Department of the Army, Fort Bragg Schools (Respondent) and North Carolina Federation of Teachers, AFT, AFL-CIO (Labor Organization)



[ v03 p364 ]
03:0364(57)CA
The decision of the Authority follows:


 3 FLRA No. 57
 
 DEPARTMENT OF THE ARMY
 FORT BRAGG SCHOOLS
 Respondent
 
 and
 
 NORTH CAROLINA FEDERATION OF
 TEACHERS, AFT, AFL-CIO
 Labor Organization
 
                                            Case Nos. 4-CA-148
                                                      4-CA-149
                                                      4-CA-150
                                                      4-CA-151
                                                      4-CA-152
 
                            DECISION AND ORDER
 
    THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE-ENTITLED PROCEEDING ISSUED
 HIS RECOMMENDED DECISION AND ORDER FINDING THAT THE RESPONDENT HAD
 ENGAGED IN THE UNFAIR LABOR PRACTICES ALLEGED IN THE COMPLAINTS, AND
 RECOMMENDING THAT IT CEASE AND DESIST THEREFROM AND TAKE CERTAIN
 AFFIRMATIVE ACTIONS AS SET FORTH IN THE ATTACHED ADMINISTRATIVE LAW
 JUDGE'S RECOMMENDED DECISION AND ORDER. THEREAFTER, THE RESPONDENT FILED
 EXCEPTIONS TO THE ADMINISTRATIVE LAW JUDGE'S RECOMMENDED DECISION AND
 ORDER.
 
    THEREFORE, PURSUANT TO SECTION 2423.29 OF THE AUTHORITY'S RULES AND
 REGULATIONS (45 F.R. 3511, JANUARY 17, 1980) AND SECTION 7118 OF THE
 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7101 ET
 SEQ.), THE AUTHORITY HAS REVIEWED THE RULINGS OF THE ADMINISTRATIVE LAW
 JUDGE MADE AT THE HEARING AND FINDS THAT NO PREJUDICIAL ERROR WAS
 COMMITTED.  THE RULINGS ARE HEREBY AFFIRMED.  UPON CONSIDERATION OF THE
 ADMINISTRATIVE LAW JUDGE'S RECOMMENDED DECISION AND ORDER, AND THE
 ENTIRE RECORD IN THE SUBJECT CASE, INCLUDING THE RESPONDENT'S
 EXCEPTIONS, THE AUTHORITY HEREBY ADOPTS THE ADMINISTRATIVE LAW JUDGE'S
 FINDINGS, CONCLUSIONS AND RECOMMENDATIONS.  IN ADOPTING THE
 ADMINISTRATIVE LAW JUDGE'S FINDINGS, CONCLUSIONS AND RECOMMENDATIONS,
 THE AUTHORITY HAS NOT CONSIDERED ANY ISSUES NOT RAISED IN THE
 PROCEEDINGS BEFORE THE ADMINISTRATIVE LAW JUDGE, IN ACCORDANCE WITH
 SECTION 2429.5 OF THE AUTHORITY'S RULES AND REGULATIONS (45 F.R. 3517)
 WHICH STATES, IN PERTINENT PART, "(T)HE AUTHORITY WILL NOT CONSIDER . .
 . ANY ISSUE . . .WHICH WAS NOT PRESENTED IN THE PROCEEDINGS BEFORE THE .
 . . ADMINISTRATIVE LAW JUDGE . . . "
 
                                   ORDER
 
    PURSUANT TO SECTION 2423.29 OF THE FEDERAL LABOR RELATIONS
 AUTHORITY'S RULES AND REGULATIONS AND SECTION 7118 OF THE STATUTE, THE
 AUTHORITY HEREBY ORDERS THAT THE DEPARTMENT OF THE ARMY, FORT BRAGG
 SCHOOLS, FORT BRAGG, NORTH CAROLINA, SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) PERMITTING SCHOOL PRINCIPALS OR OTHER SUPERVISORS TO ATTEND DULY
 AUTHORIZED INFORMATIONAL MEETINGS DESIGNED TO SOLICIT THE MEMBERSHIP OF
 TEACHERS IN THE NORTH CAROLINA FEDERATION OF TEACHERS, AFT, AFL-CIO, OR
 ANY OTHER LABOR ORGANIZATION.
 
    (B) PERMITTING THE SUPERINTENDENT OF SCHOOLS, OR ANY OTHER
 REPRESENTATIVE OF MANAGEMENT, TO MAKE STATEMENTS WHICH TEND TO
 DISCOURAGE EMPLOYEES FROM ENGAGING IN COLLECTIVE BARGAINING.
 
    (C) IN ANY LIKE OR RELATED MANNER INTERFERING WITH, RESTRAINING OR
 COERCING EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE
 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE.
 
    2.  TAKE THE FOLLOWING AFFIRMATIVE ACTION IN ORDER TO EFFECTUATE THE
 PURPOSES AND POLICIES OF THE STATUTE:
 
    (A) POST AT ITS FACILITIES LOCATED IN FORT BRAGG, NORTH CAROLINA,
 COPIES OF THE ATTACHED NOTICE MARKED "APPENDIX" ON FORMS TO BE FURNISHED
 BY THE AUTHORITY.  UPON RECEIPT OF SUCH FORMS, THEY SHALL BE SIGNED BY
 THE INSTALLATION COMMANDER AT FORT BRAGG, FORT BRAGG, NORTH CAROLINA,
 AND SHALL BE POSTED AND MAINTAINED BY HIM FOR 60 CONSECUTIVE DAYS
 THEREAFTER IN CONSPICUOUS PLACES, INCLUDING ALL BULLETIN BOARDS AND
 OTHER PLACES WHERE NOTICES TO EMPLOYEES ARE CUSTOMARILY POSTED.  THE
 INSTALLATION COMMANDER SHALL TAKE REASONABLE STEPS TO INSURE THAT SUCH
 NOTICES ARE NOT ALTERED, DEFACED, OR COVERED BY ANY OTHER MATERIAL.
 
    (B) NOTIFY THE REGIONAL DIRECTOR OF REGION IV, SUITE 501, 1776
 PEACHTREE STREET, N.W., ATLANTA, GEORGIA 30309, IN WRITING, WITHIN 30
 DAYS FROM THE DATE OF THIS ORDER AS TO WHAT STEPS HAVE BEEN TAKEN TO
 COMPLY HEREWITH.
 
    ISSUED, WASHINGTON, D.C., JUNE 10, 1980.
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
                                 APPENDIX
 
                          NOTICE TO ALL EMPLOYEES
 
           PURSUANT TO A DECISION AND ORDER OF THE FEDERAL LABOR
 
            RELATIONS AUTHORITY AND IN ORDER TO EFFECTUATE THE
 
          POLICIES OF CHAPTER 71 OF TITLE 5 OF THE UNITED STATES
 
              CODE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 
                   WE HEREBY NOTIFY OUR EMPLOYEES THAT:
 
    WE WILL NOT PERMIT SCHOOL PRINCIPALS OR OTHER SUPERVISORS TO ATTEND
 DULY AUTHORIZED INFORMATIONAL MEETINGS DESIGNED TO SOLICIT THE
 MEMBERSHIP OF TEACHERS IN THE NORTH CAROLINA FEDERATION OF TEACHERS,
 AFT, AFL-CIO, OR ANY OTHER LABOR ORGANIZATION.
 
    WE WILL NOT PERMIT THE SUPERINTENDENT OF SCHOOLS, OR ANY OTHER
 REPRESENTATIVE OF MANAGEMENT, TO MAKE STATEMENTS WHICH TEND TO
 DISCOURAGE EMPLOYEES FROM ENGAGING IN COLLECTIVE BARGAINING.
 
    WE WILL NOT IN ANY LIKE OR RELATED MANNER INTERFERE WITH, RESTRAIN,
 OR COERCE EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE
 STATUTE.
 
   .          .          .          .
 
 
                           (AGENCY OR ACTIVITY)
 
    DATED:  . . .  BY:  . . .
 
                                (SIGNATURE)
 
    THIS NOTICE MUST REMAIN POSTED FOR 60 CONSECUTIVE DAYS FROM THE DATE
 OF POSTING AND MUST NOT BE ALTERED, DEFACED OR COVERED BY ANY OTHER
 MATERIAL.
 
    IF EMPLOYEES HAVE ANY QUESTION CONCERNING THIS NOTICE, OR COMPLIANCE
 WITH ANY OF ITS PROVISIONS, THEY MAY COMMUNICATE DIRECTLY WITH THE
 REGIONAL DIRECTOR OF THE FEDERAL LABOR RELATIONS AUTHORITY, REGION IV,
 WHOSE ADDRESS IS:  SUITE 501, NORTH WING, 1776 PEACHTREE STREET, N.W.,
 ATLANTA, GEORGIA 30309, AND WHOSE TELEPHONE NUMBER IS (404) 881-2324.
 
    FEBRUARY 14, 1980
 
    MEMORANDUM TO:  THE FEDERAL LABOR RELATIONS AUTHORITY
 
    FROM:  RANDOLPH D. MASON
 
                         ADMINISTRATIVE LAW JUDGE
 
    PURSUANT TO SECTION 2423.26(B) OF THE FINAL RULES AND REGULATIONS
 (FEDERAL REGISTER, VOL. 45, NO. 12, JANUARY 17, 1980), I AM HEREBY
 TRANSFERRING THE ABOVE CASE TO THE AUTHORITY.  ENCLOSED ARE COPIES OF MY
 DECISION AND THE TRANSMITTAL FORM SENT TO THE PARTIES.  I AM
 TRANSMITTING DIRECTLY TO THE AUTHORITY THE ORIGINAL AND ADDITIONAL
 COPIES OF MY DECISION AS WELL AS THE TRANSCRIPT, EXHIBITS, BRIEFS,
 COPIES OF THE SERVICE SHEET AND TRANSMITTAL FORM.
 
    ENCLOSURES
 
                NOTICE OF TRANSMITTAL OF DECISION AND ORDER
 
    THE ABOVE-ENTITLED CASE HAVING BEEN HEARD BEFORE THE UNDERSIGNED
 ADMINISTRATIVE LAW JUDGE PURSUANT TO THE STATUTE AND THE FINAL RULES AND
 REGULATIONS OF THE AUTHORITY, THE UNDERSIGNED HEREBY SERVES HIS
 DECISION, A COPY OF WHICH IS ATTACHED HERETO, ON ALL PARTIES TO THE
 PROCEEDING ON THIS DATE, AND THIS CASE IS HEREBY TRANSFERRED TO THE
 FEDERAL LABOR RELATIONS AUTHORITY PURSUANT TO SECTION 2423.26(B) OF THE
 FINAL RULES AND REGULATIONS.  (FEDERAL REGISTER, VOL. 45, NO. 12,
 JANUARY 17, 1980).
 
    PLEASE BE ADVISED THAT IF ANY PARTY WISHES TO FILE EXCEPTIONS TO THE
 ATTACHED DECISION AND ORDER, PURSUANT TO SECTION 2423.26(C), SUCH
 EXCEPTIONS MUST BE FILED WITH THE AUTHORITY IN WASHINGTON, D.C., ON, OR
 BEFORE MARCH 10, 1980.  EXCEPTIONS SHOULD BE ADDRESSED TO:
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
                                 ROOM 7469
 
                           1900 E STREET, N.W.
 
                          WASHINGTON, D.C.  20424
 
    PLEASE BE FURTHER ADVISED THAT, PURSUANT TO SECTION 2423.29(A) OF THE
 FINAL RULES AND REGULATIONS, UNLESS EXCEPTIONS ARE TIMELY FILED, AND ARE
 IN ACCORDANCE WITH SECTION 2423.27, THE AUTHORITY MAY, AT ITS
 DISCRETION, ADOPT WITHOUT DISCUSSION THE DICISION OF THE ADMINISTRATIVE
 LAW JUDGE.
 
                             RANDOLPH D. MASON
 
                         ADMINISTRATIVE LAW JUDGE
 
    DATED:  FEBRUARY 14, 1980
 
    WASHINGTON, D.C.
 
    SAMUEL S. HORN, ESQ.
 
    OFFICE OF THE JUDGE ADVOCATE GENERAL
 
    FORT BRAGG, NORTH CAROLINA 20310
 
    CAPTAIN JAMES J. LYNCH, ESQ.
 
    CAPTAIN ALLAN AIRMANS, ESQ.
 
    OFFICE OF THE STAFF JUDGE ADVOCATE
 
    18TH AIRBORNE CORPS
 
    FORT BRAGG, NORTH CAROLINA 28307
 
                            FOR THE RESPONDENT
 
    DOUGLAS E. CANDERS, ESQ.
 
    112 OLD STREET
 
    FAYETTEVILLE, NORTH CAROLINA 28301
 
                          FOR THE CHARGING PARTY
 
    WILLIAM N. CATES, ESQ.
 
    REGIONAL ATTORNEY
 
    MATHILDA L. GENOVESE, ESQ.
 
    ATTORNEY
 
    FEDERAL LABOR RELATIONS AUTHORITY
 
    1776 PEACHTREE STREET, N.W.
 
    ATLANTA, GEORGIA 30309
 
                          FOR THE GENERAL COUNSEL
 
    BEFORE:  RANDOLPH D. MASON
 
                         ADMINISTRATIVE LAW JUDGE
 
                                 DECISION
 
    THESE CASES AROSE PURSUANT TO THE FEDERAL SERVICE LABOR-MANAGEMENT
 RELATIONS STATUTE, 92 STAT. 1191, 5 U.S.C. 7101, ET SEQ., AS A RESULT OF
 A CONSOLIDATED UNFAIR LABOR PRACTICE COMPLAINT FILED ON SEPTEMBER 18,
 1979, BY THE REGIONAL DIRECTOR, REGION IV, FEDERAL LABOR RELATIONS
 AUTHORITY, ATLANTA, GEORGIA, AGAINST THE DEPARTMENT OF THE ARMY, FORT
 BRAGG SCHOOLS.
 
    THE COMPLAINT ALLEGED THAT RESPONDENT VIOLATED 5 U.S.C. 7116(A)(1)
 WHEN THE SUPERINTENDENT OF SCHOOLS ALLEGEDLY SPOKE AGAINST COLLECTIVE
 BARGAINING AT A UNION ORGANIZATIONAL MEETING (4-CA-148).  IT ALSO
 ALLEGED FOUR ADDITIONAL VIOLATIONS OF THAT SECTION WHEN UNION
 INFORMATIONAL MEETINGS AT FOUR SEPARATE SCHOOLS WERE ATTENDED BY THEIR
 RESPECTIVE PRINCIPALS (4-CA-149, 150, 151, 152).  RESPONDENT DENIES EACH
 OF THESE ALLEGATIONS AND ALSO MOVES TO DISMISS THE COMPLAINT ON THE
 GROUND THAT THE AUTHORITY LACKS JURISDICTION OVER THESE EMPLOYEES.
 
    A HEARING WAS HELD IN THIS MATTER BEFORE THE UNDERSIGNED AT FORT
 BRAGG, NORTH CAROLINA, ON NOVEMBER 27, 1979.  ALL PARTIES WERE
 REPRESENTED BY COUNSEL AND AFFORDED FULL OPPORTUNITY TO BE HEARD, ADDUCE
 RELEVANT EVIDENCE, AND EXAMINE AND CROSS-EXAMINE WITNESSES.  ALL PARTIES
 FILED BRIEFS WHICH HAVE BEEN DULY CONSIDERED.  BASED ON THE ENTIRE
 RECORD HEREIN, INCLUDING MY OBSERVATION OF THE WITNESSES AND THEIR
 DEMEANOR, THE EXHIBITS AND OTHER RELEVANT EVIDENCE ADDUCED AT THE
 HEARING, I MAKE THE FOLLOWING FINDINGS OF FACT, CONCLUSIONS OF LAW, AND
 ORDER:
 
                         FINDINGS AND CONCLUSIONS
 
    JURISDICTION
 
    THE FIRST ISSUE FOR CONSIDERATION IS WHETHER THE AUTHORITY HAS
 JURISDICTION OVER THE TEACHERS AT THE FORT BRAGG SCHOOLS.  RESPONDENT
 ARGUES THAT THEY ARE NOT "EMPLOYEES" WITHIN THE MEANING OF SEC.
 7103(A)(2) OF THE STATUTE, 5 U.S.C. 7103(A)(2).  THE STATUTE GENERALLY
 STATES THAT IT PRESCRIBES CERTAIN RIGHTS AND OBLIGATIONS OF THE
 "EMPLOYEES OF THE FEDERAL GOVERNMENT." 5 U.S.C. 7101(B).  AN "EMPLOYEE)
 IS DEFINED, IN PART, AS AN INDIVIDUAL "EMPLOYED IN AN AGENCY." 5 U.S.C.
 7103(A)(2).  THE SECTION PROVIDES FOR FIVE SPECIFIED EXCEPTIONS (E.G.,
 SUPERVISORS) HAVING NO RELEVANCE TO THIS CASE.
 
    1.  RELATIONSHIP BETWEEN THE DEPARTMENT OF THE ARMY AND THE SCHOOL
 SYSTEM.
 
    RESPONDENT ARGUES THAT ALL THE EMPLOYEES OF THE FORT BRAGG SCHOOLS,
 INCLUDING THE SUPERINTENDENT, ARE "INDEPENDENT CONTRACTORS" AND THAT, AS
 SUCH, THE ENTIRE SCHOOL SYSTEM IS AN ENTITY SEPARATE AND APART FROM THE
 FEDERAL GOVERNMENT, I.E. THE RESPONDENT DEPARTMENT OF THE ARMY.  /1/ I
 DISAGREE.
 
    THE FORT BRAGG SCHOOLS WERE ESTABLISHED PURSUANT TO SECTION 6, TITLE
 I, PUBLIC LAW 81-874, 20 U.S.C. 241 (HEREINAFTER "SECTION 6").  THE
 HISTORY OF THAT LAW INDICATES THAT IT WAS THE INTENT OF CONGRESS THAT,
 WHEREVER POSSIBLE, FREE PUBLIC EDUCATION FOR CHILDREN LIVING ON FEDERAL
 PROPERTY WOULD BE PROVIDED BY THE REGULARLY CONSTITUTED STATE AND LOCAL
 EDUCATIONAL AGENCIES.  HOWEVER, IT WAS RECOGNIZED THAT IN CERTAIN CASES
 THE LATTER WOULD NOT BE ABLE TO PROVIDE SUCH EDUCATION.  IN SUCH CASES,
 SECTION 6 AUTHORIZED THE ESTABLISHMENT OF SCHOOLS BY THE FEDERAL
 GOVERNMENT.  THE FORT BRAGG SCHOOL SYSTEM FALLS INTO THIS CATEGORY.
 
    RESPONDENT'S ARGUMENT THAT THE SUPERINTENDENT, PRINCIPALS, AND
 TEACHERS AT THE FORT BRAGG SCHOOLS ARE INDEPENDENT CONTRACTORS IS BASED
 ON THE FACT THAT THEY ARE ALL EMPLOYED UNDER PERSONAL SERVICE CONTRACTS.
  HOWEVER, THE FACT THAT THEY ARE DESIGNATED AS "CONTRACTORS" IN THEIR
 CONTRACTS IS OF MINOR SIGNIFICANCE FOR THE PURPOSE OF DETERMINING
 WHETHER AN INDIVIDUAL IS AN "INDEPENDENT CONTRACTOR" OR WORKS UNDER A
 "MASTER-SERVANT" RELATIONSHIP AS THOSE TERMS ARE USED IN THE LAW OF
 AGENCY.  UNDER COMMON LAW, THE MOST IMPORTANT ELEMENT IN A
 MASTER-SERVANT RELATIONSHIP IS THE RIGHT TO CONTROL THE WORK ACTIVITIES
 OF THE INDIVIDUAL;  THE LABELS USED BY THE PARTIES ARE RELATIVELY
 UNIMPORTANT.  W. SEAVEY, AGENCY, SEC. 84 (1964).  /2/
 
    I HAVE CONCLUDED THAT THE ARMY HAS A RIGHT TO CONTROL THE EMPLOYEES
 OF THE FORT BRAGG SCHOOL SYSTEM AND THAT THE LATTER IS AN INTEGRAL PART
 OF THE DEPARTMENT OF THE ARMY.  RESPONDENT'S ARGUMENT THAT ALL SCHOOL
 EMPLOYEES, INCLUDING THE SUPERINTENDENT AND PRINCIPALS, ARE INDEPENDENT
 CONTRACTORS IS CONTRARY TO RESPONDENT'S OWN REGULATIONS.  IN THIS REGARD
 ARMY REGULATION ("AR") 352-3, EFFECTIVE APRIL 1, 1976, STATES IN PART:
 
    SEC. 3-2 . . . PERSONNEL EMPLOYED IN SECTION 6 DEPENDENTS SCHOOLS
 (SUCH AS FORT BRAGG) ARE
 
    EMPLOYED UNDER CONDITIONS WHICH MEET THE TESTS OF FEDERAL EMPLOYMENT
 IN S3-3A, FEDERAL
 
    PERSONNEL MANUAL SUPPLEMENT 831-1.
 
    SECTION S3-3A, F.P.M. SUPP. 831-1, GENERALLY DEFINES FEDERAL
 EMPLOYEES AS THOSE WHO ARE (1) ENGAGED IN FEDERAL FUNCTIONS UNDER AN ACT
 OF CONGRESS OR EXECUTIVE ORDER, (2) APPOINTED OR EMPLOYED BY A FEDERAL
 OFFICER.  THUS AR 352-3 PROVIDES THAT ALL PERSONNEL AT THE FORT BRAGG
 SCHOOLS, INCLUDING THE SUPERINTENDENT, WORK UNDER THE SUPERVISION AND
 DIRECTION OF FEDERAL OFFICERS OF THE DEPARTMENT OF THE ARMY.
 
    THE ARMY REGULATIONS ALSO PROVIDE FURTHER EVIDENCE THAT THE
 DEPARTMENT OF THE ARMY HAS THE POWER TO CONTROL PERSONNEL IN THE INSTANT
 SCHOOLS. FOR EXAMPLE, SECTION 2-1 OF AR 352-3 PROVIDES THAT THE ADJUTANT
 GENERAL IS RESPONSIBLE FOR THE OPERATION AND ADMINISTRATION OF THE
 SECTION 6 SCHOOL PROGRAM, AND THAT THE DIRECTOR OF PERSONNEL AND
 COMMUNITY ACTIVITIES IS NORMALLY RESPONSIBLE AT THE INSTALLATION LEVEL.
 SECTION 2-2 STATES THAT THE INSTALLATION COMMANDER IS RESPONSIBLE FOR
 APPROVING THE REVIEWING THE ACTIONS OF THE SCHOOL BOARD.  /3/ FINALLY,
 ARMY PROCUREMENT PROCEDURE, SECTION 4-5602(A), REFERS TO THESE SCHOOLS
 AS "ARMY OPERATED SCHOOLS".
 
    IT IS CLEAR, THEN, THAT FORT BRAGG SCHOOL PERSONNEL ARE "EMPLOYEES"
 AS THAT TERM IS USED IN THE LAW OF AGENCY, /4/ AND THAT ALL SUCH
 EMPLOYEES, INCLUDING THE SUPERINTENDENT, ARE SUBJECT TO THE SUPERVISION
 AND CONTROL OF THE DEPARTMENT OF THE ARMY.  THEREFORE, I MUST DISAGREE
 WITH RESPONDENT'S ARGUMENT THAT THE SCHOOL SYSTEM IS A SEPARATE AND
 AUTONOMOUS ENTITY FROM THE DEPARTMENT OF THE ARMY.
 
    2.  FORT BRAGG TEACHERS ARE "EMPLOYEES" PROTECTED BY THE STATUTE.
 
    THE STATUTE DEFINES AN "EMPLOYEE", IN RELEVANT PART, AS AN INDIVIDUAL
 EMPLOYED IN AN AGENCY.  5 U.S.C. 7103(A)(2).  THAT SECTION THEN
 SPECIFICALLY ENUMERATES ONLY FIVE CATEGORIES OF PEOPLE WHO ARE NOT
 INCLUDED IN THE DEFINITION (E.G., SUPERVISORS).  SINCE TEACHERS EMPLOYED
 AT "SECTION 6" SCHOOLS SUCH AS THOSE AT FORT BRAGG ARE NOT LISTED AS AN
 EXCLUDED CATEGORY, IT WOULD APPEAR THAT THESE GOVERNMENT EMPLOYEES ARE
 PROTECTED BY THE STATUTE.  HOWEVER, RESPONDENT ARGUES THAT SECTION 6,
 TITLE I OF PUBLIC LAW 81-874, 20 U.S.C. 241, WHICH INITIALLY AUTHORIZED
 THE HIRING OF THESE EMPLOYEES, PLACES THEM IN A UNIQUE CATEGORY WHICH
 CONGRESS DID NOT SEEK TO PROTECT BY THE FEDERAL SERVICE LABOR-MANAGEMENT
 RELATIONS STATUTE.  SECTION 6 PROVIDES, IN PART, AS FOLLOWS:
 
    . . . TO THE MAXIMUM EXTENT PRACTICABLE . . . THE HEAD OF THE FEDERAL
 DEPARTMENT OR AGENCY
 
    . . . SHALL TAKE SUCH ACTION AS MAY BE NECESSARY TO ENSURE THAT THE
 EDUCATION PROVIDED
 
    PURSUANT TO SUCH ARRANGEMENT IS COMPARABLE TO FREE PUBLIC EDUCATION
 PROVIDED FOR CHILDREN IN
 
    COMPARABLE COMMUNITIES IN THE STATE . . . FOR THE PURPOSE OF
 PROVIDING SUCH COMPARABLE
 
    EDUCATION, PERSONNEL MAY BE EMPLOYED AND THE COMPENSATION, TENURE,
 LEAVE, HOURS OF WORK, AND
 
    OTHER INCIDENTS OF THE EMPLOYMENT RELATIONSHIP MAY BE FIXED WITHOUT
 REGARD TO THE CIVIL
 
    SERVICE ACT AND RULES AND THE FOLLOWING:  (1) THE CLASSIFICATION ACT
 OF 1949, AS AMENDED;  (2)
 
    THE ANNUAL AND SICK LEAVE ACT OF 1951, AS AMENDED;  (3) THE FEDERAL
 EMPLOYEES' PAY ACT OF 1945,
 
    AS AMENDED;  (4) THE VETERANS' PREFERENCE ACT OF 1944, AS AMENDED,
 AND (5) THE PERFORMANCE
 
    RATING ACT OF 1950, AS AMENDED.  20 U.S.C. 241(A).
 
    RESPONDENT ARGUES THAT THE ABOVE-QUOTED SECTION "MANDATES" THAT THE
 WORKING CONDITIONS AND RIGHTS OF THE FORT BRAGG TEACHERS BE EQUIVALENT
 TO THOSE OF NORTH CAROLINA STATE PUBLIC SCHOOL TEACHERS.  THE LATTER ARE
 FORBIDDEN FROM ENTERING INTO COLLECTIVE BARGAINING AGREEMENTS BY STATE
 LAW.  N.C. GEN. STAT. SEC. 95-98 (REPL. VOL. 1965).  I DISAGREE WITH
 RESPONDENT'S CONSTRUCTION.
 
    FIRST, CONGRESS WAS ATTEMPTING TO PROVIDE "COMPARABLE EDUCATION" FOR
 CHILDREN WHERE LOCAL AGENCIES WERE UNABLE TO SUPPLY FACILITIES.  IT WAS
 ONLY "FOR THE PURPOSE OF PROVIDING SUCH COMPARABLE EDUCATION" THAT
 CONGRESS SAID PERSONNEL, SUCH AS TEACHERS, "MAY" BE EMPLOYED AND THE
 INCIDENTS OF THE EMPLOYMENT RELATIONSHIP "MAY" BE FIXED WITHOUT REGARD
 TO CERTAIN SPECIFICALLY ENUMERATED ACTS OF CONGRESS.  THUS IN ORDER TO
 ATTAIN THE DESIRABLE END OF COMPARABLE EDUCATION, CONGRESS GAVE THE
 RESPONSIBLE AGENCIES THE OPTION OF EXEMPTING THEIR SCHOOL PERSONNEL FROM
 CERTAIN SPECIFIED STATUTES.  THUS CONGRESS DID NOT INTEND TO "MANDATE"
 ANYTHING REGARDING WORKING CONDITIONS AS THEY RELATE TO THE ENUMERATED
 ACTS.
 
    SECONDLY, 20 U.S.C. 241, AS PRESENTLY AMENDED, DOES NOT PROVIDE FOR
 AN EXEMPTION FROM THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 STATUTE.  SECTION 241 WAS AMENDED IN 1965 TO NAME FIVE ADDITIONAL ACTS
 (ONLY THE CIVIL SERVICE ACT WAS PREVIOUSLY NAMED) FROM WHICH THE
 PERSONNEL COULD BE EXEMPTED.  AT THAT TIME, EXECUTIVE ORDER 10988, A
 PREDECESSOR OF THE FSLMR STATUTE HAD BEEN IN EFFECT SINCE JANUARY OF
 1962. HOWEVER, THE RIGHTS CONFERRED BY E.O.  10988 WERE NOT TAKEN AWAY
 BY THE 1965 AMENDMENT.  IF CONGRESS HAD INTENDED TO DO SO, IT WOULD HAVE
 SPECIFICALLY MENTIONED THAT EXECUTIVE ORDER.  RESPONDENT'S ARGUMENT THAT
 THE ENUMERATED ACTS OF CONGRESS ARE "NOT AN ALL-INCLUSIVE LIST"
 CONSTITUTES AN UNREASONABLE CONSTRUCTION OF SECTION 241, 5 U.S.C. 241.
 
    THE COMPTROLLER GENERAL OF THE UNITED STATES HAD HELD THAT SECTION 6
 SCHOOL EMPLOYEES ARE ENTITLED TO THE RIGHTS GIVEN BY THE BACK PAY ACT OF
 1966, 5 U.S.C.  5596.  FORT RUCKER ELEMENTARY SCHOOL EMPLOYEES, . . .
 COMP. GEN. . . . (1979), FILE B-102528, APRIL 20, 1979.  THAT CASE ALSO
 CITES ADDITIONAL COMPTROLLER GENERAL DECISIONS HOLDING THAT SECTION 6
 SCHOOL EMPLOYEES ARE SUBJECT TO ALL STATUTES PERTAINING TO GOVERNMENT
 EMPLOYMENT EXCEPT THOSE FOR WHICH AN EXEMPTION IS SPECIFICALLY
 AUTHORIZED.  SECTION 241 DOES NTO SPECIFICALLY AUTHORIZE AN EXEMPTION
 WITH RESPECT TO THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE.
 
    THEREFORE, I MUST CONCLUDE AND HOLD THAT THE FORT BRAGG TEACHERS ARE
 "EMPLOYEES" PROTECTED BY THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 STATUTE, 5 U.S.C. 7101, ET SEQ.  /5/ RESPONDENT'S MOTION TO DISMISS FOR
 LACK OF JURISDICTION IS DENIED.
 
    SURVEILLANCE
 
    THE NEXT ISSUE IS WHETHER THE ATTENDANCE OF SCHOOL PRINCIPALS AT
 SEVERAL UNION INFORMATIONAL MEETINGS HELD FOR THE TEACHERS CONSTITUTED A
 VIOLATION OF 5 U.S.C.  7116(A)(1).
 
    DURING THE FIRST FEW MONTHS OF 1979, VIRGINIA D. RYAN, STATE DIRECTOR
 OF THE NORTH CAROLINA FEDERATION OF TEACHERS, AFT, AFL-CIO, ("AFT")
 CONTACTED DR. HAYWOOD DAVIS, THE SUPERINTENDENT OF THE FORT BRAGG
 SCHOOLS.  HER PURPOSE WAS TO GET PERMISSION TO USE SCHOOL MAILBOXES,
 BULLETIN BOARDS, AND ROOMS IN ORDER TO ORGANIZE A NEW AFT CHAPTER AND
 SOLICIT MEMBERSHIP AMONG THE TEACHERS.  /6/ ON APRIL 19 DAVIS GRANTED
 HER REQUEST AND TOLD HER THAT MEETINGS COULD BE HELD IN THE VARIOUS
 SCHOOLS AT 3:30 P.M.  /7/
 
    ON APRIL 24, 1979, RYAN CONTACTED DONALD H. ORR, PRINCIPAL OF THE
 IRWIN JUNIOR HIGH SCHOOL.  SHE SCHEDULED A MEETING WITH THE IRWIN
 TEACHERS FOR MAY 2 AND TOLD ORR THAT HE SHOULD NOT ATTEND UNION
 INFORMATIONAL MEETINGS.  SHE EXPLAINED THE HISTORY AND OBJECTIVES OF AFT
 OR ORR AT AN INFORMAL GATHERING ON APRIL 24.
 
    RYAN MET WITH SUPERINTENDENT DAVIS ON MAY 2 AND REQUESTED THAT HE ASK
 THE SCHOOL PRINCIPALS NOT TO ATTEND AFT INFORMATIONAL MEETINGS.  DAVIS
 IMMEDIATELY GOT A LEGAL OPINION ON THE MATTER BY TELEPHONE AND INFORMED
 HER THAT HE COULD NOT PREVENT THEIR ATTENDANCE.  SUBSEQUENTLY, AT 3:30
 P.M., RYAN HELD THE SCHEDULED MEETING AT IRWIN SCHOOL WITH ABOUT 12
 TEACHERS.  PRINCIPAL ORR AND HIS ASSISTANT WERE IN ATTENDANCE.  RYAN
 DISCUSSED THE HISTORY OF AFT AND SOME OF THE BENEFITS, GOALS AND
 OBJECTIVES OF THE ORGANIZATION;  SHE ALSO DISCUSSED THE RIGHTS GRANTED
 TO EMPLOYEES AND EXPLAINED HOW AFT COULD HELP THE FORT BRAGG TEACHERS IN
 THIS REGARD.  AFT LITERATURE AND MEMBERSHIP APPLICATIONS WERE MADE
 AVAILABLE TO THE TEACHERS AT THE MEETING.  THE MEETING INCLUDED A
 QUESTION AND ANSWER PERIOD.
 
    SUBSEQUENTLY, RYAN HELD IDENTICAL MEETINGS WITH SEVEN TO 10 TEACHERS
 AT THE MCNAIR ELEMENTARY SCHOOL (MAY 3), BOWLEY ELEMENTARY SCHOOL (MAY
 8), AND BUTNER ELEMENTARY SCHOOL (MAY 10).  THE MAY 3 MEETING WAS
 ATTENDED BY PRINCIPAL RICHARD M. ENSLEY, THE MAY 8 MEETING BY PRINCIPAL
 FORREST H. DESHIELDS, AND THE MAY 10 MEETING BY PRINCIPAL STAHLE H.
 LEONARD, JR.  IN EACH CASE THE PRINCIPAL WAS SITTING IN FULL VIEW OF ALL
 TEACHERS ATTENDING.  DESHIELDS ATTENDED IN SPITE OF RYAN'S SPECIFIC
 REQUEST TO HIM JUST BEFORE THE MAY 8 MEETING THAT HE NOT ATTEND AND HER
 WARNING THAT SHE MIGHT HAVE TO FILE A CHARGE AGAINST HIM IF HE DID.
 
    COUNSEL FOR THE GENERAL COUNSEL ARGUES THAT THE PRESENCE OF THE
 PRINCIPALS AT THE FOUR ABOVE-MENTIONED INFORMATIONAL AND ORGANIZATIONAL
 MEETINGS CONSTITUTED A VIOLATION OF 5 U.S.C. 7116(A)(1) BECAUSE, IN EACH
 CASE, IT INTERFERED WITH, RESTRAINED, OR COERCED THE EMPLOYEES IN THE
 EXERCISE OF THEIR SEC. 7102 RIGHTS TO FORM, JOIN OR ASSIST A LABOR
 ORGANIZATION.  IT IS WELL SETTLED IN THE PRIVATE SECTOR THAT OVERT
 SURVEILLANCE BY MANAGEMENT SUPERVISORS OF EMPLOYEES WHILE THE LATTER ARE
 ATTENDING UNION ORGANIZATIONAL MEETINGS IS PROHIBITED BY SEC. 8(A)(1) OF
 THE NATIONAL LABOR RELATIONS ACT, 29 U.S.C. 158(A)(1) BECAUSE IT
 INTERFERES WITH COMPARABLE PROTECTED RIGHTS. NATIONAL LABOR RELATIONS
 BOARD V. COLLINS & AIKMAN CORP., 146 F2D 454 (4TH CIR. 1944);  N.L.R.B.
 V. M & B HEADWEAR CO., 349 F2D 170, 172 (4TH CIR. 1965).
 
    RESPONDENTS ARGUE THAT THE EMPLOYEES IN THE INSTANT CASE WERE NOT
 SHOWN TO BE AFFECTED BY THE PRESENCE OF THE SCHOOL PRINCIPALS.  HOWEVER,
 THIS IS NOT A NECESSARY ELEMENT OF PROOF TO SUSTAIN A VIOLATION.  THE
 TEST IS WHETHER THE ACTION BY THE SUPERVISORS "TENDED" TO HAVE A
 CHILLING EFFECT ON THE EXERCISE BY THE EMPLOYEES OF THEIR PROTECTED
 RIGHTS.  N.L.R.B. V.  HUNTSVILLE MANUFACTURING CO., 514 F2D 723, 724
 (5TH CIR. 1975).  IN THE INSTANT CASE THE TEACHERS WERE AWARE THAT THEIR
 IMMEDIATE SUPERVISOR WAS WATCHING THEM AND, FOR EXAMPLE, WAS IN A
 POSITION TO TAKE NOTE OF ANY INDICATION DURING THE QUESTION AND ANSWER
 PERIOD OF AN EMPLOYEE'S INTEREST IN HOW WORKING CONDITIONS COULD BE
 IMPROVED BY MEANS OF COLLECTIVE BARGAINING.  IT IS REASONABLE TO INFER
 THAT SOME EMPLOYEES MIGHT HAVE FELT INHIBITED BY THE PRESENCE OF THEIR
 SUPERVISOR FROM SHOWING AN INTEREST AND ASKING QUESTIONS.  SOME MAY HAVE
 BEEN CONCERNED THAT THEIR SUPERVISOR EVEN KNEW THAT THEY ATTENDED THE
 MEETING FOR FEAR OF SUBSEQUENT REPRISAL.  /8/ THE MEETINGS IN QUESTION
 WERE DESIGNED AND ADVERTISED FOR TEACHERS, NOT PRINCIPALS;  THEREFORE,
 THE AWKWARD PRESENCE OF THE PRINCIPALS TENDED TO HIGHLIGHT THEIR ANXIETY
 ABOUT UNION ORGANIZATION.  /9/ ACCORDINGLY, IT IS HELD THAT THE PRESENCE
 OF THE PRINCIPALS TENDED TO INTERFERE WITH, RESTRAIN, OR COERCE THE
 TEACHERS IN THE EXERCISE OF THEIR RIGHTS TO FORM, JOIN, OR ASSIST A
 LABOR ORGANIZATION.
 
    THE SUPERINTENDENT'S STATEMENT
 
    THE FINAL ISSUE IS WHETHER RESPONDENT VIOLATED SECTION 7116(A)(1) OF
 THE STATUTE WHEN THE SUPERINTENDENT OF THE FORT BRAGG SCHOOLS MADE A
 STATEMENT TO A GROUP OF EMPLOYEE TEACHERS.
 
    ON MAY 14, 1979, THE NORTH CAROLINA ASSOCIATION OF EDUCATORS ("NCAE")
 HELD A MEETING AT THE IRWIN SCHOOL FOR THE PURPOSE OF ENLIGHTENING THE
 TEACHERS AT FORT BRAGG ABOUT COLLECTIVE BARGAINING.  THE SPEAKER WAS A
 REPRESENTATIVE FROM THE STATE OFFICE OF NCAE.  THE MEETING WAS ATTENDED
 BY ABOUT 50 OR 60 TEACHERS AND THE SUPERINTENDENT OF THE FORT BRAGG
 SCHOOLS, DR.  HAYWOOD DAVIS.
 
    AT ONE POINT DURING THE QUESTION AND ANSWER PERIOD AFTER THE LECTURE,
 THE SPEAKER WAS IN THE PROCESS OF EXPLAINING THE PROCESS BY WHICH THE
 TEACHERS COULD OBTAIN COLLECTIVE BARGAINING.  HE NOTED THAT IT WOULD BE
 NECESSARY FOR A CERTAIN NUMBER OF TEACHERS TO REQUEST IT.  AT THIS POINT
 SUPERINTENDENT DAVIS WALKED UP TO THE PODIUM AND MADE A STATEMENT TO THE
 AUDIENCE.  THE INTENT AND EFFECT OF DAVIS' STATEMENT WAS TO DISCOURAGE
 THE TEACHERS FROM FILING A PETITION WITH THE AUTHORITY FOR COLLECTIVE
 BARGAINING.  HE TOLD THE TEACHERS THAT ALTHOUGH HE SUPPORTED THE RIGHT
 OF ANY TEACHER TO JOIN ANY LABOR ORGANIZATION, HE DID NOT WANT TO SEE
 COLLECTIVE BARGAINING IN HIS SCHOOL SYSTEM BECAUSE IT WOULD PUT
 ADMINISTRATORS AND TEACHERS "ON OPPOSITE SIDES OF THE TABLE." HE
 PREFACED HIS REMARKS BY ACKNOWLEDGING THAT IT MIGHT BE IMPROPER FOR HIM
 TO MAKE SUCH A STATEMENT, BUT THAT HE WISHED ALL OF HIS TEACHERS WERE
 THERE TO HEAR IT.  /10/
 
    THE GENERAL COUNSEL AND THE CHARGING PARTY BOTH ARGUE THAT THE ABOVE
 STATEMENT VIOLATED 5 U.S.C. 7116(A)(1) BECAUSE IT INTERFERED WITH,
 RESTRAINED, OR COERCED THE EMPLOYEE TEACHERS IN THE EXERCISE OF THEIR
 RIGHTS UNDER THE STATUTE.  SECTION 7102 GIVES EACH EMPLOYEE THE RIGHT TO
 FORM, JOIN, OR ASSIST ANY LABOR ORGANIZATION FREELY AND WITHOUT FEAR OF
 PENALTY OR REPRISAL.  THIS RIGHT SPECIFICALLY INCLUDES THE RIGHT TO
 ENGAGE IN COLLECTIVE BARGAINING WITH RESPECT TO CONDITIONS OF EMPLOYMENT
 THROUGH CHOSEN REPRESENTATIVES.  5 U.S.C. 7102(2).  THE SUPERINTENDENT'S
 STATEMENT AT THE MAY 14 MEETING CLEARLY INTERFERED WITH AND RESTRAINED
 THE FORT BRAGG TEACHERS FROM EXERCISING THEIR PROTECTED RIGHT TO ENGAGE
 IN COLLECTIVE BARGAINING.  THE CHARGING PARTY, AFT, ONLY A FEW DAYS
 EARLIER, HAD CONDUCTED SEVERAL MEETINGS WITH THE TEACHERS TO EXPLAIN
 COLLECTIVE BARGAINING AND SOLICIT MEMBERSHIP.  DAVIS' STATEMENT HAD THE
 EFFECT OF DISCOURAGING THIS EFFORT.  MOREOVER, DAVIS' REMARKS WERE
 PARTICULARLY COERCIVE SINCE HE WAS IN CHARGE OF THE ENTIRE FORT BRAGG
 SCHOOL SYSTEM, INCLUDING THE DISCIPLINE AND ANNUAL REHIRING OF THE
 TEACHERS.  IT IS IRRELEVANT THAT DAVIS DID NOT SPECIFICALLY THREATEN THE
 EMPLOYEES WITH REPRISAL IF THEY DID NOT ACT IN ACCORDANCE WITH HIS
 WISHES.  /11/ ACCORDINGLY, IT IS HELD THAT RESPONDENT VIOLATED SECTION
 7116(A)(1) OF THE STATUTE.
 
                                   ORDER
 
    PURSUANT TO 5 U.S.C. 7118(A)(7) AND SECTION 2423.26 OF THE FINAL
 RULES AND REGULATIONS, 45 FED.REG. 3482, 3510(1980), IT IS HEREBY
 ORDERED THAT THE DEPARTMENT OF THE ARMY, FORT BRAGG SCHOOLS, FORT BRAGG,
 NORTH CAROLINA, SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) PERMITTING SCHOOL PRINCIPALS OR OTHER SUPERVISORS TO ATTEND DULY
 AUTHORIZED INFORMATIONAL MEETINGS DESIGNED TO SOLICIT THE MEMBERSHIP OF
 TEACHERS IN THE NORTH CAROLINA FEDERATION OF TEACHERS, AFT, AFL-CIO, OR
 ANY OTHER LABOR ORGANIZATION;
 
    (B) PERMITTING THE SUPERINTENDENT OF SCHOOLS, OR ANY OTHER
 REPRESENTATIVE OF MANAGEMENT, TO MAKE STATEMENTS WHICH TEND TO
 DISCOURAGE EMPLOYEES FROM ENGAGING IN COLLECTIVE BARGAINING.
 
    (C) IN ANY LIKE OR RELATED MANNER INTERFERING, RESTRAINING OR
 COERCING ITS EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE
 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, 5 U.S.C. 7101, ET
 SEQ.
 
    2.  TAKE THE FOLLOWING AFFIRMATIVE ACTION IN ORDER TO EFFECTUATE THE
 PURPOSES AND POLICIES OF THE STATUTE.
 
    (A) POST AT ITS FACILITIES IN FORT BRAGG, NORTH CAROLINA, COPIES OF
 THE ATTACHED NOTICE MARKED "APPENDIX" ON FORMS TO BE FURNISHED BY THE
 AUTHORITY.  UPON RECEIPT OF SUCH FORMS, THEY SHALL BE SIGNED BY THE
 INSTALLATION COMMANDER AT FORT BRAGG, FORT BRAGG, NORTH CAROLINA, AND
 SHALL BE POSTED AND MAINTAINED BY HIM FOR 60 CONSECUTIVE DAYS THEREAFTER
 IN CONSPICUOUS PLACES, INCLUDING ALL BULLETIN BOARDS AND OTHER PLACES
 WHERE NOTICES TO EMPLOYEES ARE CUSTOMARILY POSTED.  THE INSTALLATION
 COMMANDER SHALL TAKE REASONABLE STEPS TO INSURE THAT SAID NOTICES ARE
 NOT ALTERED, DEFACED, OR COVERED BY ANY OTHER MATERIAL.
 
    (B) PURSUANT TO SECTION 2423.30 OF THE FINAL RULES AND REGULATIONS,
 45 FED.REG. 15 3511, NOTIFY THE REGIONAL DIRECTOR OF REGION IV, SUITE
 501, 1776 PEACHTREE STREET, N.W., ATLANTA, GEORGIA 30309, IN WRITING,
 WITHIN 30 DAYS FROM THE DATE OF THIS ORDER AS TO WHAT STEPS HAVE BEEN
 TAKEN TO COMPLY HEREWITH.
 
                             RANDOLPH D. MASON
 
                         ADMINISTRATIVE LAW JUDGE
 
    DATED:  FEBRUARY 14, 1980
 
    WASHINGTON, D.C.
 
                                 APPENDIX
 
                          NOTICE TO ALL EMPLOYEES
 
           PURSUANT TO A DECISION AND ORDER OF THE FEDERAL LABOR
 
            RELATIONS AUTHORITY AND IN ORDER TO EFFECTUATE THE
 
             POLICIES OF THE FEDERAL SERVICE LABOR-MANAGEMENT
 
                             RELATIONS STATUTE
 
                   WE HEREBY NOTIFY OUR EMPLOYEES THAT:
 
    WE WILL NTO PERMIT SCHOOL PRINCIPALS OR OTHER SUPERVISORS TO ATTEND
 DULY AUTHORIZED INFORMATIONAL MEETINGS DESIGNED TO SOLICIT THE
 MEMBERSHIP OF TEACHERS IN THE NORTH CAROLINA FEDERATION OF TEACHERS,
 AFT, AFL-CIO, OR ANY OTHER LABOR ORGANIZATION;
 
    WE WILL NOT PERMIT THE SUPERINTENDENT OF SCHOOLS, OR ANY OTHER
 REPRESENTATIVE OF MANAGEMENT, TO MAKE STATEMENTS WHICH TEND TO
 DISCOURAGE EMPLOYEES FORM ENGAGING IN COLLECTIVE BARGAINING.
 
    WE WILL NOT IN ANY LIKE OR RELATED MANNER INTERFERE WITH, RESTRAIN,
 OR COERCE ANY EMPLOYEE IN THE EXERCISE BY THE EMPLOYEE OF ANY RIGHT
 UNDER THE STATUTE.
 
   .          .          .          .
 
 
                           (AGENCY OR ACTIVITY)
 
    DATED:  . . .  BY:  . . .
 
                                (SIGNATURE)
 
    THIS NOTICE MUST REMAIN POSTED FOR 60 CONSECUTIVE DAYS FROM THE DATE
 OF POSTING AND MUST NOT BE ALTERED, DEFACED OR COVERED BY ANY OTHER
 MATERIAL.
 
    IF EMPLOYEES HAVE ANY QUESTION CONCERNING THIS NOTICE, OR COMPLIANCE
 WITH ANY OF ITS PROVISIONS, THEY MAY COMMUNICATE DIRECTLY WITH THE
 REGIONAL DIRECTOR, FEDERAL LABOR RELATIONS AUTHORITY, REGION 4, WHOSE
 ADDRESS IS:  SUITE 501, NORTH WING, 1776 PEACHTREE STREET, N.W.,
 ATLANTA, GEORGIA 30309.
 
                               SERVICE SHEET
 
    "DECISION" ISSUED BY ADMINISTRATIVE LAW JUDGE RANDOLPH D. MASON WAS
 SENT TO THE FOLLOWING PERSONS BY CERTIFIED MAIL:
 
                             SIGNATURE . . .
 
    SAMULE S. HORN, ESQ.
 
    OFFICE OF THE JUDGE ADVOCATE GENERAL
 
    FORT BRAGG, NORTH CAROLINA 20310
 
    CAPTAIN JAMES J. LYNCH, ESQ.
 
    CAPTAIN ALLAN AIRMANS, ESQ.
 
    OFFICE OF THE STAFF JUDGE ADVOCATE
 
    18TH AIRBORNE CORPS
 
    FORT BRAGG, NORTH CAROLINA 28307
 
    DOUGLAS E. CANDERS, ESQ.
 
    112 OLD STREET
 
    FAYETTEVILLE, NORTH CAROLINA 28301
 
    WILLIAM N. CATES, ESQ.
 
    REGIONAL ATTORNEY
 
    MATHILDA L. GENOVESE, ESQ.
 
    ATTORNEY
 
    FEDERAL LABOR RELATIONS AUTHORITY
 
    SUITE 501, NORTH WING
 
    1776 PEACHTREE STREET, N.W.
 
    ATLANTA, GEORGIA 30309
 
    REGULAR MAIL:
 
    FEDERAL LABOR RELATIONS AUTHORITY
 
    1900 "E" STREET, N.W., RM. 7469
 
    WASHINGTON, D.C. 20424
 
    ONE COPY TO EACH REGIONAL DIRECTOR
 
    OFFICE OF THE GENERAL COUNSEL
 
    1900 "E" STREET, N.W., RM. 7469
 
    WASHINGTON, D.C.  20424
 
    ASSISTANT DIRECTOR
 
    LABOR-MANAGEMENT RELATIONS
 
    U.S. OFFICE OF PERSONNEL MANAGEMENT
 
    1900 E STREET, N.W.
 
    WASHINGTON, D.C.  20415
 
    /1/ RESPONDENT ADMITS, AND I FIND, THAT THESE INDIVIDUALS ARE PAID BY
 THE ARMY, AND ARE ELIGIBLE FOR CIVIL SERVICE RETIREMENT, FEDERAL
 EMPLOYEES GROUP LIFE INSURANCE, FEDERAL EMPLOYEES HEALTH BENEFITS
 COVERAGE, AND SEVERANCE PAY.
 
    /2/ THE TRADITIONAL COMMON LAW TESTS ARE DISPOSITIVE IN THE PRIVATE
 SECTOR, WHERE INDEPENDENT CONTRACTORS ARE SPECIFICALLY EXCLUDED FROM THE
 PROTECTION OF THE NATIONAL LABOR RELATIONS ACT AS AMENDED, 29 U.S.C.
 152(3).  N.L.R.B. V. UNITED INSURANCE COMPANY OF AMERICA, 390 U.S. 254,
 88 S.CT. 988(1968).  UNLIKE ITS PRIVATE SECTOR COUNTERPART, THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE DOES NOT SPECIFICALLY EXCLUDE
 INDEPENDENT CONTRACTORS FROM PROTECTION.  IN VIEW OF MY FINDING BELOW
 THAT THE FORT BRAGG PERSONNEL ARE GOVERNMENT EMPLOYEES AND NOT
 INDEPENDENT CONTRACTORS, I NEED NOT DECIDE WHETHER INDEPENDENT
 CONTRACTORS MIGHT IN CERTAIN CASES BE PROTECTED BY THE STATUTE.
 
    /3/ THE BOARD'S DUTIES INCLUDE ESTABLISHING POLICY, APPROVING THE
 BUDGET, EXPENDITURES, PERSONNEL SELECTIONS, AND SELECTING THE
 SUPERINTENDENT.  ID.
 
    /4/ RESPONDENT HAS NEVER SERIOUSLY ARGUED THAT THE RELATIONSHIP
 BETWEEN THE SCHOOL PRINCIPALS AND THE TEACHERS WAS ANYTHING OTHER THAN A
 "MASTER-SERVANT" RELATIONSHIP UNDER AGENCY LAW.  ON BRIEF RESPONDENT
 STATED THAT "THE POWER TO CONTROL THE DETAILED PERFORMANCE OF THE
 PERSONNEL EMPLOYED BY THE FORT BRAGG SCHOOLS IS VESTED IN . . . (THE
 SUPERINTENDENT AND PRINCIPALS) AND NOT THE DEPARTMENT OF THE ARMY."
 (P.2).  RESPONDENT WAS MERELY ATTEMPTING TO DIVORCE THE SCHOOL SYSTEM
 FROM THE DEPARTMENT OF THE ARMY BY URGING THAT THE SCHOOL SUPERVISORS
 WERE INDEPENDENT CONTRACTORS.  IN ANY EVENT, THE FACTS OF RECORD CLEARLY
 ESTABLISH THAT THE PRINCIPALS CONTROLLED THE DAILY DUTIES OF THE
 TEACHERS.
 
    /5/ RESPONDENT ALSO ARGUED THAT THE APPLICATION OF THE GRIEVANCE AND
 ARBITRATION PROCEDURES OF THE STATUTE TO THESE EMPLOYEES WOULD
 ULTIMATELY CONFLICT WITH PROCEDURES PROVIDED BY THE CONTRACT DISPUTES
 ACT OF 1978, 41 U.S.C. 601, ET SEQ.  SINCE NO SUCH CONFLICT EXISTS IN
 THE INSTANT CASE, I NEED NOT ADDRESS THAT ISSUE.  RESPONDENT ALSO ARGUED
 THAT THE SECTION 6 SCHOOL PROGRAM IS ONLY TEMPORARILY BEING ADMINISTERED
 BY THE FEDERAL GOVERNMENT, AND THAT IT WILL EVENTUALLY BE TURNED OVER TO
 THE STATE GOVERNMENTS.  THIS ARGUMENT FINDS NO SUPPORT IN THE LAW OR
 LEGISLATIVE HISTORY;  MOREOVER, THE FORT BRAGG SECTION 6 SCHOOL PROGRAM
 HAS BEEN IN EXISTENCE FOR AT LEAST 25 YEARS.
 
    /6/ THE FORT BRAGG FEDERATION OF TEACHERS, LOCAL 3976, WAS CHARTERED
 ON JULY 1, 1979.
 
    /7/ CHILDREN WERE EXPECTED TO BE OFF SCHOOL GROUNDS BY THAT TIME AND
 THE TEACHERS' "NORMAL" DUTY DAY WAS OVER AT 3:45 P.M. (G.C. EX. 4, P.
 32-33).
 
    /8/ IN AN ANALOGOUS CASE IT WAS HELD THAT MANAGEMENT CANNOT
 INTERROGATE AN EMPLOYEE CONCERNING THE NAMES AND NUMBER OF EMPLOYEES
 WHO
 HAD SIGNED A REPRESENTATION PETITION.  FEDERAL ENERGY ADMINISTRATION,
 REGION IV,