Department of Defense, Department of the Army, 193rd Infantry Brigade (Panama) and Panama DOD Employees Coalition) (American Federation of State, County and Municipal Employees, AFL-CIO, Local 907; American Federation of Government Employees, AFL-CIO, Local 14; AFGE, Local 1805) and National Maritime Union of America; DOD, Army, Army Tropic Test Center and AFGE Local 14; DOD, Army, Southern Command and AFGE Local 14 and National Maritime Union of America; DOD, Army, Army Communications Command Panama and AFGE Local 14 and National Maritime Union of America; DOD, Army, Army Dental Activity Panama (DENTAC-PAN) and AFGE Local 14; DOD, Army, Army Medical Department Activity Panama (MEDDAC-PAN) and AFGE Local 1805; DOD, Army, Army Medical Department Activity Panama (MEDDAC-PAN) and AFSCME Local 907 and National Maritime Union of America; DOD, Army, Army Medical Department Activity Panama (MEDDAC-PAN) and AFGE Local 14 and National Maritime Union of America
[ v07 p471 ]
07:0471(73)RO
The decision of the Authority follows:
7 FLRA No. 73
DEPARTMENT OF DEFENSE,
DEPARTMENT OF THE ARMY
193RD INFANTRY BRIGADE (PANAMA)
Activity
and
PANAMA DOD EMPLOYEES COALITION,
AFL-CIO, CTRP (AMERICAN FEDERATION
OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES, AFL-CIO, LOCAL 907;
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 14; AND
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1805)
Petitioner
and
NATIONAL MARITIME UNION OF AMERICA,
AFL-CIO
Intervenor
Case No. 6-RO-54(P)
DEPARTMENT OF DEFENSE,
DEPARTMENT OF THE ARMY
U.S. ARMY TROPIC TEST CENTER
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 14, AFL-CIO
Petitioner
Case No. 6-RO-57(P)
DEPARTMENT OF DEFENSE,
DEPARTMENT OF THE ARMY
U.S. SOUTHERN COMMAND
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 14, AFL-CIO
Petitioner
and
NATIONAL MARITIME UNION OF AMERICA,
AFL-CIO
Intervenor
Case no.6-RO-63(P)
DEPARTMENT OF DEFENSE,
DEPARTMENT OF THE ARMY
U.S. ARMY COMMUNICATIONS COMMAND-- PANAMA
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 14, AFL-CIO
Petitioner
and
NATIONAL MARITIME UNION OF AMERICA,
AFL-CIO
Intervenor
Case No. 6-RO-68(P)
DEPARTMENT OF DEFENSE,
DEPARTMENT OF THE ARMY
U.S. ARMY DENTAL ACTIVITY-- PANAMA
(DENTAC-PAN)
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 14, AFL-CIO
Petitioner
Case No. 6-RO-58(P)
DEPARTMENT OF DEFENSE,
DEPARTMENT OF THE ARMY
U.S. ARMY MEDICAL
DEPARTMENT ACTIVITY-- PANAMA (MEDDAC-PAN)
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1805, AFL-CIO
Petitioner
Case No. 6-RO-27(P)
DEPARTMENT OF DEFENSE,
DEPARTMENT OF THE ARMY
U.S. ARMY MEDICAL
DEPARTMENT ACTIVITY-- PANAMA
(MEDDAC-PAN)
Activity
and
AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES
LOCAL 907, AFL-CIO, CTRP
Petitioner
and
NATIONAL MARITIME UNION OF AMERICA,
AFL-CIO
Intervenor
Case No. 6-RO-53(P)
DEPARTMENT OF DEFENSE,
DEPARTMENT OF THE ARMY
U.S. ARMY MEDICAL DEPARTMENT ACTIVITY
PANAMA (MEDDAC-PAN)
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 14, AFL-CIO
Petitioner
and
NATIONAL MARITIME UNION OF AMERICA,
AFL-CIO
Intervenor
Case No. 6-RO-59(P)
DECISION AND DIRECTION OF ELECTIONS
UPON PETITIONS DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
UNDER SECTION 7111(B) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
STATUTE (THE STATUTE) A CONSOLIDATED 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 THESE CASES, INCLUDING BRIEFS FILED BY THE
AGENCY AND THE INTERVENOR, NATIONAL MARITIME UNION OF AMERICA, AFL-CIO,
THE AUTHORITY FINDS: /1/
THE LABOR ORGANIZATIONS INVOLVED CLAIM TO REPRESENT CERTAIN EMPLOYEES
OF THE AGENCY.
IN CASE NO. 6-RO-54(P) AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES, LOCAL 907, AFL-CIO, CTRP (AFSCME, LOCAL 907)
PETITIONED FOR A UNIT DESCRIBED AS FOLLOWS:
INCLUDED: ALL APPROPRIATED FUND EMPLOYEES /2/ EMPLOYED BY THE 193RD
INFANTRY BRIGADE,
PANAMA, SERVICED BY THE 193RD INFANTRY BRIGADE, PANAMA.
EXCLUDED: MANAGEMENT OFFICIALS; AND EMPLOYEES DEFINED IN 5 USC
7112(B)(2), (3), (4), (6)
AND (7).
NATIONAL MARITIME UNION OF AMERICA (NMU) FILED AN INTERVENTION
HEREIN, SEEKING TO REPRESENT THE EMPLOYEES IN THE PETITIONED FOR UNIT.
IN CASE NO. 6-RO-57(P) AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
LOCAL 14, AFL-CIO (AFGE LOCAL 14) PETITIONED FOR A UNIT DESCRIBED AS
FOLLOWS:
INCLUDED: ALL PROFESSIONAL, TECHNICIANS AND NON-PROFESSIONAL
EMPLOYEES OF THE U.S. ARMY
TROPIC TEST CENTER, REPUBLIC OF PANAMA.
EXCLUDED: ALL MANAGEMENT OFFICIALS AND PERSONNEL OFFICIALS DESCRIBED
IN 5 USC 7112(B)(2),
(3), (4), (6) AND (7) EXCEPT THOSE IN CLERICAL CAPACITY AND
SUPERVISORY POSITIONS COVERED BY
PL 96-70 SUBCHAPTER VII, SEC. 1271(2).
IN CASE NO. 6-RO-63(P) AFGE LOCAL 14 PETITIONED FOR A UNIT DESCRIBED
AS FOLLOWS:
INCLUDED: ALL APPROPRIATED FUND EMPLOYEES OF U.S. SOUTHERN COMMAND
LOCATED IN THE REPUBLIC
OF PANAMA.
EXCLUDED: ALL MANAGEMENT OFFICIALS, SUPERVISORS AND PERSONNEL
OFFICIALS DESCRIBED IN 5 USC
7112(B)(2), (3), (4), (6) AND (7).
NMU FILED AN INTERVENTION HEREIN SEEKING TO REPRESENT THE EMPLOYEES
IN THE ABOVE PETITIONED FOR UNIT.
IN CASE NO. 6-RO-68(P) AFGE LOCAL 14 PETITIONED FOR A UNIT DESCRIBED
AS FOLLOWS:
INCLUDED: ALL PROFESSIONAL TECHNICIANS AND NON-PROFESSIONAL
EMPLOYEES OF THE U.S. ARMY
COMMUNICATIONS COMMAND, REPUBLIC OF PANAMA.
EXCLUDED: ALL MANAGEMENT OFFICIALS AND PERSONNEL OFFICIALS DESCRIBED
IN 5 USC 7112(B)(2),
(3), (4), (6) AND (7) EXCEPT THOSE IN A CLERICAL CAPACITY AND
SUPERVISORY POSITIONS COVERED BY
PL 96-70 CHAPTER VII, SEC. 1271(2).
NMU FILED AN INTERVENTION HEREIN SEEKING TO REPRESENT THE EMPLOYEES
IN THE ABOVE PETITIONED FOR UNIT.
IN CASE NO. 6-RO-58(P) AFGE LOCAL 14 PETITIONED FOR A UNIT DESCRIBED
AS FOLLOWS:
INCLUDED: ALL PROFESSIONAL DENTISTS, TECHNOLOGISTS, AND TECHNICIANS
OF US ARMY, DENTAC
LOCATED IN THE REPUBLIC OF PANAMA.
EXCLUDED: ALL MANAGEMENT OFFICIALS, NON-PROFESSIONAL EMPLOYEES AND
PERSONNEL OFFICIALS
DESCRIBED IN 5 USC 7112(B)(2), (3), (4), (6), AND (7).
IN CASE NO. 6-RO-27(P) AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
LOCAL 1805, AFL-CIO (AFGE LOCAL 1805) PETITIONED FOR A UNIT DESCRIBED AS
FOLLOWS:
INCLUDED: ALL REGISTERED NURSES EMPLOYED BY U.S. ARMY, MEDDAC,
PANAMA. /3/
EXCLUDED: ALL OTHER PROFESSIONAL EMPLOYEES, ALL NON-PROFESSIONAL
EMPLOYEES, MANAGEMENT
OFFICIALS, AND EMPLOYEES DESCRIBED IN 5 USC 7112(B)(2), (3), (4), (6)
AND (7).
IN CASE NO. 6-RO-53(P) AFSCME LOCAL 907 PETITIONED FOR A UNIT
DESCRIBED AS FOLLOWS:
INCLUDED: ALL NON-PROFESSIONAL EMPLOYEES EMPLOYED BY MEDDAC, PANAMA.
EXCLUDED: ALL PROFESSIONAL EMPLOYEES; MANAGEMENT OFFICIALS; AND
EMPLOYEES DESCRIBED IN 5
USC 7112(B)(2), (3), (4), (6), AND (7).
NMU FILED AN INTERVENTION HEREIN SEEKING TO REPRESENT THE EMPLOYEES
IN THE ABOVE PETITIONED FOR UNIT.
IN CASE NO. 6-RO-59(P) AFGE LOCAL 14 PETITIONED FOR A UNIT DESCRIBED
AS FOLLOWS:
INCLUDED: ALL PROFESSIONAL EMPLOYEES INCLUDING REGISTERED AND
CERTIFIED TECHNICIANS AND
TECHNOLOGISTS EMPLOYED AT MEDDAC, REPUBLIC OF PANAMA.
EXCLUDED: NON-PROFESSIONAL EMPLOYEES, MANAGEMENT OFFICIALS AND
PERSONNEL OFFICIALS
DESCRIBED IN 5 USC 7112(B)(2), (3), (4), (6) AND (7) AND NURSES
EMPLOYED AT MEDDAC.
NMU FILED AN INTERVENTION HEREIN SEEKING TO REPRESENT THE EMPLOYEES
IN THE ABOVE PETITIONED FOR UNIT.
AT THE HEARING, THE PETITIONERS, AFGE LOCAL 1805, AFSCME LOCAL 907
AND AFGE LOCAL 14, MOVED TO WITHDRAW ALL OF THE INSTANT PETITIONS EXCEPT
THAT IN CASE NO.6-RO-54(P), TO AMEND THE PETITION IN CASE NO. 6-RO-54(P)
TO ADD ALL CATEGORIES OF EMPLOYEES SOUGHT IN THE SEVEN PETITIONS THEY
WOULD WITHDRAW AS WELL AS CERTAIN OTHER EMPLOYEES AS DESCRIBED BELOW,
AND TO CHANGE THE NAME OF THE PETITIONER IN CASE NO. 6-RO-54(P) TO
PANAMA DOD EMPLOYEES COALITION, AFL-CIO, CTRP (THE COALITION). THE
COALITION, WHICH WAS ESTABLISHED AFTER THE FILING OF THE EIGHT
PETITIONS, BUT BEFORE THE HEARING, IS COMPOSED OF THE THREE ORIGINAL
PETITIONERS HEREIN.
THE UNIT ULTIMATELY SOUGHT BY THE COALITION IS DESCRIBED AS FOLLOWS:
ALL PROFESSIONAL AND NONPROFESSIONAL APPROPRIATED FUND EMPLOYEES OF
THE 193D INFANTRY
BRIGADE (PANAMA) AND INDIVIDUALS AND ACTIVITIES LOCATED IN PANAMA AND
SERVICED BY THE 193D
INFANTRY BRIGADE'S CIVILIAN PERSONNEL OFFICE, EXCLUDING EMPLOYEES
CURRENTLY REPRESENTED,
PROFESSIONALS WITHIN THE DEPARTMENT OF DEFENSE DEPENDENT SCHOOLS,
NONAPPROPRIATED FUND
EMPLOYEES, EMPLOYEES LOCATED OUTSIDE PANAMA, AND EMPLOYEES AS
DESCRIBED IN SECTION 7112(B)(1),
(2), (3), (4), (6) AND (7) OF THE STATUTE.
THE AUTHORITY VIEWS THE PETITIONERS' MOTIONS TO AMEND THE SCOPE OF
THE UNIT SOUGHT IN CASE NO. 6-RO-54(P) AND TO CHANGE THE NAME OF THE
PETITIONER AS A PRE-ELECTION STATEMENT OF INTENT TO JOINTLY SEEK
CERTIFICATION. THESE MOTIONS TO CHANGE THE SCOPE OF THE UNIT PETITIONED
FOR IN CASE NO. 6-RO-54(P) AND TO CHANGE THE NAME OF THE PETITIONER ARE
GRANTED TO THE EXTENT CONSISTENT WITH OUR DIRECTION OF ELECTION HEREIN.
/4/
FURTHER, THE AUTHORITY GRANTS THE MOTION TO WITHDRAW THE PETITIONS IN
CASE NOS. 6-RO-57(P), 6-RO-58(P) AND 6-RO-27(P). IN SO GRANTING THIS
MOTION, THE AUTHORITY NOTES PARTICULARLY THE DESIRE OF THE PETITIONERS
HEREIN, AS A COALITION, TO REPRESENT SUCH EMPLOYEES AS PART OF THE
OVERALL UNIT AND THE FACT THAT NO OTHER LABOR ORGANIZATION HAS EXPRESSED
AN INTEREST IN REPRESENTING SUCH EMPLOYEES IN THESE SEPARATELY
PETITIONED FOR UNITS. HOWEVER, AS NMU HAS EXPRESSED AN INTEREST IN
REPRESENTING THE EMPLOYEES ORIGINALLY PETITIONED FOR IN CASE NOS.
6-RO-54(P), /5/ 6-RO-63(P), 6-RO-68(P), 5-RO-53(P) AND 6-RO-59(P), THE
AUTHORITY HEREBY DENIES THE MOTION TO WITHDRAW SUCH PETITIONS AND WILL
ALSO CONSIDER WHETHER EACH OF THESE UNITS ARE SEPARATELY APPROPRIATE.
IN VIEW OF THE ABOVE DETERMINATIONS, THE AUTHORITY GRANTS THE MOTION TO
CHANGE THE NAME OF THE PETITIONER TO THAT OF THE COALITION IN EACH OF
THE OUTSTANDING PETITIONS.
THE COALITION, IN ITS PETITION AS AMENDED AT THE HEARING, SEEKS TO
REPRESENT A UNIT OF ALL PROFESSIONAL AND NONPROFESSIONAL APPROPRIATED
FUND EMPLOYEES OF THE 193RD INFANTRY BRIGADE (BRIGADE) AND ITS TENANT
ACTIVITIES WHICH ARE SERVICED BY THE BRIGADE'S CIVILIAN PERSONNEL OFFICE
(CPO). THE UNIT AS SOUGHT WOULD SPECIFICALLY EXCLUDE NONAPPROPRIATED
FUND EMPLOYEES, EMPLOYEES OF TENANT ACTIVITIES NOT SERVICED BY THE
BRIGADE CPO, EMPLOYEES EMPLOYED OUTSIDE PANAMA, AND EMPLOYEES ALREADY
REPRESENTED IN OTHER BARGAINING UNITS. THE BRIGADE (BY AGREEMENT,
BRIGADE CPO REPRESENTED THE BRIGADE AND TENANT ACTIVITIES AT THE
HEARING) AGREES THAT THE UNIT AS SOUGHT BY THE COALITION IS THE ONLY
UNIT WHICH SATISFIES THE CRITERIA FOR APPROPRIATENESS SET FORTH IN
SECTION 7112(A)(1) OF THE STATUTE. NMU, THE INTERVENOR IN FIVE OF THE
PETITIONS CONTENDS THAT THE UNIT AS SOUGHT BY THE COALITION IS
INAPPROPRIATE IN THAT THE EMPLOYEES INVOLVED DO NOT SHARE A COMMUNITY OF
INTEREST AND THE UNIT WOULD NOT PROMOTE EFFECTIVE DEALINGS WITH, OR
EFFICIENCY OF THE OPERATIONS OF THE AGENCY INVOLVED. THE INTERVENOR
CONTENDS THAT SEPARATE UNITS OF EMPLOYEES AT THE TENANT ACTIVITIES, AS
SOUGHT BY THE ORIGINAL PETITIONS HEREIN, ARE APPROPRIATE WITHIN THE
MEANING OF THE STATUTE.
UNIT FINDINGS
THE 193RD INFANTRY BRIGADE HAS AS ITS MISSION THE GROUND DEFENSE OF
THE PANAMA CANAL. ITS HEADQUARTERS IS LOCATED AT FORT CLAYTON, NEAR THE
PACIFIC EXTREMITY OF THE CANAL, AND ITS APPROXIMATELY 2,773 CIVILIAN
EMPLOYEES ARE ASSIGNED AT VARIOUS LOCATIONS ALONG THE 50 MILE-LONG
CANAL, WITH MOST EMPLOYEES BEING STATIONED AT OR NEAR FORT CLAYTON, AND
THE MAJORITY OF THE REMAINDER BEING LOCATED AT THE CANAL'S ATLANTIC
TERMINUS. THE BRIGADE HAS APPROXIMATELY 21 TENANT UNITS OR ACTIVITIES
AND A STAFF RELATIONSHIP WITH THE U.S. SOUTHERN COMMAND. THE CIVILIAN
PERSONNEL OFFICE OF THE BRIGADE PROVIDES FULL SERVICE PERSONNEL AND
LABOR RELATIONS FUNCTIONS FOR U.S. SOUTHERN COMMAND AND A NUMBER OF THE
TENANT ACTIVITIES. MOST OF THOSE TENANTS UTILIZING THE BRIGADE'S CPO
ARE UNDER THE TERMS OF SERVICING AGREEMENTS WHICH ARE IN THE NATURE OF
CONTRACTS BETWEEN BRIGADE AND THE TENANT ACTIVITIES.
THE RECORD REVEALS THAT THE EMPLOYEES SOUGHT BY THE COALITION IN THE
OVERALL UNIT /6/ ALL WORK IN CLOSE PROXIMITY TO THE PANAMA CANAL. A
SUBSTANTIAL MAJORITY OF THEM ARE CONCENTRATED IN AN AREA EXTENDING FROM
FORT CLAYTON TO BALBOA SOME 5 MILES AWAY. OF THE REMAINING EMPLOYEES,
MOST ARE SIMILARLY EMPLOYED IN CLOSE PROXIMITY WITH ONE ANOTHER AT THE
ATLANTIC TERMINUS OF THE CANAL. THE RECORD ALSO SHOWS THAT EMPLOYEES OF
THE BRIGADE AND THE VARIOUS TENANT ACTIVITIES ARE GEOGRAPHICALLY
INTERSPERSED.
FURTHER, TERMS AND CONDITIONS OF EMPLOYMENT FOR ALL OF THE EMPLOYEES
SOUGHT ARE BASICALLY DETERMINED BY THE DEPARTMENT OF DEFENSE OR ARMY,
AND ARE ADMINISTERED THROUGH THE BRIGADE'S CPO. THOSE MATTERS NORMALLY
DETERMINED BY GOVERNMENT OR AGENCY REGULATIONS, INCLUDING WAGES, HOURS,
HIRING, DISCIPLINE, GRIEVANCES, PROMOTIONS, ADVERSE ACTIONS, REDUCTIONS
IN FORCE, EQUAL EMPLOYMENT, LEAVE POLICY, HEALTH AND LIFE INSURANCE,
HOLIDAYS, VETERANS PREFERENCE ELIGIBILITY, AND THE VARIOUS ELEMENTS OF
GOVERNMENT PAY PLANS, ARE SHARED BY THE EMPLOYEES SOUGHT BY THE
COALITION. /7/ MOREOVER, THE RECORD INDICATES THAT IN SOME INSTANCES
THE TENANT ACTIVITIES SHARE THE SAME BUILDING WITH ELEMENTS OF THE
BRIGADE OR WITH ONE ANOTHER. THUS, THE MAJORITY OF THE CIVILIAN
EMPLOYEES OF THE BRIGADE AND THE TENANT ACTIVITIES SHARE CONDITIONS OF
EMPLOYMENT WHICH DERIVE FROM COMMON LOCATION, INCLUDING WORK FACILITIES,
EATING FACILITIES, PARKING, COMMUTING, PHYSICAL ADEQUACY OF WORKSITES
AND THE LIKE. FURTHER, THERE EXISTS AN INTERRELATIONSHIP BETWEEN THE
MISSION OF THE BRIGADE WHICH IS THE GROUND DEFENSE OF THE PANAMA CANAL
AND THE SUPPORTING MISSION OF EACH OF THE TENANT ACTIVITIES. THUS, FOR
EXAMPLE, DOD DEPENDENT SCHOOLS IS CHARGED WITH THE EDUCATION OF ARMY
DEPENDENTS, MEDDAC AND DENTAC PROVIDE MEDICAL AND DENTAL CARE FOR THE
BRIGADE'S DEPENDENTS, TROPIC TEST CENTER EVALUATES MILITARY EQUIPMENT
BEST SUITED TO THE CLIMATE AND TERRAIN TO BE DEFENDED, AND THE TROOP
SUPPORT AGENCY, COMMUNICATIONS COMMAND AND MILITARY TRAFFIC MANAGEMENT
COMMAND PERFORM THE SUPPORT FUNCTIONS WHICH THEIR NAMES IMPLY.
IN VIEW OF THE FOREGOING, AND MOST PARTICULARLY OF THE CLOSE
GEOGRAPHIC PROXIMITY AND INTERSPERSAL OF THE EMPLOYEES SOUGHT, THEIR
RELATED MISSIONS, THEIR SHARED TERMS AND CONDITIONS OF EMPLOYMENT
OCCASIONED BY THEIR EMPLOYMENT WITHIN DOD AND ARMY, AND THE COMMON
CONTROL OVER PERSONNEL MATTERS AND LABOR RELATIONS PRACTICED BY THE
BRIGADE CPO, THE AUTHORITY FINDS THAT THE EMPLOYEES IN THE PROPOSED
OVERALL UNIT, CONSISTING OF THE BRIGADE AND TENANT ACTIVITIES SERVICED
BY THE BRIGADE CPO, SHARE A CLEAR AND IDENTIFIABLE COMMUNITY OF
INTEREST. FURTHER, THE PROPOSED UNIT, CENTERED AROUND THE CPO WHICH
SERVICES THE CURRENT ADMINISTRATIVE STRUCTURES AND IS HEAVILY RELIED
UPON BY BOTH THE BRIGADE AND TENANT ACTIVITY COMMANDERS, WILL PROMOTE
EFFECTIVE DEALINGS WITH, AND EFFICIENCY OF OPERATIONS OF, THE AGENCY.
ACCORDINGLY, THE AUTHORITY FINDS THE PROPOSED OVERALL UNIT, CONSISTING
OF THE BRIGADE AND TENANT ACTIVITIES SERVICED BY THE BRIGADE CPO
CONSTITUTES A UNIT APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION.
NOTWITHSTANDING THE APPROPRIATENESS OF THE OVERALL UNIT, THE
AUTHORITY FINDS THAT THE FIVE UNITS ORIGINALLY PETITIONED FOR IN WHICH
NMU INTERVENED ALSO TO BE APPROPRIATE. THESE INCLUDE THE UNITS AS
PREVIOUSLY DESCRIBED AT BRIGADE (AS ORIGINALLY SOUGHT IN CASE NO.
6-R0-54(P)), AT U.S. SOUTHERN COMMAND (CASE NO. 6-RO-63(P)), AT U.S.
ARMY COMMUNICATIONS COMMAND (CASE NO. 6-RO-68(P)), AND FOR CERTAIN
NONPROFESSIONAL AND PROFESSIONAL EMPLOYEES AT MEDDAC (CASE NOS.
6-RO-53(P) AND 6-RO-59(P) RESPECTIVELY). THUS, THE RECORD REVEALS THAT
THE BRIGADE AND THE SEVERAL TENANT ACTIVITIES ARE UNDER SEPARATE COMMAND
AND SUPERVISION AND HAVE CLEAR AND UNIQUE MISSIONS. BASED ON THE
DIVERSE FUNCTIONS OF THESE SEPARATE COMMANDS AND THE VARYING SKILLS AND
QUALIFICATIONS REQUIRED TO PERFORM THESE FUNCTIONS, THE AUTHORITY FINDS
THAT THE EMPLOYEES IN EACH COMMAND POSSESS UNIQUE CHARACTERISTICS AND
CONCERNS WHICH ARE NOT NECESSARILY COMMON TO OTHERS. FURTHER, THOUGH
FULLY SERVICED BY THE CPO, ULTIMATE DETERMINATION OVER PERSONNEL MATTERS
AND LABOR RELATIONS RESTS WITHIN THE BRIGADE AND EACH OF THE TENANTS.
ADDITIONALLY, THE RECORD INDICATES THAT EACH OF THE THREE LABOR
ORGANIZATIONS COMPRISING THE COALITION AND THE INTERVENOR HAVE ENJOYED
HISTORIC INFORMAL RECOGNITION FOR PURPOSES OF CONSULTATION AND DUES
CHECK-OFF AT BRIGADE AND THESE VARIOUS TENANT ACTIVITIES.
WHILE THE ABOVE UNITS EXISTED FOR LIMITED PURPOSES, THE AUTHORITY
VIEWS THEIR EXISTENCE AS INDICATION THAT SUCH UNITS HAVE, IN FACT, BEEN
FUNCTIONAL WITHIN THE ORGANIZATIONAL CONTEXT OF THE BRIGADE AND TENANT
ACTIVITIES. UNDER SUCH CIRCUMSTANCES, THE AUTHORITY CONCLUDES THAT THE
EMPLOYEES IN THE FIVE UNITS DESCRIBED ABOVE EACH SHARE COMMUNITIES OF
INTEREST APART FROM OTHER EMPLOYEES IN ADDITION TO THE COMMON COMMUNITY
OF INTEREST THEY SHARE WITH OTHER EMPLOYEES ADMINISTRATIVELY SUPPORTED
BY THE BRIGADE. SIMILARLY, THE AUTHORITY CONCLUDES THAT EFFECTIVE
DEALINGS AND EFFICIENCY OF AGENCY OPERATIONS MAY ALSO BE ENHANCED BY
PROVIDING FOR THE SEPARATE REPRESENTATION OF EMPLOYEES IN THESE SEPARATE
ORGANIZATIONAL ENTITIES. IN THIS LATTER REGARD, THE AUTHORITY HAS
WEIGHED THE MERITS OF THE MORE COMPREHENSIVE OVERALL UNIT STRUCTURE
REFLECTING THE ADMINISTRATIVE CONFIGURATION OF THE AGENCY AND THE CPO
AGAINST THE MERITS OF UNITS STRUCTURED AROUND THE SPECIAL OR UNIQUE
INTERESTS OF DIVERSE GROUPS OF EMPLOYEES WITH VARYING SKILLS,
QUALIFICATIONS AND MISSIONS, AND HAS CONCLUDED THAT IN CERTAIN
CIRCUMSTANCES, BOTH ELEMENTS LEND TO EFFECTIVE DEALINGS AND EFFICIENCY
OF AGENCY OPERATIONS. THUS, WHILE THE FORMER STRUCTURE MAY ALLOW THE
AGENCY AND UNION TO OPERATE IN A BROADER AND MORE CENTRALIZED FASHION,
THE LATTER STRUCTURE ALLOWS THEM TO RESPOND IN A MEANINGFUL MANNER TO A
GROUP OF EMPLOYEES WHO POSSESS CHARACTERISTICS AND CONCERNS WHICH ARE
NOT NECESSARILY COMMON TO OTHERS. /8/ WHERE AS HERE, THE CONSIDERATIONS
IN FAVOR OF THE APPROPRIATENESS OF THE SMALLER UNITS SOUGHT ARE SO
EVENLY BALANCED AGAINST THOSE FAVORING THE OVERALL UNIT, THE DETERMINING
FACTOR SHOULD BE THE DESIRE OF THE EMPLOYEES THEMSELVES. ACCORDINGLY,
THE AUTHORITY FINDS THAT THE FIVE UNITS COMPOSED OF EMPLOYEES AT
BRIGADE, U.S. SOUTHERN COMMAND, U.S. ARMY COMMUNICATIONS COMMAND AND
MEDDAC, DESCRIBED IN CASE NOS. 6-RO-54(P), 6-RO-63(P), 6-RO-68(P),
6-RO-53(P) AND 6-RO-59(P), ALSO TO BE APPROPRIATE FOR THE PURPOSE OF
EXCLUSIVE RECOGNITION.
ELIGIBILITY STIPULATIONS
THE PARTIES STIPULATED THAT CERTAIN GROUPS OF EMPLOYEES SHOULD BE
EXCLUDED FROM ANY UNIT(S) FOUND APPROPRIATE. THE PARTIES AGREED THAT AS
THE PROFESSIONAL EMPLOYEES OF THE DEPARTMENT OF DEFENSE DEPENDENT
SCHOOLS WERE THE SUBJECT OF A PETITION IN ANOTHER PROCEEDING THEY SHOULD
BE EXCLUDED FROM ANY UNITS FOUND APPROPRIATE HEREIN; THAT AS THE
PROPOSED UNIT DESCRIPTION IS LIMITED TO EMPLOYEES EMPLOYED IN PANAMA,
THE APPROXIMATELY 20 EMPLOYEES OF U.S. SOUTHERN COMMAND EMPLOYED AT
EMBASSIES THROUGHOUT LATIN AMERICA SHOULD BE EXCLUDED; THAT ALL
EMPLOYEES CURRENTLY REPRESENTED SHOULD BE EXCLUDED FROM THE UNIT; THAT
THE UNIT DESCRIPTION BE LIMITED TO APPROPRIATED FUND EMPLOYEES; AND
THAT STUDENT ASSISTANTS ARE NOT EMPLOYEES WITHIN THE MEANING OF THE
STATUTE, AND THUS SHOULD BE EXCLUDED FROM THE UNIT. NOTING NO EVIDENCE
TO THE CONTRARY IN THE RECORD, THE ABOVE STIPULATIONS ARE ACCEPTED.
THE PARTIES FURTHER STIPULATED THAT CERTAIN INDIVIDUALS AND
CATEGORIES OF EMPLOYEES WERE MANAGERIAL EMPLOYEES, SUPERVISORS OR
CONFIDENTIAL EMPLOYEES, AND THEREFORE SHOULD BE EXCLUDED FROM THE UNIT.
ALL PARTIES STIPULATED THAT INDIVIDUALS WHOSE JOB DESCRIPTIONS WERE
DESIGNATED CZS 201, 202, 203, 204, OR 205, OR DA 202, 203, 204 OR 205
ARE SUPERVISORS AS DEFINED IN THE STATUTE. THE PARTIES FURTHER
STIPULATED THAT THE INDIVIDUALS NAMED IN ARMY EXHIBITS 15, 16 AND 19
SHOULD BE EXCLUDED AS SUPERVISORS, MANAGERIAL EMPLOYEES OR CONFIDENTIAL
EMPLOYEES AS DESIGNATED ON THE EXHIBITS, FROM THE GROUPS OF EMPLOYEES AT
MEDDAC, TROOP SUPPORT AGENCY, AND BRIGADE, RESPECTIVELY. /9/ THE
PARTIES FURTHER AGREED THAT ARMY EXHIBIT 18 REPRESENTS A COMPLETE LIST
OF ALL EMPLOYEES OF DEPARTMENT OF DEFENSE DEPENDENT SCHOOLS WHO SHOULD
BE INCLUDED IN THE UNIT. FINDING NO CONTRARY EVIDENCE IN THE RECORD,
THE AUTHORITY HEREBY ACCEPTS THE FOREGOING DOCUMENTARY STIPULATIONS.
THE PARTIES FURTHER STIPULATED ON THE RECORD AS TO SPECIFIC NAMED
INDIVIDUALS WHO ARE MANAGERIAL EMPLOYEES, SUPERVISORS, OR CONFIDENTIAL
EMPLOYEES AT TROPIC TEST CENTER, DENTAC, U.S. ARMY COMMUNICATIONS
COMMAND, U.S. SOUTHERN COMMAND, PANAMA AREA ENGINEER OFFICE, AND
MILITARY TRAFFIC MANAGEMENT COMMAND. ABSENT EVIDENCE TO THE CONTRARY
AND NOTING THAT THE PARTIES AGREE, THOSE STIPULATIONS ARE ALSO ACCEPTED
HEREWITH BY THE AUTHORITY.
THE PARTIES STIPULATED THAT SOME 43 CATEGORIES OF EMPLOYEES WERE
PROFESSIONAL EMPLOYEES WITHIN THE MEANING OF SECTION 7103(A)(15) OF THE
STATUTE. /10/ THE PARTIES FURTHER STIPULATED THAT LICENSED PRACTICAL
NURSES WERE NOT PROFESSIONALS WITHIN THE MEANING OF THE STATUTE. THE
AUTHORITY HEREBY ACCEPTS THOSE STIPULATIONS.
VOTING GROUPS
AS STATED ABOVE, THE AUTHORITY HAS CONCLUDED THAT THE CIRCUMSTANCES
OF THESE CASES WARRANT A CONCLUSION THAT THE OVERALL UNIT SOUGHT BY THE
COALITION IS APPROPRIATE, AS WELL AS THE INDIVIDUAL-TENANT ACTIVITY
UNITS IN WHICH THE INTERVENOR SEEKS REPRESENTATION. SEVERAL OF THE
UNITS FOUND APPROPRIATE HEREIN INCLUDE PROFESSIONAL EMPLOYEES. AS
PRESCRIBED BY SECTION 7112(B)(5) OF THE STATUTE, THE AUTHORITY IS
PROHIBITED FROM INCLUDING PROFESSIONAL EMPLOYEES IN UNITS WITH
NONPROFESSIONAL EMPLOYEES UNLESS A MAJORITY OF THE PROFESSIONAL
EMPLOYEES VOTE FOR INCLUSION IN SUCH UNITS. ACCORDINGLY, THE DESIRES OF
THE PROFESSIONAL EMPLOYEES AS TO INCLUSION IN UNITS WITH NONPROFESSIONAL
EMPLOYEES MUST BE ASCERTAINED BY SELF DETERMINATION ELECTIONS.
BASED ON THE FOREGOING, THE AUTHORITY FINDS THAT THE FOLLOWING
DESCRIBED UNITS (SET FORTH BELOW AS VOTING GROUPS) CONSIST OF EMPLOYEES
WHO SHARE A CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST, SEPARATE AND
DISTINCT FROM OTHER EMPLOYEES, AND THAT SUCH UNITS WILL PROMOTE
EFFECTIVE DEALINGS AND EFFICIENCY OF AGENCY OPERATIONS AND ARE
APPROPRIATE FOR THE PURPOSES OF EXCLUSIVE RECOGNITION UNDER THE STATUTE.
THE AUTHORITY THEREFORE DIRECTS SEPARATE ELECTIONS IN THE FOLLOWING
GROUPS.
VOTING GROUP (A): ALL APPROPRIATED FUND PROFESSIONAL EMPLOYEES
EMPLOYED BY THE 193RD INFANTRY BRIGADE, PANAMA, EXCLUDING
NONPROFESSIONAL EMPLOYEES, MANAGEMENT OFFICIALS, SUPERVISORS AND
EMPLOYEES DEFINED IN SECTION 7112(B)(2), (3), (4), (6) AND (7) OF THE
STATUTE.
VOTING GROUP (B): ALL APPROPRIATED FUND NONPROFESSIONAL EMPLOYEES
EMPLOYED BY THE 193RD INFANTRY BRIGADE, PANAMA, EXCLUDING PROFESSIONAL
EMPLOYEES, MANAGEMENT OFFICIALS, SUPERVISORS, AND EMPLOYEES DEFINED IN
SECTION 6112(B)(2), (3), (4), (6) AND (7) OF THE STATUTE.
VOTING GROUP (C): ALL PROFESSIONAL EMPLOYEES OF THE U.S. SOUTHERN
COMMAND LOCATED IN THE REPUBLIC OF PANAMA, EXCLUDING NONPROFESSIONAL
EMPLOYEES, EMPLOYEES LOCATED OUTSIDE THE REPUBLIC OF PANAMA, MANAGEMENT
OFFICIALS, SUPERVISORS AND EMPLOYEES DESCRIBED IN SECTION 7112(B)(2),
(3), (4), (6) AND (7) OF THE STATUTE.
VOTING GROUP (D): ALL NONPROFESSIONAL EMPLOYEES OF THE U.S.
SOUTHERN COMMAND LOCATED IN THE REPUBLIC OF PANAMA, EXCLUDING
PROFESSIONAL EMPLOYEES, EMPLOYEES LOCATED OUTSIDE THE REPUBLIC OF
PANAMA, MANAGEMENT OFFICIALS, SUPERVISORS AND EMPLOYEES DESCRIBED IN
SECTION 7112(B)(2), (3), (4), (6) AND (7) OF THE STATUTE.
VOTING GROUP (E): ALL PROFESSIONAL EMPLOYEES EMPLOYED BY THE U.S.
ARMY COMMUNICATIONS COMMAND, PANAMA, EXCLUDING NONPROFESSIONAL
EMPLOYEES, MANAGEMENT OFFICIALS, SUPERVISORS AND EMPLOYEES DESCRIBED IN
SECTION 7112(B)(2), (3), (4), (6) AND (7) OF THE STATUTE.
VOTING GROUP (F): ALL NONPROFESSIONAL EMPLOYEES EMPLOYED BY THE U.S.
ARMY COMMUNICATIONS COMMAND, PANAMA, EXCLUDING PROFESSIONAL EMPLOYEES,
MANAGEMENT OFFICIALS, SUPERVISORS AND EMPLOYEES DESCRIBED IN SECTION
7112(B)(2), (3), (4), (6) AND (7) OF THE STATUTE.
VOTING GROUP (G): ALL NONPROFESSIONAL EMPLOYEES EMPLOYED BY THE U.S.
ARMY, MEDDAC, PANAMA, EXCLUDING PROFESSIONAL EMPLOYEES, MANAGEMENT
OFFICIALS, SUPERVISORS AND EMPLOYEES DESCRIBED IN SECTION 7112(B)(2),
(3), (4), (6) AND (7) OF THE STATUTE.
VOTING GROUP (H): ALL PROFESSIONAL EMPLOYEES INCLUDING REGISTERED
AND CERTIFIED TECHNICIANS AND TECHNOLOGISTS EMPLOYED BY THE U.S. ARMY,
MEDDAC, PANAMA, EXCLUDING PROFESSIONAL NURSES, NONPROFESSIONAL
EMPLOYEES, MANAGEMENT OFFICIALS, SUPERVISORS AND EMPLOYEES DESCRIBED IN
SECTION 7112(B)(2), (3), (4), (6) AND (7) OF THE STATUTE.
VOTING GROUP (I): ALL PROFESSIONAL APPROPRIATED FUND EMPLOYEES OF
ACTIVITIES LOCATED IN PANAMA AND SERVICED BY THE 193RD INFANTRY BRIGADE
CIVILIAN PERSONNEL OFFICE, INCLUDING THE PROFESSIONAL EMPLOYEES AT U.S.
ARMY TROPIC TEST CENTER, DENTAC, AND THE REGISTERED NURSES AT MEDDAC
EXCLUDING EMPLOYEES ALREADY REPRESENTED, EMPLOYEES SUBJECT TO OTHER
PETITIONS, NONAPPROPRIATED FUND EMPLOYEES, EMPLOYEES LOCATED OUTSIDE
PANAMA, ALL PROFESSIONAL EMPLOYEES ASSIGNED TO THE DOD DEPENDENT
SCHOOLS, NONPROFESSIONAL EMPLOYEES, MANAGEMENT OFFICIALS, SUPERVISORS
AND EMPLOYEES DESCRIBED IN SECTION 7112(B)(2), (3), (4), (6) AND (7) OF
THE STATUTE.
VOTING GROUP (J): ALL NONPROFESSIONAL APPROPRIATED FUND EMPLOYEES OF
ACTIVITIES LOCATED IN PANAMA AND SERVICED BY THE 193RD INFANTRY BRIGADE
CIVILIAN PERSONNEL OFFICE INCLUDING THE NONPROFESSIONAL EMPLOYEES AT
U.S. ARMY TROPIC TEST CENTER, EXCLUDING EMPLOYEES ALREADY REPRESENTED,
EMPLOYEES SUBJECT TO OTHER PETITIONS, NONAPPROPRIATED FUND EMPLOYEES,
EMPLOYEES LOCATED OUTSIDE PANAMA, PROFESSIONAL EMPLOYEES, MANAGEMENT
OFFICIALS, SUPERVISORS AND EMPLOYEES DESCRIBED IN SECTION 7112(B)(2),
(3), (4), (6) AND (7) OF THE STATUTE.
THE EMPLOYEES IN PROFESSIONAL VOTING GROUP (A) SHALL BE ASKED TWO
QUESTIONS ON THEIR BALLOT: (1) WHETHER OR NOT THEY WISH TO BE INCLUDED
WITH THE NONPROFESSIONAL EMPLOYEES FOR THE PURPOSE OR EXCLUSIVE
RECOGNITION; AND (2) WHETHER THEY WISH TO BE REPRESENTED FOR THE
PURPOSE OF EXCLUSIVE RECOGNITION BY THE COALITION, BY NMU OF BY NEITHER.
IN THE EVENT THAT A MAJORITY OF VALID VOTES ARE CAST IN FAVOR OF
INCLUSION IN THE NONPROFESSIONAL EMPLOYEE UNIT, THE BALLOTS OF VOTING
GROUP (A) SHALL BE COMBINED WITH THOSE OF VOTING GROUP (B). IF THE
EMPLOYEES IN VOTING GROUP (A) ELECT NOT TO BE INCLUDED IN A UNIT WITH
NONPROFESSIONAL EMPLOYEES, BUT A MAJORITY CASTS THEIR BALLOTS FOR NMU,
THE LABOR ORGANIZATION SEEKING TO REPRESENT THIS GROUP IN A SEPARATE
UNIT, THE EMPLOYEES WILL HAVE INDICATED THEIR DESIRE TO BE REPRESENTED
BY THAT ORGANIZATION IN A SEPARATE UNIT AND AN APPROPRIATE CERTIFICATION
WILL BE ISSUED. IF, HOWEVER, THE EMPLOYEES IN VOTING GROUP (A) ELECT
NOT TO BE INCLUDED IN A UNIT WITH NONPROFESSIONAL EMPLOYEES, BUT A
MAJORITY DO NOT CAST THEIR BALLOTS FOR NMU, THEIR BALLOTS WILL BE POOLED
WITH THOSE IN VOTING GROUP (I).
THE EMPLOYEES IN VOTING GROUP (B) SHALL VOTE WHETHER THEY DESIRE TO
BE REPRESENTED BY THE COALITION, BY NMU, OR BY NEITHER. IF A MAJORITY
OF THE EMPLOYEES IN VOTING GROUP (B) VOTE FOR THE NMU, THE EMPLOYEES
WILL HAVE INDICATED THEIR DESIRE TO BE REPRESENTED BY THAT LABOR
ORGANIZATION IN A SEPARATE UNIT AND AN APPROPRIATE CERTIFICATION WILL BE
ISSUED. IF, HOWEVER, A MAJORITY OF THE EMPLOYEES IN VOTING GROUP (B)
DOES NOT VOTE FOR NMU, THEIR BALLOTS WILL BE POOLED WITH THOSE OF THE
EMPLOYEES IN VOTING GROUP (J), AND THE BALLOTS OF THE EMPLOYEES IN
VOTING GROUP (A), IF APPROPRIATE, WILL BE POOLED WITH THOSE OF THE
EMPLOYEES IN VOTING GROUP (I).
THE EMPLOYEES IN PROFESSIONAL VOTING GROUP (C) SHALL BE ASKED TWO
QUESTIONS ON THEIR BALLOT: (1) WHETHER OR NOT THEY WISH TO BE INCLUDED
WITH THE NONPROFESSIONAL EMPLOYEES FOR THE PURPOSE OF EXCLUSIVE
RECOGNITION; AND (2) WHETHER THEY WISH TO BE REPRESENTED FOR THE
PURPOSE OF EXCLUSIVE RECOGNITION BY THE COALITION, BY NMU OR BY NEITHER.
IN THE EVENT THAT A MAJORITY OF VALID VOTES ARE CAST IN FAVOR OF
INCLUSION IN THE NONPROFESSIONAL EMPLOYEE UNIT, THE BALLOTS OF VOTING
GROUP (C) SHALL BE COMBINED WITH THOSE OF VOTING GROUP (D). IF THE
EMPLOYEES IN VOTING GROUP (C) ELECT NOT TO BE INCLUDED IN A UNIT WITH
NONPROFESSIONAL EMPLOYEES, BUT A MAJORITY CASTS THEIR BALLOTS FOR NMU,
THE LABOR ORGANIZATION SEEKING TO REPRESENT THIS GROUP IN A SEPARATE
UNIT, THE EMPLOYEES WILL HAVE INDICATED THEIR DESIRE TO BE REPRESENTED
BY THAT ORGANIZATION IN A SEPARATE UNIT AND AN APPROPRIATE CERTIFICATION
WILL BE ISSUED. IF HOWEVER, THE EMPLOYEES IN VOTING GROUP (C) ELECT NOT
TO BE INCLUDED IN A UNIT WITH NONPROFESSIONAL EMPLOYEES, BUT A MAJORITY
DO NOT CAST THEIR BALLOTS FOR NMU, THEIR BALLOTS WILL BE POOLED WITH
THOSE IN VOTING GROUP (I).
THE EMPLOYEES IN VOTING GROUP (D) SHALL VOTE WHETHER THEY DESIRE TO
BE REPRESENTED BY THE COALITION, BY NMU, OR BY NEITHER. IF A MAJORITY
OF THE EMPLOYEES IN VOTING GROUP (D) VOTE FOR THE NMU, THE EMPLOYEES
WILL HAVE INDICATED THEIR DESIRE TO BE REPRESENTED BY THAT LABOR
ORGANIZATION IN A SEPARATE UNIT AND AN APPROPRIATE CERTIFICATION WILL BE
ISSUED. IF, HOWEVER, A MAJORITY OF THE EMPLOYEES IN VOTING GROUP (D)
DOES NOT VOTE FOR NMU, THEIR BALLOTS WILL BE POOLED WITH THOSE OF THE
EMPLOYEES IN VOTING GROUP (J), AND THE BALLOTS OF THE EMPLOYEES IN
VOTING GROUP (C), IF APPROPRIATE, WILL BE POOLED WITH THOSE OF THE
EMPLOYEES IN VOTING GROUP (I).
THE EMPLOYEES IN PROFESSIONAL VOTING GROUP (E) SHALL BE ASKED TWO
QUESTIONS ON THEIR BALLOT: (1) WHETHER OR NOT THEY WISH TO BE INCLUDED
WITH THE NONPROFESSIONAL EMPLOYEES FOR THE PURPOSE OF EXCLUSIVE
RECOGNITION; AND (2) WHETHER THEY WISH TO BE REPRESENTED FOR THE
PURPOSE OF EXCLUSIVE RECOGNITION BY THE COALITION, BY NMU OR BY NEITHER.
IN THE EVENT THAT A MAJORITY OF VALID VOTES ARE CAST IN FAVOR OF
INCLUSION IN THE NONPROFESSIONAL EMPLOYEE UNIT, THE BALLOTS OF VOTING
GROUP (E) SHALL BE COMBINED WITH THOSE OF VOTING GROUP (F). IF THE
EMPLOYEES IN VOTING GROUP (E) ELECT NOT TO BE INCLUDED IN A UNIT WITH
NONPROFESSIONAL EMPLOYEES, BUT A MAJORITY CASTS THEIR BALLOTS FOR NMU,
THE LABOR ORGANIZATION SEEKING TO REPRESENT THIS GROUP IN A SEPARATE
UNIT, THE EMPLOYEES WILL HAVE INDICATED THEIR DESIRE TO BE REPRESENTED
BY THAT ORGANIZATION IN A SEPARATE UNIT AND AN APPROPRIATE CERTIFICATION
WILL BE ISSUED. IF, HOWEVER, THE EMPLOYEES IN VOTING GROUP (E) ELECT
NOT TO BE INCLUDED IN A UNIT WITH NONPROFESSIONAL EMPLOYEES, BUT A
MAJORITY DO NOT CAST THEIR BALLOTS FOR NMU, THEIR BALLOTS WILL BE POOLED
WITH THOSE IN VOTING GROUP (I).
THE EMPLOYEES IN VOTING GROUP (F) SHALL VOTE WHETHER THEY DESIRE TO
BE REPRESENTED BY THE COALITION, BY NMU OR BY NEITHER. IF A MAJORITY OF
THE EMPLOYEES IN VOTING GROUP (F) VOTE FOR THE NMU, THE EMPLOYEES WILL
HAVE INDICATED THEIR DESIRE TO BE REPRESENTED BY THAT LABOR ORGANIZATION
IN A SEPARATE UNIT AND AN APPROPRIATE CERTIFICATION WILL BE ISSUED. IF,
HOWEVER, A MAJORITY OF THE EMPLOYEES IN VOTING GROUP (F) DOES NOT VOTE
FOR NMU, THEIR BALLOTS WILL BE POOLED WITH THOSE OF THE EMPLOYEES IN
VOTING GROUP (J), AND THE BALLOTS OF THE EMPLOYEES IN VOTING GROUP (E),
IF APPROPRIATE, WILL BE POOLED WITH THOSE OF THE EMPLOYEES IN VOTING
GROUP (I).
THE EMPLOYEES IN VOTING GROUP (G) SHALL VOTE WHETHER THEY DESIRE TO
BE REPRESENTED BY THE COALITION, NMU OR BY NEITHER. IF A MAJORITY OF
THE EMPLOYEES IN VOTING GROUP (G) VOTES FOR NMU THE REGIONAL DIRECTOR
SHALL ISSUE THE APPROPRIATE CERTIFICATION. IF, HOWEVER, A MAJORITY OF
THE EMPLOYEES IN VOTING GROUP (G) DOES NOT VOTE FOR NMU, THE LABOR
ORGANIZATION SEEKING TO REPRESENT THEM IN A SEPARATE UNIT, THEIR BALLOTS
WILL BE POOLED WITH THOSE OF THE EMPLOYEES IN VOTING GROUP (J).
THE EMPLOYEES IN PROFESSIONAL VOTING GROUP (H) SHALL BE ASKED TWO
QUESTIONS ON THEIR BALLOT: (1) WHETHER OR NOT THEY WISH TO BE INCLUDED
WITH THE NONPROFESSIONAL EMPLOYEES FOR THE PURPOSE OF EXCLUSIVE
RECOGNITION; AND (2) WHETHER THEY WISH TO BE REPRESENTED FOR THE
PURPOSE OF EXCLUSIVE RECOGNITION BY THE COALITION, BY NMU OR BY NEITHER.
IN THE EVENT THAT A MAJORITY OF VALID VOTES ARE CAST IN FAVOR OF
INCLUSION IN THE NONPROFESSIONAL EMPLOYEE UNIT, THE BALLOTS OF VOTING
GROUP (H) SHALL BE COMBINED WITH THOSE OF VOTING GROUP (J). IF THE
EMPLOYEES IN VOTING GROUP (H) ELECT NOT TO BE INCLUDED IN A UNIT WITH
NONPROFESSIONAL EMPLOYEES, BUT A MAJORITY CASTS THEIR BALLOTS FOR NMU,
THE LABOR ORGANIZATION SEEKING TO REPRESENT THIS GROUP IN A SEPARATE
UNIT, THE EMPLOYEES WILL HAVE INDICATED THEIR DESIRE TO BE REPRESENTED
BY THAT ORGANIZATION IN A SEPARATE UNIT AND AN APPROPRIATE CERTIFICATION
WILL BE ISSUED. IF, HOWEVER, THE EMPLOYEES IN VOTING GROUP (H) ELECT
NOT TO BE INCLUDED IN A UNIT WITH NONPROFESSIONAL EMPLOYEES, BUT A
MAJORITY DO NOT CAST THEIR BALLOTS FOR NMU, THEIR BALLOTS WILL BE POOLED
WITH THOSE IN VOTING GROUP (I).
THE EMPLOYEES IN PROFESSIONAL VOTING GROUP (I) SHALL BE ASKED TWO
QUESTIONS ON THEIR BALLOT: (1) WHETHER OR NOT THEY WISH TO BE INCLUDED
WITH THE NONPROFESSIONAL EMPLOYEES FOR THE PURPOSE OF EXCLUSIVE
RECOGNITION; AND (2) WHETHER OR NOT THEY WISH TO BE REPRESENTED FOR THE
PURPOSE OF EXCLUSIVE RECOGNITION BY THE COALITION. IN THE EVENT THAT A
MAJORITY OF VALID VOTES OF VOTING GROUP (I) (TOGETHER WITH THE VALID
VOTES IN VOTING GROUPS (A), (C), (E), AND (H) IF APPROPRIATE) ARE CASE
IN FAVOR OF INCLUSION IN THE NONPROFESSIONAL EMPLOYEE UNIT, THE BALLOTS
OF VOTING GROUP (I) SHALL BE COMBINED WITH THOSE OF VOTING GROUP (J).
IF A MAJORITY OF THE VOTES OF VOTING GROUP (I) (TOGETHER WITH THE VALID
VOTES IN VOTING GROUPS (A), (C), (E), AND (H) AS APPROPRIATE) ARE NOT
CAST FOR INCLUSION IN THE SAME UNIT AS THE NONPROFESSIONAL EMPLOYEES IN
VOTING GROUP (J), THEY WILL BE TAKEN TO HAVE INDICATED THEIR DESIRE NOT
TO BE INCLUDED IN THE SAME UNIT WITH NONPROFESSIONAL EMPLOYEES, AND, AN
APPROPRIATE CERTIFICATION WILL BE ISSUED BY THE REGIONAL DIRECTOR
INDICATING WHETHER OR NOT THE COALITION WAS SELECTED BY THE EMPLOYEES IN
THE UNIT.
THE EMPLOYEES IN VOTING GROUP (J) (TOGETHER WITH THE EMPLOYEES IN
VOTING GROUPS (B), (D), (F) AND (G) AS APPROPRIATE) SHALL VOTE WHETHER
OR NOT THEY WISH TO BE REPRESENTED FOR THE PURPOSE OF EXCLUSIVE
RECOGNITION BY THE COALITION. IN THE EVENT THAT THE BALLOTS OF VOTING
GROUPS (A), (C), (E) AND (H) ARE POOLED WITH THE BALLOTS OF VOTING GROUP
(I) AND/OR THE BALLOTS OF VOTING GROUPS (B), (D), (F) AND (G) ARE POOLED
WITH THE BALLOTS OF VOTING GROUP (J), THEY ARE TO BE TALLIED IN THE
FOLLOWING MANNER. THOSE BALLOTS CAST FOR NMU SHALL BE COUNTED AS PART
OF THE TOTAL NUMBER OF VALID VOTES CAST, BUT NEITHER FOR NOR AGAINST THE
COALITION WHICH SEEKS TO REPRESENT THE OVERALL UNIT. ALL OTHER VOTES
ARE TO BE ACCORDED THEIR FACE VALUES. THE AUTHORITY FINDS THAT, UNDER
THESE CIRCUMSTANCES, ANY UNIT RESULTING FROM A POOLING OF VOTES AS
DESCRIBED ABOVE, CONSTITUTES AN APPROPRIATE UNIT FOR THE PURPOSE OF
EXCLUSIVE RECOGNITION AND AN APPROPRIATE CERTIFICATION IS TO BE ISSUED.
DIRECTION OF ELECTION
SUBJECT TO THE PREREQUISITE THAT THE NOTICE OF PETITION HEREIN BY
REPOSTED PURSUANT TO SECTION 2422.4(A) OF THE AUTHORITY'S RULES AND
REGULATIONS, AN ELECTION BY SECRET BALLOT SHALL BE CONDUCTED AMONG THE
EMPLOYEES IN THE VOTING GROUPS DESCRIBED ABOVE, AS SOON AS FEASIBLE
FOLLOWING THE CONCLUSION OF THE ABOVE-REFERENCED POSTING PERIOD. THE
APPROPRIATE REGIONAL DIRECTOR SHALL SUPERVISE OR CONDUCT THE ELECTIONS,
AS APPROPRIATE, 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 IN VOTING GROUPS (A), (B), (C), (D), (E), (F),
(G) AND (H) 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. THOSE ELIGIBLE TO VOTE IN VOTING GROUPS (I) AND (J) SHALL
VOTE WHETHER OR NOT THEY DESIRE TO BE REPRESENTED FOR THE PURPOSE OF
EXCLUSIVE RECOGNITION BY THE PANAMA DOD EMPLOYEES COALITION, AFL-CIO,
CTRP.
ISSUED, WASHINGTON, D.C., DECEMBER 31, 1981
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
DEPARTMENT OF DEFENSE,
DEPARTMENT OF THE ARMY
193RD INFANTRY BRIGADE (PANAMA)
ACTIVITY
AND
PANAMA DOD EMPLOYEES COALITION,
AFL-CIO, CTRP (AMERICAN FEDERATION
OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES, AFL-CIO, LOCAL 907;
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 14; AND
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1805)
PETITIONER
AND
NATIONAL MARITIME UNION OF AMERICA,
AFL-CIO
INTERVENOR
CASE NO.6-RO-54(P)
DEPARTMENT OF DEFENSE,
DEPARTMENT OF THE ARMY
U.S. ARMY TROPIC TEST CENTER
ACTIVITY
AND
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 14, AFL-CIO
PETITIONER
CASE NO. 6-RO-57(P)
DEPARTMENT OF DEFENSE,
DEPARTMENT OF THE ARMY
U.S. SOUTHERN COMMAND
ACTIVITY
AND
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 14, AFL-CIO
PETITIONER
AND
NATIONAL MARITIME UNION OF AMERICA,
AFL-CIO
INTERVENOR
CASE NO. 6-RO-63(P)
DEPARTMENT OF DEFENSE,
DEPARTMENT OF THE ARMY
U.S. ARMY COMMUNICATIONS COMMAND-- PANAMA
ACTIVITY
AND
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 14, AFL-CIO
PETITIONER
AND
NATIONAL MARITIME UNION OF AMERICA,
AFL-CIO
INTERVENOR
CASE NO. 6-RO-68(P)
DEPARTMENT OF DEFENSE,
DEPARTMENT OF THE ARMY
U.S. ARMY DENTAL ACTIVITY-- PANAMA
(DENTAC-PAN)
ACTIVITY
AND
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 14, AFL-CIO
PETITIONER
CASE NO. 6-RO-58(P)
DEPARTMENT OF DEFENSE,
DEPARTMENT OF THE ARMY
U.S. ARMY MEDICAL
DEPARTMENT ACTIVITY-- PANAMA (MEDDAC-PAN)
ACTIVITY
AND
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1805, AFL-CIO
PETITIONER
CASE NO. 6-RO-27(P)
DEPARTMENT OF DEFENSE,
DEPARTMENT OF THE ARMY
U.S. ARMY MEDICAL
DEPARTMENT ACTIVITY-- PANAMA
(MEDDAC-PAN)
ACTIVITY
AND
AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES
LOCAL 907, AFL-CIO, CTRP
PETITIONER
AND
NATIONAL MARITIME UNION OF AMERICA,
AFL-CIO
INTERVENOR
CASE NO.6-RO-53(P)
DEPARTMENT OF DEFENSE,
DEPARTMENT OF THE ARMY
U.S. ARMY MEDICAL DEPARTMENT ACTIVITY
PANAMA (MEDDAC-PAN)
ACTIVITY
AND
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 14, AFL-CIO
PETITIONER
AND
NATIONAL MARITIME UNION OF AMERICA,
AFL-CIO
INTERVENOR
CASE NO. 6-RO-59(P)
DENIAL OF MOTIONS FOR RECONSIDERATION
THIS MATTER IS BEFORE THE AUTHORITY ON MOTIONS FOR RECONSIDERATION OF
THE AUTHORITY'S DECISION IN DEPARTMENT OF DEFENSE, DEPARTMENT OF THE
ARMY, 193RD INFANTRY BRIGADE (PANAMA), ET AL, 7 FLRA NO. 73(1981), FILED
BY THE PETITIONER (COALITION) AND THE INTERVENOR (NMU). IN THAT
DECISION, THE AUTHORITY FOUND APPROPRIATE AN OVERALL UNIT (AS URGED BY
THE PETITIONER), CONSISTING OF EMPLOYEES OF SEVERAL TENANT ACTIVITIES.
THE AUTHORITY ALSO FOUND APPROPRIATE FIVE SEPARATE UNITS (THE INTERVENOR
HAD URGED THAT SEPARATE UNITS BE FOUND APPROPRIATE), EACH LIMITED TO
EMPLOYEES OF AN INDIVIDUAL ACTIVITY.
ACCORDINGLY, THE AUTHORITY DIRECTED ELECTIONS (1) AMONG EMPLOYEES IN
EACH OF THE INDIVIDUAL VOTING GROUPS AND PROVIDED FOR CERTIFICATION OF
THE INTERVENOR IN ANY OF SUCH UNITS IN WHICH IT RECEIVED A MAJORITY OF
THE VALID VOTES CAST, AND (2) AMONG THE PROFESSIONAL AND NONPROFESSIONAL
EMPLOYEES IN THE OVERALL UNIT AND PROVIDED FOR CERTIFICATION OF THE
PETITIONER SHOULD IT RECEIVE A MAJORITY OF THE VALID VOTES COUNTED
THEREIN.
THE INTERVENOR'S MOTION FOR RECONSIDERATION SEEKS TO HAVE IT INCLUDED
ON THE BALLOT IN THE OVERALL UNIT INASMUCH AS IT STATED AT THE HEARING
ITS DESIRE TO APPEAR ON THE BALLOT IN ANY UNIT FOUND APPROPRIATE. /11/
THE PETITIONER IN ITS MOTION FOR RECONSIDERATION CONTENDS THAT THE
AUTHORITY ERRED IN FINDING MULTIPLE UNITS APPROPRIATE IN ADDITION TO THE
OVERALL UNIT AND IN MAKING ITS ULTIMATE UNIT DETERMINATION CONTINGENT
UPON ELECTION RESULTS. ALTERNATIVELY, THE PETITIONER URGES THAT, IF THE
ELECTION IS CONDUCTED AS DIRECTED, THE BALLOTS IN THE INDIVIDUAL UNITS
BE ALTERED TO ADD A BOX FOR ALL EMPLOYEES TO INDICATE THEIR DESIRE FOR
INCLUSION OR EXCLUSION WITH RESPECT TO THE OVERALL UNIT. THE PETITIONER
HAS ALSO FILED A TIMELY RESPONSE TO THE INTERVENOR'S MOTION FOR
RECONSIDERATION.
SECTION 2429.17 OF THE AUTHORITY'S RULES AND REGULATIONS PROVIDES
THAT A PARTY WHO "CAN ESTABLISH . . . EXTRAORDINARY CIRCUMSTANCES . . .
MAY MOVE FOR RECONSIDERATION" OF AN AUTHORITY DECISION. BASED UPON
REVIEW OF THE INTERVENOR'S ARGUMENTS IN SUPPORT OF ITS MOTION FOR
RECONSIDERATION, AND THE PETITIONER'S RESPONSE THERETO, THE AUTHORITY
CONCLUDES THAT NO EXTRAORDINARY CIRCUMSTANCES WARRANTING
RECONSIDERATION
HAVE BEEN ESTABLISHED. IN THIS REGARD, THE AUTHORITY NOTES THAT THE
INTERVENOR HAS NOT RAISED ANY MATTERS WHICH WERE NOT PREVIOUSLY IN THE
RECORD OF THE CASE CONSIDERED BY THE AUTHORITY PRIOR TO ISSUANCE OF ITS
DECISION. MOREOVER THE DETERMINATION NOT TO PERMIT THE INTERVENOR TO BE
INCLUDED ON BOTH THE BALLOT IN THE INDIVIDUAL UNITS AND THE ALTERNATIVE
OVERALL UNIT IS CONSISTENT WITH STANDARD PRACTICE IN SUCH ELECTIONS.
/12/
SIMILARLY, THE AUTHORITY CONCLUDES, UPON REVIEW OF THE PETITIONER'S
MOTION, THAT THE PETITIONER'S CONTENTIONS CONSTITUTE MERE DISAGREEMENT
WITH THE AUTHORITY'S DECISION AND AN ATTEMPT TO RELITIGATE THE CASE.
THEREFORE, NO EXTRAORDINARY CIRCUMSTANCES HAVE BEEN RAISED WARRANTING
RECONSIDERATION. AS TO THE REQUEST FOR BALLOT MODIFICATION, ELECTION
NOTICES POSTED FOR VOTER INFORMATION PROVIDE INSTRUCTION AS TO THE
EFFECT OF CHOICES BY THE VOTERS.
ACCORDINGLY, APART FROM OTHER CIRCUMSTANCES, BOTH MOTIONS FOR
RECONSIDERATION MUST BE, AND THEY HEREBY ARE, DENIED.
ISSUED, WASHINGTON, D.C., FEBRUARY 22, 1982
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES: ---------------
/1/ THE AUTHORITY NOTES THAT THE PANAMA CANAL ACT OF 1979 (93 STAT.
456) 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. THE
AUTHORITY'S DECISION IN THESE CASES IS LIMITED TO THE SPECIAL
CIRCUMSTANCES WHICH EXIST WITH RESPECT TO THAT EXTENDED COVERAGE AND TO
THE FACTS SURROUNDING THESE CASES.
/2/ THE ORIGINAL PETITIONS IN CASE NOS. 6-RO-53(P) AND 6-RO-54(P)
WERE LIMITED TO NON-UNITED STATES CITIZENS. LIKEWISE, THE PETITION IN
CASE NO. 6-RO-54(P) WAS ORIGINALLY DESCRIBED AS INCLUDING BOTH
NON-APPROPRIATED AND APPROPRIATED FUND EMPLOYEES. DURING THE COURSE OF
THE HEARING THE UNIT DESCRIPTIONS WERE AMENDED SEVERAL TIMES, AND AS NOW
SOUGHT INCLUDE BOTH UNITED STATES CITIZENS AND NON-UNITED STATES
CITIZENS AND EXCLUDE NON-APPROPRIATED FUND EMPLOYEES.
/3/ THE ORIGINAL PETITION SOUGHT BOTH REGISTERED NURSES AND LICENSED
PRACTICAL NURSES (LPN'S). HOWEVER, DURING THE COURSE OF THE HEARING THE
PARTIES STIPULATED THAT LPN'S WERE NOT PROFESSIONALS WITHIN THE MEANING
OF THE STATUTE. ACCORDINGLY, THE UNIT DESCRIPTION IN CASE NO.
6-RO-27(P) IS AMENDED TO EXCLUDE LPN'S FROM THE PROFESSIONAL UNIT
SOUGHT.
/4/ AS IN DEFENSE MAPPING AGENCY, INTER-AMERICAN GEODETIC SURVEY, 5
FLRA NO. 85(1981), AND FOR THE REASONS STATED THEREIN, 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.
/5/ AS NMU INTERVENED IN THE ORIGINAL PETITION IN CASE NO.
6-RO-54(P), THE AUTHORITY WILL CONSIDER THE APPROPRIATENESS OF BOTH THE
ORIGINALLY PETITIONED FOR UNIT AS WELL AS THE OVERALL UNIT SOUGHT
THROUGH AMENDMENT AT THE HEARING.
/6/ THE COALITION IN ITS PROPOSED OVERALL UNIT SEEKS TO INCLUDE THE
EMPLOYEES OF THE DEFENSE PROPERTY DISPOSAL OFFICE LOCATED AT COROZAL.
IN A LETTER TO BRIGADE CPO, ENTERED INTO THE RECORD HEREIN, THE DEFENSE
LOGISTICS AGENCY, ON BEHALF OF THE DEFENSE PROPERTY DISPOSAL OFFICE,
PANAMA, MAINTAINS THAT THESE EMPLOYEES ARE PART OF AN EXISTING
EXCLUSIVELY REPRESENTED UNIT OF EMPLOYEES ASSIGNED TO THE DEFENSE
PROPERTY DISPOSAL REGION, MEMPHIS, TENNESSEE, WHICH WAS CERTIFIED IN
1977, UNDER APPROPRIATE PROVISIONS OF EXECUTIVE ORDER 11491, AS AMENDED.
HOWEVER, DEFENSE LOGISTICS AGENCY WAS NOT SERVED WITH NOTICE OF THIS
PROCEEDING, AND HAS NOT BEEN AFFORDED AN OPPORTUNITY TO STATE ITS
POSITION REGARDING THE UNIT SOUGHT BY THE COALITION. UNDER THESE
CIRCUMSTANCES, THE AUTHORITY SHALL NOT PASS UPON WHETHER THE EMPLOYEES
OF THE DEFENSE PROPERTY DISPOSAL OFFICE, PANAMA SHOULD BE INCLUDED IN
THE PETITIONED FOR OVERALL UNIT. NOTWITHSTANDING THE ABOVE, THESE
EMPLOYEES MAY CHOOSE TO VOTE UNDER CHALLENGE PURSUANT TO THE CHALLENGED
BALLOTS PROCEDURE CONTAINED IN SECTION 2422.18 OF THE AUTHORITY'S RULES
AND REGULATIONS.
/7/ THE SOLE EXCEPTION IS THE AREA OF CONSIDERATION FOR REDUCTIONS IN
FORCE (RIF), WHICH ARE GENERALLY SEPARATE FOR EACH TENANT ORGANIZATION.
BUT, EVEN HERE, THE ADMINISTRATION OF RIFS IS ACCOMPLISHED BY THE
BRIGADE'S CPO.
/8/ PANAMA CANAL COMMISSION, 5 FLRA NO. 20(1981), P. 13.
/9/ THE PARTIES COULD NOT AGREE AS TO THE STATUS OF TEMISTOCLES MALO
AND HARRIETTE NORMAN ON ARMY EXHIBIT 15 AT MEDDAC, NOR CONCERNING CARLOS
JARVIS ON ARMY EXHIBIT 19 AT BRIGADE. AS THE RECORD IS INSUFFICIENT TO
DETERMINE THEIR ELIGIBILITY TO VOTE IN THE ELECTIONS DIRECTED HEREIN,
THE AUTHORITY DOES NOT PASS ON THEIR ELIGIBILITY.
/10/ THIS STIPULATION IS SET FORTH AS ARMY EXHIBIT 5.
/11/ THE INTERVENOR'S MOTION IS PHRASED AS A REQUEST THAT THE
AUTHORITY CORRECT AN INADVERTENT ERROR CONTAINED IN ITS DECISION, I.E.,
THE INTERVENOR'S OMISSION FROM THE BALLOT IN THE OVERALL UNIT. INASMUCH
AS NO INADVERTENT ERROR WAS COMMITTED AND IN VIEW OF THE RELIEF SOUGHT
BY THE INTERVENOR, THE AUTHORITY SHALL TREAT THE INTERVENOR'S REQUEST AS
A MOTION FOR RECONSIDERATION WITHIN THE MEANING OF SECTION 2429.17 OF
THE AUTHORITY'S RULES AND REGULATIONS.
/12/ DEPARTMENT OF DEFENSE DEPENDENTS SCHOOLS, 6 FLRA NO. 55(1981).