Concord Naval Weapons Station and AFGE Local 1931 (Authority decision, September 30, 1982)

Final FLRA representation decision. The Authority resolves an original petition concerning a bargaining unit under 5 U.S.C. §§ 7111 and 7112. The matter involves an appropriate-unit determination; 5 U.S.C. § 7123(a)(2) excludes such orders from the ordinary 60-day court of appeals review provision.

Plain-English summary

Concord Naval Weapons Station sought to exclude five mobile ammunition evaluation and reconditioning positions from an AFGE bargaining unit. The Authority found that their overseas team assignments, schedules, pay, recruitment, and working conditions differed substantially from those of other unit employees. It held that including them would not promote a shared community of interest or effective dealings and excluded all five positions. This original unit petition involved no regional director decision to review.

Decision snapshot

• Authority: 5 U.S.C. § 7111(b)(2).
• Outcome: Five mobile ammunition positions excluded from the unit.
• Key point: Distinct overseas work and employment conditions defeated unit inclusion.

Full text (FLRA public release)

[ v10 p298 ]

10:0298(54)CU

The decision of the Authority follows:

10 FLRA No. 54

DEPARTMENT OF THE NAVY
CONCORD NAVAL WEAPONS STATION
CONCORD, CALIFORNIA
Activity/Petitioner

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1931, AFL-CIO
Labor Organization

Case No. 9-CU-27

DECISION AND ORDER CLARIFYING UNIT

UPON A PETITION DULY FILED UNDER SECTION 7111(B)(2) OF THE FEDERAL
SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE), A HEARING WAS
HELD BEFORE A HEARING OFFICER OF THE AUTHORITY. THE HEARING OFFICER'S
RULINGS MADE AT THE HEARING ARE FREE FROM PREJUDICIAL ERROR AND ARE
HEREBY AFFIRMED.

UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE BRIEFS
FILED BY THE PARTIES, THE AUTHORITY FINDS: THE AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, LOCAL 1931, AFL-CIO (AFGE) IS RECOGNIZED BY THE
ACTIVITY AS THE EXCLUSIVE REPRESENTATIVE OF "ALL CAREER, CAREER
CONDITIONAL, TAPER AND TERM EMPLOYEES WITH REGULARLY SCHEDULED WORK
WEEKS IN THE (1) GRADED EMPLOYEES UNIT (2) UNGRADED EMPLOYEES UNIT AND
(3) FIREFIGHTER UNIT. EXCLUDED FROM THE UNITS ARE ALL MANAGERIAL
OFFICIALS, SUPERVISORY AND PROFESSIONAL EMPLOYEES, AS DEFINED BY THE
INELIGIBLE LIST PROVIDED BY THE CIVILIAN PERSONNEL DEPARTMENT, TEMPORARY
EMPLOYEES, AND INTERMITTENT EMPLOYEES."

ESSENTIALLY, THE ACTIVITY'S AMENDED PETITION SEEKS A DETERMINATION
THAT THE INCUMBENTS OF FIVE MOBILE AMMUNITION EVALUATION AND
RECONDITIONING UNIT (MAERU) POSITIONS /1/ SHOULD BE EXCLUDED FROM AFGE'S
BARGAINING UNIT. THE ACTIVITY TAKES THE PETITION THAT THE DISPUTED
MAERU POSITIONS, WHETHER ENCUMBERED BY THE ACTIVITY'S EMPLOYEES OR
EMPLOYEES FROM OTHER DEPARTMENT OF DEFENSE COMPONENTS, HAVE NEVER BEEN
AND SHOULD NOT BE CONSIDERED A PART OF AFGE'S EXCLUSIVELY RECOGNIZED
UNIT AS THEY DO NOT SHARE A COMMUNITY OF INTEREST WITH OTHER EMPLOYEES
IN THE UNIT AND THEIR INCLUSION WOULD NOT PROMOTE EFFECTIVE DEALINGS OR
EFFICIENCY OF AGENCY OPERATIONS. ON THE OTHER HAND, AFGE CONTENDS ONLY
THAT THE DISPUTED MAERU POSITIONS ARE WITHIN ITS EXCLUSIVELY RECOGNIZED
UNIT BECAUSE THE ACTIVITY SUPERVISES AND SERVICES SUCH EMPLOYEES AND HAS
ULTIMATE RESPONSIBILITY FOR THE PROGRAM IN WHICH THEY PARTICIPATE.

THE RECORD INDICATES THAT THE INCUMBENTS IN THE FIVE DISPUTED MAERU
POSITIONS WORK IN A SPECIAL PROGRAM ADMINISTERED BY THE ACTIVITY'S
COMMANDING OFFICER, WHICH PROGRAM IS DESIGNED TO EVALUATE AND RENOVATE
NAVY AND MARINE CORPS AMMUNITION AT ALLIED AND NATO STORAGE LOCATIONS
OVERSEAS. IN THIS REGARD, AND UNLIKE OTHER EMPLOYEES, THOSE EMPLOYEES
CHOSEN FOR MAERU DUTY ABROAD WORK IN TEAMS WITH LITTLE OR NO
SUPERVISION; OPERATE ON SHIFTS OF TEN HOURS A DAY, SIX DAYS A WEEK;
STAY ABROAD ANYWHERE FROM FOUR TO SIX MONTHS; RECEIVE SPECIAL HAZARD,
OVERTIME AND PER DIEM PAY; ARE EXEMPT FROM FAIR LABOR STANDARDS ACT
COVERAGE; ARE SUBJECT TO VARIOUS HOST COUNTRY SAFETY AND HEALTH
REGULATIONS; AND, IF INVOLVED IN DISCIPLINARY MATTERS ABROAD, ARE SENT
BACK TO THE CONTINENTAL U.S. AND THEIR OVERSEAS ASSIGNMENTS ARE
TERMINATED. IN THIS LATTER REGARD, IT IS UNDISPUTED THAT A HOST COUNTRY
CAN INITIATE AND EFFECTIVELY RECOMMEND SUCH DISCIPLINARY ACTION AGAINST
MAERU PERSONNEL. THE RECORD ALSO INDICATES THAT RECRUITMENT FOR THE
MAERU POSITIONS HEREIN DIFFERS GREATLY FROM THAT OF OTHER POSITIONS IN
THAT SELECTION BOARDS AND PERSONAL INTERVIEWS ARE NOT UTILIZED; RATHER,
RECRUITMENT IS NATIONAL IN SCOPE, UTILIZING UPDATED REGISTERS OF
QUALIFIED PERSONNEL EMPLOYED BY A NUMBER OF DEPARTMENT OF DEFENSE (DOD)
FACILITIES. MOREOVER, MAERU POSITIONS ARE FILLED ONLY WHEN OVERSEAS
WORK IS AVAILABLE AND EMPLOYEES SELECTED FOR SERVICE ARE GUARANTEED A
RETURN TO THEIR FORMER POSITIONS WITHIN THE DOD FACILITIES FROM WHICH
THEY WERE SELECTED. ADDITIONALLY, THE RECORD INDICATES THAT, IN THE
LAST FIVE YEARS, CLOSE TO HALF OF ALL MAERU POSITIONS HAVE BEEN FILLED
BY EMPLOYEES FROM DOD FACILITIES OTHER THAN THE ACTIVITY. FURTHER, THE
MAERU POSITIONS AT ISSUE HEREIN ARE OCCASIONALLY FILLED BY INDIVIDUALS
WHO ARE CLEARLY OUTSIDE AFGE'S EXCLUSIVELY RECOGNIZED UNIT, NAMELY
SUPERVISORS, FOREMEN AND PROFESSIONAL EMPLOYEES.

WHILE THE RECORD IS UNCLEAR AS TO THE REPRESENTATION AFFORDED
INCUMBENTS IN THE DISPUTED MAERU POSITIONS BY AFGE, IT APPEARS THAT AFGE
DOES NOT ROUTINELY ASSIGN STEWARDS TO SUCH EMPLOYEES, AND NO EVIDENCE
WAS PRESENTED AT THE HEARING TO SHOW THAT THE PARTIES INTENDED TO
INCLUDE SUCH MAERU POSITIONS WITHIN THE COVERAGE OF THEIR PREVIOUS
NEGOTIATED AGREEMENTS.

ACCORDINGLY, BASED UPON THE FOREGOING, THE AUTHORITY CONCLUDES,
PURSUANT TO THE REQUIREMENTS OF SECTION 7112(A)(1) OF THE STATUTE, THAT
THE INCUMBENTS IN THE FIVE MAERU POSITIONS IN DISPUTE DO NOT SHARE A
COMMUNITY OF INTEREST WITH OTHER EMPLOYEES IN VIEW OF THEIR UNIQUE
CONDITIONS OF EMPLOYMENT AS SET FORTH ABOVE, AND THAT IT WOULD NOT
PROMOTE EFFECTIVE DEALINGS OR EFFICIENCY OF AGENCY OPERATIONS TO INCLUDE
THEM IN THE UNIT FOR WHICH AFGE IS RECOGNIZED.

ORDER

IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED HEREIN, FOR
WHICH THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1931,
AFL-CIO, HOLDS EXCLUSIVE RECOGNITION, BE, AND IT HEREBY IS, CLARIFIED BY
EXCLUDING FROM SAID UNIT THE FOLLOWING MOBILE AMMUNITION EVALUATION
RECONDITIONING UNIT POSITIONS: SHOP PLANNER/EXPLOSIVES OPERATOR, WD-03;
EXPLOSIVES INSPECTOR, WG-10; EXPLOSIVES OPERATOR, WG-8; EXPLOSIVES
TEST OPERATOR, WG-10; AND EXPLOSIVES TEST OPERATOR, WG-8.

ISSUED, WASHINGTON, D.C., SEPTEMBER 30, 1982

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY

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

/1/ THE FIVE MAERU POSITIONS ARE: SHOP PLANNER/EXPLOSIVES OPERATOR,
WD-03; EXPLOSIVES INSPECTOR, WG-10; EXPLOSIVES OPERATOR, WG-8;
EXPLOSIVES TEST OPERATOR, WG-10; AND EXPLOSIVES TEST OPERATOR, WG-8.