[ v05 p346 ]
05:0346(47)CU
The decision of the Authority follows:
5 FLRA No. 47 DEPARTMENT OF THE ARMY, HEADQUARTERS, U.S. ARMY ARMAMENT MATERIEL READINESS COMMAND ROCK ISLAND, ILLINOIS Activity and NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 15 Labor Organization/Petitioner Case No. 5-CU-12 DECISION AND ORDER CLARIFYING UNIT UPON A PETITION DULY FILED UNDER SECTION 7111(B)(2) 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 HEARING OFFICER'S RULINGS MADE AT THE HEARING ARE FREE FROM PREJUDICIAL ERROR AND ARE HEREBY AFFIRMED. UPON THE ENTIRE RECORD IN THE SUBJECT CASE, INCLUDING THE ACTIVITY'S BRIEF, THE AUTHORITY FINDS: THE PETITIONER, NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 15, SEEKS TO CLARIFY AN EXISTING EXCLUSIVELY RECOGNIZED UNIT AT THE ACTIVITY WHICH PRESENTLY CONSISTS OF ALL GENERAL SCHEDULE (GS) EMPLOYEES, INCLUDING TEMPORARY EMPLOYEES WITH APPOINTMENTS OF MORE THAN 180 DAYS, TO INCLUDE EMPLOYEES IN THE U. S. ARMY CAREER INTERN PROGRAM WITH DUTY STATION AT THE ACTIVITY. THE PETITIONER CONTENDS THAT WITH THE ADDITION OF THESE EMPLOYEES, THE UNIT WOULD CONTINUE TO BE APPROPRIATE WITHIN THE MEANING OF SECTION 7112(A)(1). /1/ THE ACTIVITY CONTENDS THAT SUCH CRITERIA HAVE NOT BEEN MET AND URGES THAT THE PETITION BE DISMISSED. THE ARMY MATERIEL COMMAND CENTRALIZED INTERN PROGRAM WAS BEGUN AT THE DEPARTMENT OF THE ARMY, HEADQUARTERS, U.S. ARMY ARMAMENT MATERIEL READINESS COMMAND (ARRCOM), IN 1968 AND WAS FULLY IMPLEMENTED IN 1971. THE PROGRAM WAS INITIALLY IDENTIFIED AS THE U.S. ARMY DEVELOPMENT AND READINESS COMMAND (DARCOM) CAREER INTERN PROGRAM AND IN JANUARY 1979, THROUGH AN ORGANIZATIONAL CHANGE, IT BECAME THE DEPARTMENT OF THE ARMY CAREER INTERN PROGRAM. PRESENTLY, THE INTERN PROGRAM AT ARRCOM IS COMPRISED OF APPROXIMATELY 108 INTERNS ASSIGNED TO 9 CAREER PROGRAMS. /2/ THE DEPARTMENT OF THE ARMY HAS A TOTAL OF 20 CAREER INTERN PROGRAMS AND ARRCOM HAS PARTICIPATED IN AS MANY AS 13 OF THEM AT ONE TIME. THE INTERNS ARE HIRED BY THE DARCOM FIELD PLACEMENT OFFICES AND ARE EMPLOYED AND ASSIGNED TO DUTY STATIONS THROUGHOUT THE COUNTRY BY THE U.S. ARMY CIVILIAN TRAINING EDUCATION AND DEVELOPMENT STUDENT DETACHMENT OFFICE. THEY ARE LISTED ON THE STUDENT DETACHMENT'S TABLE OF DISTRIBUTION AND ALLOWANCE. ALL NORMAL FUNDING FOR SALARIES, TRAINING, AND TRAVEL IS PROVIDED BY THE U.S. ARMY HARRY DIAMOND LABORATORIES, ADELPHI, MARYLAND, WHICH SERVES AS THE FINANCIAL AGENT OF THE STUDENT DETACHMENT. THE TRAINING PROGRAM FOR THE DEPARTMENT OF THE ARMY INTERNS IS DEVELOPED AT THE DARCOM LEVEL AND IS APPLIED THROUGHOUT THE ARMY ON A NATIONWIDE BASIS. THE INTERNS ARE REQUIRED TO SIGN A MOBILITY AGREEMENT AS A CONDITION OF EMPLOYMENT WHICH OBLIGATES THEM FOR THE DURATION OF THE TRAINING PROGRAM TO ACCEPT TEMPORARY ASSIGNMENTS AT VARIOUS INSTALLATIONS DURING THAT PERIOD. THE PROGRAM EXTENDS FOR THREE YEARS. THE INTERNS GENERALLY SPEND THE FIRST TWO YEARS IN PROGRAM OF INSTRUCTION (POI) TRAINING WHICH INCLUDES CLASSROOM ATTENDANCE AND ROTATION OF JOB ASSIGNMENTS. (THERE ARE A FEW CAREER PROGRAMS THAT REQUIRE LESS THAN TWO YEARS OF POI TRAINING.) DEPENDING UPON THEIR RESPECTIVE AREA OF TRAINING, INTERNS ARE ASSIGNED TO APPROPRIATE CAREER COORDINATORS WHO BECOME THEIR OVERALL SUPERVISORS. FOR EACH SEGMENT OF TRAINING, THE INTERN IS UNDER A BRANCH OR SECTION SUPERVISOR WHO USUALLY ASSIGNS HIM TO A JOURNEYMAN-TRAINER FOR ASSISTANCE IN LEARNING THE GENERAL DUTIES OF THE PARTICULAR JOB. THE INTERN NORMALLY SPENDS A SHORT PERIOD OF TIME IN EACH RELATED JOB AREA TO GET A GENERAL WORKING KNOWLEDGE OF THE OPERATION. INTERNS ARE CONSIDERED PRIORITY CANDIDATES OVER REGULAR ACTIVITY EMPLOYEES IN REGARD TO THE POI TRAINING COURSES, BUT NOT IN THE CASE OF REGULAR COURSES. IN ORDER TO CHANGE SCHEDULED POI TRAINING REQUIREMENTS FOR INTERNS BY MORE THAN 25%, LOCAL MANAGEMENT MUST HAVE THE APPROVAL OF DARCOM. THE INTERNS ARE RATED ON A DARCOM FORM 2002, A PERFORMANCE RATING WHICH INCLUDES COURSES TAKEN, LEAVE TAKEN, AND NUMBER OF HOURS IN EACH ELEMENT OF TRAINING. THE FORM 2002 IS BASED ON APPRAISALS PREPARED BY THE SUPERVISORS UPON COMPLETION OF EACH TRAINING SEGMENT AND SENT TO DARCOM EVERY SIX MONTHS. SUCH APPRAISALS ARE DIFFERENT FROM THOSE OF REGULAR EMPLOYEES (FULL PERFORMANCE POSITIONS) AND THE INTERNS ARE NOT EXPECTED TO PERFORM AT THE JOURNEYMAN LEVEL. EACH YEAR, REPRESENTATIVES FROM THE DEPARTMENT OF THE ARMY'S STUDENT DETACHMENT OFFICE ALONG WITH A REPRESENTATIVE FROM DARCOM TECHNICAL PLACEMENT OFFICE, COME TO THE ACTIVITY TO CONDUCT SURVEYS OF THE PROGRAM. DIRECTIVES FOR INTERNS FROM THE DEPARTMENT OF THE ARMY AND DARCOM SUPERSEDE LOCAL REGULATIONS. AFTER COMPLETING THE INITIAL TRAINING PERIOD, SOMETIMES IN THE SAME LOCATION, THE INTERNS USUALLY SPEND THE ENTIRE THIRD YEAR OF TRAINING AT THEIR PERMANENT DUTY LOCATION (PDL) AS ADVANCED INTERNS ASSIGNED TO THEIR CHOSEN AREA OF SPECIALITY IN ON-THE-JOB TRAINING WORKING WITH JOURNEYMEN. THE THIRD-YEAR INTERNS DO NOT CHANGE POSITIONS OR JOB DUTIES. FOR THE MOST PART, THEIR DUTIES AND RESPONSIBILITIES ARE IDENTICAL TO, AND THEY WORK SIDE BY SIDE WITH, UNIT EMPLOYEES, ALTHOUGH THE INTERNS DO NOT HAVE JOURNEYMAN GRADES. PDL DETERMINATIONS ARE USUALLY BASED ON NEEDS OF THE VARIOUS POTENTIAL LOCATIONS AND THEIR ABILITY TO PROVIDE ADEQUATE ADVANCED TRAINING, AS WELL AS ON THE PREFERENCES OF THE INTERNS WITH REGARD TO LOCATION AND CAREER SPECIALIZATION. THE RECORD SHOWS THAT ON ONE OCCASION, THE ACTIVITY SOUGHT TO HAVE TWO OF ITS INTERNS REASSIGNED TO THE ACTIVITY, AFTER COMPLETION OF THEIR INITIAL TRAINING BECAUSE OF MANPOWER NEEDS AND FOR THE CONVENIENCE OF THE INTERNS. HOWEVER, THE DEPARTMENT OF THE ARMY FOUND SUCH A REQUEST TO BE INCONSISTENT WITH THE PROGRAM'S PURPOSE REGARDING MOBILITY, AND DENIED THE REQUEST. AS AN ALTERNATIVE, THE THE DEPARTMENT OF THE ARMY SUGGESTED THAT THE INTERNS RESIGN FROM THE PROGRAM AND BE HIRED BY THE ACTIVITY AS REGULAR EMPLOYEES. REDUCTION-IN-FORCE (RIF), OVERTIME AND MERIT PROMOTION REGULATIONS OF THE ACTIVITY DO NOT APPLY TO INTERNS BECAUSE THEY ARE DEPARTMENT OF THE ARMY EMPLOYEES. INTERNS MAY UTILIZE THE ARMY'S REGULAR GRIEVANCE PROCEDURES UNLESS THE GRIEVANCE INVOLVES CHANGES IN THE POI, IN WHICH CASE IT MUST BE HANDLED BY THE DEPARTMENT OF THE ARMY THROUGH DARCOM. DISCIPLINARY ACTIONS MUST BE COORDINATED THROUGH DARCOM FOR APPROVAL PRIOR TO IMPOSITION AND THE DECISIONS AND SANCTIONS MUST THEN BE COORDINATED WITH THE CAREER COORDINATORS. INTERNS ENTER AT THE GS-5 LEVEL, PROGRESS FROM GS-5 TO GS-7 AFTER A YEAR OF SATISFACTORY PERFORMANCE AND FROM GS-7 TO GS-9 AFTER THE SECOND YEAR OF SATISFACTORY PERFORMANCE. PROMOTION PROCEDURES FOR INTERNS ARE NOT CONTROLLED BY LOCAL BUDGETARY FACTORS AND INTERNS ARE NOT IN THE LOCAL AREA OF CONSIDERATION. THE PETITIONER WAS CERTIFIED ON MARCH 18, 1975, AS THE EXCLUSIVE REPRESENTATIVE OF A NONPROFESSIONAL UNIT OF ALL GENERAL SCHEDULE (GS) EMPLOYEES, INCLUDING TEMPORARY EMPLOYEES WITH APPOINTMENTS OF MORE THAN 180 DAYS, EMPLOYED AT THE ACTIVITY. THE RECORD INDICATES THAT AT THE TIME OF THE REPRESENTATION ELECTION, INTERNS WERE INELIGIBLE TO VOTE BECAUSE THEY WERE NOT ON ARRCOM'S REGISTER AND WERE EXCLUDED BY AGREEMENT. AS A RESULT, NO INTERNS VOTED IN THE ELECTION. IT IS THE PETITIONER'S POSITION THAT THE PROPOSED ADDITION TO THE UNIT IS APPROPRIATE, AS THE INTERNS SHARE A CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST WITH THE EMPLOYEES ALREADY IN THE UNIT, AND THEIR ADDITION WILL PROMOTE EFFECTIVE DEALINGS AND EFFICIENCY OF OPERATIONS AT THE ACTIVITY AS WELL. IN SUPPORT OF THIS CONTENTION, THE PETITIONER NOTES THAT ARRCOM IS DELEGATED THE ADMINISTRATIVE AUTHORITY OVER THE INTERNS, INCLUDING THE PROCESSING OF GRIEVANCES; INTERNS AND ARRCOM EMPLOYEES ARE PAID BY THE ROCK ISLAND ARSENAL FINANCE OFFICE; INTERNS ARE ASSIGNED TO ARRCOM VIA PERMANENT CHANGE OF STATION (PCS) MOVE; INTERNS AND ARRCOM EMPLOYEES SHARE COMMON DUTIES, TRAINING CLASSES, AND SUPERVISION; INTERNS ARE "ABSORBED" INTO THE ARRCOM WORK FORCE AFTER COMPLETION OF TRAINING; AND ALL DEPARTMENT OF DEFENSE EMPLOYEES (INTERNS INCLUDED) HAVE THE SAME RIGHTS WITH RESPECT TO GRIEVANCES. IN SUPPORT OF ITS POSITION, THE PETITIONER RELIES ON THE AUTHORITY'S DECISION IN AUTOMATED LOGISTICS MANAGEMENT SYSTEMS ACTIVITY (ALMSA), U.S. ARMY MATERIEL DEVELOPMENT AND READINESS COMMAND (DARCOM), ST. LOUIS, MISSOURI, FLRA CASE NO. 62-5700(CU), WHEREIN AN ACTING REGIONAL DIRECTOR OF THE AUTHORITY CLARIFIED AN EXISTING UNIT BY INCLUDING A GROUP OF DARCOM INTERNS. THE ACTIVITY CONTENDS THAT THE COMMUNITY OF INTEREST BETWEEN INTERNS AND EMPLOYEES ALREADY IN THE UNIT IS LACKING BECAUSE WHILE THERE ARE SUPERFICIAL CHARACTERISTICS COMMON TO BOTH INTERNS AND ARRCOM EMPLOYEES SUCH AS SIMILARITY OF DUTIES, LOCAL TRAINING CLASSES, EQUIPMENT, IMMEDIATE SUPERVISION, AND SERVICING CIVILIAN PERSONNEL OFFICE, INTERNS AND ARRCOM EMPLOYEES ARE SUBJECT TO DIFFERENT MERIT PROMOTION PLANS, ARE IN DISTINCT COMPETITIVE AREAS FOR REDUCTION-IN-FORCE ACTIONS, AND HAVE SEPARATE FUNDING ACCOUNTS. ALSO, IT IS CONTENDED BY THE ACTIVITY THAT THE EFFICIENCY OF THE ACTIVITY'S OPERATIONS WOULD BE IMPAIRED BY THE ADDITION OF THE INTERNS BY REASON OF THE MOBILITY AGREEMENT THEY ARE REQUIRED TO SIGN WHICH CAUSES THE ACTIVITY TO REGARD THEM AS TEMPORARY UNTIL COMPLETION OF THE TRAINING PROGRAM AND UNTIL PERMANENT DUTY LOCATION ASSIGNMENTS ARE MADE BY DARCOM. THE ACTIVITY ARGUES FURTHER THAT THE INCLUSION OF THE INTERNS IN THE BARGAINING UNIT WOULD NOT ENHANCE THE EFFECTIVE DEALINGS OF LABOR-MANAGEMENT RELATIONS BECAUSE DECISIONS REGARDING RIFS AND CHANGES IN THE INTERN PROGRAM WOULD HAVE TO BE MADE AT A LEVEL AT WHICH THE PETITIONER DOES NOT HAVE RECOGNITION. IN ADDITION, IT IS ARGUED THAT LOCAL MANAGEMENT HAS NO AUTHORITY TO NEGOTIATE ANY MATTERS PERTAINING TO THE DEPARTMENT OF THE ARMY INTERN PROGRAM AND FURTHERMORE THERE IS NO HISTORY OF BARGAINING WHICH INCLUDES COVERAGE OF DEPARTMENT OF THE ARMY INTERNS WITH DUTY STATION AT THE ACTIVITY. THE ACTIVITY FURTHER TAKES EXCEPTION TO SOME OF THE PETITIONER'S ARGUMENTS FOR ITS POSITION. THE ASSERTION BY THE PETITIONER THAT ARRCOM HAS BEEN DELEGATED ADMINISTRATIVE AUTHORITY OVER THE DEPARTMENT OF THE ARMY INTERNS, INCLUDING THE PROCESSING OF GRIEVANCES, IS A "HALF-TRUTH," ACCORDING TO THE ACTIVITY, BECAUSE THE ACTIVITY DOES NOT HAVE COMPLETE CONTROL OVER GRIEVANCES INVOLVING THE CAREER PROGRAM. ALTHOUGH OTHER GRIEVANCES ARE ADMINISTERED LOCALLY THROUGH THE REGULAR GRIEVANCE PROCEDURE, THE ACTIVITY STATES THAT THE DEPARTMENT OF ARMY REQUIRES THAT IT BE APPRISED OF THE SITUATION AND THE DECISION. IT FURTHER NOTES THAT ALTHOUGH THE STATEMENT BY THE PETITIONER THAT INTERNS AND ARRCOM EMPLOYEES ARE PAID BY THE FINANCE OFFICE IS TRUE, THE FUNDS FOR THE INTERNS ARE PROVIDED BY THE HARRY DIAMOND LABORATORIES AND THIS SERVICE IS FOR THE CONVENIENCE OF THE INTERNS. THE ASSERTION BY THE PETITIONER THAT THE INTERNS AND ARRCOM EMPLOYEES HAVE COMMON DUTIES, TRAINING CLASSES, AND SUPERVISORS IS ALSO EXPLAINED BY THE ACTIVITY AS NOT CRITICAL TO ITS POSITION THAT THE INTERNS CANNOT PROPERLY BE INCLUDED. THE ACTIVITY STATES THAT THE PRINCIPAL REASON FOR THE DEPARTMENT OF THE ARMY INTERNS' ASSIGNMENT TO ARRCOM IS "TO TRAIN AND NOT TO BE IN A PRODUCTIVE CAPACITY TO FURTHER THE MISSION OF THE AGENCY." THE ACTIVITY CONTENDS THAT THE INTENT IS FOR THE INTERNS TO LEARN AND DEVELOP THEIR ABILITIES, WHEREAS THE DUTY OF THE ARRCOM EMPLOYEES IS TO PRODUCE A COMPLETED ITEM. IT IS ALSO CONTENDED BY THE ACTIVITY THAT INTERNS AND ARRCOM EMPLOYEES DO NOT HAVE COMMON SUPERVISION BECAUSE INTERNS OFTEN ROTATE THROUGH VARIOUS DEPARTMENTS AND ARE UNDER THE TUTELAGE OF THE CAREER MANAGEMENT COORDINATOR. THE ACTIVITY ASSERTS THAT THE INTERNS ARE NOT "ABSORBED" INTO THE ARRCOM WORK FORCE, BUT INSTEAD ARE GENERALLY ASSIGNED TO THEIR PDL AT ANOTHER DEPARTMENT OF THE ARMY INSTALLATION NEAR THE END OF THEIR SECOND YEAR, CONSISTENT WITH THE MOBILITY AGREEMENT. THE ACTIVITY ALSO ARGUES THAT WHILE THE INTERNS CAN PROCEED UNDER THE AGENCY GRIEVANCE PROCEDURE, THEY CANNOT PROCEED UNDER THE NEGOTIATED PROCEDURE, BECAUSE THEY ARE NOT PART OF THE BARGAINING UNIT. FROM THE RECORD, IT IS CLEAR THAT THE FIRST AND SECOND-YEAR INTERNS GENERALLY ARE NOT ASSIGNED TO ANY ONE JOB OR TO ANY PERMANENT JOB LOCATION AND MAY EVEN BE ASSIGNED TO ONE LOCATION FOR CLASSROOM COURSES AND TO ANOTHER FOR A COMBINATION OF COURSEWORK AND JOB TRAINING. THERE IS ALSO EVIDENCE THAT THE JOB TRAINING DURING THIS PERIOD IS VERY GENERAL IN SCOPE AND ALLOWS THE INTERNS TO EXPERIENCE A NUMBER OF JOB DUTIES AS A RESULT OF ROTATING, WITHOUT NECESSARILY MASTERING ANY PARTICULAR POSITION. IN CONTRAST, UNIT EMPLOYEES ARE ASSIGNED TO POSITIONS AT ONE JOB AND GENERALLY ARE NOT TRANSFERRED OR SUBJECT TO TRANSFER TO OTHER LOCATIONS. THUS, DURING THE INITIAL TWO-YEAR PERIOD OF INTERNS' EMPLOYMENT PRIOR TO THE PERMANENT DUTY LOCATION ASSIGNMENT, A COMMUNITY OF INTEREST BETWEEN INTERNS AND UNIT EMPLOYEES IS LACKING, PRIMARILY BECAUSE OF THE MOVEMENT OF INTERNS AS REQUIRED BY THE MOBILITY AGREEMENT AND THE POI TRAINING. DURING THIS TIME THE MOBILITY AGREEMENT AND THE POI REQUIREMENTS SIMILARLY WOULD INTERFERE WITH THE PROMOTION OF EFFECTIVE DEALINGS WITH, AND EFFICIENCY OF THE OPERATIONS OF ARRCOM IF THE INTERNS WERE INCLUDED IN THE UNIT. THEREFORE, IT IS CONCLUDED THAT FIRST AND SECOND-YEAR INTERNS ARE PROPERLY EXCLUDED FROM THE UNIT. THIRD-YEAR INTERNS, HOWEVER, HAVE PERMANENT JOB ASSIGNMENTS AND PERFORM THE SAME DUTIES AS UNIT EMPLOYEES ON A CONSISTENT BASIS. IN ADDITION, THEY ARE ASSIGNED TO THEIR PERMANENT DUTY LOCATIONS AND USUALLY, ALTHOUGH NOT ALWAYS, REMAIN AT THEIR RESPECTIVE LOCATIONS UPON COMPLETION OF THE PROGRAM IF THEY CAN BE ACCOMMODATED. CONSEQUENTLY, THE THIRD-YEAR INTERNS SHARE A CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST WITH THE UNIT EMPLOYEES. FURTHER, THIRD-YEAR INTERNS ARE NOT AFFECTED BY THE MOBILITY AGREEMENT AND THE POI REQUIREMENTS BECAUSE, AS NOTED, THEY HAVE COMPLETED GENERAL TRAINING AND ARE PERMANENTLY ASSIGNED. THEREFORE, THE INCLUSION OF THIRD-YEAR INTERNS IN THE UNIT WOULD PROMOTE EFFECTIVE DEALINGS AND EFFICIENCY OF AGENCY OPERATIONS. THE AUTHORITY ACCORDINGLY CONCLUDES THAT THE UNIT WOULD CONTINUE TO BE APPROPRIATE WITHIN THE MEANING OF SECTION 7112(A)(1) BY INCLUDING THE THIRD-YEAR ADVANCED INTERNS, AND IT SHALL BE SO DIRECTED. FURTHER, AUTOMATED LOGISTICS MANAGEMENT SYSTEMS ACTIVITY (ALMSA), U.S. ARMY MATERIEL DEVELOPMENT AND READINESS COMMAND (DARCOM), ST. LOUIS, MISSOURI, CASE NO. 62-5700(CU), WHEREIN THE AUTHORITY DENIED A REQUEST FOR REVIEW OF AN ACTING REGIONAL ADMINISTRATOR'S DECISION WHICH CLARIFIED A UNIT BY INCLUDING DARCOM INTERNS, DOES NOT REQUIRE A DIFFERENT RESULT. IN REACHING THAT CONCLUSION, IT WAS NOTED THAT AT LEAST TWO OF THE INTERNS IN QUESTION HAD VOTED IN THE ELECTION WHICH ULTIMATELY RESULTED IN THE CERTIFICATION OF THE INCUMBENT UNION. ALTHOUGH IT APPEARED THAT NO REPRESENTATIONAL ACTIVITIES HAD EVER BEEN UNDERTAKEN ON BEHALF OF THE INTERNS (WITH THE EXCEPTION OF FILING ONE UNRESOLVED GRIEVANCE NOT UNDER THE NEGOTIATED AGREEMENT), IT APPEARED THAT ALMSA INTERNS HAD BEEN INCLUDED IN THE ORIGINAL UNIT DESCRIPTION. ON THAT BASIS THE ACTING REGIONAL ADMINISTRATOR CLARIFIED THE UNIT TO INCLUDE THEM, NOTING THEY SHOULD HAVE BEEN PART OF THE UNIT FROM THE TIME OF THE ORIGINAL CERTIFICATION. JUST PRIOR TO THE TIME OF THE ELECTION IN THE CITED CASE, THE ALMSA INTERNS HAD BEEN RECLASSIFIED AS DARCOM INTERNS AND THE PROGRAM HAD BEEN EXTENDED FROM TWO TO THREE YEARS. TO THE CONTRARY, THE DEPARTMENT OF THE ARMY INTERNS IN THE INSTANT CASE WERE INTENDED NOT TO BE INCLUDED IN THE UNIT ORIGINALLY, AS THEY WERE EXCLUDED BY AGREEMENT. IT IS NOTED ESPECIALLY THAT THE UNIT OF RECOGNITION REPRESENTED BY THE PETITIONER, SOUGHT TO BE CLARIFIED HEREIN BY INCLUDING THE INTERNS, DID NOT INCLUDE THE INTERNS AT THE TIME OF THE INITIAL ELECTION AND CERTIFICATION. ORDER IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED, IN WHICH EXCLUSIVE RECOGNITION WAS GRANTED TO THE NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 15, ON MARCH 18, 1975, AT THE DEPARTMENT OF THE ARMY, HEADQUARTERS, U.S. ARMY ARMAMENT MATERIEL READINESS COMMAND, ROCK ISLAND, ILLINOIS, BE, AND IT HEREBY IS, CLARIFIED BY INCLUDING IN SAID UNIT THE THIRD-YEAR NONPROFESSIONAL ADVANCED INTERNS ASSIGNED ON PERMANENT DUTY LOCATION. ISSUED, WASHINGTON, D.C., MARCH 20, 1981 RONALD W. HAUGHTON, CHAIRMAN HENRY B. FRAZIER III, MEMBER LEON B. APPLEWHAITE, MEMBER FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES$ --------------- /1/ SEC. 7112. DETERMINATION OF APPROPRIATE UNITS FOR LABOR ORGANIZATION REPRESENTATION "(A)(1) THE AUTHORITY SHALL DETERMINE THE APPROPRIATENESS OF ANY UNIT. THE AUTHORITY SHALL DETERMINE IN EACH CASE WHETHER, IN ORDER TO ENSURE EMPLOYEES THE FULLEST FREEDOM IN EXERCISING THE RIGHTS GUARANTEED UNDER THIS CHAPTER, THE APPROPRIATE UNIT SHOULD BE ESTABLISHED ON AN AGENCY, PLANT, INSTALLATION, FUNCTIONAL, OR OTHER BASIS AND 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/ AT THE HEARING, THE PARTIES AGREED THAT THOSE INTERNS ASSIGNED TO PROGRAMS IN PROFESSIONAL FIELDS ARE NOT CONSIDERED IN THE INSTANT CASE BECAUSE THE ACTIVITY'S PROFESSIONAL EMPLOYEES ARE PRESENTLY BEING REPRESENTED BY THE NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES (NAGE), LOCAL R-768.