[ v07 p489 ]
07:0489(74)RO
The decision of the Authority follows:
7 FLRA No. 74
UNITED STATES DEPARTMENT OF
THE NAVY, U.S. NAVAL STATION,
Panama /1/
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-51
UNITED STATES DEPARTMENT OF
THE NAVY, U.S. NAVAL STATION,
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-62
DECISION AND DIRECTION OF ELECTION
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 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 IN CASE NO. 6-RO-62, AMERICAN
FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 14, AFL-CIO (AFGE
LOCAL 14),
MOVED TO AMEND 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 PETITIONS 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). FOR THE REASONS MORE FULLY STATED IN DEFENSE
MAPPING
AGENCY, INTER-AMERICAN GEODETIC SURVEY, 5 FLRA NO. 85 (1981),
INVOLVING
THE SAME THRESHOLD ISSUE, THE MOTION OF AFGE LOCAL 14 TO AMEND
THE NAME
OF THE PETITIONER IS GRANTED. HOWEVER, AS IN DEFENSE MAPPING
AGENCY,
SUPRA, 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. /2/
UPON THE ENTIRE RECORD, INCLUDING A BRIEF TIMELY FILED BY THE
INTERVENOR, NATIONAL MARITIME UNION OF AMERICA, AFL-CIO (NMU),
THE
AUTHORITY FINDS:
THE COALITION SEEKS TO REPRESENT A UNIT, AS AMENDED AT THE
HEARING,
WHICH INCLUDES ALL (APPROXIMATELY 275) APPROPRIATED FUND
PROFESSIONAL
AND NONPROFESSIONAL EMPLOYEES OF THE ACTIVITY LOCATED IN
PANAMA,
EXCLUDING ALL MANAGEMENT OFFICIALS, SUPERVISORS, PERSONNEL
OFFICIALS,
AND EMPLOYEES AS DESCRIBED IN SECTION 7112(B)(2), (3), (4), (6) AND (7)
OF THE STATUTE. /3/ THE PETITIONER AND THE INTERVENOR AGREE, THE
ACTIVITY DOES NOT DISPUTE, AND THE AUTHORITY FINDS (SUBJECT TO
THE
RESULT OF THE SELF DETERMINATION ELECTION ORDERED INFRA) THAT
THIS UNIT
IS APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION UNDER
THE
STATUTE. /4/ HOWEVER, THE PARTIES ARE IN DISPUTE AS TO WHETHER
THE
INCUMBENTS OF CERTAIN JOB CLASSIFICATIONS SHOULD BE EXCLUDED
FROM THE
UNIT FOUND APPROPRIATE.
THE ALLEGED SUPERVISORS
THE PARTIES STIPULATED AT THE HEARING THAT THE INCUMBENTS OF
20
POSITIONS SPECIFICALLY IDENTIFIED IN THE RECORD SHOULD BE
EXCLUDED FROM
THE UNIT INASMUCH AS THEY ARE SUPERVISORS WITHIN THE MEANING OF
SECTION
7103(A)(10) OF THE STATUTE. ACCORDINGLY, THE STATUS OF THESE
INDIVIDUALS IS NOT AT ISSUE BEFORE THE AUTHORITY. HOWEVER, TEN
JOB
CLASSIFICATIONS REMAIN IN DISPUTE. SEVEN OF THESE ARE "LEADERS"
WHO,
WHILE THEY WORK IN DIFFERENT AREAS OF SPECIALIZATION, PERFORM
ESSENTIALLY THE SAME FUNCTIONS. /5/ THUS, EACH OF THE LEADERS
GETS
INSTRUCTIONS FROM HIS SUPERVISOR CONCERNING THE WORK TO BE
DONE AND THE
MANNER IN WHICH SUCH WORK IS TO BE PERFORMED; PASSES THESE
INSTRUCTIONS
ALONG TO THE OTHER EMPLOYEES ON THE JOB; DRAWS THE NECESSARY
EQUIPMENT
FOR THE JOB TO BE PERFORMED; DISTRIBUTES THE EQUIPMENT AND
TASKS TO THE
OTHER EMPLOYEES; WORKS ALONGSIDE THE OTHER EMPLOYEES IN
ACCOMPLISHING
THE JOB ASSIGNMENT THAT HAS BEEN RECEIVED FROM THE SUPERVISOR
AT THE
BEGINNING OF THE DAY; AND OBSERVES AND REPORTS TO THE
SUPERVISOR ON THE
OVERALL PROGRESS OF SUCH JOB ASSIGNMENT.
SECTION 7103(A)(10) OF THE STATUTE PROVIDES, IN PERTINENT PART,
THAT
A SUPERVISOR IS "AN INDIVIDUAL EMPLOYED BY AN AGENCY HAVING
AUTHORITY IN
THE INTEREST OF THE AGENCY TO HIRE, DIRECT, ASSIGN, PROMOTE,
REWARD,
TRANSFER, FURLOUGH, LAYOFF, RECALL, SUSPEND, DISCIPLINE, OR
REMOVE
EMPLOYEES, TO ADJUST THEIR GRIEVANCES, OR TO EFFECTIVELY
RECOMMEND SUCH
ACTION, IF THE EXERCISE OF THE AUTHORITY IS NOT MERELY ROUTINE
OR
CLERICAL IN NATURE BUT REQUIRES THE CONSISTENT EXERCISE OF
INDEPENDENT
JUDGMENT . . . ." THE RECORD INDICATES THAT NONE OF THE SEVEN
"LEADERS"
IN QUESTION EXERCISES ANY OF THE FOREGOING INDICIA OF
SUPERVISORY
AUTHORITY. RATHER, THE STATUS OF EACH LEADER IN RELATION TO THE
OTHER
EMPLOYEES WITH WHOM HE WORKS IS MERELY THAT OF A LEADMAN OR
MORE SENIOR
AND EXPERIENCED EMPLOYEE VIS-A-VIS JUNIOR AND LESS EXPERIENCED
EMPLOYEES. IN ANY EVENT, TO THE EXTENT THAT THE LEADERS MAY
HAVE ANY
RESPONSIBILITY FOR ASSIGNING WORK TO THE OTHER EMPLOYEES AND
DIRECTING
THEM IN THE PERFORMANCE OF SUCH WORK, THE EXERCISE OF THOSE
RESPONSIBILITIES IS ROUTINE IN NATURE AND DOES NOT INVOLVE ANY
INDEPENDENT JUDGMENT. ACCORDINGLY, THE AUTHORITY FINDS THAT
THE
INCUMBENTS OF THE SEVEN "LEADER" POSITIONS SET FORTH IN NOTE 5,
SUPRA,
ARE NOT SUPERVISORS WITHIN THE MEANING OF SECTION 7103(A)(10) OF
THE
STATUTE AND THEREFORE SHOULD BE INCLUDED IN THE UNIT FOUND
APPROPRIATE.
/6/
EMPLOYEES ALLEGEDLY ENGAGED IN PERSONNEL WORK IN OTHER
THAN A PURELY
CLERICAL CAPACITY
OF THE SIX EMPLOYEES WHOM THE ACTIVITY INITIALLY ALLEGED
SHOULD BE
EXCLUDED FROM THE UNIT ON THE BASIS THAT THEY ARE ENGAGED IN
PERSONNEL
WORK IN OTHER THAN A PURELY CLERICAL CAPACITY WITHIN THE
MEANING OF
SECTION 7112(B)(3) OF THE STATUTE, /7/ THE PARTIES STIPULATED AT THE
HEARING THAT FOUR PERFORM PURELY CLERICAL FUNCTIONS AND
THEREFORE SHOULD
BE INCLUDED IN THE UNIT FOUND APPROPRIATE. THE OTHER TWO
EMPLOYEES ARE
IN THE JOB CLASSIFICATIONS OF STAFFING ASSISTANT (TYPING), NM-06
AND
STAFFING CLERK (TYPING), NX-05.
THE RECORD DISCLOSES THAT THE STAFFING ASSISTANT ASSISTS HER
SUPERVISOR IN DETERMINING WHETHER APPLICANTS FOR PROMOTION
POSSESS THE
NECESSARY QUALIFICATIONS TO BE CONSIDERED BY COMPARING THE
INFORMATION
PROVIDED IN THE APPLICATION WITH THE STANDARDS OUTLINED FOR THE
VACANCY;
PREPARES FORMS FOR NOTIFYING INDIVIDUALS OF PERSONNEL ACTIONS
TAKEN;
AND MAINTAINS OFFICIAL PERSONNEL FILES. THE RECORD FURTHER
INDICATES
THAT THE STAFFING CLERK ASSISTS THE STAFFING ASSISTANT IN
PERFORMING HER
WORK, INCLUDING THE PREPARATION OF FORMS NOTIFYING INDIVIDUALS
OF
PERSONNEL ACTIONS TAKEN AND THE MAINTENANCE OF PERSONNEL
FILES; TYPES
AND DISTRIBUTES VACANCY ANNOUNCEMENTS; AND PERFORMS OTHER
CLERICAL
DUTIES WITH REGARD TO PERSONNEL MATTERS.
BASED ON THE FOREGOING, THE AUTHORITY CONCLUDES THAT BOTH
THE
STAFFING ASSISTANT (TYPING), NM-06 AND THE STAFFING CLERK
(TYPING),
NX-05 PERFORM FUNCTIONS THAT ARE PURELY CLERICAL IN NATURE.
THUS, BOTH
EMPLOYEES MERELY SCREEN APPLICATIONS FOR TECHNICAL
SUFFICIENCY, TYPE
ROUTINE PERSONNEL NOTIFICATION FORMS, AND KEEP PERSONNEL FILES
CURRENT.
ACCORDINGLY, THE AUTHORITY FINDS THAT THE INCUMBENTS OF THE
FOLLOWING
POSITIONS ARE ENGAGED IN PERSONNEL WORK IN A PURELY CLERICAL
CAPACITY
AND THEREFORE SHOULD BE INCLUDED IN THE UNIT FOUND
APPROPRIATE:
STAFFING ASSISTANT (TYPING), NM-06 AND STAFFING CLERK (TYPING),
NX-05.
SEE HEADQUARTERS, FORT SAM HOUSTON, FORT SAM HOUSTON, TEXAS,
5 FLRA NO.
46(1981).
THE ALLEGED MANAGEMENT OFFICIALS
THE ACTIVITY CONTENDS THAT THE INCUMBENTS IN THE JOB
CLASSIFICATIONS
OF SAFETY OFFICER, NM-11 AND FIRE PROTECTION INSPECTOR, NM-09
SHOULD BE
EXCLUDED FROM THE UNIT ON THE BASIS THAT THEY ARE MANAGEMENT
OFFICIALS
WITHIN THE MEANING OF SECTION (7103)(A)(11) OF THE STATUTE WHICH
DEFINES
MANAGEMENT OFFICIAL AS " . . . AN INDIVIDUAL EMPLOYED BY AN AGENCY
IN A
POSITION THE DUTIES AND RESPONSIBILITIES OF WHICH REQUIRE OR
AUTHORIZE
THE INDIVIDUAL TO FORMULATE, DETERMINE, OR INFLUENCE THE
POLICIES OF THE
AGENCY(.)" IN THE LEAD CASE OF DEPARTMENT OF THE NAVY, AUTOMATIC
DATA
PROCESSING SELECTION OFFICE, 7 FLRA NO. 24 (1981), THE AUTHORITY
INTERPRETED THE ABOVE DEFINITION OF MANAGEMENT OFFICIAL TO
INCLUDE THOSE
INDIVIDUALS WHO: (1) CREATE, ESTABLISH OR PRESCRIBE GENERAL
PRINCIPLES,
PLANS OR COURSES OF ACTION OR AN AGENCY; (2) DECIDE UPON OR
SETTLE UPON
GENERAL PRINCIPLES, PLANS OR COURSES OF ACTION FOR AN AGENCY;
OR (3)
BRING ABOUT OR OBTAIN A RESULT AS TO THE ADOPTION OF GENERAL
PRINCIPLES,
PLANS OR COURSES OF ACTION FOR AN AGENCY.
THE RECORD REVEALS THAT THE SAFETY OFFICER, NM-11 INSPECTS ALL
SHOPS
AND WORK AREAS TO MAKE SURE THAT NO UNSAFE CONDITIONS EXIST
AND, IF THEY
DO EXIST, TO SEE THAT THEY ARE CORRECTED. HE IS ALSO INVOLVED
WITH
TRAFFIC SAFETY ON THE GROUNDS OF THE ACTIVITY. WHILE THE
ACTIVITY
ALLEGES THAT HE FORMULATES POLICY, THE RECORD CONTAINS NO
EVIDENCE OF
ANY POLICY HE HAS FORMULATED. THE RECORD ALSO INDICATES THAT
WHILE HE
MAY SUGGEST CERTAIN CHANGES OR IMPROVEMENTS IN SAFETY
PROCEDURES AS A
RESULT OF HIS INSPECTIONS, THE SAFETY OFFICER HAS NO AUTHORITY
TO
INSTITUTE THEM BUT MUST SUBMIT ANY SUCH SUGGESTIONS TO THE
EXECUTIVE
OFFICER WHO HAS THE FINAL WORD ON WHETHER TO ACCEPT OR
REJECT THEM. ON
THE BASIS OF THE FOREGOING, THE AUTHORITY CONCLUDES THAT THE
SAFETY
OFFICER, NM-11 IS NOT A MANAGEMENT OFFICIAL WITHIN THE MEANING
OF
SECTION 7103(A)(11) OF THE STATUTE INASMUCH AS HE DOES NOT
FORMULATE,
DETERMINE, OR INFLUENCE THE POLICIES OF THE ACTIVITY WITHIN THE
MEANING
GIVEN THOSE TERMS BY THE AUTHORITY IN DEPARTMENT OF THE NAVY,
AUTOMATIC
DATA PROCESSING SELECTION OFFICE, SUPRA. THAT IS, HE MERELY
SUGGESTS
CERTAIN SPECIFIC SAFETY IMPROVEMENTS TO OTHERS (WHO HAVE THE
AUTHORITY
TO DECIDE UPON AND IMPLEMENT SAFETY POLICY) AS A RESULT OF HIS
ROUTINE
INSPECTIONS OF THE ACTIVITY'S FACILITIES. HE NEITHER CREATES NOR
DECIDES UPON THE ACTIVITY'S SAFETY POLICIES, AND THERE IS
INSUFFICIENT
EVIDENCE IN THE RECORD TO DEMONSTRATE THAT HE BRINGS ABOUT OR
OBTAINS A
RESULT AS TO THE ACTIVITY'S SAFETY POLICIES. ACCORDINGLY, HE
SHOULD BE
INCLUDED IN THE UNIT FOUND APPROPRIATE.
THE RECORD FURTHER INDICATES THAT THE FIRE PROTECTION
INSPECTOR,
NM-09 IS INVOLVED WITH FIRE SAFETY AND FIRE PROTECTION WITHIN THE
ACTIVITY. HE INSPECTS THE BUILDINGS AND WORK AREAS OF THE
ACTIVITY TO
INSURE THAT THERE ARE NO FIRE HAZARDS, AND TAKES STEPS TO
CORRECT ANY
PROBLEM THAT HE FINDS. THE RECORD INDICATES THAT HE DOES NOT
HAVE THE
AUTHORITY TO ISSUE ANY FIRE PROTECTION POLICIES OR DIRECTIVES,
BUT
RATHER MUST GO THROUGH OTHERS SUCH AS THE EXECUTIVE OFFICER,
COMMANDING
OFFICER, AND PUBLIC WORKS OFFICER WHO DO HAVE THE AUTHORITY TO
ISSUE
SUCH POLICIES OR DIRECTIVES. MOREOVER, THE RECORD CONTAINS NO
SUPPORT
FOR A FINDING THAT HE BRINGS ABOUT OR OBTAINS A RESULT AS TO THE
ADOPTION OF PLANS OR COURSES OF ACTION WITH REGARD TO
CHANGES IN THE
ACTIVITY'S FIRE PROTECTION POLICIES. ACCORDINGLY, AS THE RECORD
INDICATES THAT THE FIRE PROTECTION INSPECTOR, NM-09 DOES NOT
FORMULATE,
DETERMINE OR INFLUENCE THE ACTIVITY'S POLICIES WITHIN THE MEANING
OF
SECTION 7103(A)(11) OF THE STATUTE, THE AUTHORITY FINDS THAT HE IS
NOT A
MANAGEMENT OFFICIAL AND THEREFORE SHOULD BE INCLUDED IN THE
UNIT FOUND
APPROPRIATE.
ALLEGED SECURITY EXCEPTION
FINALLY, THE ACTIVITY CONTENDS THAT THE CLASSIFIED MATERIAL
SYSTEMS
CUSTODIAN, NM-07 SHOULD BE EXCLUDED FROM THE UNIT PURSUANT TO
SECTION
7112(B)(6) OF THE STATUTE, WHICH REQUIRES THE EXCLUSION FROM AN
APPROPRIATE UNIT OF "ANY EMPLOYEE ENGAGED IN INTELLIGENCE,
COUNTERINTELLIGENCE, INVESTIGATIVE, OR SECURITY WORK WHICH
DIRECTLY
AFFECTS NATIONAL SECURITY . . . ." /8/ THE INCUMBENT OF THIS JOB
CLASSIFICATION MAINTAINS A CLASSIFIED MATERIAL SYSTEM WITHIN THE
U. S.
NAVAL COMMUNICATIONS STATION AT THE ACTIVITY. HE REVIEWS AND
LOGS IN
ALL CLASSIFIED MATERIAL UP TO AND INCLUDING "CRYPTO"
CLASSIFICATION,
WHICH IS A DESIGNATION HIGHER THAN "TOP SECRET." AS THE RECORD
INDICATES
THAT THE CLASSIFIED MATERIAL SYSTEMS CUSTODIAN, NM-07 HANDLES
HIGHLY
CLASSIFIED COMMUNICATIONS WHICH DIRECTLY AFFECT NATIONAL
SECURITY, THE
AUTHORITY FINDS THAT HE SHOULD BE EXCLUDED FROM THE UNIT
PURSUANT TO
SECTION 7112(B)(6) OF THE STATUTE.
CONCLUSION
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 PURPOSES OF
EXCLUSIVE
RECOGNITION UNDER THE STATUTE:
ALL APPROPRIATED FUND PROFESSIONAL /9/ AND NONPROFESSIONAL
EMPLOYEES
OF THE UNITED STATES
DEPARTMENT OF THE NAVY, U.S. NAVAL STATION, LOCATED IN THE
REPUBLIC
OF PANAMA, EXCLUDING ALL
MANAGEMENT OFFICIALS, SUPERVISORS, PERSONNEL OFFICIALS, AND
EMPLOYEES
AS DESCRIBED IN SECTION
7112(B)(2), /10/ (3), (4), (6) AND (7) OF THE STATUTE.
IT IS NOTED THAT THIS UNIT INCLUDES PROFESSIONAL EMPLOYEES.
PURSUANT
TO SECTION 7112(B)(5) OF THE STATUTE, THE AUTHORITY IS PROHIBITED
FROM
INCLUDING PROFESSIONAL EMPLOYEES IN A UNIT WITH
NONPROFESSIONAL
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 NONPROFESSIONAL
EMPLOYEES MUST
BE ASCERTAINED BY A SELF DETERMINATION ELECTION. THE AUTHORITY,
THEREFORE, DIRECTS SEPARATE ELECTIONS IN THE FOLLOWING
GROUPS:
VOTING GROUP (A): ALL APPROPRIATED FUND PROFESSIONAL
EMPLOYEES OF
THE UNITED STATES
DEPARTMENT OF THE NAVY, U.S. NAVAL STATION, LOCATED IN THE
REPUBLIC
OF PANAMA, EXCLUDING ALL
NONPROFESSIONAL EMPLOYEES, ALL MANAGEMENT OFFICIALS,
SUPERVISORS,
PERSONNEL OFFICIALS, AND
EMPLOYEES AS DESCRIBED IN SECTION 7112(B)(2), (3), (4), (6) AND (7)
OF THE STATUTE.
VOTING GROUP (B): ALL APPROPRIATED FUND NONPROFESSIONAL
EMPLOYEES OF
THE UNITED STATES
DEPARTMENT OF THE NAVY, U.S. NAVAL STATION, LOCATED IN THE
REPUBLIC
OF PANAMA, EXCLUDING ALL
PROFESSIONAL EMPLOYEES, MANAGEMENT OFFICIALS, SUPERVISORS,
PERSONNEL
OFFICIALS, AND EMPLOYEES
AS DESCRIBED IN SECTION 7112 (B)(2), (3), (4), (6) AND (7) OF THE
STATUTE.
THE EMPLOYEES IN 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 VOTING GROUP (A) WILL BE ASKED TWO QUESTIONS
ON
THEIR BALLOTS: (1) WHETHER 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 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 NONPROFESSIONAL
EMPLOYEES,
THE BALLOTS OF VOTING GROUP (A) SHALL BE COMBINED WITH THOSE OF
VOTING
GROUP (B). IN THE EVENT THAT A MAJORITY OF THE VALID VOTES IN
VOTING
GROUP (A) IS NOT CAST FOR INCLUSION IN THE UNIT WITH
NONPROFESSIONAL
EMPLOYEES, THE PROFESSIONALS WILL BE TAKEN TO HAVE INDICATED
THEIR
DESIRE TO CONSTITUTE A SEPARATE UNIT AND AN APPROPRIATE
CERTIFICATION
WILL BE ISSUED INDICATING WHETHER OR NOT THESE EMPLOYEES
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.
THUS, THE UNIT DETERMINATION HEREIN IS BASED IN PART UPON THE
RESULT
OF THE ELECTION AMONG THE PROFESSIONAL EMPLOYEES. HOWEVER,
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 NONPROFESSIONAL EMPLOYEES, THE FOLLOWING
EMPLOYEES
CONSTITUTE A UNIT APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE
RECOGNITION
WITHIN THE MEANING OF SECTION 7112 OF THE STATUTE:
ALL APPROPRIATED FUND PROFESSIONAL AND NONPROFESSIONAL
EMPLOYEES OF
THE UNITED STATES
DEPARTMENT OF THE NAVY, LOCATED IN THE REPUBLIC OF PANAMA,
EXCLUDING
ALL MANAGEMENT OFFICIALS,
SUPERVISORS, PERSONNEL OFFICIALS, AND EMPLOYEES 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 THE UNIT WITH THE NONPROFESSIONAL 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 APPROPRIATED FUND PROFESSIONAL EMPLOYEES OF THE
UNITED STATES
DEPARTMENT OF THE
NAVY, U.S. NAVAL STATION, LOCATED IN THE REPUBLIC OF PANAMA,
EXCLUDING ALL NONPROFESSIONAL
EMPLOYEES, MANAGEMENT OFFICIALS, SUPERVISORS, PERSONNEL
OFFICIALS,
AND EMPLOYEES AS DESCRIBED
IN SECTION 7112(B)(2), (3), (4), (6) AND (7) OF THE STATUTE.
(B) ALL APPROPRIATED FUND NONPROFESSIONAL EMPLOYEES OF THE
UNITED
STATES DEPARTMENT OF THE
NAVY, U.S. NAVAL STATION, LOCATED IN THE REPUBLIC OF PANAMA,
EXCLUDING ALL PROFESSIONAL
EMPLOYEES, MANAGEMENT OFFICIALS, SUPERVISORS, PERSONNEL
OFFICIALS,
AND EMPLOYEES AS DESCRIBED
IN SECTION 7-12(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, AS INDICATED INFRA, ELECTIONS BY SECRET BALLOT
SHALL BE
CONDUCTED AMONG EMPLOYEES IN THE VOTING GROUPS DESCRIBED
ABOVE AS EARLY
AS POSSIBLE FOLLOWING THE CONCLUSION OF THE ABOVE-REFERENCED
POSTING
PERIOD. THE APPROPRIATE REGIONAL DIRECTOR SHALL SUPERVISE OR
CONDUCT,
AS APPROPRIATE, 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 OR NOT 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., DECEMBER 31, 1981
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES: ---------------
/1/ THE NAME OF THE ACTIVITY APPEARS AS FORMALLY AMENDED AT
THE
HEARING.
/2/ IN CASE NO. 6-RO-51, AFSCME LOCAL 907 FILED A PETITION SEEKING
TO
REPRESENT A UNIT CONSISTING OF ALL NON-U.S. CITIZEN EMPLOYEES OF
THE
U.S. NAVY, PANAMA, BUT MOVED TO WITHDRAW ITS PETITION AT THE
HEARING IN
ORDER TO JOIN WITH THE COALITION IN CASE NO. 6-RO-62 TO REPRESENT
A UNIT
WHICH INCLUDES SUCH EMPLOYEES. THE MOTION FILED BY AFSCME
LOCAL 907 TO
WITHDRAW ITS PETITION IN CASE NO. 6-RO-51 IS HEREBY GRANTED.
/3/ AMONG THOSE EXCLUDED FROM THE UNIT ARE THE EMPLOYEES OF
THE U.S.
NAVAL SECURITY GROUP, GALETA ISLAND, INASMUCH AS THEIR COMMAND
IS
SPECIFICALLY EXEMPTED FROM COVERAGE UNDER THE STATUTE BY
EXECUTIVE ORDER
12171.
/4/ 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.
/5/ THE SEVEN DISPUTED "LEADER" JOB CLASSIFICATIONS ARE:
ELECTRICAL
MECHANICAL LEADER, ML-12; GROUNDS MAINTENANCEMAN LEADER,
ML-03;
CARPENTER LEADER, LX-09; CEMENT FINISHER LEADER, ML-08; AIR
CONDITIONING EQUIPMENT MECHANICAL LEADER, ML-10; PEST
CONTROLLER
LEADER, ML-08; AND MAINTENANCE FUEL DISTRIBUTION SYSTEMS
LEADER, ML-08.
/6/ INASMUCH AS THE RECORD CONTAINS NO EVIDENCE WITH RESPECT
TO THE
DUTIES PERFORMED BY THE INCUMBENTS IN THE DISPUTED POSITIONS OF
COMPUTER
PROGRAMMER, NM-07, SUPERVISORY SUPPLY TECHNICIAN, NM-08, AND
ANTENNA
MECHANIC FOREMAN, SC-09, THE AUTHORITY MAKES NO FINDING AS TO
THE
INCLUSION OR EXCLUSION OF SUCH POSITIONS.
/7/ SECTION 7112(B)(3) OF THE STATUTE PROVIDES:
SECTION 7112. DETERMINATION OF APPROPRIATE UNITS FOR LABOR
ORGANIZATION REPRESENTATION
. . . .
(B) A UNIT SHALL NOT BE DETERMINED TO BE APPROPRIATE UNDER THIS
SECTION SOLELY ON THE BASIS OF THE EXTENT TO WHICH EMPLOYEES IN
THE
PROPOSED UNIT HAVE ORGANIZED, NOR SHALL A UNIT BE DETERMINED TO
BE
APPROPRIATE IF IT INCLUDES--
. . . .
(3) AN EMPLOYEE ENGAGED IN PERSONNEL WORK IN OTHER THAN A
PURELY
CLERICAL CAPACITY(.)
/8/ THE ACTIVITY INADVERTENTLY REFERS TO SECTION 7112(B)(7) OF THE
STATUTE, WHICH INVOLVES THE "INTERNAL SECURITY OF THE AGENCY"
RATHER
THAN "NATIONAL SECURITY," AS THE BASIS FOR THE EMPLOYEE'S
EXCLUSION FROM
THE UNIT.
/9/ THE PARTIES STIPULATED THE INCUMBENTS IN THE JOB
CLASSIFICATIONS
OF CIVIL ENGINEER, NM-12 AND ARCHITECT ARE PROFESSIONAL
EMPLOYEES WITHIN
THE MEANING OF SECTION 7103(A)(15) OF THE STATUTE.
/10/ THE PARTIES STIPULATED THAT THE INCUMBENTS IN THE JOB
CLASSIFICATIONS OF SECRETARY (TYPING), NM-06; SECRETARY
(STENOGRAPHY)
NM-05; SECRETARY (TYPING,) NM-07; AND SECRETARY (TYPING), NM-05
SHOULD
BE EXCLUDED FROM THE UNIT AS THEY ARE CONFIDENTIAL EMPLOYEES
WITHIN THE
MEANING OF SECTION 7103(A)(13) OF THE STATUTE.