The Alaska Railroad, Federal Railroad Administration, Department of Transportation (Activity) and American Train Dispatchers Association, AFL-CIO (Petitioner) (Authority decision, July 17, 1980)

Interlocutory FLRA representation decision. The Authority directed an election in the unit it found appropriate. Representation remains to be determined after the vote, so this decision does not present a final judicial review period under 5 U.S.C. § 7123(a).

Plain-English summary

A union petitioned to represent Alaska Railroad agents and related employees. The Authority defined an appropriate unit and excluded two positions it found supervisory because they involved independent judgment in directing workers. It directed a secret ballot election for eligible employees to decide representation. The vote and resulting certification remained pending.

Decision snapshot

• Authority: 5 U.S.C. § 7112.
• Outcome: Appropriate unit defined; secret ballot election directed.
• Key point: Supervisory positions were excluded from the voting unit.

Full text (FLRA public release)

[ v03 p651 ]

03:0651(105)RO

The decision of the Authority follows:

3 FLRA No. 105

THE ALASKA RAILROAD, FEDERAL
RAILROAD ADMINISTRATION,
DEPARTMENT OF TRANSPORTATION
Activity

and

AMERICAN TRAIN DISPATCHERS
ASSOCIATION, AFL-CIO
Petitioner

Case No. 9-RO-19

DECISION AND DIRECTION OF ELECTION

UPON A PETITION DULY FILED UNDER SEC. 7111(B)(1) OF THE FEDERAL
SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, 5 U.S.C. 7101-7135 (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 THE SUBJECT CASE, THE AUTHORITY FINDS:

AMERICAN TRAIN DISPATCHERS ASSOCIATION, AFL-CIO (PETITIONER) SEEKS TO
REPRESENT EXCLUSIVELY EMPLOYEES OF THE ALASKA RAILROAD (ACTIVITY) IN A
UNIT DESCRIBED AS: "AGENTS, AGENT-TELEGRAPHERS,
TELEGRAPHERS-CLERK-YARDMASTER, TELEGRAPHERS, AND PRINTER MACHINE AND
TELETYPE OPERATORS, EXCLUDING ALL PROFESSIONAL EMPLOYEES, MANAGEMENT
OFFICIALS, SUPERVISORS, EMPLOYEES DESCRIBED IN 5 U.S.C. 7112(B)(2), (3),
(4), (6) AND (7), AND ALL EMPLOYEES WITH EXCLUSIVE RECOGNITION ON THE
RECORD." /1/ THE ACTIVITY CONTENDS THAT THE PROPOSED UNIT IS NOT
APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION UNDER THE STATUTE,
ESSENTIALLY BECAUSE IT DOES NOT INCLUDE EMPLOYEES WHO SHARE A COMMUNITY
OF INTEREST WITH THE EMPLOYEES WITHIN THE PETITIONED FOR UNIT, AND THAT
SUCH A UNIT WOULD NOT PROMOTE EFFECTIVE DEALINGS OR EFFICIENCY OF AGENCY
OPERATIONS. IN THIS REGARD, THE ACTIVITY CONTENDED THAT THE EMPLOYEES
IN THE SOUGHT UNIT MORE PROPERLY SHOULD BE PART OF A UNIT OF CLERICAL
EMPLOYEES CURRENTLY REPRESENTED EXCLUSIVELY BY AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, LOCAL 183, AFL-CIO (AFGE).

THE ACTIVITY IS ONE OF SEVERAL COMPONENTS OF THE FEDERAL RAILROAD
ADMINISTRATION, WHICH IS PART OF THE DEPARTMENT OF TRANSPORTATION. THE
MISSION OF THE ACTIVITY IS TO PROVIDE TRANSPORTATION FOR PERSONS AND
PROPERTY OF THE GENERAL PUBLIC, CARRY MAIL, AND SUPPORT DEFENSE AND
OTHER GOVERNMENTAL REQUIREMENTS BY OPERATING A RAIL LINE BETWEEN THE
PORTS OF SEWARD AND WHITTIER, THROUGH ANCHORAGE, TO FAIRBANKS, ALASKA.

THE ACTIVITY IS ORGANIZED, UNDER THE OVERALL DIRECTION OF A GENERAL
MANAGER, INTO FOUR STAFF SECTIONS AND SIX DEPARTMENTS, AMONG WHICH IS
THE TRANSPORTATION DEPARTMENT. THE EMPLOYEES IN THE PETITIONED FOR UNIT
ARE ADMINISTRATIVELY ASSIGNED TO THE TRANSPORTATION DEPARTMENT, BUT,
THEY ARE PHYSICALLY LOCATED AT VARIOUS GEOGRAPHIC LOCATIONS THROUGHOUT
THE ACTIVITY'S OPERATION.

THE EMPLOYEES IN THE SOUGHT UNIT HAVE HISTORICALLY BEEN REPRESENTED
IN A SEPARATE BARGAINING UNIT SINCE SOMETIME IN THE 1920'S, APPARENTLY
COINCIDING WITH THE START OF THE ACTIVITY'S OPERATIONS. AT THAT TIME,
THE EXCLUSIVE BARGAINING REPRESENTATIVE OF THESE EMPLOYEES WAS THE ORDER
OF RAILROAD TELEGRAPHERS. SOMETIME IN THE 1960'S, THE ORDER OF RAILROAD
TELEGRAPHERS BECAME PART OF THE TRANSPORTATION AND COMMUNICATION
EMPLOYEES UNION, AND, IN 1969, THE LATTER ORGANIZATION MERGED WITH THE
BROTHERHOOD OF RAILROAD, AIRLINE AND STEAMSHIP CLERKS (BRASC). IN 1978,
THE BRASC DISCLAIMED ANY FURTHER INTEREST IN REPRESENTING THE UNIT.
PRIOR TO THE DISCLAIMER, FOR A PERIOD OF APPROXIMATELY 19 YEARS THE
ACTIVITY HAS MAINTAINED A COLLECTIVE BARGAINING AGREEMENT AND 11
SUPPLEMENTS WITH THE EXCLUSIVE REPRESENTATIVE OF THE PETITIONED FOR
EMPLOYEES. AT THE TIME OF THE HEARING, THE EMPLOYEES IN THE SOUGHT UNIT
WERE THE ONLY EMPLOYEES OF THE ACTIVITY ELIGIBLE TO BE REPRESENTED
EXCLUSIVELY WHO WERE NOT CURRENTLY REPRESENTED BY AN EXCLUSIVE
BARGAINING REPRESENTATIVE.

AS NOTED ABOVE, THE EMPLOYEES IN THE PETITIONED FOR UNIT (HEREIN
CALLED TELEGRAPHERS) ARE ALL ADMINISTRATIVELY ASSIGNED TO THE
TRANSPORTATION DEPARTMENT, UNDER THE DIRECTION OF THE SUPERINTENDENT OF
TRANSPORTATION. WHEREAS, THE CHIEF TRAIN DISPATCHER IS THE FIRST LEVEL
SUPERVISOR FOR ALL THE TELEGRAPHERS, CLERICAL EMPLOYEES OF THE ACTIVITY
HAVE DIFFERENT IMMEDIATE SUPERVISORS. THE RECORD DISCLOSES THAT,
GENERALLY, TELEGRAPHERS ARE ENGAGED IN MAINTAINING RECORDS CONCERNING
ON-TRACK EQUIPMENT, DEMURRAGE, SHIPPING, RECEIVING AND BILLINGS, AND
ALSO DEAL WITH THE PUBLIC WITH REGARD TO INFORMATION AND SALES. IN THIS
REGARD, THE TELEGRAPHERS' FUNCTIONS ARE SIMILAR TO THOSE OF THE
ACTIVITY'S CLERICAL EMPLOYEES, REPRESENTED BY THE AFGE. HOWEVER, THERE
ARE SOME CRITICAL EXISTING AND HISTORICAL DISTINCTIONS BETWEEN THE
CLERKS AND THE TELEGRAPHERS. THE MOST OBVIOUS DISTINCTION IS
HISTORICAL; THAT IS, THAT THE TELEGRAPHERS, UNLIKE ANY OTHER EMPLOYEE,
WERE REQUIRED TO BE EXPERT IN THE TRANSMISSION AND RECEPTION OF MORSE
CODE. ALTHOUGH TECHNOLOGICAL CHANGES HAVE MADE THIS SKILL IRRELEVANT TO
THE JOB, CERTAIN DUTIES, RESPONSIBILITIES AND QUALIFICATIONS IMPOSED ON
THE TELEGRAPHERS AS A CONSEQUENCE OF THIS SKILL STILL REMAIN. FOR
EXAMPLE, UNLIKE CLERKS, TELEGRAPHERS SPEND A SIGNIFICANT PERCENTAGE OF
THEIR WORKING TIME NEAR AND ON TRAINS WHILE CLERICAL WORK IS PERFORMED
EXCLUSIVELY IN OFFICES; TELEGRAPHERS PREPARE AND TRANSMIT TRAIN ORDERS;
AND, THEY ARE REQUIRED TO KNOW, AND ARE EXAMINED ON, THE OPERATING
RULES AND REGULATIONS FOR ON-TRACK EQUIPMENT. PERSONNEL AND LABOR
RELATIONS POLICIES FOR ALL EMPLOYEES OF THE ACTIVITY ARE ESTABLISHED AND
IMPLEMENTED UNDER THE DIRECTION OF THE GENERAL MANAGER BY THE PERSONNEL
DIVISION OF THE ADMINISTRATION DEPARTMENT.

BASED ON ALL THE ABOVE CIRCUMSTANCES, THE AUTHORITY FINDS THAT THE
PETITIONED FOR UNIT ENCOMPASSES ALL EMPLOYEES WHO SHARE A CLEAR AND
IDENTIFIABLE COMMUNITY OF INTEREST. IN THIS REGARD, THE AUTHORITY NOTES
THAT SUCH EMPLOYEES ENJOY A COMMON MISSION, COMMON SUPERVISION,
ESSENTIALLY SIMILAR DUTIES, TRAINING, CLASSIFICATIONS, AND ARE SUBJECT
TO UNIFORM PERSONNEL AND LABOR RELATIONS POLICIES. MOREOVER, CONTRARY
TO THE CONTENTION OF THE ACTIVITY, THE AUTHORITY FINDS THAT SUCH A UNIT
WILL PROMOTE EFFECTIVE DEALINGS AND EFFICIENCY OF AGENCY OPERATIONS. IN
THIS LATTER REGARD, THE AUTHORITY NOTES THAT THIS UNIT HAS HISTORICALLY
RESULTED IN EFFECTIVE DEALINGS, AND NOTES THE TESTIMONY OF THE ACTIVITY
THAT SUCH UNIT WILL NOT INTERFERE WITH THE EFFICIENCY OF AGENCY
OPERATIONS. FINALLY, THE AUTHORITY NOTES THAT THE SOUGHT UNIT IS A
RESIDUAL UNIT OF ALL UNREPRESENTED ELIGIBLE EMPLOYEES OF THE ACTIVITY.

THE ACTIVITY, IN ITS ALTERNATIVE POSITION, ASSERTED THAT IF THE
PETITIONED FOR UNIT WAS FOUND APPROPRIATE, CERTAIN EMPLOYEES SHOULD BE
EXCLUDED THEREFROM BASED ON THEIR EXERCISE OF SUPERVISORY AUTHORITY.
THE PETITIONER DOES NOT AGREE.

THE RECORD DISCLOSES THAT THE EMPLOYEES IN THE PETITIONED FOR UNIT
ARE IN THE PROCESS OF HAVING THEIR JOB TITLES CHANGED TO MORE ACCURATELY
REFLECT THEIR ACTUAL DUTIES. THUS, INSTEAD OF THE JOB TITLES SET FORTH
IN THE DESCRIPTION OF THE PETITIONED FOR UNIT, THE EMPLOYEES WERE TO
RECEIVE, AFTER THE HEARING HEREIN, THE NEW JOB TITLES OF: TRAIN ORDER
CLERK, TICKET AGENT, PASSENGER AGENT, STATION AGENT, AND GENERAL
AGENT/YARDMASTER. THE ACTIVITY, UTILIZING THE PROSPECTIVE JOB TITLES,
CONTENDS THAT TWO EMPLOYEES WHO ARE TO BE CLASSIFIED AS GENERAL
AGENT/YARDMASTER, AND WHO ARE ASSIGNED TO HEALY AND NENANA, ALASKA,
RESPECTIVELY, SHOULD BE EXCLUDED FROM THE UNIT AS SUPERVISORS, THE
RECORD DISCLOSES THAT BOTH DISPUTED EMPLOYEES SPEND A SIGNIFICANT
PORTION OF THEIR TIME DIRECTING THE ACTIVITIES OF OTHER EMPLOYEES. IN
THE CASE OF THE GENERAL AGENT/YARDMASTER ASSIGNED TO NENANA, ALASKA, HE
DIRECTS THE ACTIVITIES OF A TRAIN CREW, AND ALSO THE ACTIVITIES OF OTHER
TELEGRAPHERS AT THAT LOCATION, IN THE ABSENCE OF SPECIFIC ORDERS FROM
THE CHIEF DISPATCHER. IN ADDITION, HE IS AUTHORIZED TO ORDER OVERTIME
WORK. IN THE CASE OF THE GENERAL AGENT/YARDMASTER ASSIGNED TO HEALY,
ALASKA, HE DIRECTS THE ACTIVITIES OF A YARD CREW IN LOADING, UNLOADING
AND SWITCHING CARS. IN ADDITION, HE IS AUTHORIZED TO CHANGE ASSIGNMENTS
OF INDIVIDUAL TRAIN CREW MEMBERS. THE RECORD CLEARLY ESTABLISHES THAT
IN EXERCISING THE AUTHORITY TO DIRECT THE ACTIONS OF OTHER EMPLOYEES,
THE TWO DISPUTED EMPLOYEES CONSISTENTLY EXERCISE INDEPENDENT JUDGEMENT.

SECTION 7103(A)(10) OF THE STATUTE PROVIDES, IN PERTINENT PART:

'SUPERVISOR' MEANS AN INDIVIDUAL EMPLOYED BY AN AGENCY HAVING
AUTHORITY IN THE INTEREST OF

THE AGENCY TO . . . DIRECT, ASSIGN . . . IF THE EXERCISE OF THE
AUTHORITY IS NOT MERELY

ROUTINE OR CLERICAL IN NATURE BUT REQUIRES THE CONSISTENT EXERCISE OF
INDEPENDENT JUDGMENT

. . . (;)

UNDER THESE CIRCUMSTANCES, THE AUTHORITY CONCLUDES THAT THE EMPLOYEES
TO BE CLASSIFIED AS GENERAL AGENCY/YARDMASTER, AND ASSIGNED TO NENANA
AND HEALY, ALASKA, ARE SUPERVISORS WITHIN THE MEANING OF SEC. 7103 OF
THE STATUTE, AND ARE EXCLUDED FROM THE UNIT HEREIN FOUND APPROPRIATE FOR
THE PURPOSE OF EXCLUSIVE RECOGNITION.

ACCORDINGLY, BASED ON ALL THE ABOVE CIRCUMSTANCES, THE AUTHORITY
FINDS THE FOLLOWING UNIT TO BE APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE
RECOGNITION UNDER THE STATUTE:

ALL AGENTS, AGENT-TELEGRAPHERS, TELEGRAPHERS-CLERK-YARDMASTER,
TELEGRAPHERS, AND PRINTER

MACHINE AND TELETYPE OPERATORS, EXCLUDING ALL PROFESSIONAL EMPLOYEES,
MANAGEMENT OFFICIALS,

SUPERVISORS, AND EMPLOYEES DESCRIBED IN 5 U.S.C. SEC. 7112(B)(2),
(3), (4), (6) AND (7).

DIRECTION OF ELECTION

AN ELECTION BY SECRET BALLOT SHALL BE CONDUCTED AMONG THE EMPLOYEES
IN THE UNIT FOUND APPROPRIATE AS EARLY AS POSSIBLE, BUT NOT LATER THAN
60 DAYS FROM THE DATE BELOW. THE APPROPRIATE REGIONAL DIRECTOR SHALL
SUPERVISE THE ELECTION, SUBJECT TO THE AUTHORITY'S RULES AND
REGULATIONS. ELIGIBLE TO VOTE ARE THOSE IN THE UNIT WHO WERE EMPLOYED
DURING THE PAYROLL PERIOD IMMEDIATELY PRECEDING THE DATE BELOW,
INCLUDING EMPLOYEES WHO DID NOT 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 QUIT OR WERE DISCHARGED FOR CAUSE SINCE THE DESIGNATED
PAYROLL PERIOD AND HAVE NOT BEEN REHIRED OR REINSTATED BEFORE THE
ELECTION DATE. THOSE ELIGIBLE SHALL VOTE WHETHER OR NOT THEY DESIRE TO
BE REPRESENTED FOR THE PURPOSE OF EXCLUSIVE RECOGNITION BY THE AMERICAN
TRAIN DISPATCHERS ASSOCIATION, AFL-CIO.

ISSUED, WASHINGTON, D.C., JULY 17, 1980

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY

CERTIFICATE OF SERVICE

COPIES OF THE DECISION AND ORDER OF THE FEDERAL LABOR RELATIONS
AUTHORITY IN THE SUBJECT PROCEEDING HAVE THIS DAY BEEN MAILED TO THE
PARTIES BELOW:

B. C. HILBERT

PRESIDENT, AMERICAN TRAIN DISPATCHERS ASSOCIATION

1401 S. HARLEM AVENUE

BERWYN, ILLINOIS 60402

THOMAS E. BURKWIST

ACTING GENERAL CHAIRMAN

AMERICAN TRAIN DISPATCHERS ASSOCIATION

BOX 2901, TAKLANIKA DRIVE

EAGLE RIVER, ALASKA 99577

EARNEST P. EASTMAN

LABOR RELATIONS OFFICER

THE ALASKA RAILROAD

POUCH 7-2111

ANCHORAGE, ALASKA 99510

ROBERT G. MAYBERRY

REGIONAL DIRECTOR

FEDERAL LABOR RELATIONS AUTHORITY

ROOM 11408

450 GOLDEN GATE AVENUE, BOX 36016

SAN FRANCISCO, CALIFORNIA 94102

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