Fort Knox Dependent Schools (Activity) and Fort Knox Teachers Association (Petitioner) 

 



[ v05 p33 ]
05:0033(5)RO
The decision of the Authority follows:


 5 FLRA No. 5
 
 FORT KNOX DEPENDENT SCHOOLS
 Activity
 
 and
 
 FORT KNOX TEACHERS ASSOCIATION
 Petitioner
 
                                            Case No. 4-RO-47
 
                    DECISION AND DIRECTION OF ELECTION
 
    UPON A PETITION DULY FILED UNDER SEC. 7111(B)(1) OF THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, 5 U.S.C. 7101-7135 (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.
 
    THE PETITIONER SEEKS TO REPRESENT EXCLUSIVELY CERTAIN EMPLOYEES OF
 THE ACTIVITY IN A UNIT DESCRIBED AS:  ALL PROFESSIONAL TEACHER PERSONNEL
 EMPLOYED BY THE FORT KNOX DEPENDENT SCHOOL BOARD, INCLUDING TEACHERS,
 LIBRARIANS, SPEECH THERAPISTS, AND READING TEACHERS, EXCLUDING ALL
 MANAGEMENT OFFICIALS, SUPERVISORS, AND EMPLOYEES DESCRIBED IN 5 U.S.C.
 7112(B)(2), (3), (4), (6) AND (7).
 
    THE ACTIVITY, WHICH IS LOCATED AT THE FORT KNOX, KENTUCKY
 INSTALLATION, OPERATES TEN SCHOOLS (SEVEN ELEMENTARY, TWO MIDDLE, AND
 ONE HIGH SCHOOL).  THE FORT KNOX DEPENDENT SCHOOL BOARD IS APPOINTED BY
 THE POST COMMANDER FOR THE PURPOSE OF HIRING AND SUPERVISING OF SCHOOL
 PERSONNEL.  THIS BOARD ALSO SETS SCHOOL POLICY, THE SCHOOL CALENDAR AND
 SALARIES OF THE SCHOOL PERSONNEL.  THE SCHOOL PERSONNEL INCLUDES
 TEACHERS, LIBRARIANS, AND SPEECH THERAPISTS.  THE RECORD REVEALS THAT
 THE ACTIVITY EXERCISES DIRECT CONTROL OVER THE ABOVE-DESCRIBED
 PERSONNEL.  IN THIS CONNECTION, ALTHOUGH THE SUPERINTENDENT MAKES THE
 RECOMMENDATION WITH RESPECT TO HIRING AND FIRING OF TEACHERS, THE
 RECOMMENDATION IS SUBJECT TO REVIEW BY THE SCHOOL BOARD, AND FOR
 ULTIMATE DECISION BY THE COMMANDING GENERAL.  DECISIONS WITH RESPECT TO
 ANNUAL LEAVE, PROMOTIONS, LEAVES OF ABSENCE, PROFESSIONAL COURSE
 REQUIREMENTS AND THE LIKE, ARE SUBJECT TO CONTROL BY THE PERSONNEL
 DEPARTMENT OF THE ACTIVITY.
 
    THE PRIMARY JOB FUNCTIONS OF THE ABOVE-DESCRIBED SCHOOL PERSONNEL
 INCLUDED IN THE PETITIONED FOR UNIT, ABOUT 245 IN NUMBER, ARE TO HELP
 STUDENTS LEARN SUBJECT MATTER AND SKILLS THAT WILL CONTRIBUTE TO THEIR
 DEVELOPMENT AS MATURE, RESPONSIBLE MEN AND WOMEN, BY PLANNING A PROGRAM
 OF STUDY, PREPARING FOR AND INSTRUCTING THESE CLASSES, KEEPING RECORDS,
 MAINTAINING DISCIPLINE, MEETING WITH STUDENTS AND PARENTS, AND ATTENDING
 STAFF MEETINGS.  THE LIBRARIANS ASSIST THE TEACHERS IN THE SELECTION OF
 BOOKS AND MATERIALS TO SUPPLEMENT THE CLASSROOM INSTRUCTION, INFORM THE
 TEACHERS OF NEW MATERIAL, WORK WITH THE TEACHERS IN PLANNING
 ASSIGNMENTS, HELP STUDENTS DEVELOP SKILL IN USE OF REFERENCE MATERIAL
 AND PARTICIPATE AT PLANNING MEETINGS.  THE SPEECH THERAPISTS ASSIST THE
 TEACHERS IN DEVELOPMENT OF PROPER SPEECH IN STUDENTS REQUIRING
 ADDITIONAL HELP IN THIS AREA.  THEY ALSO WORK WITH THE TEACHERS AND THE
 STUDENTS REQUIRING HELP IN PLANNING FOR THEIR PARTICULAR NEEDS.  THE
 READING TEACHERS ASSIST THE TEACHERS IN DEVELOPMENT OF READING SKILLS IN
 STUDENTS REQUIRING ADDITIONAL HELP IN THIS AREA.  THEY ALSO WORK WITH
 THE TEACHERS AND STUDENTS REQUIRING SPECIAL PLANNING FOR THEIR SPECIFIC
 NEEDS.
 
    THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 2302 (AFGE),
 WHICH REPRESENTS OTHER UNITS OF BASE EMPLOYEES, NONE OF WHICH INCLUDES
 THE ABOVE-DESCRIBED SCHOOL PERSONNEL, DID NOT INTERVENE IN THIS
 PROCEEDING.  AFGE REPRESENTS THREE UNITS OF EMPLOYEES AT THE FT.  KNOX
 INSTALLATION, BUT HAS NEVER SOUGHT TO REPRESENT THE PARTICULAR UNIT OF
 EMPLOYEES PETITIONED FOR HEREIN.  THESE THREE OTHER REPRESENTED GROUPS
 ARE MADE UP OF FEDERAL EMPLOYEES OF THE INSTALLATION WHO WORK TOTALLY
 DIFFERENT YEARLY AND DAILY SCHEDULES, ARE HIRED IN A DIFFERENT MANNER,
 AND WHOSE SALARY RATE, EDUCATIONAL REQUIREMENTS AND SKILLS ARE ENTIRELY
 DIFFERENT FROM THE PETITIONED FOR EMPLOYEES.  THE THREE GROUPS
 REPRESENTED BY AFGE CONSIST OF THE FOLLOWING:
 
    GROUP I-- NON-PROFESSIONAL, APPROPRIATED FUND EMPLOYEES ASSIGNED TO
 THE DEPARTMENT OF
 
    FACILITIES ENGINEERS, DIRECTOR OF INDUSTRIAL OPERATIONS MEDDAC,
 DENTAC, THE COMMISSARY, TROOP
 
    SUPPORT COMMUNICATIONS COMMAND AND ARMOR SCHOOL.
 
    GROUP II-- ALL PROFESSIONAL EMPLOYEES AND MEDDAC AND DENTAC--
 CONSISTING OF DOCTORS,
 
    NURSES, DENTISTS, CLINICAL PSYCHOLOGISTS, AND PSYCHIATRIC SOCIAL
 WORKERS LOCATED AT THE BASE
 
    HOSPITAL.
 
    GROUP III-- ALL NON-APPROPRIATED FUND EMPLOYEES, OF CLUBS AND
 RECREATIONAL GROUPS ON BASE
 
    WHICH ARE SELF SUPPORTING.
 
    AT THE PRESENT TIME THESE THREE GROUPS ARE WORKING UNDER TWO
 CONTRACTS, THE FIRST TWO GROUPS UNDER ONE CONTRACT, AND THE
 NON-APPROPRIATED FUND EMPLOYEES UNDER ONE CONTRACT.
 
    THE PETITIONER CONTENDS THAT THE UNIT SOUGHT IS SEPARATELY
 APPROPRIATE AND WOULD ENHANCE EFFECTIVE DEALINGS, AND EFFICIENCY OF
 AGENCY OPERATIONS.  IN THIS CONNECTION, IT ASSERTS THAT THE PROFESSIONAL
 TEACHER PERSONNEL WITHIN THE PROPOSED UNIT ARE SET APART FROM THE OTHER
 REPRESENTED BASE EMPLOYEES DUE TO THE FOLLOWING:
 
    1.  DIFFERENT WORK SCHEDULES:  TEACHERS ARE ON A NINE AND A HALF
 MONTH BASIS RATHER THAN A TWELVE MONTH BASIS AS ARE OTHER CIVILIAN
 EMPLOYEES.  THEY ARE ALSO ON DIFFERENT TIME SCHEDULES BECAUSE OF THE
 SCHOOL REQUIREMENTS.
 
    2.  DIFFERENT SUPERVISION:  THE EMPLOYEES IN THE PROPOSED UNIT ARE
 SUPERVISED BY THE PRINCIPAL, SUPERINTENDENT AND THE SCHOOL BOARD.
 
    3.  DIFFERENT PAY SCHEDULES:  AS STATED IN THEIR CONTRACT, THE
 PROPOSED UNIT EMPLOYEES' SALARIES ARE BASED ON "THE PAY SCHEDULES FOR
 SIMILAR POSITIONS IN SELECTIVE COMPARABLE PUBLIC SCHOOL SYSTEMS IN THIS
 STATE."
 
    4.  DIFFERENCE IN SKILLS:  THE PROFESSIONAL TEACHER PERSONNEL IN THE
 PROPOSED UNIT MUST ALL BE CERTIFIED AS A TEACHER BY THE STATE OF
 KENTUCKY.  NO OTHER BASE PERSONNEL ARE REQUIRED TO HOLD A TEACHING
 CERTIFICATE.  THE TEACHERS MUST ALSO HAVE A BA OR BS DEGREE AND FOR
 THOSE HIRED AFTER 1968, MUST HAVE ACQUIRED A MASTERS DEGREE AFTER 10
 YEARS.
 
    5.  DIFFERENCE IN GOALS:  THE EMPLOYEES IN THE PROPOSED UNIT HAVE A
 COMMON GOAL-- THE STUDENT-- HIS TOTAL LIFE WHILE AT SCHOOL, DAY AFTER
 DAY.
 
    6.  DIFFERENCE IN TOOLS:  THE TOOLS REQUIRED BY THE EMPLOYEES IN THE
 PROPOSED UNIT ARE ENTIRELY DIFFERENT FROM OTHER BASE PERSONNEL, BEING
 THE TOOLS OF TEACHING, SUCH AS BOOKS, PAPERS AND AUDIOVISUAL AIDS.
 
    7.  SEPARATION FROM OTHER BASE PERSONNEL:  LOGISTICALLY, THESE
 EMPLOYEES ARE COMPLETELY SEPARATED FROM THE OTHER BASE PERSONNEL,
 INTERACT WITH THEM INFREQUENTLY, AND NEVER INTERCHANGE POSITIONS WITH
 THEM.
 
    THE ACTIVITY CONTENDS THAT THE PETITIONED FOR LIBRARIANS ARE
 SUPERVISORS WITHIN THE MEANING OF THE STATUTE AND THEREFORE SHOULD NOT
 PROPERLY BE INCLUDED IN THIS UNIT;  THAT THE PETITIONER IS NOT A LABOR
 ORGANIZATION WITHIN THE MEANING OF THE STATUTE;  THAT THE PETITIONER HAS
 NOT COMPLIED WITH THE SECTION 7120 STANDARDS OF CONDUCT REQUIREMENTS FOR
 A LABOR ORGANIZATION;  THAT THE TEACHERS ARE INDEPENDENT CONTRACTORS,
 NOT EMPLOYEES WITHIN THE MEANING OF THE STATUTE AND THUS CANNOT BE
 REPRESENTED BY A LABOR ORGANIZATION;  AND, FINALLY, THAT IF IN FACT THEY
 ARE EMPLOYEES, THEY SHOULD BE MORE APPROPRIATELY REPRESENTED BY AFGE, AS
 IT REPRESENTS OTHER EMPLOYEES AT THE FT. KNOX INSTALLATION.  IT FURTHER
 CONTENDS THAT THE PETITIONED FOR UNIT WOULD NOT PROMOTE EFFECTIVE
 DEALINGS AND EFFICIENCY OF AGENCY OPERATIONS.
 
    THE ACTIVITY ASSERTS THAT THE PETITIONER IS A PROFESSIONAL
 ORGANIZATION, AS EVIDENCED BY ITS CONSTITUTION, AND IS NOT A LABOR
 ORGANIZATION WITHIN THE MEANING OF SECTION 7103(A)(4) OF THE STATUTE.
 THE ACTIVITY FILED A CHALLENGE TO THE PETITIONER'S STATUS AS A LABOR
 ORGANIZATION, PURSUANT TO SECTION 2422.2(G) OF THE REGULATIONS OF THE
 FEDERAL LABOR RELATIONS AUTHORITY, CLAIMING INTER ALIA THAT THE
 PETITIONER'S MEMBERS HAVE NO DESIRE TO BE RECOGNIZED AS A LABOR
 ORGANIZATION.  THE FORT KNOX TEACHERS ASSOCIATION IS AN UNINCORPORATED
 ASSOCIATION OF "TEACHER CERTIFIED" PERSONNEL EMPLOYED BY THE FORT KNOX
 BOARD OF EDUCATION, AND IS NOT AFFILIATED WITH ANY OTHER ORGANIZATION.
 THE PETITIONER STATES ON THE FACE OF ITS PETITION THAT IT IS A LABOR
 ORGANIZATION.  THAT IS, AS DEFINED BY SECTION 7103(A) OF THE STATUTE, IT
 IS AN ORGANIZATION COMPOSED IN WHOLE OR IN PART OF EMPLOYEES, IN WHICH
 EMPLOYEES PARTICIPATE AND PAY DUES, AND WHICH HAS AS A PURPOSE THE
 DEALING WITH AN AGENCY CONCERNING GRIEVANCES AND CONDITIONS OF
 EMPLOYMENT.  THE ACTIVITY HAS PROVIDED NO BASIS TO SUPPORT ITS
 CONTENTION THAT THE PETITIONER IS NOT A LABOR ORGANIZATION WITHIN THE
 MEANING OF SECTION 7103(A)(4) OF THE STATUTE.
 
    WITH RESPECT TO THE ACTIVITY'S FURTHER ALLEGATIONS THAT THE UNION IS
 NOT A LABOR ORGANIZATION BECAUSE IT HAS NOT COMPLIED WITH SECTION 7120
 REQUIREMENTS, PURSUANT TO SECTION 7120(D) COMPLAINTS OF VIOLATIONS OF
 STANDARDS OF CONDUCT REQUIREMENTS ARE FILED WITH THE ASSISTANT SECRETARY
 OF LABOR FOR LABOR MANAGEMENT RELATIONS.  DECISIONS AND ORDERS OF THE
 ASSISTANT SECRETARY ARE ENFORCED PURSUANT TO PART 2428 OF THE
 AUTHORITY'S REGULATIONS.  THERE IS NOTHING IN THE RECORD TO INDICATE ANY
 PROCEEDING BEFORE THE ASSISTANT SECRETARY.  ACCORDINGLY, THE AUTHORITY
 FINDS THAT THE PETITIONER HEREIN IS A LABOR ORGANIZATION WITHIN THE
 MEANING OF 5 U.S.C.  7103(A)(4).
 
    BASED ON THE FOREGOING CIRCUMSTANCES, THE AUTHORITY FINDS THAT THE
 PETITIONED FOR UNIT IS APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE
 RECOGNITION WITHIN THE MEANING OF THE STATUTE, AS IT OBVIOUSLY
 ENCOMPASSES EMPLOYEES WHO SHARE A CLEAR AND IDENTIFIABLE COMMUNITY OF
 INTEREST SEPARATE AND DISTINCT FROM OTHER EMPLOYEES OF THE ACTIVITY.
 THUS, EMPLOYEES WHO WOULD BE INCLUDED IN THE UNIT SOUGHT, PERFORM THE
 SAME FUNCTIONS, POSSESS ESSENTIALLY THE SAME JOB CLASSIFICATIONS, SKILLS
 AND QUALIFICATIONS, ARE ENGAGED IN INTEGRATED WORK PROJECTS, AND ENJOY
 COMMON SUPERVISION AND WORKING CONDITIONS.  HENCE, THERE IS A CLEAR AND
 IDENTIFIABLE COMMUNITY OF INTEREST AMONG THE EMPLOYEES IN THE PROPOSED
 UNIT, SEPARATE AND DISTINCT FROM THOSE EMPLOYEES REPRESENTED BY THE AFGE
 AT THE FORT KNOX INSTALLATION.
 
    ADDITIONALLY, THE AUTHORITY FINDS THAT THE PETITIONED FOR UNIT WILL
 PROMOTE EFFECTIVE DEALINGS AND EFFICIENCY OF AGENCY OPERATIONS.  IN THIS
 REGARD THE AUTHORITY NOTES PARTICULARLY, IN ADDITION TO THE PETITIONED
 FOR FUNCTIONALLY DISTINCT UNIT, THERE ARE ALREADY IN EXISTENCE AT THE
 FORT KNOX INSTALLATION THREE OTHER SEPARATE BARGAINING UNITS.  THE
 EMPLOYEES IN EACH OF THESE UNITS, AS WELL AS THE EMPLOYEES IN THE UNIT
 HEREIN FOUND APPROPRIATE, ARE COMMONLY SERVICED BY THE BASE PERSONNEL
 OFFICE, WHICH ADMINISTERS ALL PERSONNEL PROGRAMS AND POLICIES.
 
    ELIGIBILITY ISSUES
 
    THE PARTIES ARE IN DISPUTE AS TO THE ELIGIBILITY OF THE TEACHERS TO
 BE REPRESENTED BY A LABOR ORGANIZATION, SINCE THE ACTIVITY MAINTAINS
 THAT THE TEACHERS HEREIN ARE INDEPENDENT CONTRACTORS AND ARE NOT
 EMPLOYEES WITHIN THE MEANING OF 5 U.S.C. 7103(A)(2).  THE PETITIONER ON
 THE OTHER HAND ASSERTS THAT THE TEACHERS ARE EMPLOYEES.  THE ACTIVITY
 ALSO CONTENDS THAT THE LIBRARIANS PETITIONED FOR HEREIN ARE SUPERVISORS
 WITHIN THE MEANING OF 5 U.S.C. 7103(A)(10), AS THEY SUPERVISE A LIBRARY
 AIDE.  ON THE CONTRARY, THE PETITIONER ASSERTS THAT THE LIBRARIANS ARE
 EMPLOYEES AND ARE NOT SUPERVISORS.
 
    TEACHERS
 
    THE ACTIVITY'S ARGUMENT THAT THE TEACHERS HEREIN ARE INDEPENDENT
 CONTRACTORS IS BASED ON THE FACT THAT THEY ARE ALL EMPLOYED UNDER
 PERSONAL SERVICE CONTRACTS.  HOWEVER, THE RECORD INDICATES THAT SECTION
 5(C) OF THE CONTRACT OF EMPLOYMENT WHICH EACH TEACHER IS REQUIRED TO
 SIGN STATES THAT THE EMPLOYEE IS A FEDERAL EMPLOYEE.  IT INDICATES THAT
 DEDUCTIONS WILL BE MADE FROM THE EMPLOYEES' PAY FOR CONTRIBUTION TO THE
 CIVIL SERVICE RETIREMENT FUND, AND FOR FEDERAL GROUP HEALTH AND LIFE
 INSURANCE PLANS.  THE RECORD REVEALS THAT THE TEACHERS ARE UNDER THE
 SUPERVISION AND CONTROL OF THE SCHOOL BOARD, WHOSE MEMBERS ARE SELECTED
 BY THE BASE COMMANDER.  THE SCHOOL BOARD SETS THE POLICY OF THE SCHOOLS,
 AND THE CALENDAR YEAR, AND HIRES THE SUPERINTENDENT, PRINCIPALS,
 TEACHERS, LIBRARIANS, SPEECH THERAPISTS AND READING TEACHERS.  THE FORT
 KNOX DEPENDENT SCHOOLS WERE ESTABLISHED PURSUANT TO SECTION 6, TITLE 1,
 20 U.S.C. 241, WHICH PROVIDES THAT WHEREVER POSSIBLE, FREE PUBLIC
 EDUCATION FOR CHILDREN LIVING ON FEDERAL PROPERTY WOULD BE PROVIDED BY
 THE REGULARLY CONSTITUTED STATE AND LOCAL EDUCATIONAL AGENCIES.  WHERE
 THIS WAS NOT POSSIBLE, SECTION 6 AUTHORIZED THE ESTABLISHMENT OF SCHOOLS
 BY THE FEDERAL GOVERNMENT INTO WHICH THE FORT KNOX SCHOOL SYSTEM FALLS.
 THE ACTIVITY ADMITS THAT THE TEACHERS ARE PAID BY THE ARMY, AND ARE
 ELIGIBLE FOR CIVIL SERVICE RETIREMENT, FEDERAL EMPLOYEES' GROUP LIFE
 INSURANCE, HEALTH BENEFITS COVERAGE, AND SEVERANCE PAY.  5 U.S.C.
 7103(A)(2)(A) PROVIDES IN PERTINENT PART:  "EMPLOYEE MEANS AN INDIVIDUAL
 EMPLOYED IN AN AGENCY . . . . "
 
    BASED ON THE FOREGOING, AND AS THE RECORD REVEALS THAT THE TEACHERS
 ARE UNDER THE CONTROL OF THE ARMY, ARE DIRECTED BY THE SCHOOL BOARD
 WHICH IS APPOINTED BY THE BASE COMMANDER, ARE PAID BY THE ARMY, AND ARE
 ELIGIBLE FOR THE VARIOUS OTHER EMPLOYEE BENEFITS, THE AUTHORITY FINDS
 THAT THE PETITIONED FOR TEACHERS ARE EMPLOYEES WITHIN THE MEANING OF THE
 STATUTE, AND ARE ELIGIBLE FOR INCLUSION IN ANY UNIT FOUND APPROPRIATE.
 SEE DEPARTMENT OF THE ARMY, FORT BRAGG SCHOOLS AND NORTH CAROLINA
 FEDERATION OF TEACHERS, AFT, AFL-CIO, 3 FLRA NO. 57(1980).
 
    LIBRARIANS
 
    THE ACTIVITY CONTENDS THAT THE LIBRARIANS ARE SUPERVISORS WITHIN THE
 MEANING OF THE STATUTE AS THEY SUPERVISE A LIBRARY AIDE.  PETITIONER
 ARGUES THAT THE LIBRARIANS ARE EMPLOYEES AND ARE NOT SUPERVISORS.  THE
 EVIDENCE INDICATES THAT THE LIBRARIANS MUST MEET ALL THE CERTIFICATION
 REQUIREMENTS OF THE TEACHERS ON THE SCHOOL STAFF.  IT ALSO DISCLOSES
 THAT THE LIBRARIANS ARE REQUIRED TO ATTEND STAFF MEETINGS WITH THE
 TEACHERS, AND ARE SUPERVISED BY THE SUPERINTENDENT AND THE VARIOUS
 PRINCIPALS.  THE LIBRARIANS ASSIST THE TEACHERS IN THE SUCCESSFUL
 PLANNING OF CURRICULUM FOR THE SCHOOL YEAR.
 
    THE RECORD DISCLOSES THAT ALTHOUGH A LIBRARY AIDE INTERMITTENTLY
 ASSISTS SOME LIBRARIANS FROM TIME TO TIME, THE AIDE IS ENGAGED IN
 ROUTINE ASSIGNMENTS WHICH REQUIRE LITTLE OR NO DIRECTION ON THE PART OF
 THE LIBRARIAN, AND SUCH DIRECTION DOES NOT REQUIRE THE CONSISTENT
 EXERCISE OF INDEPENDENT JUDGMENT.  MOREOVER, THE AIDE IS NOT HIRED,
 DISCIPLINED OR REMOVED BY THE LIBRARIAN, AND IS NOT RECOMMENDED FOR
 PROMOTIONS OR AWARDS BY THE LIBRARIAN, WHO IS ALSO NOT ABLE TO ADJUST
 ANY AIDE GRIEVANCES.  SECTION 7103(A)(10) OF THE STATUTE PROVIDES IN
 PERTINENT PART:  "'SUPERVISOR' MEANS AN INDIVIDUAL EMPLOYED BY AN AGENCY
 HAVING AUTHORITY IN THE INTEREST OF AN AGENCY TO . . . DIRECT, ASSIGN .
 . . IF THE EXERCISE OF THE AUTHORITY IS NOT MERELY ROUTINE OR CLERICAL
 IN NATURE BUT REQUIRES THE CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT .
 . . . "
 
    BASED ON THE FOREGOING CIRCUMSTANCES, WHICH INDICATE THAT ANY
 DIRECTION GIVEN TO THE LIBRARY AIDE BY THE LIBRARIANS IS MERELY ROUTINE
 AND THEY DO NOT RECOMMEND THE AIDE FOR PROMOTION AND MAY NOT HIRE OR
 REMOVE SUCH AIDE WITHIN THE MEANING OF 5 U.S.C. 7103(A)(10), THE
 AUTHORITY FINDS THAT THE LIBRARIANS ARE EMPLOYEES WITHIN THE MEANING OF
 THE STATUTE, AND ACCORDINGLY SHOULD BE INCLUDED IN THE UNIT FOUND
 APPROPRIATE.  SEE DEPARTMENT OF THE NAVY, NAVAL EDUCATION AND TRAINING
 CENTER, NEWPORT, RHODE ISLAND, 3 FLRA NO. 51(1980), GENERAL SERVICES
 ADMINISTRATION REGION 4, ATLANTA, GEORGIA, 3 FLRA NO. 23(1980).
 
    BASED ON THE FOREGOING, THE AUTHORITY FINDS THAT THE FOLLOWING UNIT
 IS APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION WITHIN THE
 MEANING OF SECTION 7112 OF THE STATUTE:
 
    ALL PROFESSIONAL TEACHER PERSONNEL EMPLOYED BY THE FORT KNOX
 DEPENDENT SCHOOL BOARD,
 
    INCLUDING TEACHERS, LIBRARIANS, SPEECH THERAPISTS, AND READING
 TEACHERS, EXCLUDING ALL
 
    MANAGEMENT OFFICIALS;  SUPERVISORS;  AND EMPLOYEES DESCRIBED IN 5
 U.S.C. 7112(B)(2), (3), (4),
 
    (6) AND (7).
 
                           DIRECTION OF ELECTION
 
    AN ELECTION BY SECRET BALLOT SHALL BE CONDUCTED AMONG THE EMPLOYEES
 IN THE UNIT FOUND APPROPRIATE AS SOON 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 OR VACATION, OR ON FURLOUGH, INCLUDING THOSE IN
 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 SHALL VOTE WHETHER OR NOT THEY
 DESIRE TO BE REPRESENTED FOR THE PURPOSE OF EXCLUSIVE RECOGNITION BY THE
 FORT KNOX TEACHERS ASSOCIATION OR BY NO UNION.
 
    ISSUED, WASHINGTON, D.C., JANUARY 28, 1981
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY