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56 FLRA No. 47
U.S. Department of the Navy Commander, Naval Base Norfolk, Virginia and National Association of Government Employees, Local R4-1, SEIU, AFL-CIO, WA-RP-80061 (Decided May 5, 2000)
The Authority granted the Union's application for review of the Regional Director's (RD's) decision dismissing the Union's petition. The question before the Authority was how should it assess the effect on bargaining units of reorganizations that modify portions of the chains of command at managerial levels, but do not affect the day-to-day working conditions of bargaining unit employees.
The Authority held that in cases involving agency reorganizations, where there are competing claims of successorship, the Authority will first evaluate the proposed bargaining units that will most fully preserve the status quo in terms of bargaining unit structure and the relationship of employees to their chosen exclusive representative. The Authority further held that a change in an agency's chain of command does not, by itself, render an existing unit inappropriate. Rather, the Authority will evaluate how such a change has affected each of the three criteria for appropriate units, as applied to the existing unit and any proposed, new units. The Authority also found with respect to the petition at issue here that there was insufficient record evidence to determine whether the existing unit remained appropriate. Accordingly, the case was remanded to the RD for further findings consistent with this decision.