Army Communications Systems Agency, Fort Monmouth, New Jersey (Activity) and National Federation of Federal Employees, Local 476 (Petitioner) and American Federation of Government Employees, Local 1904, AFL-CIO (Intervenor) 



[ v04 p627 ]
04:0627(83)RO
The decision of the Authority follows:


 4 FLRA No. 83
 
 U.S. ARMY COMMUNICATIONS SYSTEMS
 AGENCY, FORT MONMOUTH, NEW JERSEY
 Activity
 
 and
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 476
 Petitioner
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1904
 Intervenor
 
                                            Case No. 2-RO-14
 
                    DECISION AND DIRECTION OF ELECTION
 
    UPON A PETITION DULY FILED UNDER SECTION 7111(B)(1)(B) OF THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, 5 U.S.C. 7105-7135 (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.
 
    UPON THE ENTIRE RECORD IN THIS CASE, INCLUDING BRIEFS FILED BY THE
 PARTIES, THE AUTHORITY FINDS:  THE NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 476 (NFFE) SEEKS TO REPRESENT EXCLUSIVELY EMPLOYEES OF
 THE U.S. ARMY COMMUNICATIONS SYSTEMS AGENCY (ACTIVITY) IN A UNIT
 CURRENTLY EXCLUSIVELY REPRESENTED BY THE INTERVENOR, AMERICAN FEDERATION
 OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1904 (AFGE).  THE AFGE HAS BEEN
 THE EXCLUSIVE REPRESENTATIVE OF THE UNIT SOUGHT SINCE NOVEMBER 7, 1972.
 THE PARTIES STIPULATED THERE IS NO BAR TO AN ELECTION HEREIN, AND THAT
 THE FOLLOWING CONSTITUTES AN APPROPRIATE UNIT WITHIN THE MEANING OF THE
 STATUTE:
 
    ALL PROFESSIONAL AND NON-PROFESSIONAL EMPLOYEES OF THE U.S.  ARMY
 COMMUNICATIONS SYSTEMS
 
    AGENCY (U.S.A.C.S.A.) WITH DUTY STATION AT FORT MONMOUTH, NEW JERSEY;
  EXCLUDED:  MANAGEMENT
 
    OFFICIALS (AS DEFINED IN THE FEDERAL SERVICE LABOR-MANAGEMENT
 RELATIONS STATUTE), SUPERVISORS,
 
    EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN (A) PURELY
 CLERICAL CAPACITY,
 
    CONFIDENTIAL EMPLOYEES AND TEMPORARY EMPLOYEES WITH APPOINTMENTS OF
 180 DAYS OR LESS.
 
    AT ISSUE HEREIN ARE EIGHTEEN POSITIONS (OCCUPIED BY FORTY-FOUR
 EMPLOYEES) WHICH THE ACTIVITY SEEKS TO EXCLUDE FROM THE BARGAINING UNIT
 AS "MANAGEMENT OFFICIALS," AND THIRTEEN EMPLOYEES WHOM THE ACTIVITY
 SEEKS TO EXCLUDE FROM THE UNIT AS "CONFIDENTIAL EMPLOYEES."
 
    THE PARTIES STIPULATED THAT:
 
    THE ACTIVITY IS A TENANT ACTIVITY AT FORT MONMOUTH, NEW JERSEY, AND
 IS A MAJOR SUBORDINATE
 
    COMMAND OF THE U.S. ARMY COMMUNICATION COMMAND, FORT HUACHUCA,
 ARIZONA.  THE ACTIVITY IS
 
    ENGAGED IN THE PROJECT MANAGEMENT OF THE DEVELOPMENT, ENGINEERING,
 AND ACQUISITION OF THE
 
    C.S. ARMY SYSTEMS.
 
    MANAGEMENT OFFICIALS
 
    SECTION 7103(A)(11) OF THE STATUTE 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(.)
 
    THE PARTIES STIPULATED THAT DETERMINATIONS WITH RESPECT TO THOSE
 INDIVIDUALS DESIGNATED AS "MANAGEMENT OFFICIALS" WOULD BE MADE BY
 EXAMINATION OF THE DUTIES OF THE POSITION, RATHER THAN BY THE DUTIES OF
 EACH INCUMBENT.  THE ACTIVITY SEEKS TO EXCLUDE THE FOLLOWING POSITIONS
 FROM THE BARGAINING UNIT AS "MANAGEMENT OFFICIALS:"
 
    JOB NUMBER 77-878, ELECTRONICS ENGINEER, GS-855-15
 
    THE RECORD ESTABLISHES THE INCUMBENT IN THIS POSITION SERVES AS THE
 ACTIVITY'S TECHNICAL DIRECTOR.  HE IS THE SENIOR CIVILIAN EMPLOYEE OF
 THE ACTIVITY AND IS A MEMBER OF THE ACTIVITY'S "COMMAND GROUP." HE
 REPORTS DIRECTLY TO THE COMMANDING GENERAL (CG) (WHO IS ALSO THE PROJECT
 MANAGER).  AS THE ACTIVITY'S TECHNICAL DIRECTOR, THE INCUMBENT PROVIDES
 COMMAND LEVEL CIVILIAN CONTINUITY TO COVER THE REGULAR OR RECURRING
 CHANGES OF BOTH THE COMMANDER AND THE DEPUTY COMMANDER.  HE IS
 DESIGNATED AS THE THIRD IN LINE TO THE PROJECT MANAGER AND IS AUTHORIZED
 TO ACT FOR HIM IN ALL MATTERS.  THE TECHNICAL DIRECTOR IS THE ACTIVITY'S
 CHIEF TECHNICAL ADVISOR, PROVIDING EXPERT TECHNICAL ADVICE TO THE CG,
 DEPUTY COMMANDER AND TO THE DEPUTY PROJECT MANAGERS.  HE ALSO WORKS
 ACROSS THE BOARD IN RELIEVING THE CG OF A CONSIDERABLE PORTION OF HIS
 DIRECTIVE RESPONSIBILITY.  ANY COMPLEX PROPOSAL, OR DEVIATION FROM THE
 NORM IN THE INCUMBENT'S AREA OF EXPERTISE REQUIRES THE APPROVAL OF THE
 TECHNICAL DIRECTOR BEFORE BEING PRESENTED TO THE CG.
 
    THE INCUMBENT ALSO IS AN ADVISOR ON CIVILIAN MATTERS.  THUS, HE IS
 THE CAREER ADVISOR FOR THE ENGINEERS AND SCIENTISTS AND IS AN ADVISOR TO
 THE CG ON ALL CAREER PROGRAM MANAGEMENT MATTERS;  HE REVIEWS INDIVIDUAL
 CAREER APPRAISALS, AND ADVISES EMPLOYEES AND THEIR SUPERVISORS AS TO THE
 ADEQUACY AND SUFFICIENCY OF CAREER PLANNING, AND ASSISTS THEM IN
 IMPLEMENTING PLANS.  THE INCUMBENT GENERALLY OVERSEES THE CAREER
 PLANNING AND DEVELOPMENT OF THE ACTIVITY'S CIVILIAN EMPLOYEES.
 
    THE AUTHORITY FINDS THE ACTIVITY'S TECHNICAL DIRECTOR IS A
 "MANAGEMENT OFFICIAL" WITHIN THE MEANING OF SECTION 7103(A)(11) OF THE
 STATUTE AS THE RECORD INDICATES HIS RESPONSIBILITIES REQUIRE HIM TO
 INFLUENCE THE POLICIES OF THE ACTIVITY.  THUS, HIS ROLE EXTENDS BEYOND
 THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION OR
 RECOMMENDATIONS WITH RESPECT TO POLICIES, TO THE POINT OF ACTIVE
 PARTICIPATION IN THE ULTIMATE DETERMINATION AS TO WHAT THE POLICY IN
 FACT WILL BE, AS, IN ADDITION TO WORKING ACROSS THE BOARD IN RELIEVING
 THE CG OF A CONSIDERABLE PORTION OF HIS DIRECTIVE RESPONSIBILITY, HE IS
 THE COMMANDER'S CHIEF ADVISOR ON TECHNICAL AND CIVILIAN MATTERS.  HE IS
 DESIGNATED AS THE THIRD IN LINE TO THE PROJECT MANAGER (CG) AND IS
 AUTHORIZED TO ACT FOR HIM IN ALL SUCH MATTERS.  THUS, THE AUTHORITY
 SHALL ORDER JOB NUMBER 77-878, ELECTRONICS ENGINEER, GS-855-15, BE
 EXCLUDED FROM THE EXCLUSIVELY RECOGNIZED UNIT.
 
    JOB NUMBER 79-34, OPERATIONS RESEARCH ANALYST, GS-1515-14
 
    THE INCUMBENT IS THE CHIEF OF THE COST ANALYSIS OFFICE AND AS SUCH IS
 THE ACTIVITY'S COST ANALYSIS EXPERT.  THE DEPUTY PROJECT MANAGERS
 (DPM'S) GO TO THE INCUMBENT FOR COST ANALYSIS ON ALTERNATIVE PROJECT OR
 PROGRAM PLANS.  HE MAKES RECOMMENDATIONS TO THE DPM'S BASED UPON HIS
 EXPERTISE IN COST ANALYSIS METHODS AND UPON SPECIFIC DATA.  THE DPM'S
 USE THE INFORMATION THEY OBTAIN FROM THE CHIEF COST ANALYST PLUS
 WHATEVER ELSE THEY NEED IN DETERMINING WHAT ACTION TO TAKE.
 
    THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT
 OFFICIAL," BUT RATHER THE ROLE OF THE INDIVIDUAL IN THIS POSITION, AS
 NOTED ABOVE, IS THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE
 INFORMATION OR RECOMMENDATIONS.  THUS, THE AUTHORITY CONCLUDES THAT JOB
 NUMBER 79-34, OPERATIONS RESEARCH ANALYST, GS-1515-14, SHOULD BE
 INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT.
 
    JOB NUMBER 75-846, DATA MANAGEMENT OFFICER, GS-301-13
 
    THE RECORD SHOWS THE DATA MANAGEMENT OFFICER IS A MEMBER OF THE
 PROCUREMENT SERVICES DIVISION OF THE PROCUREMENT AND PRODUCT CONTROL
 DIRECTORATE OF THE ACTIVITY.  THE INCUMBENT IS THE ACTIVITY'S EXPERT ON
 THE ACQUISITION OF DATA.  HE MAKES RECOMMENDATIONS IN THAT RESPECT NOT
 ONLY TO DPM'S BUT TO THE DIRECTOR, DEPUTY COMMANDER AND COMMANDER.  THE
 INCUMBENT WORKS WITHIN VERY BROAD POLICIES AND DIRECTIVES SET AT HIGHER
 LEVELS, BUT RULES GOVERNING DATA ARE SUCH THAT THEY ARE STILL BEING
 DEVELOPED AND THE INCUMBENT GENERATES MANY HIMSELF.  THE INCUMBENT HAS
 DEVELOPED AN ACTIVITY REGULATION TO GUIDE THE DPM'S AND ACTION OFFICERS
 IN THE ACQUISITION OF DATA.  THE REGULATION SETS UP THE PARAMETERS
 WITHIN WHICH THE DPM'S AND ACTION OFFICERS MUST WORK.
 
    THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT
 OFFICIAL," BUT RATHER THE ROLE OF THE INDIVIDUAL IN THIS POSITION IS
 THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION OR
 RECOMMENDATIONS.  THUS, ALTHOUGH THE INCUMBENT IN THIS POSITION
 DEVELOPED AN ACTIVITY REGULATION TO GUIDE THE DPM'S AND ACTION OFFICERS
 IN THE ACQUISITION OF DATA, HIS ROLE REMAINS THAT OF AN EXPERT OR
 PROFESSIONAL, RENDERING RESOURCE INFORMATION OR RECOMMENDATIONS, IN THIS
 CASE, IN THE FORM OF A WRITTEN GUIDELINE.  THE INCUMBENT'S ROLE DOES NOT
 EXTEND TO THE POINT OF ACTIVE PARTICIPATION IN THE ULTIMATE
 DETERMINATION AS TO WHAT POLICY WILL BE.  THEREFORE, THE AUTHORITY
 CONCLUDES THAT JOB NUMBER 75-846, DATA MANAGEMENT OFFICER, GS-301-13,
 SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT.
 
    JOB NUMBER 79-69, PROCUREMENT ANALYST, GS-1102-13
 
    THE PROCUREMENT ANALYST IS A MEMBER OF THE PROCUREMENT SERVICES
 DIVISION OF THE PROCUREMENT AND PRODUCT CONTROL DIRECTORATE.  THE
 PROCUREMENT ANALYST GIVES ADVICE, ASSISTANCE AND GUIDANCE TO THE DPM'S
 AND THEIR ACTION OFFICERS WHO INVOLVE THEMSELVES IN ACQUISITION
 REQUIREMENT PACKAGES.  AFTER LEARNING THE FORMULATION OF A
 SPECIFICATION, THE FORMULATION OF CONTRACT LINE ITEMS, AND THE
 COMPLEXITY OF PROCUREMENT, THE INCUMBENT MAKES A RECOMMENDATION AS TO
 THE TYPE OF CONTRACT TO BE USED.  HE REVIEWS THE WORK OF OTHERS FROM A
 PROCUREMENT STANDPOINT, MAKES RECOMMENDATIONS, AND COORDINATES WITH
 VARIOUS LEVELS TO GIVE PROCUREMENT GUIDANCE.
 
    THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT
 OFFICIAL," AS THE RECORD DOES NOT ESTABLISH THAT THE INCUMBENT
 FORMULATES, DETERMINES OR INFLUENCES THE POLICIES OF THE ACTIVITY WITHIN
 THE MEANING OF THE STATUTE, BUT RATHER THE ROLE OF THE INDIVIDUAL IN
 THIS POSITION IS THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE
 INFORMATION OR RECOMMENDATIONS.  THUS, TEE AUTHORITY CONCLUDES THAT JOB
 NUMBER 79-69, PROCUREMENT ANALYST, GS-1102-13, SHOULD BE INCLUDED IN THE
 EXCLUSIVELY RECOGNIZED UNIT.
 
    JOB NUMBER 79-15, COMMUNICATION SPECIALIST, GS-393-13
 
    ACCORDING TO THE RECORD, THIS POSITION IS LOCATED IN THE "USASATCOMA
 LIAISON OFFICE," WHICH IS A ONE-PERSON OPERATION WITH A SECRETARY.  THE
 INCUMBENT'S MAIN DUTIES INVOLVE REPRESENTING THE ARMY COMMUNICATIONS
 COMMITTEE (ACC) IN ALL RELATIONSHIPS TO SATELLITE COMMUNICATIONS.  HE
 ATTENDS MEETINGS, AND HE REPRESENTS THE COMMANDER AND THE COMMANDER'S
 POSITION.  THE RECORD INDICATES THAT HE WOULD IMPLEMENT POLICY
 PROCEDURES WITH THE COMMANDER OF THE ACC.
 
    THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT
 OFFICIAL," AS THE EVIDENCE DISCLOSES THAT THE INCUMBENT DOES NO MORE
 THAN REPRESENT THE COMMANDER AND HIS POSITION OR IMPLEMENT POLICY
 PROCEDURES ALREADY DETERMINED BY HIGHER MANAGEMENT AUTHORITY.  THUS, THE
 AUTHORITY CONCLUDES THAT JOB NUMBER 79-15, COMMUNICATION SPECIALIST,
 GS-393-13, SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT.
 
    JOB NUMBER 80-84, PUBLIC INFORMATION OFFICER, GS-1081-12
 
    THE INCUMBENT IN THIS POSITION IS THE PUBLIC AFFAIRS OFFICER (PAO) OF
 THE ACTIVITY WHO WORKS OUT OF THE OFFICE OF THE COMMANDER.  THE PAO
 COORDINATES CONTROVERSIAL AFFAIRS AND WRITES SPEECHES FOR THE CG.  HE
 COORDINATES RELATIONS WITH OTHER HEADS OF COMMUNICATIONS AGENCIES SUCH
 AS THE ARMY COMMUNICATIONS COMMITTEE.
 
    THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT
 OFFICIAL" WITHIN THE MEANING OF THE STATUTE BECAUSE THE ROLE OF THE
 INDIVIDUAL IN THIS POSITION IS THAT OF AN EXPERT OR PROFESSIONAL
 RENDERING RESOURCE INFORMATION OR RECOMMENDATIONS RATHER THAN ONE OF
 FORMULATING, DETERMINING OR INFLUENCING THE POLICIES OF THE ACTIVITY
 WITHIN THE MEANING OF THE STATUTE.  THUS, THE RECORD INDICATES HE IS
 MERELY USED AS AN EXPERT IN PUBLIC AFFAIRS AND SPEECH WRITING AND THAT
 HIS ROLE DOES NOT EXTEND BEYOND THIS TO THE POINT OF ACTIVE
 PARTICIPATION IN THE ULTIMATE DETERMINATION AS TO WHAT A POLICY WILL BE.
  THUS, THE AUTHORITY CONCLUDES THAT JOB NUMBER 80-84, PUBLIC INFORMATION
 OFFICER, GS-1081-12, SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED
 UNIT.
 
    JOB NUMBER 78-511, AUDITOR, GS-501-13
 
    THE INCUMBENT WORKS DIRECTLY FOR THE DEPUTY COMMANDER AND IS CHIEF OF
 THE INTERNAL REVIEW OFFICE, AND THE PRINCIPAL AUDITOR TO THE CG.  HE
 PLANS, DEVELOPS AND CONDUCTS REGULARLY SCHEDULED OR SPECIAL AUDITS
 INCLUDING INTERNAL AND REGULATORY REVIEWS OF FINANCIAL MANAGEMENT,
 PROCUREMENT, LOGISTICAL AND OTHER RELATED OPERATING AND FUNCTIONAL
 MANAGEMENT RESPONSIBILITIES.  THE DEPUTY COMMANDER ASSIGNS, THROUGH
 AGREEMENT WITH THE INCUMBENT, THE REVIEW OBJECTIVES FOR THE YEAR.  THE
 INCUMBENT SUBMITS A LIST OF OBJECTIVES WHICH THE DEPUTY COMMANDER
 REVIEWS AND ADJUSTS AS TO PRIORITY.  THE INCUMBENT ALSO REVIEWS CERTAIN
 INTERNAL PROCEDURES, AND MAKES RECOMMENDATIONS AS TO POLICY CHANGES.
 WHEN AN INSPECTOR GENERAL (IG) COMPLAINT IS FILED IN CSA, THE INCUMBENT
 EITHER RESPONDS IN THOSE AREAS OF HIS EXPERTISE OR COORDINATES A
 RESPONSE WITH OTHER EXPERTS IN THE ORGANIZATION.  HE HAS TOTAL
 RESPONSIBILITY FOR IG REPORTS.  IF HE DETERMINES, BASED ON HIS
 PROFESSIONAL JUDGMENT, THAT AN AUDIT IS NECESSARY IN A GIVEN AREA, FOR A
 GIVEN PROJECT, HE IS THE ONE, AFTER THE DEPUTY COMMANDER'S APPROVAL, WHO
 SETS UP THE PROCEDURES AND DECIDES WHEN THE AUDIT IS SATISFACTORY.
 
    THE AUTHORITY FINDS THIS POSITION IS THAT OF A "MANAGEMENT OFFICIAL"
 WITHIN THE MEANING OF SECTION 7103(A)(11) OF THE STATUTE AS THE
 INDIVIDUAL IN THIS POSITION TAKES AN ACTIVE ROLE IN INFLUENCING AND IN
 DETERMINING THE INTERNAL REVIEW OBJECTIVES OF THE ACTIVITY.  THUS, THE
 ROLE OF THE INDIVIDUAL IN THIS POSITION EXTENDS BEYOND THAT OF AN EXPERT
 OR PROFESSIONAL RENDERING RESOURCE INFORMATION OR RECOMMENDATIONS TO
 THE
 POINT OF ACTIVE PARTICIPATION IN THE ULTIMATE DETERMINATION AS TO WHAT
 THE POLICY IN FACT WILL BE.  THEREFORE, THE AUTHORITY SHALL ORDER JOB
 NUMBER 78-511, AUDITOR, GS-501-13, BE EXCLUDED FROM THE EXCLUSIVELY
 RECOGNIZED UNIT.
 
    JOB NUMBER 79-16, PROJECT OFFICER, GS-301-14
 
    THE PARTIES STIPULATED THAT THE INCUMBENT IN THIS POSITION IS A
 "MANAGEMENT OFFICIAL" WHO ACTS AS THE CHIEF MANAGEMENT NEGOTIATOR IN
 LABOR-MANAGEMENT NEGOTIATIONS.
 
    BASED ON THE PARTIES' STIPULATION, WHICH IS SUPPORTED BY THE RECORD,
 THE AUTHORITY FINDS THIS POSITION IS THAT OF A "MANAGEMENT OFFICIAL"
 WITHIN THE MEANING OF SECTION 7103(A)(11) OF THE STATUTE.  THUS, THE
 AUTHORITY SHALL ORDER JOB NUMBER 79-16, PROJECT OFFICER, GS-301-14, BE
 EXCLUDED FROM THE EXCLUSIVELY RECOGNIZED UNIT.
 
    JOB NUMBER 79-78, PROGRAM ANALYST, GS-345-13
 
    THE TWO INCUMBENTS IN THIS POSITION ARE SENIOR ANALYSTS IN THE
 PROGRAM BUDGET DIVISION OF THE COMPTROLLER'S OFFICE WHICH IS RESPONSIBLE
 FOR ALL THE APPROPRIATIONS THAT THE ACTIVITY RECEIVES.  EACH OF THE
 INCUMBENTS IS RESPONSIBLE FOR A PORTION OF THE OVERALL PROGRAM.  THE
 PROGRAM ANALYST WORKS WITH DPM'S AND MANAGEMENT ACTION OFFICERS, IN
 PLANNING PROGRAM OPERATIONS AND FINANCIAL MANAGEMENT.  THIS FUNCTION
 INCLUDES PLANNING THE PROCEDURES AND THE EXECUTION OF THOSE PROGRAMS
 WITH THE DPM'S, AND DEVELOPING THE FORECAST OF HOW THE APPROPRIATED
 MONEY IS GOING TO BE USED SO THAT THE DEPARTMENT OF ARMY CAN RELEASE THE
 MONEY TO THE ACTIVITY.  THE INCUMBENTS PLAN PROCEDURES FOR PROGRAMS
 WHICH THE DPM'S FOLLOW.
 
    THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT
 OFFICIAL," BUT RATHER THE ROLE OF THE INDIVIDUALS IN THIS POSITION IS
 THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION OR
 RECOMMENDATIONS.  IN THIS REGARD, THE ROLE OF THE INCUMBENTS IS LIMITED
 TO PLANNING PROCEDURES FOR THE RELEASE OF APPROPRIATED MONEY AND DOES
 NOT EXTEND BEYOND THAT TO A POINT OF ACTIVE PARTICIPATION IN THE
 ULTIMATE DETERMINATION OF POLICY.  THUS, THE AUTHORITY CONCLUDES THAT
 JOB NUMBER 79-78, PROGRAM ANALYST, GS-345-13, SHOULD BE INCLUDED IN THE
 EXCLUSIVELY RECOGNIZED UNIT.
 
    JOB NUMBER 71-898, FINANCIAL MANAGEMENT OFFICER, GS-501-13
 
    THIS POSITION ALSO IS LOCATED IN THE COMPTROLLER'S OFFICE, AND THE
 INCUMBENT IS RESPONSIBLE FOR PREPARING THE OPERATION OF THE MAINTENANCE
 PROGRAMS.  THIS JOB INVOLVES DEVELOPING CERTAIN ASPECTS OF THE
 ACTIVITY'S OFFICIAL BUDGET.  THE INCUMBENT INSURES THAT THE ACTIVITY
 DOES NOT OVER-OBLIGATE ITSELF IN BUDGETARY AREAS OF HIS RESPONSIBILITY,
 AND HE COORDINATES BUDGET OBLIGATIONS WITH OTHER AGENCIES.  WHEN THE
 INCUMBENT GOES TO A PROJECT SITE TO SOLVE A PROBLEM OR TO DEVELOP
 PROCEDURES RELATING TO CASH FLOW, HE IS THE COMPTROLLER'S REPRESENTATIVE
 AND HAS HIS AUTHORITY.  ALL RECOMMENDATIONS THAT THE FINANCIAL
 MANAGEMENT OFFICER DEVELOPS ARE REVIEWED BY HIS DIVISION CHIEF.
 
    THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT
 OFFICIAL," BUT RATHER THE ROLE OF THE INDIVIDUAL IN THIS POSITION IS
 THAT OF A RESOURCE PROFESSIONAL.  THE ROLE OF THE INCUMBENT IS LIMITED
 TO COORDINATING AND TROUBLESHOOTING THE ACTIVITY'S BUDGET OBLIGATIONS.
 THUS, THE AUTHORITY CONCLUDES THAT JOB NUMBER 71-898, FINANCIAL
 MANAGEMENT OFFICER, GS-501-13, SHOULD BE INCLUDED IN THE UNIT.
 
    JOB NUMBER 79-36, ELECTRONICS ENGINEER, GS-855-13
 
    THIS POSITION IS LOCATED UNDER THE COMPTROLLER IN THE COST ANALYSIS
 OFFICE.  THE INCUMBENT PROVIDES THE COST ANALYSIS OFFICE ENGINEERING
 EXPERTISE IN THE DEVELOPMENT OF VARIOUS COST STUDIES ASSIGNED.
 
    THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT
 OFFICIAL," AS IT DOES NOT APPEAR THAT THE INCUMBENT FORMULATES,
 DETERMINES OR INFLUENCES AGENCY POLICY WITHIN THE MEANING OF THE
 STATUTE, BUT RATHER, THE ROLE OF THE INDIVIDUAL IN THIS POSITION IS THAT
 OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION OR
 RECOMMENDATIONS IN THE DEVELOPMENT OF COST STUDIES.  THEREFORE, THE
 AUTHORITY CONCLUDES THAT JOB NUMBER 79-36, ELECTRONICS ENGINEER,
 GS-855-13, SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT.
 
    JOB NUMBER 76-968, COMMUNICATIONS MANAGEMENT SPECIALIST, GS-391-13
 
    THE RECORD ESTABLISHES THAT THE INDIVIDUALS IN THIS POSITION SERVE AS
 PROJECT OFFICERS ON MAJOR DEFENSE COMMUNICATIONS ACQUISITION PROJECTS.
 THEIR JOB IS TO MANAGE AND OVERSEE A PROJECT FROM AN IMPLEMENTATION AND
 OPERATIONAL STANDPOINT.  THE INCUMBENTS REVIEW ALL THE REQUIREMENTS OF A
 PROJECT AND CAN ALTER THOSE REQUIREMENTS FOR THE EFFICIENT EXECUTION OF
 THE PROJECT.  A PROJECT OFFICER IS RESPONSIBLE FOR ACQUIRING EQUIPMENT
 AND VISITING THE PROJECT SITE TO INVESTIGATE AND COORDINATE ACTION IN
 PROBLEM AREAS WITH OTHER RESOURCE PEOPLE.  HE WOULD HAVE THE AUTHORITY
 TO MAKE CERTAIN DECISIONS, BASED ON HIS ROLE AND THE PARTICULAR
 CIRCUMSTANCES, TO MEET THE TIME AND BUDGET REQUIREMENTS.
 
    THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT
 OFFICIAL" WITHIN THE MEANING OF THE STATUTE, AS IT DOES NOT REQUIRE
 INCUMBENTS TO FORMULATE, DETERMINE OR INFLUENCE AGENCY POLICY.  RATHER,
 THE ROLE OF THE INDIVIDUALS IN THIS POSITION IS THAT OF AN EXPERT OR
 PROFESSIONAL RENDERING RESOURCE INFORMATION OR RECOMMENDATIONS.  IN THIS
 REGARD, THE INCUMBENTS MANAGE AND OVERSEE A PROJECT FROM AN
 IMPLEMENTATION AND OPERATIONAL STANDPOINT.  THEY DO NOT SET OR ESTABLISH
 THE DIFFERENT REQUIREMENTS OF A PROJECT.  THEY REVIEW THOSE REQUIREMENTS
 FROM A PROJECT MANAGEMENT STANDPOINT, AND ALTHOUGH THE INCUMBENTS HAVE
 THE AUTHORITY TO MAKE CERTAIN DECISIONS WITH REGARD TO A PROJECT, THOSE
 DECISIONS ARE LIMITED IN SCOPE AND DO NOT EXTEND THE ROLE OF THE
 INCUMBENTS TO THE POINT OF ACTIVE PARTICIPATION IN THE ULTIMATE
 DETERMINATION AS TO POLICY WITHIN THE MEANING OF THE STATUTE.  THUS, THE
 AUTHORITY CONCLUDES THAT JOB NUMBER 76-968, COMMUNICATIONS MANAGEMENT
 SPECIALIST, GS-391-13, SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED
 UNIT.
 
    JOB NUMBER 75-507, GENERAL ENGINEER, GS-801-13
 
    THIS POSITION IS LOCATED IN THE CONFIGURATION MANAGEMENT DIVISION OF
 THE PROCUREMENT AND PRODUCT CONTROL DIRECTORATE.  THE INCUMBENT SERVES
 AS THE VALUE ENGINEERING PROGRAM MANAGER OF THE ACTIVITY, WHO OVERSEES
 AND MONITORS ALL IN-HOUSE AND CONTRACT PROGRAMS FOR COST CONSCIOUSNESS.
 THE INCUMBENT IS GUIDED BY REGULATIONS CONCERNING THE APPLICATION OF
 VALUE ENGINEERING PRINCIPLES.  HOWEVER, HE CAN DEVIATE FROM THESE
 REGULATIONS BASED UPON SPECIFIC CIRCUMSTANCES AND HIS EXPERTISE.  HE
 MAKES RECOMMENDATIONS FOR CHANGE BOTH IN TECHNICAL AREAS AND IN
 PHILOSOPHY OR MANAGEMENT APPLICATION WHICH WOULD OR COULD SAVE MONEY.
 
    THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT
 OFFICIAL," BUT RATHER THE ROLE OF THE INDIVIDUAL IN THIS POSITION IS
 THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION OR
 RECOMMENDATIONS.  THE ROLE OF THE INCUMBENT IS TO PROVIDE VALUE
 ENGINEERING EXPERTISE TO THE ACTIVITY'S PROGRAMS AND MAKE
 RECOMMENDATIONS IN THAT REGARD.  HE IS ONE OF MANY EXPERTS OR
 PROFESSIONALS RENDERING RESOURCE INFORMATION OR RECOMMENDATIONS ON AN
 ACTIVITY PROJECT, AND IT THUS DOES NOT APPEAR THAT THE INCUMBENT
 FORMULATES, DETERMINES OR INFLUENCES AGENCY POLICY WITHIN THE MEANING OF
 THE STATUTE.  THEREFORE, THE AUTHORITY CONCLUDES THAT JOB NUMBER 75-507,
 GENERAL ENGINEER, GS-801-13, SHOULD BE INCLUDED IN THE EXCLUSIVELY
 RECOGNIZED UNIT.
 
    JOB NUMBER 79-67, GENERAL ENGINEER, GS-801-13
 
    THE RECORD SHOWS THAT THIS POSITION IS LOCATED IN THE PRODUCT
 ASSURANCE DIVISION OF THE PROCUREMENT AND CONTROL DIRECTORATE.  THE
 INDIVIDUAL IN THIS POSITION IS AN ENGINEER WHO ANALYZES AND OVERSEES THE
 PRODUCT ASSURANCE OF MATERIALS BOUGHT BY THE ACTIVITY.  WHEN THE
 ACTIVITY IS DEVELOPING PROCUREMENT REQUIREMENT PACKAGES, THE INCUMBENT
 IS ASSIGNED TO PARTICIPATE IN THE DEVELOPMENT OF THE PACKAGE.  HE HAS TO
 KNOW THE TECHNICAL REQUIREMENTS OF THE PRODUCTS, SERVICES OR SYSTEMS THE
 ACTIVITY IS BUYING.  AFTER ANALYSIS, HE MAKES A PROFESSIONAL
 RECOMMENDATION TO THE DPM AS TO THE PRODUCT ASSURANCE REQUIREMENTS,
 TESTING ACCEPTANCE, AND OTHER TECHNICAL REQUIREMENTS.  AFTER THE
 CONTRACT IS SIGNED AND UNDERWAY, THE INCUMBENT TRAVELS TO THE
 CONTRACTOR'S PLANT AND OBSERVES THE PRODUCT ASSURANCE ACTIVITIES THAT
 ARE GOING ON IN CONJUNCTION WITH OTHER PRODUCT ASSURANCE AND QUALITY
 ASSURANCE PERSONNEL, AND NOTES AND OBSERVES DEFICIENCIES OR PLACES WHERE
 CHANGES SHOULD BE MADE.  WHEN HE OBSERVES DEFICIENCIES HE RECOMMENDS TO
 THE DPM CERTAIN ADDITIONS OR DELETIONS FROM THE ACQUISITION.  HE HAS THE
 AUTHORITY, BASED ON HIS EXPERTISE, TO TAKE IMMEDIATE ACTION TO MAKE AN
 ON-THE-SPOT CURE.  THOUGH GUIDED BY PRODUCT ASSURANCE STANDARDS, THE
 INCUMBENT HAS LATITUDE IN DEVIATING OR MODIFYING THOSE STANDARDS BASED
 ON THE CIRCUMSTANCES.
 
    THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT
 OFFICIAL," BUT RATHER THE ROLE OF THE INDIVIDUAL IN THIS POSITION IS
 THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION OR
 RECOMMENDATIONS.  THUS, AS NOTED ABOVE, THE INCUMBENT IS THE ACTIVITY'S
 PRODUCT ASSURANCE EXPERT, AND ALTHOUGH HE HAS THE AUTHORITY, BASED ON
 THIS EXPERTISE, TO TAKE IMMEDIATE ACTION TO MAKE AN ON-THE-SPOT CURE OF
 A PROBLEM, THIS AUTHORITY DOES NOT EXTEND HIS ROLE TO THAT OF A
 "MANAGEMENT OFFICIAL" AS HE DOES NOT FORMULATE, DETERMINE OR INFLUENCE
 AGENCY POLICY WITHIN THE MEANING OF THE STATUTE.  THEREFORE, THE
 AUTHORITY CONCLUDES THAT JOB NUMBER 79-67, GENERAL ENGINEER, GS-801-13,
 SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT.
 
    JOB NUMBER 79-47, GENERAL ENGINEER, GS-801-13
 
    THIS POSITION IS LOCATED IN THE CONFIGURATION MANAGEMENT DIVISION OF
 THE PROCUREMENT AND PRODUCT CONTROL DIRECTORATE.  THE INDIVIDUALS
 FILLING THIS POSITION CONTROL THE SPECIFICATIONS OF EQUIPMENT THE
 ACTIVITY BUYS TO ENSURE STANDARDIZATION AND INTERCHANGEABILITY.  THE
 INCUMBENTS RECEIVE GUIDANCE FROM THE CHIEF OF THE DIVISION AND FROM
 CONFIGURATION MANAGEMENT REGULATIONS.  FOR EACH PRODUCT THE ACTIVITY
 BUYS, OR EACH ACQUISITION IT RECEIVES, A CONFIGURATION MANAGEMENT PLAN
 IS PREPARED.  THE INCUMBENTS ANALYZE THE ACQUISITION AND THEN DEVELOP A
 CONFIGURATION MANAGEMENT PLAN WHICH IS A BOOK THAT PEOPLE AROUND THE
 WORLD ARE TO FOLLOW WITH RESPECT TO THE MANAGEMENT CONTROL OF THAT
 PARTICULAR ACQUISITION.  THAT BOOK IS MADE TO CONFORM WITH BROAD
 CONFIGURATION MANAGEMENT GUIDELINES WITHIN THE GSA REGULATIONS OF
 CONFIGURATION MANAGEMENT.  HOWEVER, EACH ACQUISITION IS DIFFERENT AND
 THE CONFIGURATION MANAGEMENT PERSON FILLING THIS POSITION STRUCTURES THE
 PLAN AS HE SEES FIT, BASED ON THE SPECIFIC FACTUAL SITUATION.  FURTHER,
 HE CONSTANTLY MONITORS THE PLAN TO SEE THAT PEOPLE ARE LIVING UP TO THE
 PLAN'S GOALS AND BRINGS TO MANAGEMENT'S ATTENTION ANY PROBLEMS.  HE
 RECOMMENDS CHANGES TO CORRECT THESE PROBLEMS.
 
    THE AUTHORITY FINDS THIS POSITION NOT TO BE THAT OF A "MANAGEMENT
 OFFICIAL," BUT RATHER THE ROLE OF THE INDIVIDUALS IN THIS POSITION IS
 THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION OR
 RECOMMENDATIONS.  IN THIS REGARD, THE INCUMBENTS' ROLE IS TO PROVIDE
 CONFIGURATION EXPERTISE TO PROJECTS BEING MANAGED BY THE ACTIVITY, BUT
 THEY DO NOT FORMULATE, DETERMINE OR INFLUENCE AGENCY POLICY WITHIN THE
 MEANING OF THE STATUTE.  THUS, THE AUTHORITY CONCLUDES THAT JOB NUMBER
 79-47, GENERAL ENGINEER, GS-801-13, SHOULD BE INCLUDED IN THE
 EXCLUSIVELY RECOGNIZED UNIT.
 
    JOB NUMBER 79-90, ELECTRONICS ENGINEER, GS-855-13
 
    THE RECORD SHOWS THAT THE INCUMBENTS IN THIS POSITION ARE ACTION
 OFFICERS IN THE OFFICE OF THE DPM FOR RESEARCH AND DEVELOPMENT (R&D)
 SYSTEMS WITH RESPONSIBILITY FOR PLANNING, PROGRAMMING, ORGANIZING,
 DIRECTING AND EXECUTING ASSIGNED TASKS IN SUPPORT OF THE R&D MISSION.
 THE INCUMBENTS OPERATE UNDER BROAD ARMY AND DARCOM REGULATION AS THEY
 PERTAIN TO R&D.  HOWEVER, THERE IS CONSIDERABLE DISCRETION WITHIN THESE
 REGULATIONS WITH REGARD TO CONTRACTING, PROGRAMMING AND PLANNING.  THEY
 RECEIVE OVERALL REQUIREMENTS ON A PROJECT FROM THE DPM, AND THE DPM
 REVIEWS THE PROCEDURES USED BY THE ACTION OFFICERS TO MAKE SURE THEY ARE
 NOT ILLEGAL AND ARE BUDGETARILY SUFFICIENT.  THE ACTION OFFICERS APPLY
 BOTH TECHNICAL AND ADMINISTRATIVE KNOWLEDGE AND EXPERTISE TO THE
 PROJECTS THEY OVERSEE AND HAVE TOTAL ORGANIZATIONAL RESPONSIBILITY OF
 THE PROJECT.
 
    THE AUTHORITY FINDS THIS POSITION IS NOT THAT OF A "MANAGEMENT
 OFFICIAL," BUT RATHER THE ROLE OF THE INDIVIDUALS IN THIS POSITION IS
 THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION OR
 RECOMMENDATIONS.  IN THIS REGARD, THE INCUMBENTS IN THIS POSITION ARE
 RESPONSIBLE FOR THE PLANNING, PROGRAMMING, ORGANIZING, DIRECTION AND
 EXECUTION OF ASSIGNED TASKS IN SUPPORT OF THE ACTIVITY'S R&D MISSION.
 THEY DO NOT DETERMINE WHAT THE R&D MISSION IS, NOR THE ASSIGNMENT OF
 TASKS.  THEY ARE EXPERTS OR PROFESSIONALS APPLYING TECHNICAL AND
 ADMINISTRATIVE KNOWLEDGE AND EXPERTISE TO A PROJECT THEY OVERSEE AND
 HAVE ORGANIZATIONAL RESPONSIBILITY FOR THE PROJECT.  THEIR ROLE IS
 LIMITED AS SUCH TO THE CIRCUMSTANCES OF A PARTICULAR PROJECT AND DOES
 NOT EXTEND TO THE POINT OF ACTIVE PARTICIPATION IN THE ULTIMATE
 DETERMINATION AS TO POLICY WITHIN THE MEANING OF THE STATUTE.  THUS, THE
 AUTHORITY CONCLUDES THAT JOB NUMBER 79-90, ELECTRONICS, ENGINEER,
 GS-855-13, SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT.
 
    JOB NUMBER 74-363, TRAFFIC MANAGER, GS-2130-13
 
    THE INCUMBENT IN THIS POSITION IS LOCATED UNDER THE DIRECTOR OF
 LOGISTICS, AND IS RESPONSIBLE FOR THE TRANSPORTATION AND TRAFFIC
 MANAGEMENT OF ITEMS THE ACTIVITY BUYS OR ACQUIRES.  ALTHOUGH THE
 INCUMBENT CANNOT CHANGE ESTABLISHED DOD POLICY IN THIS REGARD, HE CAN,
 WITHIN THE LATITUDE OF THAT POLICY, DETERMINE THE BEST METHOD TO SHIP AN
 ITEM.  THIS INDIVIDUAL IS THE ACTIVITY'S EXPERT IN THIS PARTICULAR AREA
 AND HIS RECOMMENDATIONS IN THESE MATTERS ARE USUALLY FOLLOWED.
 
    THE AUTHORITY FINDS THIS POSITION NOT TO BE THAT OF A "MANAGEMENT
 OFFICIAL," BUT RATHER THE ROLE OF THE INDIVIDUAL IN THIS POSITION IS
 THAT OF AN EXPERT OR PROFESSIONAL IN THE FIELD OF TRAFFIC MANAGEMENT
 RENDERING INFORMATION AND RECOMMENDATIONS IN THAT REGARD.  HE IS A
 TECHNICIAN WHOSE ROLE DOES NOT EXTEND TO THE POINT OF ACTIVE
 PARTICIPATION IN THE ULTIMATE DETERMINATION AS TO WHAT A POLICY IN FACT
 WILL BE.  THUS, THE AUTHORITY CONCLUDES THAT JOB NUMBER 74-363, TRAFFIC
 MANAGER, GS-2130-13, SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED
 UNIT.
 
    JOB NUMBER 78-512, AUDITOR, GS-510-12
 
    THE INCUMBENT IN THIS POSITION WORKS UNDER THE GENERAL SUPERVISION OF
 THE CHIEF OF THE INTERNAL REVIEW OFFICE AND HANDLES FUNCTIONS AGREED
 UPON BY THE COMMANDER AND THE CHIEF OF THE INTERNAL REVIEW OFFICE.  HE
 IMPLEMENTS POLICIES THAT HAVE BEEN ESTABLISHED BY THE ACTIVITY, AND
 MAKES RECOMMENDATIONS FOR POLICY CHANGES AND OTHER RECOMMENDATIONS AS
 A
 RESULT OF THE AUDITS HE PERFORMS.
 
    THE AUTHORITY FINDS THIS POSITION NOT TO BE THAT OF A "MANAGEMENT
 OFFICIAL," BUT RATHER THE ROLE OF THE INDIVIDUAL IN THIS POSITION IS
 THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION OR
 RECOMMENDATIONS.  THUS, AS NOTED ABOVE, THE INCUMBENT IMPLEMENTS
 POLICIES THAT HAVE BEEN ESTABLISHED BY HIGHER MANAGEMENT AND MAKES
 RECOMMENDATIONS AS A RESULT OF AUDITS HE PERFORMS.  HIS ROLE DOES NOT
 EXTEND TO THE POINT OF ACTIVE PARTICIPATION IN THE ULTIMATE
 DETERMINATION AS TO WHAT A POLICY WILL BE.  THEREFORE, THE AUTHORITY
 FINDS THAT JOB NUMBER 78-512, AUDITOR, GS-510-12, SHOULD BE INCLUDED IN
 THE EXCLUSIVELY RECOGNIZED UNIT.
 
    CONFIDENTIAL EMPLOYEES
 
    SECTION 7103(A)(13) OF THE STATUE DEFINES A "CONFIDENTIAL EMPLOYEE"
 AS:
 
    . . . 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;
 
    THE ACTIVITY SEEKS TO EXCLUDE THE FOLLOWING POSITIONS FROM THE
 BARGAINING UNIT AS CONFIDENTIAL EMPLOYEES:
 
    JOB NUMBERS:  78-509, SECRETARY, GS-319-08;
 
    75-295, SECRETARY, GS-318-07;  AND
 
    75-727, SECRETARY, GS-318-05
 
    THE INCUMBENTS IN TEE ABOVE JOB POSITIONS ARE THE SECRETARIES FOR THE
 CG, DEPUTY COMMANDER, AND EXECUTIVE OFFICER (XO), RESPECTIVELY.  EACH OF
 THESE OFFICIALS SPENDS APPROXIMATELY 5% OF HIS TIME INVOLVED IN LABOR
 RELATIONS MATTERS.  THE XO IS RESPONSIBLE FOR EFFECTUATING THE POLICIES,
 PROCEDURES AND DICTATES OF THE CG AND DEPUTY COMMANDER.  THE SECRETARIES
 INVOLVED DO ALL THE TYPING AND FILING FOR THESE INDIVIDUALS, INCLUDING
 ON MATTERS CONCERNING DISCIPLINARY ACTIONS, GRIEVANCES AND EMPLOYEE
 APPRAISALS.  THEY ALSO SCREEN ALL CORRESPONDENCE RECEIVED BY THEIR
 SUPERIORS, AND ATTEND MANAGEMENT MEETINGS.
 
    THE AUTHORITY FINDS THESE POSITIONS ARE THOSE OF "CONFIDENTIAL
 EMPLOYEES" WITHIN THE MEANING OF SECTION 7103(A)(13) OF THE STATUTE.
 THE INDIVIDUALS IN JOB NUMBERS 78-509 AND 75-295 ARE THE PERSONAL
 SECRETARIES TO THE ACTIVITY'S POLICY FORMULATORS.  THE INDIVIDUAL IN THE
 JOB NUMBER 75-727 IS THE PERSONAL SECRETARY TO THE INDIVIDUAL WHO IS
 RESPONSIBLE FOR EFFECTUATING THOSE POLICIES, PROCEDURES AND DICTATES.
 ALL THE INCUMBENTS SCREEN THEIR SUPERVISORS' CORRESPONDENCE AND CALLS
 AND ATTEND MANAGEMENT MEETINGS.  THUS, THE RECORD ESTABLISHES THAT THEY
 EACH SERVE IN A CONFIDENTIAL CAPACITY WITH RESPECT TO AN INDIVIDUAL WHO
 FORMULATES OR EFFECTUATES MANAGEMENT POLICIES IN THE FIELD OF
 LABOR-MANAGEMENT RELATIONS AND IT IS HEREBY CONCLUDED THAT THE FOLLOWING
 POSITIONS SHALL BE EXCLUDED FROM THE EXCLUSIVELY RECOGNIZED UNIT:  JOB
 NUMBER 78-509, SECRETARY, GS-319-08;  JOB NUMBER 75-295, SECRETARY,
 GS-318-07;  AND JOB NUMBER 75-727, SECRETARY, GS-318-05.
 
    JOB NUMBER 75-503, SECRETARY, GS-318-06
 
    THE INCUMBENT IN THIS POSITION IS THE TECHNICAL DIRECTORS' SECRETARY.
  THE TECHNICAL DIRECTOR'S DUTIES AND RESPONSIBILITIES ARE SET OUT IN
 DETAIL ABOVE.  HE IS THE ACTIVITY'S TOP TECHNICAL ADVISOR AND HEADS THE
 ACTIVITY'S CAREER MANAGEMENT PROGRAM.  IN HIS LATTER ROLE, HE HAS ACCESS
 TO PERSONNEL RECORDS.  THE TECHNICAL DIRECTOR'S OFFICE IS A ONE-MAN
 OPERATION, AND HIS SECRETARY ACTS AS HIS ADMINISTRATIVE ASSISTANT AS
 WELL AS BEING HIS SECRETARY.  SHE ALSO DOES THE SECRETARIAL WORK FOR THE
 CHIEF OF THE MANAGEMENT NEGOTIATING TEAM WHO DOES NOT HAVE HIS OWN
 SECRETARY.  THE INCUMBENT HAS ACCESS TO AND MAINTAINS BOTH THEIR FILES.
 
    THE AUTHORITY FINDS THIS POSITION TO BE THAT OF A "CONFIDENTIAL
 EMPLOYEE" WITHIN THE MEANING OF SECTION 7103(A)(13) OF THE STATUTE.  THE
 INDIVIDUAL IN THIS POSITION PERFORMS ADMINISTRATIVE DUTIES AND THE
 SECRETARIAL WORK OF, AND ACTS IN A CONFIDENTIAL CAPACITY TO, THE PERSON
 WHO AS CHIEF MANAGEMENT NEGOTIATOR FORMULATES AND EFFECTUATES THE
 ACTIVITY'S MANAGEMENT POLICIES IN THE FIELD OF LABOR-MANAGEMENT
 RELATIONS.  THUS, THE AUTHORITY CONCLUDES THE JOB NUMBER 75-503,
 SECRETARY, GS-318-06, SHALL BE EXCLUDED FROM THE EXCLUSIVELY RECOGNIZED
 UNIT.
 
    JOB NUMBERS:  78-152, SECRETARY, GS-318-06;
 
    78-153, SECRETARY, GS-318-06;
 
    78-151, SECRETARY, GS-318-06;  AND
 
    78-124, SECRETARY, GS-318-06
 
    THE INCUMBENTS ARE THE SECRETARIES OF THE DEPUTY PROJECT MANAGERS
 (DPM'S).  THE DPM'S ARE NOT THE POINT OF CONTACT WITH THE UNION AND ARE
 NOT INVOLVED IN NEGOTIATIONS.  THE DPM'S ARE INVOLVED WITH
 LABOR-MANAGEMENT RELATIONS MATTERS ONLY IN RELATION TO THE OVER-ALL
 MISSION OF IMPLEMENTING THEIR PROJECTS.  THIS ON OCCASION REQUIRES THE
 EMPLOYEES IMMEDIATELY AT ISSUE TO TYPE OR HAVE ACCESS TO MATERIALS
 RELATING TO DISCIPLINARY ACTIONS, GRIEVANCES, AND EMPLOYEE APPRAISALS.
 
    THE AUTHORITY FINDS THESE POSITIONS NOT TO BE THOSE OF "CONFIDENTIAL
 EMPLOYEES." THUS, ALTHOUGH THESE INDIVIDUALS OCCASIONALLY TYPE AND HAVE
 ACCESS TO MATERIALS RELATING TO DISCIPLINARY ACTIONS, GRIEVANCES, AND
 EMPLOYEE APPRAISALS, MERE ACCESS TO, AND TYPING OF SUCH MATERIALS DOES
 NOT WARRANT THE EXCLUSION OF AN EMPLOYEE FROM AN EXCLUSIVELY RECOGNIZED
 UNIT.  RED RIVER ARMY DEPOT, TEXARKANA, TEXAS, 2 FLRA NO. 82.  AS THE
 RECORD DOES NOT OTHERWISE ESTABLISH THAT THESE EMPLOYEES ACT IN A
 CONFIDENTIAL CAPACITY WITH RESPECT TO THE DPM'S WITHIN THE MEANING OF
 THE STATUTE, THE AUTHORITY CONCLUDES THAT THE FOLLOWING POSITIONS SHOULD
 BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT:  JOB NUMBER 78-152,
 SECRETARY, GS-318-06;  JOB NUMBER 78-153, SECRETARY, GS-318-06;  JOB
 NUMBER 78-151, SECRETARY, GS-318-06;  AND JOB NUMBER 78-124, SECRETARY,
 GS-318-06.
 
    JOB NUMBER 71-783, CLERK-STENO, GS-312-5
 
    THIS INDIVIDUAL IS THE SECRETARY TO THE DPM OF RESEARCH AND
 DEVELOPMENT.  INTERMITTENTLY THE DPM IS INVOLVED IN MATTERS SUCH AS
 GRIEVANCES, EMPLOYEE APPRAISALS, AND DISCIPLINARY ACTIONS.  LAST YEAR HE
 WAS INVOLVED IN TWO GRIEVANCES.  HIS SECRETARY DOES ALL HIS TYPING AND
 MAINTAINS HIS FILES.
 
    THE AUTHORITY FINDS THIS POSITION NOT TO BE THAT OF A "CONFIDENTIAL
 EMPLOYEE." MERE ACCESS TO, AND TYPING OF EMPLOYEE PERSONNEL ACTIONS DOES
 NOT WARRANT THE EXCLUSION OF AN EMPLOYEE FROM AN EXCLUSIVELY RECOGNIZED
 UNIT, AND THE RECORD DOES NOT OTHERWISE INDICATE THAT THE INCUMBENT ACTS
 IN A CONFIDENTIAL CAPACITY TO THE DPM INVOLVED HEREIN.  THUS, THE
 AUTHORITY FINDS JOB NUMBER 71-783, CLERK-STENO, GS-312-5, SHOULD BE
 INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT.
 
    JOB NUMBERS:  77-1704, SECRETARY, GS-318-06;
 
    71-501, SECRETARY, GS-318-06;  AND
 
    77-1127, SECRETARY, GS-318-06
 
    THE INCUMBENTS IN THESE POSITIONS ARE THE SECRETARIES TO THE DIRECTOR
 OF LOGISTICS, THE DIRECTOR OF PROCUREMENT, AND THE COMPTROLLER,
 RESPECTIVELY.  THE DIRECTORS AND THE COMPTROLLER HAVE A SUBSTANTIAL
 GROUP OF EMPLOYEES UNDER THEM.  THEY ARE OCCASIONALLY INVOLVED WITH
 GRIEVANCES, EMPLOYEE APPRAISALS AND DISCIPLINARY PROBLEMS.  NORMALLY
 THEY DO NOT HAVE CONTACT WITH THE UNION.  THE DIRECTOR OF PROCUREMENT IS
 A MEMBER OF THE ACTIVITY'S MANAGEMENT NEGOTIATING TEAM, AND WHILE THE
 DIRECTOR OF LOGISTICS AND THE COMPTROLLER ARE NOT MEMBERS, THEY HAVE
 INDIVIDUALS UNDER THEM WHO ARE MEMBERS OF THAT TEAM.  HOWEVER,
 MANAGEMENT'S PROPOSALS NORMALLY ARE PREPARED IN THE CHIEF NEGOTIATOR'S
 OFFICE, BY HIS SECRETARY.  THERE HAVE NOT BEEN ANY LABOR-MANAGEMENT
 NEGOTIATIONS SINCE THE DIRECTOR OF PROCUREMENT HAS BEEN A MEMBER OF THE
 MANAGEMENT NEGOTIATING TEAM.
 
    THE AUTHORITY FINDS THE POSITIONS AT ISSUE NOT TO BE THOSE OF
 "CONFIDENTIAL EMPLOYEES." ALTHOUGH THE INDIVIDUALS IN THESE POSITIONS
 TYPE AND HAVE ACCESS TO MATERIAL OF A LABOR-MANAGEMENT NATURE, AS NOTED
 ABOVE, MERE ACCESS TO, AND TYPING OF OCCASIONAL LABOR-MANAGEMENT
 MATERIALS DOES NOT WARRANT THE EXCLUSION OF AN EMPLOYEE FROM AN
 EXCLUSIVELY RECOGNIZED UNIT.  RED RIVER ARMY DEPOT, TEXARKANA, TEXAS, 2
 FLRA NO. 82.  WITH RESPECT TO THE SECRETARY OF THE DIRECTOR OF
 PROCUREMENT, WHO IS ON THE ACTIVITY'S LABOR-MANAGEMENT TEAM, THE
 EVIDENCE ESTABLISHES THE SECRETARY OF THE CHIEF NEGOTIATOR DOES TYPING
 NECESSARY TO THOSE FUNCTIONS, AND MAINTAINS THE TEAM'S FILES IN THAT
 REGARD.
 
    THUS, THE AUTHORITY CONCLUDES THAT THE FOLLOWING POSITIONS SHOULD BE
 INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT:  JOB NUMBER 77-1704,
 SECRETARY, GS-318-06;  JOB NUMBER 71-501, SECRETARY, GS-318-06, AND JOB
 NUMBER 77-1127, SECRETARY, GS-318-06.
 
    JOB NUMBER 71-745, ADMINISTRATIVE CLERK, GS-301-06
 
    THE INDIVIDUAL IN THIS POSITION WORKS UNDER THE EXECUTIVE OFFICER.
 THE INCUMBENT SERVICES AS THE CIVILIAN PERSONNEL COORDINATOR FOR THE
 ACTIVITY.  AS THE COORDINATOR, THE INCUMBENT IS THE OFFICIAL CONTACT
 BETWEEN THE ACTIVITY AND THE SERVICING CIVILIAN PERSONNEL OFFICE.  THE
 INCUMBENT IS PRIVY TO ALL PERSONNEL MANAGEMENT ACTIONS WHICH INCLUDE
 SOME LABOR RELATIONS ACTIONS IN THE AREA OF REDUCTIONS, REMOVALS,
 GRIEVANCES, TRANSFERS, LATERAL APPOINTMENT, PROMOTIONS AND AWARDS.  SHE
 ALSO IS CALLED UPON TO RENDER ADVICE TO THE DEPUTY COMMANDER.  SHE HAS
 ACCESS TO THE EXECUTIVE OFFICER'S FILES.
 
    THE AUTHORITY FINDS THIS POSITION IS THAT OF AN EMPLOYEE ENGAGED IN
 PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY.  IN THIS
 REGARD, THE INCUMBENT SERVES AS THE CIVILIAN PERSONNEL COORDINATOR FOR
 THE ACTIVITY.  IN THIS ROLE, SHE IS THE OFFICIAL CONTACT BETWEEN THE
 ACTIVITY AND THE SERVICING CIVILIAN PERSONNEL OFFICE AND PROVIDES ADVICE
 TO THE DEPUTY COMMANDER.  THUS, PURSUANT TO SECTION 7112(B)(3) OF THE
 STATUTE, THE AUTHORITY SHALL ORDER THAT JOB NUMBER 77-745,
 ADMINISTRATIVE CLERK, GS-301-06, BE EXCLUDED FROM THE EXCLUSIVELY
 RECOGNIZED UNIT.
 
                           DIRECTION OF ELECTION
 
    THE AUTHORITY FINDS THE FOLLOWING UNIT, AS STIPULATED BY THE PARTIES,
 TO BE APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION UNDER THE
 STATUTE:
 
    ALL PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES OF THE U.S.  ARMY
 COMMUNICATIONS SYSTEMS
 
    AGENCY (U.S.A.C.S.A.) WITH DUTY STATION AT FORT MONMOUTH, NEW JERSEY,
 EXCLUDING ALL MANAGEMENT
 
    OFFICIALS, SUPERVISORS, EMPLOYEES DESCRIBED IN 5 U.S.C.  7112(B)(2),
 (3), (4), (6) AND (7) AND
 
    TEMPORARY EMPLOYEES WITH APPOINTMENTS OF 180 DAYS OR LESS.
 
    IT IS NOTED THAT THE UNIT FOUND APPROPRIATE INCLUDES PROFESSIONAL
 EMPLOYEES AND THAT THE AUTHORITY IS PROHIBITED BY SECTION 7112(B)(5) OF
 THE STATUTE FROM INCLUDING PROFESSIONAL EMPLOYEES IN THE UNIT WITH
 EMPLOYEES WHO ARE NOT PROFESSIONALS UNLESS A MAJORITY OF THE
 PROFESSIONAL EMPLOYEES VOTES FOR INCLUSION IN SUCH A UNIT.  ACCORDINGLY,
 THE DESIRES OF THE PROFESSIONAL EMPLOYEES AS TO INCLUSION IN THE UNIT
 WITH NONPROFESSIONAL EMPLOYEES MUST BE ASCERTAINED.  THE AUTHORITY,
 THEREFORE, DIRECTS SEPARATE ELECTIONS IN THE FOLLOWING GROUPS:
 
    VOTING GROUP (A):  ALL PROFESSIONAL EMPLOYEES OF THE U.S.  ARMY
 COMMUNICATIONS SYSTEMS
 
    AGENCY (U.S.A.C.S.A.) WITH DUTY STATION AT FORT MONMOUTH, NEW JERSEY,
 EXCLUDING ALL MANAGEMENT
 
    OFFICIALS, SUPERVISORS, EMPLOYEES DESCRIBED IN 5 U.S.C.  7112(B)(2),
 (3), (4), (6) AND (7) AND
 
    TEMPORARY EMPLOYEES WITH APPOINTMENTS OF 180 DAYS OR LESS.
 
    VOTING GROUP (B):  ALL NONPROFESSIONAL EMPLOYEES OF THE U.S.  ARMY
 COMMUNICATIONS SYSTEMS
 
    AGENCY (U.S.A.C.S.A.) WITH DUTY STATION AT FORT MONMOUTH, NEW JERSEY,
 EXCLUDING ALL MANAGEMENT
 
    OFFICIALS, SUPERVISORS, EMPLOYEES DESCRIBED IN 5 U.S.C.  7112(B)(2),
 (3), (4), (6) AND (7) AND
 
    TEMPORARY EMPLOYEES WITH APPOINTMENTS OF 180 DAYS OR LESS.
 
    THE EMPLOYEES IN THE NONPROFESSIONAL VOTING GROUP (B) WILL BE POLLED
 AS TO WHETHER OR NOT THEY DESIRE TO BE REPRESENTED BY THE AFGE, BY THE
 NFFE OR BY NEITHER.
 
    THE EMPLOYEES IN THE PROFESSIONAL VOTING GROUP (A) WILL BE ASKED TWO
 QUESTIONS ON THEIR BALLOTS:  (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 AFGE, BY THE NFFE OR BY NEITHER.
  IN THE EVENT THAT A MAJORITY OF THE VALID VOTES OF VOTING GROUP (A) IS
 CAST IN FAVOR OR INCLUSION IN THE SAME UNIT AS THE NONPROFESSIONAL
 EMPLOYEES, THE BALLOTS OF VOTING GROUP (A) SHALL BE COMBINED WITH THOSE
 OF VOTING GROUP (B).
 
    UNLESS A MAJORITY OF THE VOTES OF VOTING GROUP (A) IS CAST FOR
 INCLUSION IN THE SAME UNIT AS THE NONPROFESSIONAL EMPLOYEES, THEY WILL
 BE TAKEN TO HAVE INDICATED THEIR DESIRE TO CONSTITUTE A SEPARATE UNIT,
 AND AN APPROPRIATE CERTIFICATION WILL BE ISSUED INDICATING WHETHER THE
 AFGE, THE NFFE OR NEITHER WAS SELECTED BY THE PROFESSIONAL EMPLOYEES
 UNIT.
 
    THE UNIT DETERMINATION IN THE SUBJECT CASE THUS IS BASED IN PART UPON
 THE RESULTS OF THE ELECTION AMONG THE PROFESSIONAL EMPLOYEES.  HOWEVER,
 THE AUTHORITY MAKES THE FOLLOWING FINDINGS IN REGARD TO THE APPROPRIATE
 UNIT:
 
    1.  IF A MAJORITY OF THE PROFESSIONAL EMPLOYEES VOTES FOR INCLUSION
 IN THE SAME UNIT AS THE NONPROFESSIONAL EMPLOYEES, THE AUTHORITY FINDS
 THAT THE FOLLOWING EMPLOYEES CONSTITUTE A UNIT APPROPRIATE FOR THE
 PURPOSE OF EXCLUSIVE RECOGNITION WITHIN THE MEANING OF SECTION 7112 OF
 THE STATUTE:
 
    ALL PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES OF THE U.S.  ARMY
 COMMUNICATIONS SYSTEMS
 
    AGENCY (U.S.A.C.S.A.) WITH DUTY STATION AT FORT MONMOUTH, NEW JERSEY,
 EXCLUDING ALL MANAGEMENT
 
    OFFICIALS, SUPERVISORS, EMPLOYEES DESCRIBED IN 5 U.S.C.  7112(B)(2),
 (3), (4), (6) AND (7) AND
 
    TEMPORARY EMPLOYEES WITH APPOINTMENTS OF 180 DAYS OR LESS.
 
    2.  IF A MAJORITY OF THE PROFESSIONAL EMPLOYEES DOES NOT VOTE FOR
 INCLUSION IN THE SAME UNIT AS THE NONPROFESSIONAL EMPLOYEES, THE
 AUTHORITY FINDS THAT THE FOLLOWING TWO GROUPS OF EMPLOYEES CONSTITUTE
 SEPARATE UNITS APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION
 WITHIN TEE MEANING OF SECTION 7112 OF THE STATUTE:
 
    (A) ALL PROFESSIONAL EMPLOYEES OF THE U.S. ARMY COMMUNICATIONS
 SYSTEMS AGENCY
 
    (U.S.A.C.S.A.) WITH DUTY STATION AT FORT MONMOUTH, NEW JERSEY,
 EXCLUDING ALL MANAGEMENT
 
    OFFICIALS, SUPERVISORS, EMPLOYEES DESCRIBED IN 5 U.S.C.  7112(B)(2),
 (3), (4), (6) AND (7) AND
 
    TEMPORARY EMPLOYEES WITH APPOINTMENTS OF 180 DAYS OR LESS.
 
    (B) ALL NONPROFESSIONAL EMPLOYEES OF THE U.S. ARMY COMMUNICATIONS
 SYSTEMS AGENCY
 
    (U.S.A.C.S.A.) WITH DUTY STATION AT FORT MONMOUTH, NEW JERSEY,
 EXCLUDING ALL MANAGEMENT
 
    OFFICIALS, SUPERVISORS, EMPLOYEES DESCRIBED IN 5 U.S.C.  7112(B)(2),
 (3), (4), (6) AND (7) AND
 
    TEMPORARY EMPLOYEES WITH APPOINTMENTS OF 180 DAYS OR LESS.
 
                           DIRECTION OF ELECTION
 
    ELECTIONS BY SECRET BALLOT SHALL BE CONDUCTED AMONG EMPLOYEES IN THE
 VOTING GROUPS DESCRIBED ABOVE, AS EARLY AS POSSIBLE, BUT NOT LATER THAN
 60 DAYS FROM THE DATE BELOW.  THE APPROPRIATE REGIONAL DIRECTOR SHALL
 SUPERVISE THE ELECTION, 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 THAT PERIOD BECAUSE THEY
 WERE OUT ILL, OR ON VACATION OR ON 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 DAT