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 5 FLRA No. 85
 
 DEFENSE MAPPING AGENCY
 INTER-AMERICAN GEODETIC SURVEY
 Activity
 
 and
 
 PANAMA DOD EMPLOYEES COALITION,
 AFL-CIO, CTRP (AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, LOCAL 14,
 AFL-CIO)
 Petitioner
 
 and
 
 NATIONAL MARITIME UNION OF
 AMERICA, AFL-CIO
 Intervenor
 
                                            Case No. 6-RO-60
 
                    DECISION AND DIRECTION OF ELECTION
 
    UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
 UNDER SECTION 7111(B) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 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.
 
    AT THE HEARING THE PETITIONER, AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 14, AFL-CIO (AFGE LOCAL 14), MOVED TO AMEND ITS
 PETITION TO CHANGE THE NAME OF THE PETITIONER TO PANAMA DOD EMPLOYEES
 COALITION, AFL-CIO, CTRP (THE COALITION).  THE COALITION, WHICH WAS
 ESTABLISHED AFTER THE FILING OF THE INITIAL PETITION BUT BEFORE THE
 HEARING, IS COMPOSED OF THREE SEPARATE AND DISTINCT AFL-CIO AFFILIATED
 "LABOR ORGANIZATIONS" WITHIN THE MEANING OF SECTION 7103(A)(4) OF THE
 STATUTE WHICH CONTINUE TO EXIST AS SEPARATE ENTITIES, EACH WITH ITS OWN
 ELECTED OFFICERS, CONSTITUTION, AND BYLAWS, AND EACH HAVING HISTORICALLY
 REPRESENTED DEPARTMENT OF DEFENSE EMPLOYEES IN THE CANAL ZONE.  THE
 THREE ARE AFGE LOCAL 14;  AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 LOCAL 1805, AFL-CIO (AFGE LOCAL 1805);  AND LOCAL 907, AMERICAN
 FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO (AFSCME
 LOCAL 907).  THE STATED PURPOSE OF THE COALITION IS TO SECURE COLLECTIVE
 BARGAINING RIGHTS FOR ALL EMPLOYEES OF DOD AGENCIES OPERATING IN THE
 REPUBLIC OF PANAMA AND TO IMPROVE THEIR WAGES, HOURS, AND CONDITIONS OF
 EMPLOYMENT.
 
    THE AUTHORITY VIEWS AFGE LOCAL 14'S MOTION AS A PRE-ELECTION
 STATEMENT OF INTENT TO PERMIT TWO OTHER AFL-CIO UNIONS TO JOINTLY SEEK
 CERTIFICATION WITH IT. UNDER THESE CIRCUMSTANCES, THE MOTION OF AFGE
 LOCAL 14 TO CHANGE THE NAME OF THE PETITIONER IS GRANTED.  IN GRANTING
 THE MOTION, HOWEVER, THE AUTHORITY ORDERS THAT, BEFORE ELECTIONS MAY BE
 HELD IN THE UNIT OR UNITS FOUND APPROPRIATE INFRA, THERE MUST BE A NEW
 POSTING OF NOTICE OF PETITION PURSUANT TO SECTION 2422.4(A) OF THE
 AUTHORITY'S RULES AND REGULATIONS IN ORDER TO INFORM EMPLOYEES OF THE
 CHANGE IN THE IDENTITY OF THE PETITIONER.  THUS, THE EMPLOYEES WILL HAVE
 PRE-ELECTION KNOWLEDGE OF THE PETITIONER'S INTENTION REGARDING JOINT
 CERTIFICATION AND WILL BE ABLE TO VOTE ACCORDINGLY.
 
    THE COALITION, IN ITS PETITION AS AMENDED, SEEKS TO REPRESENT A
 RESIDUAL UNIT OF "ALL PROFESSIONAL AND NON-PROFESSIONAL EMPLOYEES AND
 TECHNICIANS SERVED BY INTER-AMERICAN GEODETIC SURVEY HEADQUARTERS
 LOCATED IN PANAMA," EXCLUDING MANAGEMENT OFFICIALS, SUPERVISORS,
 PERSONNEL OFFICERS, AND EMPLOYEES DESCRIBED IN SECTION
 7112(B)(2),(3),(4),(6) AND (7) OF THE STATUTE.  ALL OF THE PARTIES ARE
 IN AGREEMENT, AND THE AUTHORITY FINDS, SUBJECT TO THE RESULT OF THE SELF
 DETERMINATION ELECTION ORDERED INFRA, THAT THIS UNIT IS APPROPRIATE.
 /1/ HOWEVER, THE COALITION, IN ITS POST HEARING BRIEF, CONTENDS THAT
 TEMPORARY (SOMETIMES REFERRED TO BY THE PARTIES AS CASUAL) EMPLOYEES
 SHOULD BE EXCLUDED FROM THE UNIT BECAUSE THEY HAVE NO EXPECTANCY OF
 CONTINUED EMPLOYMENT AND THUS DO NOT SHARE A COMMUNITY OF INTEREST WITH
 OTHER EMPLOYEES COVERED BY THE PETITION. /2/
 
    WITH REGARD TO TEMPORARY EMPLOYEES, THE RECORD INDICATES THAT THE
 ACTIVITY MAINTAINS A ROSTER OF A LARGE NUMBER OF TEMPORARY LABORERS AND
 DRIVERS WHO ARE USED AT VARIOUS TIMES DURING THE YEAR TO SUPPORT THE
 ACTIVITIES OF THE CARTOGRAPHIC SCHOOL, ONE OF THE ACTIVITY'S COMPONENTS
 IN PANAMA.  THESE INDIVIDUALS ARE HIRED IN SENIORITY ORDER ONLY FOR
 BRIEF AND SPECIFIC PERIODS OF FROM LESS THAN 10 BUT NOT MORE THAN 60
 DAYS. AT ANY GIVEN TIME, THE NUMBER OF TEMPORARIES HIRED MAY VARY FROM
 FOUR TO 25 DEPENDING UPON THE ACTIVITY'S NEED FOR THEIR SERVICES.  THE
 RECORD FURTHER REVEALS THAT SUCH EMPLOYEES HAVE NO OPPORTUNITY FOR
 PERMANENT EMPLOYMENT WITH THE ACTIVITY AND RECEIVE BENEFITS (SUCH AS
 LIFE INSURANCE, RETIREMENT AND PAID LEAVE) NOT FROM THE UNITED STATES
 GOVERNMENT BUT ONLY FROM THE GOVERNMENT OF PANAMA WITH WHICH THEY MUST
 BE REGISTERED.  UNDER THESE CIRCUMSTANCES, THE AUTHORITY FINDS THAT THE
 TEMPORARY EMPLOYEES HAVE NO COMMUNITY OF INTEREST WITH THE EMPLOYEES
 WITHIN THE STIPULATED UNIT, AND MUST BE EXCLUDED.
 
    ACCORDINGLY, BASED ON ALL OF THE FOREGOING, THE AUTHORITY FINDS,
 SUBJECT TO THE RESULT OF THE SELF DETERMINATION ELECTION ORDERED INFRA,
 THE FOLLOWING UNIT TO BE APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE
 RECOGNITION UNDER THE STATUTE:
 
    ALL PROFESSIONAL AND NON-PROFESSIONAL EMPLOYEES AND TECHNICIANS
 SERVED BY INTER-AMERICAN
 
    GEODETIC SURVEY HEADQUARTERS LOCATED IN PANAMA, EXCLUDING ALL
 TEMPORARY EMPLOYEES, MANAGEMENT
 
    OFFICIALS /3/ ,SUPERVISORS /4/ , PERSONNEL OFFICERS /5/ , AND
 EMPLOYEES AS DESCRIBED IN
 
    SECTION 7112(B)(2),(3),(4), (6) AND (7) OF THE STATUTE.
 
    IT IS NOTED THAT THIS UNIT INCLUDES PROFESSIONAL EMPLOYEES.  THE
 PARTIES STIPULATED THAT ALL EMPLOYEES IN THE CARTOGRAPHIC SERIES 1370
 AND 1372, WITH THE EXCEPTION OF ONE CARTOGRAPHIC/GEODETIC INSTRUCTOR
 1370 NAMED WITTINGHAM, ARE PROFESSIONAL EMPLOYEES WITHIN THE MEANING OF
 SECTION 7103(A)(15) OF THE STATUTE.  /6/ THE COALITION AND THE ACTIVITY
 FURTHER AGREE THAT THE INCUMBENTS IN THE CLASSIFICATION OF INTERPRETER
 1047, DHOO ARE NOT PROFESSIONAL EMPLOYEES WITHIN THE MEANING OF SECTION
 7103(A)(15) OF THE STATUTE, BUT THE INTERVENOR NATIONAL MARITIME UNION
 OF AMERICA, AFL-CIO, CONTENDS THAT THE AUTHORITY SHOULD RULE ON THE
 STATUS OF THESE EMPLOYEES.  THE RECORD INDICATES THAT THE JOB OF
 INTERPRETER INVOLVES A SIMULTANEOUS TRANSLATION AND INTERPRETATION OF
 THE CLASSES BEING HELD AT THE CARTOGRAPHIC SCHOOL INTO THE NATIVE
 LANGUAGE OF THE STUDENTS INVOLVED.  WHILE THERE IS A REQUIREMENT THAT
 THE INTERPRETERS HAVE SOME KNOWLEDGE OF THE COURSES BEING TAUGHT AS WELL
 AS NUMEROUS YEARS OF STUDYING A PARTICULAR LANGUAGE, A COLLEGE DEGREE IS
 NOT REQUIRED.  ACCORDINGLY, THE AUTHORITY FINDS THAT THE EMPLOYEES IN
 THE CLASSIFICATION OF INTERPRETER 1047, DHOO ARE NOT PROFESSIONAL
 EMPLOYEES WITHIN THE MEANING OF SECTION 7103(1)(15)(A)(I) OF THE STATUE.
 
    AS PRESCRIBED BY SECTION 7112(B)(5) OF THE STATUTE, THE AUTHORITY IS
 PROHIBITED FROM INCLUDING PROFESSIONAL EMPLOYEES IN A UNIT WITH
 NON-PROFESSIONAL EMPLOYEES UNLESS A MAJORITY OF THE PROFESSIONAL
 EMPLOYEES VOTE FOR INCLUSION IN SUCH A UNIT.  ACCORDINGLY, THE DESIRE OF
 THE PROFESSIONAL EMPLOYEES AS TO INCLUSION IN A UNIT WITH
 NON-PROFESSIONAL EMPLOYEES MUST BE ASCERTAINED BY A SELF DETERMINATION
 ELECTION.  THE AUTHORITY THEREFORE, DIRECTS SEPARATE ELECTIONS IN THE
 FOLLOWING GROUPS:
 
    VOTING GROUP (A):  ALL PROFESSIONAL EMPLOYEES SERVED BY
 INTER-AMERICAN GEODETIC SURVEY
 
    HEADQUARTERS LOCATED IN PANAMA, EXCLUDING ALL NON-PROFESSIONAL
 EMPLOYEES AND TECHNICIANS,
 
    TEMPORARY EMPLOYEES, MANAGEMENT OFFICIALS, SUPERVISORS, PERSONNEL
 OFFICERS, AND EMPLOYEES AS
 
    DESCRIBED IN SECTION 7112(B)(2),(3),(4),(6) AND (7) OF THE STATUTE.
 
    VOTING GROUP (B):  ALL NON-PROFESSIONAL EMPLOYEES AND TECHNICIANS
 SERVED BY INTER-AMERICAN
 
    GEODETIC SURVEY HEADQUARTERS LOCATED IN PANAMA, EXCLUDING ALL
 PROFESSIONAL EMPLOYEES,
 
    TEMPORARY EMPLOYEES, MANAGEMENT OFFICIALS, SUPERVISORS, PERSONNEL
 OFFICERS, AND EMPLOYEES AS
 
    DESCRIBED IN SECTION 7112(B)(2),(3),(4),(6), AND (7) OF THE STATUTE.
 
    THE EMPLOYEES IN THE NON-PROFESSIONAL VOTING GROUP (B) WILL BE POLLED
 AS TO WHETHER THEY DESIRE TO BE REPRESENTED BY THE PANAMA DOD EMPLOYEES
 COALITION, AFL-CIO, CTRP;  BY THE NATIONAL MARITIME UNION OF AMERICA,
 AFL-CIO;  OR BY NEITHER.
 
    THE EMPLOYEES IN THE PROFESSIONAL VOTING GROUP (A) WILL BE ASKED TWO
 QUESTIONS ON THEIR BALLOTS:  (1) WHETHER THEY WISH TO BE INCLUDED WITH
 THE NON-PROFESSIONAL EMPLOYEES FOR THE PURPOSE OF EXCLUSIVE RECOGNITION,
 AND (2) WHETHER THEY WISH TO BE REPRESENTED FOR THE PURPOSE OF EXCLUSIVE
 RECOGNITION BY THE PANAMA DOD EMPLOYEES COALITION, AFL-CIO, OF EXCLUSIVE
 RECOGNITION BY THE PANAMA DOD EMPLOYEES COALITION, AFL-CIO, CTRP;  BY
 THE NATIONAL MARITIME UNION OF AMERICA, AFL-CIO;  OR BY NEITHER.  IN THE
 EVENT THAT A MAJORITY OF THE VALID VOTES IN VOTING GROUP (A) IS CAST IN
 FAVOR OF INCLUSION IN THE SAME UNIT WITH THE NON-PROFESSIONAL EMPLOYEES,
 THE BALLOTS OF VOTING GROUP (A) SHALL BE COMBINED WITH THOSE OF VOTING
 GROUP (B).
 
    UNLESS A MAJORITY OF THE VALID VOTES OF VOTING GROUP (A) IS CAST FOR
 INCLUSION IN THE UNIT WITH NON-PROFESSIONAL EMPLOYEES, THEY WILL BE
 TAKEN TO HAVE INDICATED THEIR DESIRE TO CONSTITUTE A SEPARATE UNIT, AND
 AN APPROPRIATE CERTIFICATION WILL BE ISSUED INDICATING THEIR CHOICE FOR
 THE PURPOSE OF EXCLUSIVE RECOGNITION BY THE PANAMA DOD EMPLOYEES
 COALITION, AFL-CIO, CTRP;  BY THE NATIONAL MARITIME UNION OF AMERICA,
 AFL-CIO;  OR BY NEITHER.
 
    THUS, THE UNIT DETERMINATION IN THIS CASE IS BASED IN PART UPON THE
 RESULT OF THE ELECTION AMONG THE PROFESSIONAL EMPLOYEES.  IN THIS
 REGARD, THE AUTHORITY MAKES THE FOLLOWING FINDINGS WITH REGARD TO THE
 APPROPRIATE UNIT:
 
    1.  IF A MAJORITY OF THE PROFESSIONAL EMPLOYEES VOTE FOR INCLUSION IN
 THE UNIT WITH NON-PROFESSIONAL EMPLOYEES, THE FOLLOWING EMPLOYEES
 CONSTITUTE A UNIT APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION
 WITHIN THE MEANING SECTION 7112 OF THE STATUTE:
 
    ALL PROFESSIONAL AND NON-PROFESSIONAL EMPLOYEES AND TECHNICIANS
 SERVED BY INTER-AMERICAN
 
    GEODETIC SURVEY HEADQUARTERS LOCATED IN PANAMA, EXCLUDING ALL
 TEMPORARY EMPLOYEES, MANAGEMENT
 
    OFFICIALS, SUPERVISORS, PERSONNEL OFFICERS, AND EMPLOYEES AS AS
 DESCRIBED IN SECTION
 
    7112(B)(2),(3),(4),(6), AND (7) OF THE STATUTE.
 
    2. IF A MAJORITY OF THE PROFESSIONAL EMPLOYEES DO NOT VOTE FOR
 INCLUSION IN A UNIT WITH NON-PROFESSIONAL EMPLOYEES, THE FOLLOWING TWO
 GROUPS OF EMPLOYEES CONSTITUTE SEPARATE UNITS APPROPRIATE FOR THE
 PURPOSE OF EXCLUSIVE RECOGNITION WITHIN THE MEANING OF SECTION 7112 OF
 THE STATUTE:
 
    (A) ALL PROFESSIONAL EMPLOYEES SERVED BY INTER-AMERICAN GEODETIC
 SURVEY HEADQUARTERS
 
    LOCATED IN PANAMA, EXCLUDING ALL NON-PROFESSIONAL EMPLOYEES AND
 TECHNICIANS, TEMPORARY
 
    EMPLOYEES, MANAGEMENT OFFICIALS, SUPERVISORS, PERSONNEL OFFICERS, AND
 EMPLOYEES AS DESCRIBED
 
    IN SECTION 7112(B )(2),(3),(4),(6), AND (7) OF THE STATUTE.
 
    (B) ALL NON-PROFESSIONAL EMPLOYEES AND TECHNICIANS SERVED BY
 INTER-AMERICAN GEODETIC SURVEY
 
    HEADQUARTERS LOCATED IN PANAMA, EXCLUDING ALL PROFESSIONAL EMPLOYEES,
 TEMPORARY EMPLOYEES,
 
    MANAGEMENT OFFICIALS, SUPERVISORS, PERSONNEL OFFICERS, AND EMPLOYEES
 AS DESCRIBED IN SECTION
 
    7112(B)(2),(3),(4),(6), AND (7) OF THE STATUTE.
 
                           DIRECTION OF ELECTION
 
    SUBJECT TO THE PREREQUISITE THAT THE NOTICE OF PETITION HEREIN BE
 REPOSTED PURSUANT TO SECTION 2422.4(A) OF THE AUTHORITY'S RULES AND
 REGULATIONS, ELECTIONS BY SECRET BALLOT SHALL BE CONDUCTED AMONG
 EMPLOYEES IN THE VOTING GROUPS DESCRIBED ABOVE, AS EARLY AS POSSIBLE,
 BUT NOT LATER THAN 60 DAYS FROM THE CONCLUSION OF THE ABOVE-REFERENCED
 POSTING PERIOD.  THE APPROPRIATE REGIONAL DIRECTOR SHALL SUPERVISE THE
 ELECTIONS, SUBJECT TO THE AUTHORITY'S RULES AND REGULATIONS.  ELIGIBLE
 TO VOTE ARE THOSE IN THE VOTING GROUPS WHO WERE EMPLOYED DURING THE
 PAYROLL PERIOD IMMEDIATELY PRECEDING THE DATE BELOW, INCLUDING EMPLOYEES
 WHO DID NOT WORK DURING THE PERIOD BECAUSE THEY WERE OUT ILL, OR ON
 VACATION OR FURLOUGH, INCLUDING THOSE IN THE MILITARY SERVICE WHO APPEAR
 IN PERSON AT THE POLLS.  INELIGIBLE TO VOTE ARE EMPLOYEES WHO HAVE QUIT
 OR WERE DISCHARGED FOR CAUSE SINCE THE DESIGNATED PAYROLL PERIOD AND WHO
 HAVE NOT BEEN REHIRED OR REINSTATED BEFORE THE ELECTION DATE.  THOSE
 ELIGIBLE TO VOTE WITHIN THE APPROPRIATE UNIT OR UNITS SHALL VOTE WHETHER
 THEY DESIRE TO BE REPRESENTED FOR THE PURPOSE OF EXCLUSIVE RECOGNITION
 BY THE PANAMA DOD EMPLOYEES COALITION, AFL-CIO, CTRP;  BY THE NATIONAL
 MARITIME UNION OF AMERICA, AFL-CIO;  OR BY NEITHER.
 
    ISSUED, WASHINGTON, D.C.,MAY 15, 1981
 
                       RONALD W. HAUGHTON, CHAIRMAN
                       HENRY B. FRAZIER III, MEMBER
                       LEON B. APPLEWHAITE, MEMBER
                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ IN THIS REGARD, THE AUTHORITY NOTES THAT THE PANAMA CANAL ACT OF
 1979 SPECIFICALLY EXTENDED COVERAGE OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE TO, AMONG OTHERS, EMPLOYEES OF
 EXECUTIVE AGENCIES OPERATING IN THE AREA OF THE REPUBLIC OF PANAMA.
 
    /2/ 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.
 
    /3/ THE PARTIES STIPULATED THAT THE INCUMBENT IN THE CLASSIFICATION
 OF SUPERVISORY CARTOGRAPHIC GEODESIST 1370, 1 NM-13;  SUPERVISORY
 CARTOGRAPHIC INSTRUCTOR 1370, 1 NM-13;  SUPERVISORY ELECTRONIC
 TECHNICIAN 0856, 1 NM-12;  AND SUPPORT SERVICES SUPERVISOR 0341, DHOO
 SHOULD BE EXCLUDED FROM THE UNIT BECAUSE THEY ARE SUPERVISORS WITHIN THE
 MEANING OF SECTION 7103(A)(10) OF THE STATUTE.
 
    /5/ THE PARTIES STIPULATED THAT THE INCUMBENT IN THE CLASSIFICATION
 OF PERSONNEL TECHNICIAN 0201, DHOO SHOULD BE EXCLUDED FROM THE UNIT AS
 HE IS ENGAGED IN PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY
 WITHIN THE MEANING OF SECTION 7112(B)(3) OF THE STATUTE.
 
    /6/ SEC. 7103. DEFINITIONS;  APPLICATION
 
    (A) FOR THE PURPOSE OF THIS CHAPTER --
 
    (15) "PROFESSIONAL EMPLOYEE" MEANS --
 
    (A) AN EMPLOYEE ENGAGED IN THE PERFORMANCE OF WORK-
 
    (I) REQUIRING KNOWLEDGE OF AN ADVANCED TYPE IN A FIELD OF SCIENCE OR
 LEARNING CUSTOMARILY ACQUIRED BY A PROLONGED COURSE OF SPECIALIZED
 INTELLECTUAL INSTRUCTION AND STUDY IN AN INSTITUTION OF HIGHER LEARNING
 OR A HOSPITAL (AS DISTINGUISHED FROM KNOWLEDGE ACQUIRED BY A GENERAL
 ACADEMIC EDUCATION, OR FROM AN APPRENTICESHIP, OR FROM TRAINING IN THE
 PERFORMANCE OF ROUTINE MENTAL, MANUAL, MECHANICAL, OR PHYSICAL
 ACTIVITIES);
 
    (II) REQUIRING THE CONSISTENT EXERCISE OF DISCRETION AND JUDGMENT IN
 ITS PERFORMANCE;
 
    (III) WHICH IS PREDOMINANTLY INTELLECTUAL AND VARIED IN CHARACTER (AS
 DISTINGUISHED FROM ROUTINE MENTAL, MANUAL, MECHANICAL, OR PHYSICAL
 WORK);  AND
 
    (IV) WHICH IS OF SUCH CHARACTER THAT THE OUTPUT PRODUCED OR THE
 RESULT ACCOMPLISHED BY SUCH WORK CANNOT BE STANDARDIZED IN RELATION TO A
 GIVEN PERIOD TO TIME;  OR
 
    (B) AN EMPLOYEE WHO HAS COMPLETED THE COURSES OF SPECIALIZED
 INTELLECTUAL INSTRUCTION AND STUDY DESCRIBED IN SUBPARAGRAPH (A) (I) OF
 THIS PARAGRAPH AND IS PERFORMING RELATED WORK UNDER APPROPRIATE
 DIRECTION OR GUIDANCE TO QUALIFY THE EMPLOYEE AS A PROFESSIONAL EMPLOYEE
 DESCRIBED IN SUBPARAGRAPH (A) OF THIS PARAGRAPH;  . . . 
 
 
 

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