Department of the Air Force Headquarters, 24th Combat Support Group (TAC) Panama (Activity) and Panama DOD Employees Coalition, CTRP (AFSCME Local 907; AFGE Local 14; AFGE Local 1805)(Petitioner) and National Maritime Union of America (Intervenor); Department of the Air Force, 1202 Postal Squadron, Panama City, Panama (Activity) and American Federation of Government Employees, American Federation of Government Employees, Local 14 (Petitioner) and National Maritime Union of America, AFL-CIO (Intervenor)
[ v07 p499 ]
07:0499(75)RO
The decision of the Authority follows:
7 FLRA No. 75
DEPARTMENT OF THE AIR FORCE HQ,
24TH COMBAT SUPPORT GROUP (TAC) 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-52
DEPARTMENT OF THE AIR FORCE
1202 POSTAL SQUADRON
PANAMA CITY, PANAMA
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 14
Petitioner
and
NATIONAL MARITIME UNION OF
AMERICA, AFL-CIO
Intervenor
Case No. 6-RO-56 /1/
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, /2/ A HEARING WAS HELD BEFORE A HEARING OFFICER OF THE
AUTHORITY. THE AUTHORITY WAS HELD 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-52, AMERICAN
FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO,
LOCAL 907,
CTRP (AFSCME LOCAL 907), 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 (DOD) EMPLOYEES IN THE CANAL ZONE. THE THREE ARE
AFSCME LOCAL
907; AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO,
LOCAL 14
(AFGE LOCAL 14); AND AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES,
AFL-CIO, LOCAL 1805 (AFGE LOCAL 1805). 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 THE MOTION OF AFSCME LOCAL 907 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
AFSCME
LOCAL 907 TO CHANGE THE NAME OF THE PETITIONER IS GRANTED. /3/ IN
GRANTING THE MOTION, HOWEVER, THE AUTHORITY SHALL ORDER 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 PARTIES STIPULATED AT THE HEARING TO AMEND THE PETITIONED
FOR
UNIT TO EXPAND ITS SCOPE TO ENCOMPASS ALL "APPROPRIATED FUND
PROFESSIONAL AND NON-PROFESSIONAL EMPLOYEES OF ALL TACTICAL
AIR COMMAND
(TAC) UNITS AND ALL NON-TAC TENANT UNITS OF THE UNITED STATES AIR
FORCE
IN THE REPUBLIC OF PANAMA," EXCLUDING ALL MANAGEMENT OFFICIALS
AND
EMPLOYEES AS DEFINED IN 5 U.S.C. 7112(B)(2), (3), (4), (6) AND (7) OF
THE STATUTE. THE PARTIES ARE IN AGREEMENT AND THE AUTHORITY
FINDS,
SUBJECT TO THE RESULTS OF THE SELF-DETERMINATION ELECTION
ORDERED INFRA,
THAT THIS UNIT IS APPROPRIATE. /4/
THE PARTIES STIPULATED, AND IN VIEW OF THE FACT THAT NO
EVIDENCE WAS
PRESENTED TO THE CONTRARY, THE AUTHORITY FINDS THAT THE
INCUMBENTS IN
THE POSITIONS LISTED IN APPENDIX A SHOULD BE EXCLUDED FROM THE
UNIT
BECAUSE THEY ARE MANAGEMENT OFFICALS WITHIN THE MEANING OF
SECTION
7103(A)(11) OF THE STATUTE. /5/ THE PARTIES STIPULATED, AND IN VIEW
OF
THE FACT THAT NO EVIDENCE WAS PRESENTED TO THE CONTRARY, THE
AUTHORITY
FINDS THAT THE POSITIONS LISTED IN APPENDIX B SHOULD BE EXCLUDED
FROM
THE UNIT /6/ BECAUSE THEY ARE SUPERVISORY POSITIONS WITHIN THE
MEANING
OF SECTION 7103(A)(10) OF THE STATUTE. /7/
FURTHER, THE PARTIES STIPULATED, AND IN VIEW OF THE FACT THAT
NO
EVIDENCE WAS PRESENTED TO THE CONTRARY, THE AUTHORITY FINDS
THAT THE
POSITIONS LISTED IN APPENDIX C SHOULD BE EXCLUDED FROM THE UNIT
BECAUSE
THEY ARE ENGAGED IN PERSONNEL WORK IN OTHER THAN A PURELY
CLERICAL
CAPACITY WITHIN THE MEANING OF SECTION 7112(B)(3) OF THE STATUTE.
/8/
THE PARTIES ALSO STIPULATED, AND IN VIEW OF THE FACT THAT NO
EVIDENCE
WAS PRESENTED TO THE CONTRARY, THE AUTHORITY FINDS THAT THE
INCUMBENTS
IN THE POSITIONS LISTED IN APPENDIX D SHOULD BE EXCLUDED FROM
THE UNIT
BECAUSE THEY ARE CONFIDENTIAL EMPLOYEES WITHIN THE MEANING OF
SECTION
7103(A)(13) OF THE STATUTE. /9/
FINALLY, THE PARTIES STIPULATED, AND IN VIEW OF THE FACT THAT NO
EVIDENCE WAS PRESENTED TO THE CONTRARY, THE AUTHORITY FINDS
THAT THE
POSITION OCCUPIED BY INCUMBENT KAREN J. TAMEZ, NM-318-05,
SECRETARY,
OFFICE OF SPECIAL INVESTIGATIONS, SHOULD BE EXCLUDED FROM THE
UNIT AS
SHE IS ENGAGED IN INTELLIGENCE, COUNTERINTELLIGENCE,
INVESTIGATIVE, OR
SECURITY WORK WHICH DIRECTLY AFFECTS NATIONAL SECURITY WITHIN
THE
MEANING OF SECTION 7112(B)(6) OF THE STATUTE. /10/
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 APPROPRIATED FUND PROFESSIONAL AND NON-PROFESSIONAL
EMPLOYEES OF
ALL TACTICAL AIR
COMMAND (TAC) UNITS AND ALL NON-TAC TENANT UNIS OF THE UNITED
STATES
AIR FORCE IN THE PANAMA,
EXCLUDING ALL MANAGEMENT OFFICIALS, SUPERVISORS, 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, AND IN VIEW THAT NO EVIDENCE WAS PRESENTED
TO THE
CONTRARY, THE AUTHORITY FINDS THE POSITIONS LISTED IN APPENDIX E
ARE
PROFESSIONAL EMPLOYEES WITHIN THE MEANING OF SECTION 7103(A)(15)
OF THE
STATUTE. /11/
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:
(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 OF
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(.)
VOTING GROUP (A): ALL APPROPRIATED FUND PROFESSIONAL
EMPLOYEES OF
ALL TACTICAL AIR COMMAND
(TAC) UNITS AND ALL NON-TAC TENANT UNITS OF THE UNITED STATES
AIR
FORCE IN THE REPUBLIC OF
PANAMA, EXCLUDING ALL NON-PROFESSIONAL EMPLOYEES,
MANAGEMENT
OFFICIALS, SUPERVISORS, AND
EMPLOYEES AS DESCRIBED IN SECTION 7112(B)(2), (3), (4), (6) AND (7)
OF THE STATUTE.
VOTING GROUP (B): ALL APPROPRIATED FUND NON-PROFESSIONAL
EMPLOYEES
OF ALL TACTICAL AIR
COMMAND (TAC) UNITS AND ALL NON-TAC TENANT UNITS OF THE UNITED
STATES
AIR FORCE IN THE
REPUBLIC OF PANAMA, EXCLUDING ALL PROFESSIONAL EMPLOYEES,
MANAGEMENT
OFFICIALS, SUPERVISORS,
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,
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 OF SECTION 7112 OF THE STATUTE:
ALL APPROPRIATED FUND PROFESSIONAL AND NON-PROFESSIONAL
EMPLOYEES OF
ALL TACTICAL AIR
COMMAND (TAC) UNITS AND ALL NON-TAC TENANT UNITS OF THE UNITED
STATES
AIR FORCE IN THE
REPUBLIC OF PANAMA, EXCLUDING ALL MANAGEMENT OFFICIALS,
SUPERVISORS,
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 DOES 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 APPROPRIATED FUND PROFESSIONAL EMPLOYEES OF ALL
TACTICAL AIR
COMMAND (TAC) UNITS
AND ALL NON-TAC TENANT UNITS OF THE UNITED STATES AIR FORCE IN
THE
REPUBLIC OF PANAMA,
EXCLUDING ALL NON-PROFESSIONAL EMPLOYEES, MANAGEMENT
OFFICIALS,
SUPERVISORS, AND EMPLOYEES AS
DESCRIBED IN SECTION 7112(B)(2), (3), (4), (6) AND (7) OF THE
STATUTE.
(B) ALL APPROPRIATED FUND NON-PROFESSIONAL EMPLOYEES OF ALL
TACTICAL
AIR COMMAND (TAC)
UNITS AND ALL NON-TAC TENANT UNITS OF THE UNITED STATES AIR
FORCE IN
THE REPUBLIC OF PANAMA,
EXCLUDING ALL PROFESSIONAL EMPLOYEES, MANAGEMENT OFFICIALS,
SUPERVISORS, 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 SOON 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 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.
ISSUES, WASHINGTON, D.C., DECEMBER 31, 1981
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
APPENDIX A - MANAGEMENT OFFICIALS
(TABLE OMITTED)
APPENDIX B - SUPERVISORY POSITIONS
(TABLE OMITTED)
APPENDIX C - PERSONNEL WORK
(TABLE OMITTED)
APPENDIX D - CONFIDENTIAL EMPLOYEES
(TABLE OMITTED)
APPENDIX E - PROFESSIONAL POSITIONS
(TABLE OMITTED)
--------------- FOOTNOTES: ---------------
/1/ AT THE HEARING, THE PETITIONER IN CASE NO. 6-RO-56, THE
AMERICAN
FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 14 (AFGE),
MOVED TO
HAVE ITS PETITION WITHDRAWN BECAUSE IT IS A MEMBER OF THE NEWLY
FORMED
COALITION IN CASE NO. 6-RO-52 AND THE AMENDED PETITION IN THAT
CASE
ENCOMPASSES ITS PETITIONED FOR UNIT. THE ACTIVITY AND INTERVENOR
HAD NO
OBJECTIONS TO THE MOTION TO WITHDRAW. THE AUTHORITY HEREBY
GRANTS
AFGE'S MOTION TO WITHDRAW ITS PETITION IN CASE NO. 6-RO-56.
/2/ IN THIS REGARD, IT IS NOTED 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.
/3/ DEFENSE MAPPING AGENCY, INTER-AMERICAN GEODETIC SURVEY, 5
FLRA
NO. 85(1981).
/4/ SECTION 7112(A)(1) OF THE STATUTE PROVIDES:
SECTION 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.
/5/ SECTION 7103(A)(11). DEFINITIONS; APPLICATION
(A) FOR THE PURPOSE OF THIS CHAPTER--
. . . .
(1) "MANAGEMENT OFFICIAL" MEANS 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(.)
(6) THE PARTIES WERE NOT IN AGREEMENT WHETHER GUILLERMO E.
CONEO AND
JOSEPH LEWIS BOTH NM-1101-06, BOWLING ALLEY MANAGERS OR JEROME
BOYCE AND
WILLIAM A. FORTH BOTH OPEN MESS ASSISTANT MANAGERS ARE
SUPERVISORS
WITHIN THE MEANING OF SECTION 7103(A)(10). THERE IS INSUFFICIENT
EVIDENCE IN THE RECORD FOR THE AUTHORITY TO MAKE A
DETERMINATION WITH
REGARD TO THESE INDIVIDUALS. THEREFORE, IN VIEW OF THE FACT
THESE
POSITIONS INVOLVE ONLY FOUR INCUMBENTS, THE AUTHORITY VIEWS
RESOLUTION
OF THE ISSUE OF THEIR STATUS AT THIS POINT AS NOT ESSENTIAL TO
THE
LIKELY CONCLUSION OF THE ELECTIVE PROCESS. IT IS NOTED THAT THE
AUTHORITY'S ELECTION PROCESS ALLOWS A CHALLENGE TO ANY BALLOT
CAST.
SECTION 2422.18 OF THE AUTHORITY'S RULES AND REGULATIONS
PROVIDES:
SECTION 2422.18 CHALLENGED BALLOTS.
ANY PARTY OR THE REPRESENTATIVE OF THE AUTHORITY MAY
CHALLENGE, FOR
GOOD CAUSE, THE
ELIGIBILITY OF ANY PERSON TO PARTICIPATE IN THE ELECTION. THE
BALLOTS OF SUCH CHALLENGED
PERSONS SHALL BE IMPOUNDED.
FURTHER, ANY QUESTION REMAINING AFTER CERTIFICATION OF ANY
UNIT MAY
BE RESOLVED BY THE PARTIES THROUGH THE FILING OF A CLARIFICATION
OF UNIT
PETITION.
SECTION 2422.1(D) OF THE AUTHORITY'S RULES AND REGULATIONS
PROVIDES:
SECTION 2422.1 WHO MAY FILE PETITIONS.
. . . .
(D) A PETITION FOR CLARIFICATION OF AN EXISTING UNIT OR FOR
AMENDMENT
OF RECOGNITION OR
CERTIFICATION MAY BE FILED BY AN ACTIVITY OR AGENCY OR BY A
LABOR
ORGANIZATION WHICH IS
CURRENTLY RECOGNIZED BY THE ACTIVITY OR AGENCY AS AN
EXCLUSIVE
REPRESENTATIVE.
/7/ SECTION 7103(A)(10). DEFINITIONS; APPLICATION
(A) FOR THE PURPOSE OF THIS CHAPTER--
. . . .
(10) "SUPERVISOR" MEANS 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, EXCEPT THAT, WITH RESPECT TO
ANY UNIT
WHICH INCLUDES FIREFIGHTERS OR NURSES, THE TERM "SUPERVISOR"
INCLUDES
ONLY THOSE INDIVIDUALS WHO DEVOTE A PREPONDERANCE OF THEIR
EMPLOYMENT
TIME TO EXERCISING SUCH AUTHORITY(.)
/8/ SECTION 7112(B)(3). 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(.)
/9/ SECTION 7103(A)(13). DEFINITIONS; APPLICATION
(A) FOR THE PURPOSE OF THIS CHAPTER--
. . . .
(13) "CONFIDENTIAL EMPLOYEE" MEANS AN EMPLOYEE WHO ACTS IN A
CONFIDENTIAL CAPACITY WITH
RESPECT TO AN INDIVIDUAL WHO FORMULATES OR EFFECTUATES
MANAGEMENT
POLICIES IN THE FIELD OF
LABOR-MANAGEMENT RELATIONS(.)
/10/ SECTION 7112(B)(6). 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--
. . . .
(6) ANY EMPLOYEE ENGAGED IN INTELLIGENCE,
COUNTER-INTELLIGENCE,
INVESTIGATIVE, OR SECURITY WORK WHICH DIRECTLY AFFECTS
NATIONAL
SECURITY(.)
/11/ SECTION 7103(A)(15). DEFINITIONS; APPLICATION
(A) FOR THE PURPOSE OF THIS CHAPTER--
. . . .