an election for a unit combining nonappropriated fund employees at Red River Army Depot with workers at a nearby central payroll office. The payroll office had a separate mission, command, supervision, location, and promotion and reduction-in-force areas. The Authority found that its employees lacked a clear community of interest with the depot employees. Because the union would not accept a unit without the payroll workers, the Authority dismissed the petition.

Decision snapshot

• Authority: Community-of-interest requirement under 5 U.S.C. § 7112(a)(1).
• Outcome: Representation petition dismissed.
• Key point: Separate command and employment conditions made the proposed combined unit inappropriate.

Full text (FLRA public release)

[ v17 p216 ]

17:0216(31)RO

The decision of the Authority follows:

17 FLRA No. 31

RED RIVER ARMY DEPOT
TEXARKANA, TEXAS
Activity

and

NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R14-52, SEIU
(AFL-CIO, CLC)
Labor Organization/Petitioner

Case No. 6-RO-30007

DECISION AND ORDER

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 hearing officers of the Authority. The hearing officers' rulings made at the hearing are free from prejudicial error and are hereby affirmed. /1A/

Upon the entire record in this case, the Authority finds: The Petitioner, National Association of Government Employees, Local R14-52, SEIU (AFL-CIO, CLC), seeks an election in a unit composed of all nonappropriated fund (NAF) employees at the Red River Army Depot (Depot) in Texarkana, Texas including the NAF employees in the Central Nonappropriated Fund Payroll Office (CNPO). The Activity contends that the unit sought is inappropriate, as it seeks to join the employees of the CNPO in a unit with the NAF Depot employees. The Petitioner will not accept any unit of nonappropriated fund employees that does not include the CNPO employees.

The Depot is under the command of the Army Materiel Development and Readiness Command (DARCOM). According to the record, NAF Depot employees are located within three Depot directorates: Administration and Services, Resource Management, and Management Information Services. They are engaged in work including accounting, food and beverage service, recreational services, and computer operations. While most of the Depot's NAF employees perform functions affecting only the Depot, the employees of the Central Accounting Branch of the Resource Management Directorate operate an accounting system for NAF activities throughout DARCOM, including the Depot. All NAF employees of the Depot report in the chain of command to the Depot Commander.

By contrast, the CNPO is considered a tenant organization of the Depot, and is under the direct command of the Assistant Comptroller of the Army (ACOA) rather than DARCOM. Its function is to provide payroll services for nonappropriated fund employees worldwide, except Korea. Unlike the other employees in the petitioned-for unit, the CNPO employees are physically located some 18 miles from the Depot and do not report to the Depot Commander. In addition, unlike the other NAF employees at the Depot, CNPO employees are in a separate area of consideration for merit promotion purposes and a separate competitive area for reductions-in-force. While CNPO receives some personnel support such as record-keeping and storage from the NAF Personnel Office at the Depot pursuant to an Inter-Service Support Agreement with the ACOA, the personnel policies, practices and matters affecting the working conditions of CNPO employees are established by the ACOA.

Based upon the foregoing, the Authority concludes that the employees in the CNPO do not share a clear and identifiable community of interest with the NAF employees located at the Depot, and that the unit sought, which would include CNPO employees with the NAF Depot employees, is not appropriate under section 7112(a)(1) of the Statute. /1/ In this regard, it is noted particularly that CNPO has a mission which is separate and distinct from the NAF functions at the Depot; that the CNPO employees are separately considered for merit promotion and RIF purposes; and that the CNPO employees are under separate supervision and a separate command than the other employees in the petitioned-for unit. Accordingly, the Authority concludes that the petitioned-for unit is not appropriate for exclusive recognition under section 7112(a)(1) of the Statute and the petition shall therefore be dismissed. /2/

ORDER

IT IS ORDERED that the petition in Case No. 6-RO-30007 be, and it hereby is, dismissed.

Issued, Washington, D.C., March 12, 1985

Henry B. Frazier III, Acting
Chairman
William J. McGinnis, Jr., Member
FEDERAL LABOR RELATIONS AUTHORITY

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

/1A/ On April 6, 1984, the Authority issued an Order Remanding Case to the Regional Director for the purpose of reopening the hearing and developing a full and complete record in this proceeding, as the record initially contained insufficient facts and evidence upon which to decide the issues presented.

/1/ Section 7112(a)(1) provides in pertinent part:

Sec. 7112. Determination of appropriate units for labor organization representation

(a)(1) The Authority 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.

/2/ In order to be found appropriate, a proposed unit must meet all of the three criteria for appropriateness established in section 7112(a)(1) of the Statute; a failure to satisfy any one of them must result in a finding that the unit sought is inappropriate. Department of the Navy, Navy Publications and Printing Service Branch Office, Vallejo, California, 10 FLRA 659 (1982); United States Army Corps of Engineers, Fort Worth District, Somerville Project Office, 15 FLRA No. 160 (1984).