Panama Canal Commission (Agency) and American Federation of Government Employees, Local 1805, AFL-CIO (Petitioner); Panama Canal Commission (Agency) and Panama Area Metal Trades Council (Petitioner); Panama Canal Commission (Agency) and International Association of Fire Fighters, Local 13, AFL-CIO (Petitioner); Panama Canal Commission (Agency) and American Federation of State County and Municipal Employees, Local 900, AFL-CIO (Petitioner); Panama Canal Commission (Agency) and National Maritime Union, International Organization of Masters, Mates and Pilots, Panama Area Metal Trades Council (Petitioners); Panama Canal Commission and AFGE Local 14, AFL-CIO (Petitioner); Panama Canal Commission (Agency) and American Federation of State County and Municipal Employees, Local 900, AFL-CIO (Petitioner); Panama Canal Commission (Agency) and District 1, Pacific Coast District, Marine Engineers Beneficial Association, AFL-CIO (Petitioner) 

 



[ v05 p104 ]
05:0104(20)RO
The decision of the Authority follows:


 5 FLRA No. 20
 
 PANAMA CANAL COMMISSION
 Agency
 
 and
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 LOCAL 1805, AFL-CIO
 Petitioner                            Case No. 6-RO-33
 
 
 PANAMA CANAL COMMISSION
 Agency
 
 and
 
 PANAMA AREA METAL TRADES
 COUNCIL
 Petitioner                            Case No. 6-RO-34
 
 
 PANAMA CANAL COMMISSION
 Agency
 
 and
 
 INTERNATIONAL ASSOCIATION OF
 FIRE FIGHTERS, LOCAL 13, AFL-CIO
 Petitioner                            Case No. 6-RO-36
 
 
 PANAMA CANAL COMMISSION
 Agency
 
 and
 
 AMERICAN FEDERATION OF STATE,
 COUNTY AND MUNICIPAL EMPLOYEES,
 LOCAL 900, AFL-CIO
 Petitioner                            Case No. 6-RO-39
 
 
 PANAMA CANAL COMMISSION
 Agency
 
 and
 
 NATIONAL MARITIME UNION;
 INTERNATIONAL ORGANIZATION OF
 MASTERS, MATES AND PILOTS,
 PANAMA AREA METAL TRADES
 COUNCIL
 Petitioners                          Case No. 6-RO-55
 
 
 PANAMA CANAL COMMISSION
 Agency
 
 and
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 LOCAL 14, AFL-CIO
 Petitioner                            Case No. 6-RO-65
 
 
 PANAMA CANAL COMMISSION
 Agency
 
 and
 
 AMERICAN FEDERATION OF STATE,
 COUNTY AND MUNICIPAL EMPLOYEES,
 LOCAL 900, AFL-CIO
 Petitioner                            Case No. 6-RO-66
 
 
 PANAMA CANAL COMMISSION
 Agency
 
 and
 
 DISTRICT 1, PACIFIC COAST DISTRICT,
 MARINE ENGINEERS BENEFICIAL
 ASSOCIATION, AFL-CIO
 Petitioner                            Case No. 6-RO-69
 
 
                 DECISION, ORDER AND DIRECTION OF ELECTION
 
    UPON PETITIONS FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY UNDER
 SECTION 7111(B) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 STATUTE, 5 U.S.C.  7101-7135, A CONSOLIDATED 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 THESE CASES, INCLUDING BRIEFS TIMELY FILED
 BY THE AGENCY (THE COMMISSION);  A COALITION CONSISTING OF THREE UNIONS
 (THE NATIONAL MARITIME UNION, THE INTERNATIONAL ORGANIZATION OF MASTERS,
 MATES AND PILOTS, AND THE PANAMA AREA METAL TRADES COUNCIL) AND REFERRED
 TO AS MARITIME/METAL TRADES COUNCIL (M/MTC);  THE INTERNATIONAL
 ASSOCIATION OF FIRE FIGHTERS, LOCAL 13 (IAFF);  AND DISTRICT 1, PACIFIC
 COAST DISTRICT, MARINE ENGINEERS BENEFICIAL ASSOCIATION (MEBA);  AND
 REPLY BRIEFS FILED BY THE COMMISSION, M/MTC AND MEBA, THE AUTHORITY
 FINDS:  /1/
 
    THE LABOR ORGANIZATIONS INVOLVED CLAIM TO REPRESENT CERTAIN EMPLOYEES
 OF THE AGENCY.
 
    IN CASE NO. 6-RO-33, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 LOCAL 1805 (AFGE L. 1805) FILED A PETITION FOR A UNIT DESCRIBED AS
 FOLLOWS:
 
    INCLUDED:  ALL OCCUPATIONAL HEALTH NURSES EMPLOYED BY THE PANAMA
 CANAL COMMISSION.
 
    EXCLUDED:  ALL NON-PROFESSIONAL EMPLOYEES, MANAGEMENT OFFICIALS,
 SUPERVISORS AND EMPLOYEES
 
    DESCRIBED IN 5 U.S.C. 7112(B)(2), (3), (4), (6) AND (7).
 
    IN CASE NO. 6-RO-34, THE PANAMA AREA METAL TRADES COUNCIL (MTC) FILED
 A PETITION FOR A UNIT DESCRIBED AS FOLLOWS:
 
    INCLUDED:  ALL PRODUCTION, MAINTENANCE AND CRAFT LOCK OPERATING
 EMPLOYEES, INCLUDING
 
    JOURNEYMEN, APPRENTICES, TRAINEES, TEMPORARY AND PROBATIONARY
 EMPLOYEES, EMPLOYED IN THE
 
    EMPLOYER'S LOCKS DIVISION OF THE MARINE BUREAU AND THE MAINTENANCE,
 INDUSTRIAL, ELECTRICAL
 
    (INCLUDING POWER AND COMMUNICATIONS BRANCHES) AND DREDGING DIVISIONS
 OF THE ENGINEERING AND
 
    CONSTRUCTION BUREAUS, INCLUDING BUT NOT LIMITED TO APPRENTICES,
 JOURNEYMEN, LEADERS,
 
    INSPECTORS, LOCKMASTERS, CONTROL HOUSE OPERATORS, OPERATIONS GENERAL
 FOREMEN, GENERAL FOREMEN,
 
    LEAD FOREMEN, MECHANICAL AND ELECTRICAL SUPERVISORS, PLANNERS,
 ESTIMATORS AND PROGRESSMEN.
 
    EXCLUDED:  CLERICALS, SECURITY GUARDS, HELPERS, TOWING LOCOMOTIVE
 OPERATORS, BOATMEN AND
 
    LINEHANDLERS, EMPLOYEES EMPLOYED IN PERSONNEL WORK AND PROFESSIONAL
 EMPLOYEES.
 
    (AT THE HEARING AND IN ITS BRIEF, THE MTC STATED THAT IT SEEKS THIS
 UNIT ONLY AS AN ALTERNATIVE TO THE COMMISSION-WIDE UNIT PETITIONED FOR
 IN CASE NO. 6-RO-55.)
 
    IN CASE NO. 6-RO-36, THE IAFF PETITIONED FOR A UNIT DESCRIBED AS
 FOLLOWS:
 
    INCLUDED:  PANAMA CANAL COMMISSION FIRE DIVISION FIRE FIGHTERS,
 
    DRIVER-OPERATORS, SERGEANTS, LIEUTENANTS, CAPTAINS AND ASSISTANT
 CHIEFS.
 
    EXCLUDED:  PANAMA CANAL COMMISSION FIRE DIVISION FIRE CHIEFS AND ALL
 CLERICAL STAFF.
 
    AT THE HEARING IAFF AMENDED ITS PETITION TO EXCLUDE ASSISTANT CHIEFS
 FROM THE PROPOSED UNIT.
 
    IN CASE NO. 6-RO-39, AMERICAN FEDERATION OF STATE, COUNTY AND
 MUNICIPAL EMPLOYEES, LOCAL 900 (AFSCME L. 900) FILED A PETITION FOR A
 UNIT DESCRIBED AS FOLLOWS:
 
    INCLUDED:  ALL EMPLOYEES OF THE PANAMA CANAL COMMISSION.
 
    EXCLUDED:  ALL PERSONNEL EXEMPTED BY TITLE VII.
 
    IN CASE NO. 6-RO-55, THE M/MTC PETITIONED FOR A UNIT DESCRIBED AS
 FOLLOWS:
 
    INCLUDED:  ALL PROFESSIONAL EMPLOYEES AND NON-PROFESSIONAL EMPLOYEES
 EMPLOYED BY THE PANAMA
 
    CANAL COMMISSION.
 
    EXCLUDED:  MANAGEMENT OFFICIALS AND EMPLOYEES DEFINED IN 5 U.S.C.
 7112(B)(2), (3), (4), (6)
 
    AND (7).
 
    IN CASE NO. 6-RO-65, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 LOCAL 14 (AFGE L. 14) FILED A PETITION FOR A UNIT DESCRIBED AS FOLLOWS:
 
    INCLUDED:  ALL EMPLOYEES OF THE PANAMA CANAL POLICE DIVISION.
 
    EXCLUDED:  ALL MANAGEMENT OFFICIALS AND PERSONNEL OFFICIALS DESCRIBED
 IN 5
 
    U.S.C. 7112(B)(2), (3), (4), (6) AND (7).
 
    IN CASE NO. 6-RO-66, AFSCME L. 900 FILED A PETITION FOR A UNIT
 DESCRIBED AS FOLLOWS:
 
    INCLUDED:  PANAMANIANS (PANAMA CANAL COMMISSION FIRE DIVISION) FIRE
 FIGHTERS,
 
    DRIVER-OPERATORS, SERGEANTS, LIEUTENANTS, CAPTAINS,
 
    ALL CLERICAL STAFF.
 
    EXCLUDED:  PANAMA CANAL COMMISSION FIRE DIVISION FIRE CHIEF AND
 ASSISTANT CHIEFS.
 
    (AT THE HEARING AFSCME L. 900 INDICATED THAT IT DESIRES THIS UNIT
 ONLY AS AN ALTERNATIVE IN THE EVENT A COMMISSION-WIDE UNIT IS NOT FOUND
 APPROPRIATE.)
 
    IN CASE NO. 6-RO-69, MEBA FILED A PETITION FOR A UNIT DESCRIBED AS
 FOLLOWS:
 
    INCLUDED:  ALL LICENSED MARINE ENGINEERS AS DEFINED IN TITLE 35,
 SUBCHAPTER C, PART 119,
 
    CFR, AND THOSE IN AN APPROVED TRAINING PROGRAM LEADING TO SUCH
 LICENSING.
 
    EXCLUDED:  MANAGEMENT OFFICIALS AND EMPLOYEES DEFINED IN 5 U.S.C.
 7112(B)(2), (3), (4), (6)
 
    AND (7).
 
    WITH RESPECT TO THE PETITION FILED IN 6-RO-34 THE INTERNATIONAL
 ORGANIZATION OF MASTERS, MATES AND PILOTS (IOMMP) AND THE NATIONAL
 MARITIME UNION (NMU) SOUGHT INTERVENTION BASED ON SUBMISSION OF A
 SHOWING OF INTEREST.
 
    NMU SIMILARLY SOUGHT INTERVENTION OF THE PETITION FILED IN CASE NO.
 6-RO-36 AS DID AFSCME L. 900.
 
    IN CASE NO. 6-RO-39 AFGE L. 14 SUBMITTED A SHOWING OF INTEREST IN A
 EFFORT TO INTERVENE.
 
    AFSCME L. 900 INDICATED THAT IT WISHED THE SHOWING OF INTEREST WHICH
 IT HAD SUBMITTED IN SUPPORT OF ITS PETITION IN CASE NO. 6-RO-39 TO BE
 CONSIDERED AS AN INTERVENTION IN CONNECTION WITH THE PETITION FILED IN
 CASE NO. 6-RO-55.
 
    IN CASE NO. 6-RO-65, THE M/MTC SOUGHT TO INTERVENE VIA SUBMISSION OF
 A SHOWING OF INTEREST.
 
    AT THE CONSOLIDATED HEARING CONDUCTED IN THE CASES A MOTION WAS MADE
 BY THE M/MTC, WHICH WAS JOINED BY AFSCME L. 900, THAT ALL PARTIES TO THE
 CASES BE CONSIDERED INTERVENORS IN ALL PETITIONS.  IAFF OPPOSED THAT
 MOTION.  AT THE CONSOLIDATED HEARING AFSCME L. 900, THE M/MTC AND THE
 AFGE LOCALS INDICATED THAT THEY WERE INTERESTED IN APPEARING ON THE
 BALLOT IN ANY UNIT WHICH THE AUTHORITY FOUND APPROPRIATE.  IAFF
 INDICATED THAT IT WISHED TO PARTICIPATE IN AN ELECTION FOR ANY UNIT
 CONSISTING OF FIRE FIGHTERS ONLY.  MEBA INDICATED THAT IT WAS INTERESTED
 IN PARTICIPATING IN AN ELECTION FOR ANY UNIT CONSISTING OF MARINE
 ENGINEERS AND TRAINEES ONLY.
 
    QUESTIONS RAISED IN CONJUNCTION WITH THE PETITIONS INCLUDE THE
 FOLLOWING:  THE JURISDICTION OF THE AUTHORITY WITH RESPECT TO THE
 PETITIONS AND THE STATUS OF VARIOUS PARTICIPATING LABOR ORGANIZATIONS
 WITH RESPECT TO THE LABOR CODE OF THE REPUBLIC OF PANAMA;  TIMELINESS OF
 VARIOUS PETITIONS, STATUS OF CERTAIN LABOR ORGANIZATIONS AS INTERVENORS
 ON VARIOUS PETITIONS;  APPROPRIATENESS OF THE PETITIONED FOR UNITS;  AND
 THE ELIGIBILITY OF EMPLOYEES IN VARIOUS POSITIONS TO VOTE AS WELL AS THE
 INCLUSION OF CERTAIN GROUPS OF EMPLOYEES IN ANY UNIT(S) FOUND
 APPROPRIATE.
 
                       JURISDICTION OF THE AUTHORITY
 
    THE PANAMA CANAL COMMISSION, ON OCTOBER 1, 1979, PURSUANT TO SECTION
 1101 OF THE PANAMA CANAL ACT OF 1979 /2/ UNDERTOOK THE RESPONSIBILITY
 FOR THE MAINTENANCE AND OPERATION OF THE PANAMA CANAL AND THE FACILITIES
 AND APPURTENANCES RELATED THERETO.  SECTION 1271 OF THE PANAMA CANAL ACT
 OF 1979 SPECIFICALLY EXTENDED COVERAGE OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE TO, AMONG OTHERS, EMPLOYEES OF THE
 PANAMA CANAL COMMISSION.  /3/ IN VIEW OF THE EXPRESS PROVISIONS OF THE
 PANAMA CANAL ACT AND THE AUTHORITY'S FUNCTION AND ROLE WITH RESPECT TO
 ADMINISTERING THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE,
 THE AUTHORITY FINDS THAT IT HAS JURISDICTION IN THE INSTANT CASES.
 
    A QUESTION HAS ALSO BEEN RAISED WITH RESPECT TO THE STANDING OF
 SEVERAL OF THE PETITIONING LABOR ORGANIZATIONS BASED ON AN ALLEGATION
 THAT THEY ARE NOT DULY CONSTITUTED IN CONFORMANCE WITH THE LABOR CODE OF
 THE REPUBLIC OF PANAMA.  SECTION 1271 OF THE PANAMA CANAL ACT CONTAINS
 NO REQUIREMENT FOR SUCH CONFORMANCE.  INDEED SUBSECTION (B) OF THAT
 SECTION, WHICH IS QUOTED IN FOOTNOTE 3, SPECIFICALLY PROVIDES THAT LABOR
 RELATIONS OF THE COMMISSION ARE TO BE GOVERNED AND REGULATED SOLELY BY
 THE APPLICABLE LAWS, RULES AND REGULATIONS OF THE UNITED STATES.  THUS,
 THE AUTHORITY FINDS THAT CONFORMANCE WITH THE LABOR CODE OF THE REPUBLIC
 OF PANAMA IS NOT A REQUISITE FOR PARTICIPATION BY A LABOR ORGANIZATION
 IN THE PROCEEDINGS INVOLVED HEREIN.
 
                          TIMELINESS OF PETITIONS
 
    SEVERAL QUESTIONS REGARDING THE TIMELINESS OF CERTAIN PETITIONS WITH
 RESPECT TO QUALIFYING AS CROSS-PETITIONS ON OTHER PETITIONS WERE
 REFERRED TO THE AUTHORITY.  THE QUESTION OF TIMELINESS IN CONNECTION
 WITH GRANTING INTERVENTION ON THE VARIOUS PETITIONS HAS ALSO BEEN
 REFERRED TO THE AUTHORITY.
 
    SECTION 2422.5(B) OF THE AUTHORITY'S REGULATIONS (5 CFR 2422.5(B))
 PROVIDES THAT:
 
    A LABOR ORGANIZATION SEEKING EXCLUSIVE RECOGNITION IN A UNIT
 DIFFERENT FROM THE UNIT
 
    PETITIONED FOR, AND WHICH INCLUDES ANY OR ALL OF THE EMPLOYEES IN
 THAT UNIT, MUST FILE A
 
    PETITION . . . WITHIN TEN (10) DAYS AFTER THE DATE OF POSTING OF THE
 NOTICE OF THE INITIAL
 
    PETITION . . . UNLESS GOOD CAUSE IS SHOWN FOR EXTENDING THE PERIOD.
 
    SIMILARLY, REQUESTS TO INTERVENE MUST BE MADE WITHIN THE 10-DAY
 PERIOD (SECTION 2422.5(C) OF THE AUTHORITY'S REGULATIONS).  UNREFUTED
 INFORMATION SUPPLIED AT THE CONSOLIDATED HEARING INDICATED THAT THE
 AVERAGE MAILING TIME FROM PANAMA TO THE UNITED STATES IS 10 DAYS.
 MOREOVER, IT WAS STATED THAT SOME PARTIES ENCOUNTERED DIFFICULTIES IN
 OBTAINING COPIES OF THE AUTHORITY'S REGULATIONS AND, HENCE, ASCERTAINING
 THE REQUIREMENTS NECESSARY TO PARTICIPATE IN THE REPRESENTATIONAL
 PROCESS.  IN THE AUTHORITY'S VIEW THE GEOGRAPHICAL DISTANCES INVOLVED
 AND THE FACT THAT AN ENTIRELY NEW PROGRAM OF LABOR-MANAGEMENT RELATIONS
 WAS REPLACING A LONG-ESTABLISHED ONE CONSTITUTE EXTRAORDINARY
 CIRCUMSTANCES AND WARRANT WAIVER OF THE TIME LIMITS REFERRED TO ABOVE AS
 PERMITTED PURSUANT TO SECTION 2429.23(B) OF THE AUTHORITY'S REGULATIONS.
  /4/
 
                               INTERVENTION
 
    AS INDICATED EARLIER HEREIN, IN SEVERAL OF THE PETITIONS, VARIOUS
 LABOR ORGANIZATIONS HAVE SOUGHT TO INTERVENE.  SOME SOUGHT INTERVENTION
 BASED ON SUBMISSION OF SHOWING OF INTEREST AND SOME EXPRESSED, AT THE
 HEARING, A DESIRE TO INTERVENE BASED ON SUCH GROUNDS AS THEIR
 REPRESENTATION OF EMPLOYEES IN THE PREDECESSOR ORGANIZATIONS OF THE
 COMMISSION.
 
    THE LEGISLATIVE HISTORY OF THE PANAMA CANAL ACT REVEALS A NUMBER OF
 EXPRESSIONS OF SENTIMENT ON THE PART OF THE CONGRESS THAT DISRUPTIONS
 DURING THE TRANSITION PERIOD RELATING TO THE TRANSFER OF CONTROL OF THE
 CANAL ZONE FROM THE UNITED STATES TO THE REPUBLIC OF PANAMA BE
 MINIMIZED.  IT ALSO APPEARS THAT A MAJOR CONCERN OF THE CONGRESS WAS
 THAT THE INTERESTS OF THE EMPLOYEES INVOLVED BE ADEQUATELY PROTECTED.
 MORE SPECIFICALLY, THE SENATE COMMITTEE ON ARMED SERVICES IN ITS REPORT
 ON THE LEGISLATION WHICH ULTIMATELY BECAME THE PANAMA CANAL ACT STATED:
 
    THIRD, IN ARRIVING AT ITS RECOMMENDED VERSION OF THE IMPLEMENTING
 LEGISLATION, THE
 
    COMMITTEE WAS VERY CONCERNED ABOUT THE WELFARE AND SECURITY OF UNITED
 STATES CITIZENS AND
 
    OTHER PERSONS WORKING FOR THE COMPANY AND THE DEPARTMENT OF DEFENSE
 IN PANAMA.  . . . (T)HE
 
    DISRUPTION IN THEIR WORKING ENVIRONMENT AND EMPLOYMENT CONDITIONS
 INEVITABLY INCIDENT TO THE
 
    TRANSFER OF CONTROL OVER THE CANAL ZONE TO PANAMA SHOULD BE KEPT TO A
 
    MINIMUM.  (S. REP. NO. 255, 96TH CONG., 1ST SESS. 3(1979).)
 
    SIMILARLY, THE HOUSE COMMITTEE ON POST OFFICE AND CIVIL SERVICE
 STATED:
 
    THE ABOLISHMENT OF THE COMPANY AND THE ZONE GOVERNMENT AND THE
 CREATION OF THE PANAMA CANAL
 
    COMMISSION WILL HAVE A DRAMATIC EFFECT ON EMPLOYEES, BOTH UNITED
 STATES CITIZENS AND FOREIGN
 
    NATIONALS, OF THE COMPANY, THE ZONE GOVERNMENT, AND OTHER UNITED
 STATES AGENCIES CONDUCTING
 
    OPERATIONS IN THE REPUBLIC OF PANAMA.  THE COMMITTEE AMENDMENT TO
 TITLE III OF THE
 
    IMPLEMENTING LEGISLATION . . . IS DESIGNED TO EASE THIS TRANSITION
 FOR THESE INDIVIDUALS
 
    . . . .  (H.R. REP. NO. 94, PART III, 96TH CONG., 1ST SESS. 24
 (1979).)
 
    IN KEEPING WITH THE EXPRESSED DESIRE OF CONGRESS THAT DISRUPTION OF
 THE WORK ENVIRONMENT AND WORKING CONDITIONS OF EMPLOYEES OF THE
 COMMISSION BE KEPT TO A MINIMUM, THE AUTHORITY FINDS THAT THOSE LABOR
 ORGANIZATIONS WHICH HELD RECOGNITION FOR EMPLOYEES OF THE PANAMA CANAL
 COMPANY AND CANAL ZONE GOVERNMENT, AND WHICH HAVE EXPRESSED AN INTEREST
 IN PARTICIPATING IN THE VARIOUS REPRESENTATION PROCEEDINGS INVOLVING
 THOSE EMPLOYEES, SHOULD BE ALLOWED TO INTERVENE IN THE RELEVANT
 PETITIONS.  AS SET FORTH LATER HEREIN, SUCH REQUESTS TO INTERVENE ARE
 HEREBY GRANTED.
 
         FINDINGS AND CONCLUSIONS ON APPROPRIATENESS OF UNITS CASE
 
                         NOS. 6-RO-39 AND 6-RO-55
 
    AS NOTED EARLIER, SOME OF THE UNIONS WHO ARE PARTIES TO THIS
 PROCEEDING SEEK TO REPRESENT A COMMISSION-WIDE UNIT.  IT IS THE MISSION
 AND FUNCTION OF THE COMMISSION TO MAINTAIN AND OPERATE THE PANAMA CANAL.
  (PRIOR TO THE ESTABLISHMENT OF THE COMMISSION THOSE FUNCTIONS HAD BEEN
 CARRIED OUT BY THE PANAMA CANAL COMPANY AND THE CANAL ZONE GOVERNMENT.)
 THE COMMISSION ACCOMPLISHES THIS MISSION THROUGH A SUPERVISORY BOARD
 CONSISTING OF NINE MEMBERS.  THE CHIEF EXECUTIVE OFFICER OF THE
 COMMISSION IS THE ADMINISTRATOR WHO EXERCISES GENERAL AND ACTIVE CONTROL
 OVER THE COMMISSION'S OFFICES, BUSINESS AND OPERATIONS AND GENERAL
 SUPERVISION OVER ITS OFFICIALS, AGENTS AND EMPLOYEES.
 
    WITHIN THE COMMISSION ARE THREE MAJOR OPERATING BUREAUS-- THE MARINE
 BUREAU, THE ENGINEERING AND CONSTRUCTION BUREAU AND THE GENERAL SERVICES
 BUREAU.
 
    THE MISSION AND FUNCTION OF THE MARINE BUREAU RELATE TO THE CONTROL
 OF MARITIME TRAFFIC THROUGH THE CANAL AND ITS TERMINAL PORTS.  THE
 ENGINEERING AND CONSTRUCTION BUREAU IS RESPONSIBLE FOR THE PREPARATION
 OF ARCHITECTURAL AND ENGINEERING DESIGNS, INVESTIGATIONS AND ESTIMATES;
 FOR THE CONSTRUCTION OF FACILITIES;  AND FOR THE MAINTENANCE OF
 FACILITIES AND THE WATERWAY.  THE GENERAL SERVICES BUREAU IS RESPONSIBLE
 FOR PROVIDING SUPPLY, LOGISTICS, PROTECTION AND SUPPORT SERVICES.
 WITHIN THESE BUREAUS ARE VARIOUS NUMBERS OF DIVISIONS WHICH ARE IN TURN
 COMPOSED OF VARYING NUMBERS AND LEVELS OF SUBORDINATE ORGANIZATIONS.
 
    IN ADDITION, THERE ARE SEVERAL STAFF UNITS-- NOTABLY, THE OFFICE OF
 EXECUTIVE PLANNING, THE OFFICE OF THE EXECUTIVE SECRETARY, THE OFFICE OF
 THE GENERAL COUNSEL, THE OFFICE OF PROTOCOL, THE OFFICE OF HEALTH AND
 SAFETY, THE OFFICE OF PUBLIC INFORMATION, THE OFFICE OF PERSONNEL
 ADMINISTRATION, THE OFFICE OF INDUSTRIAL RELATIONS, THE OFFICE OF EQUAL
 OPPORTUNITY, THE OFFICE OF THE CHIEF ENGINEER, THE OFFICE OF OMBUDSMAN,
 THE OFFICE OF CHIEF FINANCIAL OFFICER AND THE OFFICE OF THE SECRETARY.
 
    THE WORK FORCE OF THE COMMISSION IS COMPOSED OF CRAFTSMEN, LABORERS,
 AND EMPLOYEES IN A VARIETY OF PROFESSIONAL, ADMINISTRATIVE, TECHNICAL
 AND CLERICAL CATEGORIES.  THE APPROXIMATELY 8,600 EMPLOYEES OF THE
 COMMISSION ARE SITUATED AT VARIOUS LOCATIONS ALONG THE 50 MILE EXPANSE
 OF THE CANAL, BUT PRIMARILY AT BALBOA ON THE PACIFIC SIDE, COLON AND
 CHRISTOBAL ON THE ATLANTIC SIDE, THE MIRAFLORES LOCKS, THE PEDRO MIGUEL
 LOCKS, THE GATUN LOCKS AND GAMBOA.  THE RECORD INDICATES THAT AT THE
 VARIOUS WORKSITES EMPLOYEES FROM THE VARIOUS BUREAUS OF THE COMMISSION
 WORK IN CLOSE PROXIMITY WITH EACH OTHER.  THERE IS SOME TRANSFER AND
 INTERCHANGE OF EMPLOYEES WITHIN THE COMMISSION;  HOWEVER, THE NATURE AND
 DEGREE OF EMPLOYEE MOVEMENT AMONG THE BUREAUS AND DIVISIONS VARY, AND
 LARGELY DEPEND ON THE SIMILARITY OF THE JOB SKILLS INVOLVED.  EMPLOYEES
 WORK VARIOUS HOURS AND SHIFTS THROUGHOUT THE COMMISSION DEPENDING ON THE
 FUNCTIONAL REQUIREMENTS AND OPERATIONAL NECESSITIES OF THE DIVISION OR
 OFFICE TO WHICH THEY ARE ASSIGNED.
 
    THE COMMISSION'S PAY SYSTEM IS DIVIDED INTO FOUR CATEGORIES:
 NONMANUAL WHICH PARALLELS THE GENERAL SCHEDULE SYSTEM;  MANUAL WHICH
 PARALLELS THE WAGE GRADE SYSTEM;  SPECIAL CATEGORIES WHICH INCLUDE
 GROUPS SUCH AS PILOTS, DREDGE AND TOWBOAT PERSONNEL, FIRE FIGHTERS,
 POLICE, ETC.; AND EXCLUDED CATEGORIES WHICH INCLUDE, FOR EXAMPLE,
 COMMISSION EXECUTIVES.  COMPUTATION OF OVERTIME PAY VARIES WITH THE PAY
 CATEGORY INVOLVED.
 
    IN THE AREA OF FRINGE BENEFITS SOME OF THE BENEFITS ESTABLISHED BY
 UNITED STATES STATUTES (SUCH AS FEDERAL HEALTH BENEFITS) ARE APPLICABLE
 TO THE COMMISSION AND SOME ARE NOT.  ALSO, IN THE AREAS OF CERTAIN TYPES
 OF LEAVE AND RETIREMENT, BENEFITS ARE NOT UNIFORMLY APPLICABLE TO ALL
 COMMISSION EMPLOYEES.
 
    THE COMMISSION CONTINUES TO OPERATE UNDER A CANAL ZONE MERIT SYSTEM
 WHICH EXISTED PRIOR TO THE ESTABLISHMENT OF THE COMMISSION.  THE
 PERSONNEL SYSTEM IS IN THE PROCESS OF BEING REVISED;  HOWEVER, THE ONLY
 REVISIONS WHICH HAD BEEN ACCOMPLISHED AT THE TIME OF THE HEARING WERE
 THOSE IMMEDIATELY REQUIRED FOR COMPLIANCE WITH THE PANAMA CANAL ACT.
 THE PANAMA CANAL PERSONNEL MANUAL IS A SET OF RULES AND REGULATIONS
 WHICH APPLY TO ALL COMMISSION EMPLOYEES WHICH ARE FOLLOWED IN
 ADMINISTERING PERSONNEL MATTERS IN THE COMMISSION.
 
    OVERALL AGENCY RESPONSIBILITY FOR PERSONNEL ADMINISTRATION AND
 MANAGEMENT RESTS WITH THE COMMISSION'S OFFICE OF PERSONNEL
 ADMINISTRATION.  PERSONNEL POLICIES AND PROCEDURES ARE FORMULATED BY
 THIS OFFICE.  ACCORDING TO INFORMATION ELICITED AT THE HEARING, EACH
 BUREAU HAS AN EMPLOYEE RELATIONS OFFICER ASSIGNED TO THE BUREAU
 DIRECTOR'S STAFF.
 
    THE RECORD INDICATES THAT EACH BUREAU ALSO HAS A LABOR RELATIONS
 OFFICER ASSIGNED TO THE BUREAU DIRECTOR'S STAFF.  THE DUTIES OF THE
 LABOR RELATIONS OFFICER WITHIN THE BUREAUS RELATE TO ATTEMPTING
 RESOLUTION OF PROBLEMS THAT MIGHT ARISE WITHIN THE DIVISIONS.
 RESPONSIBILITY FOR OVERSEEING THE LABOR-MANAGEMENT RELATIONS PROGRAM OF
 THE COMMISSION IS LODGED IN THE OFFICE OF INDUSTRIAL RELATIONS-- ONE OF
 THE STAFF UNITS WHICH REPORTS TO THE ADMINISTRATOR.
 
    HISTORICALLY, THOSE ORGANIZATIONS WHICH WERE THE PREDECESSORS OF THE
 COMMISSION WERE EXCLUDED FROM COVERAGE UNDER E.O. 10988 AND E.O. 11491,
 AS AMENDED.  THEY DID, HOWEVER, GRANT LIMITED FORMS OF RECOGNITION TO
 EMPLOYEE UNIONS.  UNDER THESE RECOGNITIONS, NO CONTRACTS WERE NEGOTIATED
 AND DEALINGS WITH THE UNIONS WERE CONSULTATIVE IN NATURE.  NUMEROUS
 GRANTS OF RECOGNITION WERE MADE, SOME OVERLAPPING.  BECAUSE THE LABOR
 RELATIONS SYSTEMS DEVELOPED ALLOWED SUPERVISORS TO BE INCLUDED IN UNITS,
 SOME OF THE RECOGNITIONS GRANTED WERE FOR UNITS WHICH DID, IN FACT,
 INCLUDE SUPERVISORS.
 
    THE AUTHORITY FINDS THAT A UNIT CONSISTING OF ALL EMPLOYEES OF THE
 PANAMA CANAL COMMISSION IS APPROPRIATE.  IN SO FINDING, THE AUTHORITY
 NOTES THAT THE EMPLOYEES INVOLVED ARE ENGAGED IN A COMMON MISSION AND
 FUNCTION AND THAT THE RECORD INDICATES THAT COMMISSION OPERATIONS TEND
 TO BE INTEGRATED AND INVOLVE A BROAD RANGE OF ITS BUREAUS, DIVISIONS AND
 EMPLOYEES.  THEY ARE UNDER THE COMMON OVERALL SUPERVISION OF THE BOARD
 AND THE ADMINISTRATOR.  THEY ARE SUBJECT TO THE SAME PERSONNEL POLICIES
 AND PRACTICES AS SET FORTH IN THE PANAMA CANAL PERSONNEL MANUAL AND ARE
 SERVICED BY A CENTRALIZED PERSONNEL OFFICE WHICH FORMULATES PERSONNEL
 POLICIES AND PROCEDURES FOR THE COMMISSION.  THE LABOR RELATIONS
 FUNCTION IS ALSO LODGED IN A CENTRAL OFFICE, ALTHOUGH MOST MAJOR BUREAUS
 APPARENTLY HAVE A LABOR RELATIONS OFFICER ASSIGNED TO AID IN
 IMPLEMENTING THE PROGRAM IN EACH BUREAU.  ADDITIONALLY, THE GENERAL
 SERVICES BUREAU AND STAFF UNITS, LISTED ABOVE, PROVIDE SUPPORT AND OTHER
 SERVICES TO THE VARIOUS ORGANIZATIONS WITHIN THE COMMISSION.
 
    IN VIEW OF THE FACT THAT, AS INDICATED ABOVE, THE EMPLOYEES OF THE
 VARIOUS BUREAUS WORK IN CLOSE PROXIMITY TO EACH OTHER, AND SHARE
 PERSONNEL POLICIES, PRACTICES, OVERALL SUPERVISION AND SOME FRINGE
 BENEFITS IN COMMON, THE AUTHORITY CONCLUDES THAT A SIMILARITY OF WORKING
 CONDITIONS EXISTS THROUGHOUT THE COMMISSION.  MOREOVER, IT APPEARS THAT
 SOME TRANSFER AND INTERCHANGE AS WELL AS WORK CONTACTS OCCUR AMONG
 EMPLOYEES ASSIGNED TO THE VARIOUS DIVISIONS AND BUREAUS.  BASED ON THE
 FOREGOING CONSIDERATIONS, THE AUTHORITY CONCLUDES THAT THE EMPLOYEES IN
 THE PROPOSED UNIT SHARE A CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST
 AND THAT THE PROPOSED UNIT WILL PROMOTE EFFECTIVE DEALINGS WITH, AND
 EFFICIENCY OF OPERATIONS OF, THE COMMISSION.  (SEE DEPARTMENT OF
 DEFENSE, U.S. MILITARY ENLISTMENT PROCESSING COMMAND, HEADQUARTERS,
 WESTERN SECTOR, OAKLAND ARMY BASE, OAKLAND, CALIFORNIA, 5 FLRA NO.
 1(1981).)
 
                             CASE NO. 6-RO-33
 
    THE UNIT PETITIONED FOR IN CASE NO. 6-RO-33 CONSISTS OF OCCUPATIONAL
 HEALTH NURSES.  THE RECORD REVEALS THAT PRIOR TO THE PANAMA CANAL ACT,
 OCCUPATIONAL HEALTH NURSES WERE ASSIGNED TO THE INDIVIDUAL BUREAUS WHERE
 THEY SERVED.  THERE WERE ALSO NURSES IN THE EMPLOY OF THE PANAMA CANAL
 COMPANY WHO WERE ASSIGNED TO SEVERAL HOSPITALS IN THE CANAL ZONE AREA.
 WITH THE PANAMA CANAL ACT, THE HOSPITALS (AND NURSES ASSIGNED THERETO)
 WERE TRANSFERRED TO THE DEPARTMENT OF DEFENSE.  THE REMAINING
 OCCUPATIONAL HEALTH NURSES WERE CONSOLIDATED INTO THE INDUSTRIAL HEALTH
 DIVISION OF THE OFFICE OF HEALTH AND SAFETY (A STAFF UNIT REPORTING TO
 THE ADMINISTRATOR).  THERE ARE APPROXIMATELY SIX NURSES ASSIGNED TO THIS
 DIVISION.  THEIR DUTY STATIONS ARE THE PRINCIPAL WORKSITES OF THE
 COMMISSION.  USUALLY ONLY ONE NURSE (AND AT MOST TWO) IS ASSIGNED PER
 DUTY STATION.  THE NURSES WORK WITH MINIMAL ON-SITE SUPERVISION.  THEIR
 SUPERVISOR MAY SEE THEM AS FREQUENTLY AS THREE OR FOUR TIMES PER WEEK OR
 AS RARELY AS ONCE A MONTH.  THERE ARE MONTHLY MEETINGS HELD WHICH,
 DEPENDING ON THEIR NATURE, MAY INCLUDE PERSONNEL OTHER THAN NURSES.
 DEPENDING ON THEIR WORKSITES, CONTACTS AMONG NURSES VARY-- THE NURSES ON
 THE ATLANTIC SIDE OF THE CANAL MAY SEE THEIR COUNTERPARTS ON THE PACIFIC
 SIDE NO MORE THAN ONCE A MONTH.  THE NURSES DO, AT TIMES, RELY ON THE
 POLICE AND FIRE FIGHTERS, WHO HAVE BEEN CERTIFIED AS EMERGENCY MEDICAL
 TECHNICIANS, FOR BACKUP.
 
    NURSES ARE RESPONSIBLE FOR AIDING EMPLOYEES WHO ARE INJURED OR BECOME
 ILL ON THE JOB.  THEY ARE ALSO INVOLVED IN HEALTH EDUCATION.  NURSES
 MUST BE GRADUATES OF CERTIFIED SCHOOLS OF NURSING AND BE LICENSED.  THEY
 ARE PAID UNDER THE NONMANUAL SYSTEM.  THEIR HOURS OF WORK COINCIDE WITH
 THE HOURS OF EMPLOYEES AT THE WORKSITE.  WHILE THEIR HOURS ARE SET BY
 THE INDUSTRIAL HEALTH DIVISION, THIS IS COORDINATED WITH THE DIVISION
 SITUATED WHERE THEIR INDUSTRIAL HEALTH STATION IS LOCATED.  MOST NURSES
 WORK A DAY SHIFT BUT IN SOME INSTANCES (USUALLY IN RESPONSE TO NEEDS AT
 A PARTICULAR WORKSITE) THEY MAY BE ASSIGNED TO WORK AROUND-THE-CLOCK
 SHIFTS.
 
    THE AUTHORITY FINDS THAT THE UNIT PROPOSED IN CASE NO. 6-RO-33
 CONSISTING OF OCCUPATIONAL HEALTH NURSES IS NOT APPROPRIATE.  IN THIS
 REGARD THE AUTHORITY NOTES THAT THE OCCUPATIONAL HEALTH NURSES ARE
 DISPERSED GEOGRAPHICALLY AND INTERMINGLED WITH OTHER EMPLOYEES OF THE
 COMMISSION.  THEIR CONTACTS WITH EACH OTHER AND THEIR SUPERVISOR ARE
 RELATIVELY INFREQUENT.  RATHER, THEIR WORK CONTACTS ARE MORE FREQUENT
 WITH COMMISSION EMPLOYEES (OTHER THAN NURSES) WHO ARE MORE CLOSELY
 SITUATED TO THEIR PARTICULAR WORKSITES.  SIMILARLY, THERE IS A GREATER
 DEGREE OF COMMONALITY IN THE AREA OF SOME WORKING CONDITIONS (SUCH AS
 HOURS OF WORK) WITH OTHER COMMISSION EMPLOYEES THAN WITH OTHER NURSES.
 ALTHOUGH THEY ARE CURRENTLY ASSIGNED TO THE SAME DIVISION, THE RECORD
 INDICATES THAT, HISTORICALLY, THE OCCUPATIONAL HEALTH NURSES HAVE HAD A
 GREATER ORGANIZATIONAL IDENTITY WITH EMPLOYEES ASSIGNED TO THE VARIOUS
 OPERATING BUREAUS RATHER THAN WITH OTHER NURSES.  MOREOVER, THEY ARE
 SUBJECT TO THE SAME PERSONNEL POLICIES AND PRACTICES AS OTHER COMMISSION
 EMPLOYEES.  THUS THE AUTHORITY FINDS THAT THE OCCUPATIONAL HEALTH NURSES
 DO NOT SHARE A COMMUNITY OF INTEREST WHICH IS SUFFICIENTLY SEPARATE AND
 DISTINCT FROM OTHER EMPLOYEES OF THE COMMISSION TO JUSTIFY PLACEMENT IN
 A SEPARATE UNIT.  FURTHER, THE AUTHORITY FINDS THAT A UNIT CONSISTING OF
 A GROUP SO SMALL AND GEOGRAPHICALLY DISPERSED WOULD NOT PROMOTE
 EFFECTIVE DEALINGS OR EFFICIENCY OF AGENCY OPERATIONS.  (SEE
 MID-CONTINENT MAPPING CENTER, NATIONAL MAPPING DIVISION, U.S. GEOLOGICAL
 SURVEY, ROLLA, MISSOURI, 4 FLRA NO. 58(1980).)
 
                             CASE NO. 6-RO-36
 
    THE UNIT PETITIONED FOR IN CASE NO. 6-RO-36 CONSISTS OF FIRE
 FIGHTERS.  THE FIRE FIGHTERS ARE ASSIGNED TO THE FIRE DIVISION WHICH IS
 WITHIN THE GENERAL SERVICES BUREAU.  THE FIRE DIVISION IS RESPONSIBLE
 FOR FIRE FIGHTER AND FIRE PROTECTION THROUGHOUT THE COMMISSION AREAS.
 THE PANAMA CANAL TREATY AND ITS IMPLEMENTING AGREEMENTS CALL FOR THE
 EVENTUAL TRANSFER OF FIRE PROTECTION RESOURCES TO THE REPUBLIC OF
 PANAMA.
 
    THE MISSION OF THE FIRE DIVISION INCLUDES STRUCTURAL FIRE FIGHTER,
 FIGHTING BRUSH FIRES, SHIPBOARD FIRE FIGHTER IN THE CANAL WATERS,
 EMERGENCY MEDICAL AMBULANCE SERVICE AND CERTAIN OTHER LIFESAVING DUTIES
 AND RESCUE WORK.  THE FIRE DIVISION IS DIVIDED INTO TWO DISTRICTS-- THE
 ANCON DISTRICT, CONSISTING OF FIVE STATIONS, AND THE CHRISTOBAL
 DISTRICT, CONSISTING OF THREE STATIONS.  EACH DISTRICT IS HEADED BY AN
 ASSISTANT CHIEF.  FIRE HEADQUARTERS IS COMPOSED OF A CHIEF AND AN OFFICE
 STAFF.  THERE IS A DRILL MASTER WITH THE RANK OF CAPTAIN IN CHARGE OF
 ALL TRAINING FOR THE DIVISION.
 
    FIRE FIGHTERS WORK A 72-HOUR WEEK IN 24-HOUR SHIFTS.  THEY ARE THE
 ONLY EMPLOYEES OF THE COMMISSION TO WORK SUCH SHIFTS.  THEIR PAY IS
 BASED ON THE PAY RATE OF FIRE FIGHTERS IN WASHINGTON, D.C.  FIRE
 FIGHTERS ARE REQUIRED TO LIVE IN THE DISTRICT IN WHICH THEY WORK;  THEY
 ARE ELIGIBLE FOR HAZARDOUS DUTY RETIREMENT, AND THEY HAVE ONE OF THE
 HIGHEST RATES OF DISABLING INJURIES IN THE COMMISSION.  NEW FIRE
 FIGHTERS ARE GIVEN A 6-WEEK TRAINING PROGRAM AS WELL AS ON-THE-JOB
 TRAINING.
 
    ALL TOWBOATS ARE EQUIPPED TO SERVE AS FIREBOATS;  HOWEVER, FIRE
 FIGHTERS ARE NOT ASSIGNED TO THE TOWBOATS.  IN THE EVENT OF A VESSEL
 FIRE, FIRE FIGHTERS ARE PUT ON BOARD AND THEY WORK WITH THE OILERS, WHO
 ARE ASSIGNED AS CREW ON THE TOWBOATS, TO OPERATE THE FIRE FIGHTER
 EQUIPMENT.  THE CREWS ON THE TOWBOATS ARE INSTRUCTED IN THE OPERATION OF
 FIRE EQUIPMENT, BUT, WHILE TRAINED TO FIGHT FIRES ON THE TOWBOATS
 THEMSELVES, ARE NOT TRAINED TO DO SO ON OTHER VESSELS.  THE CREWS ALSO
 ASSIST THE FIRE FIGHTERS IN FIGHTING FIRES ALONG THE CANAL BANKS.
 ACCORDING TO TESTIMONY, NO OTHER EMPLOYEES OF THE COMMISSION CAN BE
 EASILY OR READILY INTERCHANGED WITH THE FIRE FIGHTERS.
 
    THE AUTHORITY FINDS THAT THE UNIT PROPOSED IN CASE NO. 6-RO-36
 CONSISTING OF FIRE FIGHTERS IS AN APPROPRIATE UNIT.  (FIRE FIGHTERS MAY
 ALSO BE APPROPRIATELY INCLUDED IN A COMMISSION-WIDE UNIT.) IN SO
 FINDING, THE AUTHORITY TAKES PARTICULAR NOTE OF THE FACT THAT FIRE
 FIGHTERS, WHILE HAVING CERTAIN WORKING CONDITIONS IN COMMON WITH OTHER
 COMMISSION EMPLOYEES, ARE ALSO SUBJECT TO CERTAIN WORKING CONDITIONS
 WHICH ARE UNIQUE TO THEM SUCH AS A 72-HOUR WORKWEEK WITH 24-HOUR TOUR OF
 DUTY.  ALSO, THE AUTHORITY NOTES THAT FIRE FIGHTERS ARE NOT READILY
 INTERCHANGEABLE WITH OTHER COMMISSION EMPLOYEES.  IN VIEW OF THE UNIQUE
 CONCERNS OF FIRE FIGHTERS, THE AUTHORITY FINDS THAT, IN ADDITION TO
 SHARING A COMMUNITY OF INTEREST WITH OTHER COMMISSION EMPLOYEES, THIS
 GROUP OF EMPLOYEES HAS A SEPARATE AND DISTINCT COMMUNITY OF INTEREST.
 ALSO THEIR UNIQUE CONCERNS (SUCH AS THEIR TOUR OF DUTY AND HIGH RATE OF
 INJURY) LEND TO A CONCLUSION THAT SUCH A UNIT WOULD PROMOTE EFFECTIVE
 DEALINGS AND EFFICIENCY OF AGENCY OPERATIONS.  IN THIS REGARD, THE
 AUTHORITY FINDS THAT A UNIT WHICH IS STRUCTURED AROUND THE SPECIAL
 INTERESTS OF AN OCCUPATIONAL OR CRAFT GROUPING OF EMPLOYEES CAN, IN
 CERTAIN CIRCUMSTANCES, PROMOTE EFFECTIVE DEALINGS AND EFFICIENCY OF
 AGENCY OPERATIONS IN THAT IT ALLOWS THE PARTIES TO RESPOND IN A MORE
 MEANINGFUL MANNER TO A FUNCTIONAL GROUP OF EMPLOYEES WHO POSSESS
 CHARACTERISTICS AND CONCERNS WHICH ARE LIMITED TO THAT PARTICULAR GROUP.
 
                             CASE NO. 6-RO-65
 
    THE UNIT PETITIONED FOR IN CASE NO. 6-RO-65 CONSISTS OF EMPLOYEES OF
 THE POLICE DIVISION.  THE POLICE DIVISION IS PART OF THE GENERAL
 SERVICES BUREAU.  IT HAS FOUR COMPONENTS:  POLICE HEADQUARTERS, THE
 BALBOA DISTRICT, THE CHRISTOBAL DISTRICT, AND A CORRECTIONAL UNIT AT
 GAMBOA.  THE POLICY DIVISION IS RESPONSIBLE FOR A FULL RANGE OF POLICE
 FUNCTIONS IN THE AREA BORDERING ON THE CANAL.  ITS JURISDICTION IS
 CONCURRENT WITH THE REPUBLIC OF PANAMA INSOFAR AS ARREST POWERS ARE
 CONCERNED.
 
    THERE ARE ABOUT 300 EMPLOYEES IN THE POLICE DIVISION.  IN ADDITION TO
 THE ENFORCEMENT PERSONNEL THERE ARE ADMINISTRATIVE AND CLERICAL SUPPORT
 STAFF.  THE POLICE ROTATE THROUGH ROUND-THE-CLOCK SHIFTS.  SOME OFFICERS
 ARE ON 24-HOUR CALL AND CARRY PAGERS FOR THIS PURPOSE.  NEW OFFICERS
 HAVE ATTENDED A POLICE TRAINING CENTER AND SOME HAVE ATTENDED THE FBI
 ACADEMY AND THE SOUTHERN POLICE INSTITUTE LOCATED IN KENTUCKY.
 
    THE PAY OF THE POLICY, SIMILAR TO THAT OF THE FIRE FIGHTERS, IS BASED
 ON THE RATES PAID IN WASHINGTON, D.C., AND THEY ARE ELIGIBLE FOR
 HAZARDOUS DUTY RETIREMENT.  AS OTHER COMMISSION EMPLOYEES, THEY ARE
 SUBJECT TO THE PANAMA CANAL PERSONNEL MANUAL;  HOWEVER, THIS IS
 SUPPLEMENTED BY A POLICY MANUAL WHICH SETS FORTH VARIOUS PROCEDURES AND
 POLICIES APPLICABLE TO THE POLICE DIVISION.
 
    THE RECORD INDICATES THAT POLICY AND FIRE FIGHTERS WORK TOGETHER IN
 EVENT OF ACCIDENTS, EMERGENCIES AND CIVIL DISTURBANCES.  IN THE PAST
 SOME TRANSFER HAS OCCURRED BETWEEN THE POLICY DIVISION AND THE CANAL
 PROTECTION DIVISION, WHICH IS CHARGED WITH, AMONG OTHER THINGS,
 PROTECTING (GUARDING) COMMISSION FACILITIES AND EQUIPMENT.
 
    AS TO THE UNIT PETITIONED FOR IN CASE NO. 6-RO-65, THE AUTHORITY ALSO
 FINDS THAT IN ADDITION TO BEING APPROPRIATELY INCLUDED WITH OTHER
 COMMISSION EMPLOYEES, THIS GROUP OF EMPLOYEES RETAINS A SUFFICIENTLY
 SEPARATE IDENTITY AND SPECIAL CONCERNS TO STAND AS A UNIT IN AND OF
 ITSELF.  IN THIS REGARD THE AUTHORITY NOTES THAT THE POLICE ARE, LIKE
 THE FIRE FIGHTERS, SUBJECT TO HAZARDOUS DUTY RETIREMENT.  FURTHER, THE
 AMOUNT OF TRANSFER AND INTERCHANGE OF THESE EMPLOYEES WITH OTHER GROUPS
 OF COMMISSION EMPLOYEES IS LIMITED AND THEY ARE SUBJECT TO PROCEDURES
 AND POLICIES IN ADDITION TO THOSE SET FORTH IN THE PANAMA CANAL
 PERSONNEL MANUAL AS CONTAINED IN THE POLICY DIVISION PERSONNEL MANUAL.
 IN VIEW OF THESE UNIQUE PERSONNEL POLICIES AND CIRCUMSTANCES THE
 AUTHORITY FINDS THAT THE EMPLOYEES OF THE POLICY DIVISION SHARE A
 COMMUNITY OF INTEREST WHICH WARRANTS PLACEMENT IN A SEPARATE UNIT AS
 WELL AS INCLUSION IN A COMMISSION-WIDE UNIT.  ALSO THE EXISTENCE OF
 THEIR UNIQUE CONCERNS WOULD TEND TO PROMOTE EFFECTIVE DEALINGS AND
 EFFICIENCY OF AGENCY OPERATIONS AS A RESULT OF THE ESTABLISHMENT OF SUCH
 A UNIT, AS WE NOTED WITH RESPECT TO 6-RO-36.
 
                             CASE NO. 6-RO-69
 
    THE UNIT PETITIONED FOR IN CASE NO. 6-RO-69 CONSISTS OF MARINE
 ENGINEERS.  MARINE ENGINEERS ARE ASSIGNED TO THE DREDGING DIVISION OF
 THE ENGINEERING AND CONSTRUCTION BUREAU AND TO THE MARINE BUREAU.  THEY
 ARE RESPONSIBLE FOR OVERSEEING THE ACTUAL OPERATIONS OF THE ENGINE ROOM
 ON DREDGES, TUGBOATS AND TOWBOATS.  IN THIS CAPACITY THEY DIRECT OTHER
 EMPLOYEES, SUCH AS ELECTRICIANS, MECHANICS AND OILERS, WHO ACTUALLY DO
 THE "HANDS ON" WORK IN THE ADJUSTMENT OF EQUIPMENT AND ACTUAL OPERATION
 OF THE ENGINE ROOMS.  BY REGULATION A LICENSED MARINE ENGINEER MUST BE
 ON DUTY WHEN DREDGES, TOWBOATS AND TUGBOATS ARE IN OPERATION AND SUCH
 OPERATIONS ARE CONDUCTED ON A 24-HOUR BASIS.
 
    AS INDICATED, MARINE ENGINEERS ARE LICENSED.  THEY MAY OBTAIN
 REQUISITE TRAINING BY TWO ROUTES, EITHER BY ATTENDING A 4-YEAR PROGRAM
 AT A RECOGNIZED MARITIME ACADEMY OR BY SERVING AN APPRENTICESHIP WHICH
 INVOLVES 3 YEARS AS AN APPRENTICE AND ONE AS A TRAINEE.  UPON COMPLETION
 OF SUCH TRAINING AND STANDING AN ESTABLISHED NUMBER OF WATCHES, AN
 ENGINEER IS THEN ELIGIBLE FOR LICENSING AS AN ASSISTANT ENGINEER AND,
 ULTIMATELY, AS A CHIEF ENGINEER.
 
    INTERCHANGE AND TRANSFER INVOLVING ENGINEERS IS APPARENTLY LIMITED TO
 MARINE ENGINEER POSITIONS LOCATED IN THE MARINE BUREAU AND THE
 ENGINEERING AND CONSTRUCTION BUREAU.  MARINE ENGINEERS ARE SUBJECT TO
 THE PANAMA CANAL PERSONNEL MANUAL.  THEIR PAY BASE IS DEVELOPED FROM AN
 AVERAGE OF CORPS OF ENGINEERS WAGE AREAS SCATTERED THROUGHOUT THE U.S.
 
    THE AUTHORITY FINDS THAT A GROUPING CONSISTING OF MARINE ENGINEERS
 AND TRAINEES FOR THOSE POSITIONS IS, IN ADDITION TO BEING APPROPRIATE
 FOR INCLUSION IN A COMMISSION-WIDE UNIT, APPROPRIATE FOR RECOGNITION AS
 A SEPARATE UNIT.  AGAIN, WHILE MARINE ENGINEERS ENJOY A COMMONALITY WITH
 OTHER COMMISSION EMPLOYEES, THEY ALSO ENJOY SOME FEATURES WHICH ARE
 UNIQUE UNTO THEMSELVES.  IN THIS REGARD THE RECORD INDICATES THAT
 TRANSFER AND INTERCHANGE INVOLVING THIS GROUP IS LIMITED TO MARINE
 ENGINEERS.  MARINE ENGINEERS ARE REQUIRED TO HAVE SKILLS AND TRAINING
 UNIQUE TO THEIR PROFESSION.  THE AUTHORITY NOTES THE FACT THAT MARINE
 ENGINEERS IN BOTH THE PRIVATE AND FEDERAL SECTORS, HISTORICALLY, HAVE
 BEEN REPRESENTED IN UNITS LIMITED TO MARINE ENGINEERS.  WHILE THE UNITS
 WHICH EXISTED UNDER THE PANAMA CANAL COMPANY WERE LIMITED IN PURPOSE,
 THE AUTHORITY VIEWS THEIR EXISTENCE AS INDICATION THAT SUCH UNITS HAVE,
 IN FACT, BEEN FUNCTIONAL WITHIN AN ORGANIZATIONAL CONTEXT WHICH IS
 SIMILAR TO THE COMMISSION.  IN VIEW OF THIS HISTORICAL TREATMENT OF
 MARINE ENGINEERS AND IN VIEW OF THEIR ABOVE-MENTIONED UNIQUE
 CHARACTERISTICS, THE AUTHORITY CONCLUDES THAT THEY HAVE AN IDENTIFIABLE
 COMMUNITY OF INTEREST AND THAT SUCH A UNIT WOULD PROMOTE EFFECTIVE
 DEALINGS AND EFFICIENCY OF AGENCY OPERATIONS.  IN THIS LATTER REGARD THE
 AUTHORITY HAS WEIGHED THE MERITS OF A MORE COMPREHENSIVE UNIT STRUCTURE
 REFLECTING THE ADMINISTRATIVE CONFIGURATION OF THE AGENCY AGAINST THE
 MERITS OF A UNIT WHICH IS STRUCTURED AROUND THE SPECIAL OR UNIQUE
 INTERESTS OF AN OCCUPATIONAL OR CRAFT GROUPING OF EMPLOYEES AND HAS
 CONCLUDED THAT IN CERTAIN CIRCUMSTANCES BOTH ELEMENTS LEND TO EFFECTIVE
 DEALINGS AND EFFICIENCY OF AGENCY OPERATIONS.  THUS WHILE THE FORMER
 STRUCTURE MAY ALLOW AN ACTIVITY AND UNION TO OPERATE IN A BROADER AND
 MORE CENTRALIZED FASHION, THE LATTER STRUCTURE ALLOWS THEM TO RESPOND IN
 A MORE MEANINGFUL MANNER TO A FUNCTIONAL GROUP OF EMPLOYEES WHO POSSESS
 CHARACTERISTICS AND CONCERNS WHICH ARE NOT NECESSARILY COMMON TO OTHERS.
 
    THE AUTHORITY HAS TAKEN OFFICIAL NOTICE OF THE EXISTENCE, IN BOTH THE
 FEDERAL AND PRIVATE SECTORS, OF CASES IN WHICH CERTAIN LICENSED MARINE
 ENGINEERS HAVE BEEN FOUND TO BE SUPERVISORS AND HAVE BEEN PLACED IN
 UNITS CONSISTING SOLELY OF SUPERVISORS.  /5/
 
    THE AUTHORITY NOTES THAT THE PRACTICAL EFFECT OF THE PETITIONS FILED
 IN CASE NOS. 6-RO-39, 6-RO-55 AND 6-RO-69 WOULD BE TO INCLUDE
 SUPERVISORY MARINE ENGINEERS IN UNITS WITH NON-SUPERVISORS.
 SPECIFICALLY, WHILE THE PARTIES HAVE STIPULATED THAT CHIEF ENGINEERS ARE
 SUPERVISORS WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, THEY HAVE, VIA THE SAME
 STIPULATION, INDICATED THAT ASSISTANT ENGINEERS, ENGINEER TRAINEES AND
 APPRENTICES ARE NOT CONSIDERED TO BE SUPERVISORS.  THUS, THE AUTHORITY
 CONSIDERS THE THREE PETITIONS AS SEEKING TO INCLUDE SUPERVISORS AND
 NON-SUPERVISORS IN THE SAME UNITS.  IN THE AUTHORITY'S VIEW THE QUESTION
 OF THE EXTENT TO WHICH THIS IS PERMISSIBLE IS GOVERNED BY SECTION
 1271(A)(2) OF THE PANAMA CANAL ACT (SEE NOTE 3, SUPRA).  THE AUTHORITY
 FINDS THAT THAT PORTION OF THE PANAMA CANAL ACT PERMITS THE INCLUSION OF
 SUPERVISORS IN UNITS OF RECOGNITION IN INSTANCES WHERE SUCH POSITION (OR
 TYPE OF POSITION) WAS, PRIOR TO OCTOBER 1, 1979, INCLUDED IN A UNIT OF
 RECOGNITION WHICH EXISTED WITHIN THE PANAMA CANAL COMPANY AND WHERE THE
 LABOR ORGANIZATION HOLDING SUCH RECOGNITION ALSO REPRESENTED
 NON-SUPERVISORS.  IN ARRIVING AT THIS CONCLUSION THE AUTHORITY IS
 MINDFUL OF A STATEMENT MADE DURING DISCUSSION ON THE FLOOR OF THE HOUSE
 OF REPRESENTATIVES REGARDING A PROVISION IN H.R. 111 WHICH WAS IDENTICAL
 TO THAT WHICH APPEARS AS SECTION 1271(A)(2) OF THE PANAMA CANAL ACT.
 DURING THE EXCHANGE, REPRESENTATIVE SCHROEDER STATED AS FOLLOWS:
 
    MY INTEREST IS IN ASSURING THAT THE PRESENT, STABLE LABOR-MANAGEMENT
 RELATIONS IN PANAMA
 
    ARE NOT DISTURBED.  TO THAT END, THE COMMITTEE ADDED LANGUAGE TO MAKE
 IT CLEAR THAT CURRENT
 
    BARGAINING UNITS EVEN IF MADE UP, IN WHOLE OR PART, OF SUPERVISORS
 WILL NOT BE
 
    DISTURBED.  (125 CONG.REC. H3519 (DAILY ED. MAY 21, 1979).)
 
    THE RECORD INDICATES THAT PRIOR TO OCTOBER 1, 1979, MARINE ENGINEERS
 WERE REPRESENTED IN THREE UNITS.  TWO UNITS CONSISTED OF "MARINE
 ENGINEERS COMPENSATED ON THE FLOATING EQUIPMENT GROUP WAGE SCHEDULE"
 AND
 THE THIRD CONSISTED OF APPRENTICE ENGINEERS.  ALL THESE UNITS WERE
 REPRESENTED BY MEBA.  BASED ON THE EVIDENCE IN THE RECORD (INCLUDING THE
 PARTIES' STIPULATION AS TO SUPERVISORY STATUS) IT APPEARS THAT THE FIRST
 TWO UNITS WERE "MIXED" UNITS (CONSISTING OF SUPERVISORS AND
 NON-SUPERVISORS) AND THE THIRD WAS A NON-SUPERVISORY UNIT.  THEREFORE,
 THE AUTHORITY CONCLUDES THAT THOSE SUPERVISORY MARINE ENGINEERS WHOSE
 POSITIONS OR TYPES OF POSITIONS WERE INCLUDED IN ANY OF THOSE UNITS ARE
 ELIGIBLE FOR INCLUSION IN UNITS WITH NON-SUPERVISORS AT THIS POINT IN
 TIME.
 
                       CASE NOS. 6-RO-34 AND 6-RO-66
 
    IN VIEW OF THE AUTHORITY'S FINDINGS WITH RESPECT TO THE
 APPROPRIATENESS OF A COMMISSION-WIDE UNIT, AND THE PETITIONERS' STATED
 POSITIONS THAT THE PETITIONED FOR UNITS ARE SOUGHT ONLY AS AN
 ALTERNATIVE TO A COMMISSION-WIDE UNIT, THE AUTHORITY MAKES NO FINDINGS
 WITH RESPECT TO THE APPROPRIATENESS OF THE UNITS DESCRIBED IN CASE NOS.
 6-RO-34 AND 6-RO-66.
 
                           ELIGIBILITY QUESTIONS
 
    THE PARTIES STIPULATED ON THE RECORD AND THE AUTHORITY FINDS THAT
 CERTAIN GROUPS OF EMPLOYEES SHOULD BE EXCLUDED FROM ANY UNIT(S) FOUND
 APPROPRIATE.  THEY ARE:  THE CREW OF THE S.S. CHRISTOBAL, COMMISSION
 EMPLOYEES WHOSE POST OF DUTY IS NEW ORLEANS, LOUISIANA, AND THE MEMBERS
 OF THE PANAMA CANAL AREA PERSONNEL BOARD.  THE RECORD SHOWS THAT CANAL
 PILOTS ARE REPRESENTED IN AN EXISTING UNIT OF RECOGNITION.  (A
 CERTIFICATION OF REPRESENTATIVE WAS ISSUED ON MARCH 25, 1980, TO THE
 INTERNATIONAL ORGANIZATION OF MASTERS, MATES AND PILOTS FOR A UNIT OF
 ALL PANAMA CANAL PILOTS.)
 
    SEVERAL QUESTIONS CONCERNING THE STATUS AND ELIGIBILITY OF VARIOUS
 CATEGORIES AND CLASSIFICATIONS WERE LITIGATED.  /6/ SPECIFICALLY, IN
 TERMS OF CLASSIFICATIONS, THE PARTIES WERE IN DISPUTE AS TO WHETHER THE
 FOLLOWING WERE MANAGEMENT OFFICIALS WITHIN THE MEANING OF SECTION
 7103(A)(11) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE
 /7/ AND THUS EXCLUDED IN ACCORDANCE WITH SECTION 7112(B) OF THAT
 STATUTE:  /8/ BUDGET OFFICER (NM-12), MARINE BUREAU;  VESSEL MANAGER
 (FE-17), MARINE BUREAU;  PORT ENGINEER (FE-17), MARINE BUREAU;  MARINE
 MAINTENANCE SUPERINTENDENT, CONSTRUCTION AND ENGINEERING BUREAU;  AND
 THE CHIEF, PURCHASING AND CONTRACTS BRANCH, GENERAL SERVICES BUREAU.
 THE RECORD WHICH WAS ESTABLISHED WITH RESPECT TO THESE POSITIONS DOES
 NOT CONTAIN SUFFICIENT FACTS REGARDING THE NATURE AND SCOPE OF THE
 INCUMBENTS' ROLES AND/OR INFLUENCE WITH RESPECT TO THE FORMULATION AND
 DETERMINATION OF THE COMMISSION'S POLICIES FOR THE AUTHORITY TO MAKE A
 DETERMINATION AS TO THEIR STATUS.  HOWEVER, IN VIEW OF THE FACT THAT
 THESE POSITIONS INVOLVE ONLY ABOUT SEVEN INCUMBENTS, THE AUTHORITY VIEWS
 RESOLUTION OF THE ISSUES AT THIS POINT AS NOT ESSENTIAL TO THE LIKELY
 CONCLUSION OF THE ELECTIVE PROCESS.  IT IS NOTED THAT THE AUTHORITY'S
 ELECTION PROCESS ALLOWS A CHALLENGE TO ANY BALLOT CAST.  (SEE SECTION
 2422.18 OF THE AUTHORITY'S RULES AND REGULATIONS.) /9/ FURTHER, ANY
 QUESTION REMAINING AFTER CERTIFICATION OF ANY UNIT MAY BE RESOLVED BY
 THE PARTIES THROUGH THE FILING OF A CLARIFICATION OF UNIT PETITION.
 (SEE SECTION 2422.1(D) OF THE AUTHORITY'S RULES AND REGULATIONS.) /10/
 
    THE PARTIES RAISED QUESTIONS AS TO THE STATUS OF THE FOLLOWING
 CATEGORIES OF EMPLOYEES WITH RESPECT TO INCLUSION IN THE UNIT:
 TEMPORARY EMPLOYEES, WAE'S (WHEN ACTUALLY EMPLOYED)-- PERMANENT AND
 TEMPORARY, STUDENT ASSISTANTS, LOAN LABOR AND REEMPLOYED ANNUITANTS.
 
                TEMPORARY EMPLOYEES AND STUDENT ASSISTANTS
 
    THE RECORD REVEALS THAT THERE ARE APPROXIMATELY 200 TO 400 TEMPORARY
 EMPLOYEES ON THE ROLES OF THE COMMISSION AT ANY ONE TIME.  AT THE
 HEARING THE PARTIES EXPRESSED A POSITION THAT THOSE TEMPORARIES SERVING
 ON APPOINTMENTS OF SHORT DURATION (90 DAYS OR 700 HOURS OR LESS) SHOULD
 BE EXCLUDED.  IN VIEW OF THE APPARENT UNANIMITY OF THIS VIEW, THE
 AUTHORITY ACCEPTS THE POSITION OF THE PARTIES AND FINDS THAT SUCH
 TEMPORARIES SHOULD BE EXCLUDED.  SIMILARLY, THE RECORD REVEALS THAT THE
 PARTIES INVOLVED DESIRED THAT STUDENT ASSISTANTS BE EXCLUDED FROM ANY
 UNITS AND THE AUTHORITY CONCURS.
 
                                LOAN LABOR
 
    WITH RESPECT TO LOAN LABOR, THE RECORD INDICATES THAT SUCH LOANS
 OCCUR BETWEEN THE COMMISSION AND THE REPUBLIC OF PANAMA.  THOSE
 EMPLOYEES WHO ARE ON LOAN FROM THE COMMISSION TO PANAMA ARE TREATED AS
 PERMANENT EMPLOYEES OF THE COMMISSION AND ARE SUBJECT TO THE PERSONNEL
 POLICIES AND ADMINISTRATIVE PROCEDURES OF THE COMMISSION.  ACCORDINGLY,
 THE AUTHORITY FINDS THAT SUCH INDIVIDUALS WHO ARE TECHNICALLY EMPLOYEES
 OF THE COMMISSION SHOULD BE INCLUDED IN RELEVANT UNITS.
 
                           REEMPLOYED ANNUITANTS
 
    THE RECORD INDICATES THAT REEMPLOYED ANNUITANTS ARE FORMER EMPLOYEES
 USUALLY HIRED FOR THE PURPOSE OF COMPLETING A GIVEN JOB OR TRAINING
 SOMEONE FOR A PARTICULAR JOB.  HOWEVER, THE RECORD IS UNCLEAR AS TO
 WHETHER THEY SERVE ON APPOINTMENTS OF SPECIFIC DURATION (I.E.,
 APPOINTMENTS WITH A "NOT-TO-EXCEED" TIME LIMITATION).  RATHER THE RECORD
 INDICATES THAT THEY ARE APPOINTED FOR PERIODS OF TIME, RANGING FROM
 THREE MONTHS TO ONE YEAR.  INASMUCH AS IT APPEARS THAT SOME REEMPLOYED
 ANNUITANTS MAY SERVE FOR SUBSTANTIAL PERIODS OF TIME WITHOUT A FIXED
 DATE OF TERMINATION, THE AUTHORITY FINDS THAT THEY SHOULD BE INCLUDED IN
 THE UNIT.
 
                      WHEN ACTUALLY EMPLOYED (WAE'S)
 
    WAE'S WORK WITHOUT A FIXED SCHEDULE FROM DAY-TO-DAY AND ARE PAID ONLY
 FOR HOURS WORKED.  THE RECORD INDICATES THAT MOST SERVE ON TEMPORARY
 APPOINTMENTS;  HOWEVER, SOME ARE ON PERMANENT APPOINTMENTS.  WHILE THERE
 ARE SOME DIFFERENCES BETWEEN WAE'S AND FULL-TIME EMPLOYEES, THE
 AUTHORITY DOES NOT FIND THAT THE RECORD ESTABLISHES THAT THESE ARE
 SUFFICIENT TO WARRANT DIFFERENT TREATMENT.  THUS, THE AUTHORITY FINDS
 THAT FULL-TIME WAE'S SHOULD BE INCLUDED IN THE UNIT AND THOSE WAE'S WHO
 ARE SERVING ON APPOINTMENTS OF 90 DAYS OR LESS SHOULD BE EXCLUDED.
 
    AT THE HEARING AND IN THEIR POST-HEARING BRIEF THE COMMISSION
 QUESTIONED WHETHER SUPERVISORS COULD BE INCLUDED IN ANY UNITS FOUND
 APPROPRIATE.  BASED ON THE REASONING STATED WITH RESPECT TO INCLUSION OF
 MARINE ENGINEERS WHO ARE SUPERVISORS, THE AUTHORITY FINDS THAT THOSE
 SUPERVISORS WHOSE POSITIONS (OR TYPES OF POSITIONS) WERE INCLUDED IN
 UNITS OF RECOGNITION PRIOR TO OCTOBER 1, 1979, WHERE THE LABOR
 ORGANIZATION HOLDING SUCH RECOGNITION ALSO REPRESENTED NON-SUPERVISORS,
 ARE ELIGIBLE FOR INCLUSION IN ANY OF THE UNITS FOUND APPROPRIATE.  AS
 THE RECORD DOES NOT ESTABLISH WHICH POSITIONS FALL INTO THIS CATEGORY,
 THE PARTIES MAY UTILIZE THE CHALLENGED BALLOT PROCEDURES IN THE EVENT OF
 ANY DISPUTES WHICH ARE OUTSTANDING AT THE TIME OF THE ELECTION.  SHOULD
 ANY DISPUTES EXIST AFTER COMPLETION OF THE ELECTION PROCESS, THE PARTIES
 HAVE ACCESS TO CLARIFICATION OF UNIT PROCEDURES TO SEEK RESOLUTION OF
 SUCH QUESTIONS.
 
    LASTLY, AT THE HEARING A QUESTION WAS RAISED AS TO WHETHER MARINE
 ENGINEERS ARE PROFESSIONAL EMPLOYEES WITHIN THE MEANING OF SECTION
 7103(A)(15) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE.
 /11/ THE AUTHORITY FINDS THAT, WHILE MARINE ENGINEERS ARE SUBJECT TO
 SPECIFIC LICENSING REQUIREMENTS, THEY ARE NOT PROFESSIONAL EMPLOYEES
 WITHIN THE MEANING OF SECTION 7103(A)(15).  SPECIFICALLY, THE AUTHORITY
 NOTES THAT, WHILE MARINE ENGINEERS MAY OBTAIN REQUISITE TRAINING BY
 ATTENDING A 4-YEAR PROGRAM AT A MARITIME ACADEMY, THEY MAY ALSO FULFILL
 TRAINING REQUIREMENTS BY MEANS OF SERVING AN APPRENTICESHIP.
 ACCORDINGLY, THE AUTHORITY FINDS THAT MARINE ENGINEERS DO NOT SATISFY
 THE CRITERIA ESTABLISHED FOR QUALIFICATION AS A PROFESSIONAL WITHIN THE
 PARTICULAR MEANING OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 STATUTE.
 
                               VOTING GROUPS
 
    BASED ON THE FOREGOING, THE AUTHORITY FINDS THAT THE FOLLOWING
 DESCRIBED UNITS (SET FORTH BELOW AS VOTING GROUPS) CONSIST OF EMPLOYEES
 WHO SHARE A CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST, SEPARATE AND
 DISTINCT FROM OTHER EMPLOYEES, AND THAT SUCH UNITS WILL PROMOTE
 EFFECTIVE DEALINGS AND EFFICIENCY OF AGENCY OPERATIONS AND ARE
 APPROPRIATE FOR THE PURPOSES OF EXCLUSIVE RECOGNITION UNDER THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE AND THE PANAMA CANAL ACT OF
 1979.
 
    VOTING GROUP (A):  ALL PANAMA CANAL COMMISSION FIRE DIVISION FIRE
 FIGHTERS, DRIVER-OPERATORS, SERGEANTS, LIEUTENANTS, AND CAPTAINS
 INCLUDING REEMPLOYED ANNUITANTS AND LOAN LABOR WHO ARE EMPLOYEES OF THE
 COMMISSION, EXCLUDING ALL FIRE DIVISION FIRE CHIEFS;  ASSISTANT CHIEFS;
 CLERICAL STAFF;  PROFESSIONAL EMPLOYEES;  MANAGEMENT OFFICIALS;
 SUPERVISORS WHOSE POSITION (OR TYPE OF POSITION) WAS NOT, BEFORE OCTOBER
 1, 1979, REPRESENTED BEFORE THE PANAMA CANAL COMPANY BY A LABOR
 ORGANIZATION THAT INCLUDED EMPLOYEES WHO WERE NOT SUPERVISORS;
 TEMPORARY EMPLOYEES SERVING APPOINTMENTS OF NOT-TO-EXCEED 90 DAYS;
 STUDENT ASSISTANTS;  WAE'S SERVING APPOINTMENTS OF NOT-TO-EXCEED 90
 DAYS;  AND EMPLOYEES DESCRIBED IN 5 U.S.C. 7112(B)(2), (3), (4), (6) AND
 (7).
 
    VOTING GROUP (B):  ALL EMPLOYEES OF THE PANAMA CANAL POLICE DIVISION
 INCLUDING REEMPLOYED ANNUITANTS AND LOAN LABOR WHO ARE EMPLOYEES OF THE
 COMMISSION, EXCLUDING ALL PROFESSIONAL EMPLOYEES;  MANAGEMENT OFFICIALS;
  SUPERVISORS WHOSE POSITION (OR TYPE OF POSITION) WAS NOT, BEFORE
 OCTOBER 1, 1979, REPRESENTED BEFORE THE PANAMA CANAL COMPANY BY A LABOR
 ORGANIZATION THAT INCLUDED EMPLOYEES WHO WERE NOT SUPERVISORS;
 TEMPORARY EMPLOYEES SERVING APPOINTMENTS OF NOT-TO-EXCEED 90 DAYS;
 STUDENT ASSISTANTS;  WAE'S SERVING APPOINTMENTS OF NOT-TO-EXCEED 90
 DAYS;  AND EMPLOYEES DESCRIBED IN 5 U.S.C. 7112(B)(2), (3), (4), (6) AND
 (7).
 
    VOTING GROUP (C):  ALL LICENSED MARINE ENGINEERS AS DEFINED IN 35
 CFR, PART 119, AND THOSE IN AN APPROVED TRAINING PROGRAM LEADING TO SUCH
 LICENSING, INCLUDING REEMPLOYED ANNUITANTS AND LOAN LABOR WHO ARE
 EMPLOYEES OF THE COMMISSION, EXCLUDING ALL PROFESSIONAL EMPLOYEES;
 MANAGEMENT OFFICIALS;  SUPERVISORS WHOSE POSITION (OR TYPE OF POSITION)
 WAS NOT, BEFORE OCTOBER 1, 1979, REPRESENTED BEFORE THE PANAMA CANAL
 COMPANY BY A LABOR ORGANIZATION THAT INCLUDED EMPLOYEES WHO WERE NOT
 SUPERVISORS;  TEMPORARY EMPLOYEES SERVING APPOINTMENTS OF NOT-TO-EXCEED
 90 DAYS;  STUDENT ASSISTANTS;  WAE'S SERVING APPOINTMENTS OF
 NOT-TO-EXCEED 90 DAYS;  AND EMPLOYEES DESCRIBED IN 5 U.S.C. 7112(B)(2),
 (3), (4), (6) AND (7).
 
    VOTING GROUP (D):  ALL PROFESSIONAL EMPLOYEES OF THE PANAMA CANAL
 COMMISSION INCLUDING REEMPLOYED ANNUITANTS AND LOAN LABOR WHO ARE
 EMPLOYEES OF THE COMMISSION, EXCLUDING NONPROFESSIONALS;  MANAGEMENT
 OFFICIALS;  SUPERVISORS WHOSE POSITION (OR TYPE OF POSITION) WAS NOT,
 BEFORE OCTOBER 1, 1979, REPRESENTED BEFORE THE PANAMA CANAL COMPANY BY A
 LABOR ORGANIZATION THAT INCLUDED EMPLOYEES WHO WERE NOT SUPERVISORS;
 CANAL PILOTS;  EMPLOYEES ASSIGNED TO THE S.S. CHRISTOBAL;  EMPLOYEES
 WHOSE POST OF DUTY IS NEW ORLEANS, LOUISIANA;  MEMBERS OF THE PANAMA
 CANAL AREA PERSONNEL BOARD;  TEMPORARY EMPLOYEES SERVING APPOINTMENTS OF
 NOT-TO-EXCEED 90 DAYS;  STUDENT ASSISTANTS;  WAE'S SERVING APPOINTMENTS
 OF NOT-TO-EXCEED 90 DAYS;  AND EMPLOYEES DESCRIBED IN 5 U.S.C.
 7112(B)(2), (3), (4), (6) AND (7).
 
    VOTING GROUP (E):  ALL NONPROFESSIONAL EMPLOYEES OF THE PANAMA CANAL
 COMMISSION INCLUDING REEMPLOYED ANNUITANTS AND LOAN LABOR WHO ARE
 EMPLOYEES OF THE COMMISSION, EXCLUDING ALL EMPLOYEES IN VOTING GROUPS
 (A), (B) AND (C);  ALL PROFESSIONAL EMPLOYEES;  MANAGEMENT OFFICIALS;
 SUPERVISORS WHOSE POSITION (OR TYPE OF POSITION) WAS NOT, BEFORE OCTOBER
 1, 1979, REPRESENTED BEFORE THE PANAMA CANAL COMPANY BY A LABOR
 ORGANIZATION THAT INCLUDED EMPLOYEES WHO WERE NOT SUPERVISORS;  CANAL
 PILOTS;  EMPLOYEES ASSIGNED TO THE S.S. CHRISTOBAL;  EMPLOYEES WHOSE
 POST OF DUTY IS NEW ORLEANS, LOUISIANA;  MEMBERS OF THE PANAMA CANAL
 AREA PERSONNEL BOARD;  TEMPORARY EMPLOYEES SERVING APPOINTMENTS OF
 NOT-TO-EXCEED 90 DAYS;  STUDENT ASSISTANTS;  WAE'S SERVING APPOINTMENTS
 OF NOT-TO-EXCEED 90 DAYS;  AND EMPLOYEES DESCRIBED IN 5 U.S.C.
 7112(B)(2), (3), (4), (6) AND (7).
 
    THE EMPLOYEES IN VOTING GROUP (A) WILL BE ASKED IF THEY WISH TO BE
 REPRESENTED FOR THE PURPOSE OF EXCLUSIVE RECOGNITION BY AFGE, AFSCME L.
 900, IAFF, M/MTC OR NONE.  /12/ (AFGE, AFSCME AND M/MTC ALL QUALIFY AS
 INTERVENORS BASED ON THEIR STATUS AS PETITIONERS OR INTERVENORS IN THE
 COMMISSION-WIDE UNITS DESCRIBED IN VOTING GROUPS (D) AND (E).) IF A
 MAJORITY OF VOTES CAST IN THIS VOTING GROUP IS CAST FOR IAFF, THE LABOR
 ORGANIZATION SEEKING TO REPRESENT THIS GROUP IN A SEPARATE UNIT,
 EMPLOYEES WILL BE TAKEN TO HAVE INDICATED THEIR DESIRE TO BE REPRESENTED
 BY THAT ORGANIZATION IN A SEPARATE UNIT AND AN APPROPRIATE CERTIFICATION
 WILL BE ISSUED.  IF A MAJORITY OF VOTES CAST IS NOT CAST FOR IAFF, THE
 BALLOTS OF EMPLOYEES IN VOTING GROUP (A) WILL BE POOLED WITH THOSE IN
 VOTING GROUP (E).
 
    THE EMPLOYEES IN VOTING GROUP (B) WILL BE ASKED IF THEY WISH TO BE
 REPRESENTED FOR PURPOSE OF EXCLUSIVE RECOGNITION BY AFGE L. 14, AFSCME
 L. 900, M/MTC OR NONE.  (AFSCME AND M/MTC QUALIFY AS INTERVENORS BASED
 ON THEIR STATUS AS PETITIONER OR INTERVENOR IN THE COMMISSION-WIDE UNITS
 DESCRIBED IN VOTING GROUPS (D) AND (E).) IF A MAJORITY OF VOTES CAST IN
 THIS VOTING GROUP IS CAST FOR AFGE L. 14, THE LABOR ORGANIZATION SEEKING
 TO REPRESENT THIS GROUP IN A SEPARATE UNIT, EMPLOYEES WILL BE TAKEN TO
 HAVE INDICATED THEIR DESIRE TO BE REPRESENTED BY THAT ORGANIZATION IN A
 SEPARATE UNIT AND AN APPROPRIATE CERTIFICATION WILL BE ISSUED.  IF A
 MAJORITY OF VOTES IS NOT CAST FOR AFGE L. 14, THE BALLOTS OF EMPLOYEES
 IN VOTING GROUP(B) WILL BE POOLED WITH THOSE IN VOTING GROUP (E).
 
    THE EMPLOYEES IN VOTING GROUP (C) WILL BE ASKED IF THEY WISH TO BE
 REPRESENTED FOR PURPOSES OF EXCLUSIVE RECOGNITION BY AFGE, AFSCME L.
 900, M/MTC, MEBA OR NONE.  (AFGE, AFSCME L. 900 AND M/MTC QUALIFY AS
 INTERVENORS BASED ON THEIR STATUS AS PETITIONER OR INTERVENORS IN THE
 COMMISSION-WIDE UNITS DESCRIBED IN VOTING GROUPS (D) AND (E).) IF A
 MAJORITY OF VOTES CAST IN THIS VOTING GROUP IS CAST FOR MEBA, THE LABOR
 ORGANIZATION SEEKING TO REPRESENT THIS GROUP IN A SEPARATE UNIT,
 EMPLOYEES WILL BE TAKEN TO HAVE INDICATED THEIR DESIRE TO BE REPRESENTED
 BY THAT ORGANIZATION IN A SEPARATE UNIT AND AN APPROPRIATE CERTIFICATION
 WILL BE ISSUED.  IF A MAJORITY OF VOTES IS NOT CAST FOR MEBA, THE
 BALLOTS OF EMPLOYEES IN VOTING GROUP (C) WILL BE POOLED WITH THOSE IN
 VOTING GROUP (E).
 
    THE EMPLOYEES IN VOTING GROUP (D) WILL BE ASKED TWO QUESTIONS ON
 THEIR BALLOTS:  (1) WHETHER OR NOT THEY WISH TO BE INCLUDED WITH
 NONPROFESSIONAL EMPLOYEES FOR THE PURPOSE OF EXCLUSIVE RECOGNITION;  AND
 (2) WHETHER THEY WISH TO BE REPRESENTED FOR THE PURPOSE OF EXCLUSIVE
 RECOGNITION BY AFGE, AFSCME L. 900, M/MTC OR NONE.  (THE AUTHORITY FINDS
 THE PETITION FILED BY M/MTC IN CASE NO. 6-RO-55 TO BE A VALID ONE AND,
 HENCE, THAT ORGANIZATION IS VIEWED AS THE PETITIONER WITH RESPECT TO THE
 COMMISSION-WIDE UNITS HEREIN FOUND APPROPRIATE.  ALTHOUGH A SIMILAR
 PETITION FILED BY AFSCME L. 900 IN CASE NO. 6-RO-39 WAS NOT SUPPORTED BY
 AN ADEQUATE SHOWING OF INTEREST AND MUST BE DISMISSED, AFSCME L. 900
 QUALIFIES AS AN INTERVENOR IN THE PETITION FILED IN CASE NO. 6-RO-55 BY
 VIRTUE OF THE SHOWING OF INTEREST SUBMITTED AS WELL AS BY VIRTUE OF ITS
 STANDING AS HAVING HELD RECOGNITION FOR VARIOUS EMPLOYEES THROUGHOUT THE
 PANAMA CANAL COMPANY.  AFGE QUALIFIES AS AN INTERVENOR IN THE PETITION
 FOR A COMMISSION-WIDE UNIT BY VIRTUE OF ITS STATUS AS HAVING HELD
 RECOGNITION FOR VARIOUS EMPLOYEES OF THE PANAMA CANAL COMPANY.) IN THE
 EVENT THAT A MAJORITY OF VALID VOTES ARE CAST IN FAVOR OF INCLUSION WITH
 THE NONPROFESSIONAL EMPLOYEES, THE BALLOTS OF VOTING GROUP (D) WILL BE
 COMBINED WITH THOSE OF VOTING GROUP (E).  HOWEVER, IN THE EVENT THAT A
 MAJORITY OF VALID VOTES IS NOT CAST IN FAVOR OF INCLUSION WITH THE
 NONPROFESSIONAL EMPLOYEES, EMPLOYEES IN VOTING GROUP (D) WILL BE TAKEN
 TO HAVE INDICATED THEIR DESIRE TO BE REPRESENTED IN A SEPARATE UNIT AND
 AN APPROPRIATE CERTIFICATION WILL BE ISSUED.
 
    THE EMPLOYEES IN VOTING GROUP (E) WILL BE ASKED WHETHER THEY WISH TO
 BE REPRESENTED FOR THE PURPOSE OF EXCLUSIVE RECOGNITION BY AFGE, AFSCME
 L. 900, M/MTC OR NONE.
 
    IN THE EVENT THAT THE BALLOTS OF VOTING GROUPS (A), (B), (C), OR (D)
 ARE POOLED WITH THE BALLOTS OF VOTING GROUP (E), THEY ARE TO BE TALLIED
 IN THE FOLLOWING MANNER.  THOSE BALLOTS CAST IN VOTING GROUPS (A) AND
 (C) FOR IAFF AND MEBA, RESPECTIVELY, SHALL BE COUNTED AS PART OF THE
 TOTAL NUMBER OF VALID VOTES CAST, BUT NEITHER FOR NOR AGAINST ANY OF THE
 LABOR ORGANIZATIONS SEEKING TO REPRESENT THE COMMISSION-WIDE UNIT.  ALL
 OTHER VOTES ARE TO BE ACCORDED THEIR FACE VALUES.  THE AUTHORITY FINDS
 THAT, UNDER THE CIRCUMSTANCES, ANY UNIT RESULTING FROM A POOLING OF
 VOTES AS DESCRIBED ABOVE, CONSTITUTES AN APPROPRIATE UNIT FOR THE
 PURPOSE OF EXCLUSIVE RECOGNITION AND AN APPROPRIATE CERTIFICATION IS TO
 BE ISSUED.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE PETITIONS IN CASE NOS. 6-RO-33,
 6-RO-34, 6-RO-39, AND 6-RO-66 BE, AND THEY HEREBY ARE, DISMISSED.
 
                           DIRECTION OF ELECTION
 
    AN ELECTION BY SECRET BALLOT SHALL BE CONDUCTED AMONG THE EMPLOYEES
 IN THE UNITS FOUND TO BE APPROPRIATE AS EARLY AS POSSIBLE, BUT NOT LATER
 THAN 60 DAYS FROM THE DATE BELOW.  THE APPROPRIATE REGIONAL DIRECTOR
 SHALL CONDUCT THE ELECTION, SUBJECT TO THE AUTHORITY'S RULES AND
 REGULATIONS.  ELIGIBLE TO VOTE ARE THOSE IN THE UNIT WHO WERE EMPLOYED
 DURING THE PAYROLL PERIOD IMMEDIATELY PRECEDING THE DATE BELOW,
 INCLUDING EMPLOYEES WHO DID NOT WORK DURING THE PERIOD BECAUSE THEY WERE
 OUT ILL, OR ON VACATION, OR ON FURLOUGH, INCLUDING THOSE IN THE MILITARY
 SERVICE, WHO APPEAR AT THE POLLS.  INELIGIBLE TO VOTE ARE EMPLOYEES WHO
 QUIT OR WERE DISCHARGED FOR CAUSE SINCE THE DESIGNATED PAYROLL PERIOD
 AND HAVE NOT BEEN REHIRED OR REINSTATED BEFORE THE ELECTION DATE.
 
    THOSE ELIGIBLE TO VOTE IN VOTING GROUPS (A), (B), (C), (D), AND (E)
 SHALL VOTE WHETHER THEY WISH TO BE REPRESENTED FOR THE PURPOSE OF
 EXCLUSIVE RECOGNITION BY AFSCME L. 900, M/MTC OR NONE.  IN ADDITION TO
 THOSE OPTIONS, THE EMPLOYEES IN VOTING GROUPS (A), (C), (D), AND (E)
 SHALL VOTE WHETHER THEY WISH TO BE REPRESENTED BY AFGE.  SIMILARLY,
 THOSE EMPLOYEES IN VOTING GROUP (A) SHALL ALSO VOTE WHETHER THEY WISH TO
 BE REPRESENTED BY IAFF AND THOSE IN VOTING GROUP (C) SHALL ALSO VOTE
 WHETHER THEY WISH TO BE REPRESENTED BY MEBA.  THOSE EMPLOYEES IN VOTING
 GROUP (B) SHALL VOTE WHETHER THEY WISH TO BE REPRESENTED BY AFGE L. 14,
 AFSCME L. 900, M/MTC OR NONE.
 
    ISSUED, WASHINGTON, D.C., FEBRUARY 12, 1981
 
                       RONALD W. HAUGHTON, CHAIRMAN
                       HENRY B. FRAZIER III, MEMBER
                       LEON B. APPLEWHAITE, MEMBER
                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ THE AUTHORITY'S DECISION IN THESE CASES IS LIMITED TO THE SPECIAL
 CIRCUMSTANCES WHICH EXIST WITH RESPECT TO THE PANAMA CANAL COMMISSION
 WHICH WAS ESTABLISHED BY THE PANAMA CANAL ACT OF 1979 (93 STAT. 456).
 
    /2/ SEE NOTE 1, SUPRA.
 
    /3/ SECTION 1271 OF THE PANAMA CANAL ACT PROVIDES AS FOLLOWS:
 
    SEC. 1271.  (A) NOTHING IN THIS ACT SHALL BE CONSTRUED TO AFFECT THE
 APPLICABILITY OF
 
    CHAPTER 71 OF TITLE 5, UNITED STATES CODE, RELATING TO
 LABOR-MANAGEMENT AND EMPLOYEE
 
    RELATIONS, WITH RESPECT TO THE COMMISSION OR THE OPERATIONS OF ANY
 OTHER EXECUTIVE AGENCY
 
    CONDUCTED IN THAT AREA OF THE REPUBLIC OF PANAMA WHICH, ON SEPTEMBER
 30, 1979, WAS THE CANAL
 
    ZONE, EXCEPT THAT IN APPLYING THOSE PROVISIONS--
 
    (1) THE DEFINITION OF "EMPLOYEE" SHALL BE APPLIED WITHOUT REGARD TO
 CLAUSE (I) OF SECTION
 
    7103(A)(2) OF SUCH TITLE 5 WHICH RELATES TO NATIONALITY AND
 CITIZENSHIP;  AND
 
    (2) A UNIT SHALL BE CONSIDERED TO BE APPROPRIATE NOTWITHSTANDING THE
 FACT THAT IT INCLUDES
 
    ANY SUPERVISOR IF THAT SUPERVISOR'S POSITION (OR TYPE OF POSITION)
 WAS, BEFORE OCTOBER 1,
 
    1979, REPRESENTED BEFORE THE PANAMA CANAL COMPANY BY A LABOR
 ORGANIZATION THAT INCLUDED
 
    EMPLOYEES WHO WERE NOT SUPERVISORS.
 
    (B) LABOR-MANAGEMENT AND EMPLOYEE RELATIONS OF THE COMMISSION, OTHER
 EXECUTIVE AGENCIES,
 
    AND THE SMITHSONIAN INSTITUTION, THEIR EMPLOYEES, AND ORGANIZATIONS
 OF THOSE EMPLOYEES, IN
 
    CONNECTION WITH OPERATIONS CONDUCTED IN THAT AREA OF THE REPUBLIC OF
 PANAMA WHICH, ON
 
    SEPTEMBER 30, 1979, WAS THE CANAL ZONE, SHALL BE GOVERNED AND
 REGULATED SOLELY BY THE
 
    APPLICABLE LAWS, RULES, AND REGULATIONS OF THE UNITED STATES.
 
    /4/ SECTION 2429.23(B) PROVIDES AS FOLLOWS:
 
    SEC. 2429.23 EXTENSION;  WAIVER
 
   *          *          *          *
 
 
    (B) EXCEPT AS PROVIDED IN PARAGRAPH (D) OF THIS SECTION, THE
 AUTHORITY . . . MAY WAIVE ANY
 
    EXPIRED TIME LIMIT IN THIS SUBCHAPTER IN EXTRAORDINARY CIRCUMSTANCES.
 
    /5/ A SIMILAR QUESTION HAS BEEN RAISED BY MEBA IN ITS POST-HEARING
 BRIEF;  HOWEVER, MEBA FAILED TO RAISE THE ISSUE BEFORE THE HEARING
 OFFICER.  SECTION 2429.5 OF THE AUTHORITY'S RULES AND REGULATION
 PROVIDES THAT:
 
    SEC. 2429.5 MATTERS NOT PREVIOUSLY PRESENTED;  OFFICIAL NOTICE.
 
    THE AUTHORITY WILL NOT CONSIDER EVIDENCE OFFERED BY A PARTY, OR ANY
 ISSUE, WHICH WAS NOT
 
    PRESENTED IN THE PROCEEDINGS BEFORE THE REGIONAL DIRECTOR, HEARING
 OFFICER, ADMINISTRATIVE LAW
 
    JUDGE, OR ARBITRATOR.  THE AUTHORITY MAY, HOWEVER, TAKE OFFICIAL
 NOTICE OR SUCH MATTERS AS
 
    WOULD BE PROPER.
 
    /6/ THE PARTIES STIPULATED THAT THE FOLLOWING CLASSIFICATIONS ARE
 PROFESSIONALS WITHIN THE DEFINITION OF SECTION 7103(A)(15) OF THE
 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (SEE NOTE 7, INFRA):
 NAVAL ARCHITECT, CIVIL AND STRUCTURAL ENGINEER, MAGISTRATE, MEDICAL
 OFFICER, OCCUPATIONAL HEALTH NURSE, ENTOMOLOGIST, VETERINARY MEDICAL
 OFFICER, LAW CLERK, ATTORNEY, ECONOMIST, ENVIRONMENTALIST, INDUSTRIAL
 ENGINEER, ECOLOGIST, ACCOUNTANT, AUDITOR, INDUSTRIAL ENGINEER, GENERAL
 ENGINEER, ARCHITECT, MECHANICAL ENGINEER, ELECTRICAL ENGINEER,
 ELECTRONIC ENGINEER, CIVIL ENGINEER, GEOLOGIST, GEODESIST, HYDROLOGIST,
 METEOROLOGIST, CHEMIST, AGRONOMIST, LIBRARIAN AND SANITARIAN.
 
    /7/ SECTION 7103(A)(11) PROVIDES:
 
    (11) 'MANAGEMENT OFFICIAL' MEANS AN INDIVIDUAL EMPLOYED BY AN AGENCY
 IN A POSITION THE
 
    DUTIES AND RESPONSIBILITIES OF WHICH REQUIRE OR AUTHORIZE THE
 INDIVIDUAL TO FORMULATE,
 
    DETERMINE, OR INFLUENCE THE POLICIES OF THE AGENCY.
 
    /8/ SECTION 7112(B) PROVIDES:
 
    (B) A UNIT SHALL NOT BE DETERMINED TO BE APPROPRIATE UNDER THIS
 SECTION SOLELY ON THE BASIS
 
    OF THE EXTENT TO WHICH EMPLOYEES IN THE PROPOSED UNIT HAVE ORGANIZED,
 NOR SHALL A UNIT BE
 
    DETERMINED TO BE APPROPRIATE IF IT INCLUDES--
 
    (1) EXCEPT AS PROVIDED UNDER SECTION 7135(A)(2) OF THIS TITLE, ANY
 MANAGEMENT OFFICIAL OR
 
    SUPERVISOR.
 
    /9/ SECTION 2422.18 OF THE AUTHORITY'S RULES AND REGULATIONS
 PROVIDES:
 
    SEC. 2422.18 CHALLENGED BALLOTS.
 
    ANY PARTY OR THE REPRESENTATIVE OF THE AUTHORITY MAY CHALLENGE, FOR
 GOOD CAUSE, THE
 
    ELIGIBILITY OF ANY PERSON TO PARTICIPATE IN THE ELECTION.  THE
 BALLOTS OF SUCH CHALLENGED
 
    PERSONS SHALL BE IMPOUNDED.
 
    /10/ SECTION 2422.1(D) OF THE AUTHORITY'S RULES AND REGULATIONS
 PROVIDES:
 
    SEC. 2422.1 WHO MAY FILE PETITIONS.
 
   *          *          *          *
 
 
    (D) A PETITION FOR CLARIFICATION OF AN EXISTING UNIT OR FOR AMENDMENT
 OF RECOGNITION OR
 
    CERTIFICATION MAY BE FILED BY AN ACTIVITY OR AGENCY OR BY A LABOR
 ORGANIZATION WHICH IS
 
    CURRENTLY RECOGNIZED BY THE ACTIVITY OR AGENCY AS AN EXCLUSIVE
 REPRESENTATIVE.
 
    /11/ SECTION 7103(A)(15) PROVIDES AS FOLLOWS:
 
    "(15) 'PROFESSIONAL EMPLOYEE' MEANS--
 
    "(A) AN EMPLOYEE ENGAGED IN THE PERFORMANCE OF WORK--
 
    "(I) REQUIRING KNOWLEDGE OF AN ADVANCED TYPE IN A FIELD OF SCIENCE OR
 LEARNING CUSTOMARILY
 
    ACQUIRED BY A PROLONGED COURSE OF SPECIALIZED INTELLECTUAL
 INSTRUCTION AND STUDY IN AN
 
    INSTITUTION OF HIGHER LEARNING OR A HOSPITAL (AS DISTINGUISH FROM
 KNOWLEDGE ACQUIRED BY A
 
    GENERAL ACADEMIC EDUCATION, OR FROM AN APPRENTICESHIP, OR FROM
 TRAINING IN THE PERFORMANCE OF
 
    ROUTINE MENTAL, MANUAL, MECHANICAL, OR PHYSICAL ACTIVITIES);
 
    (II) REQUIRING THE CONSISTENT EXERCISE OF DISCRETION AND JUDGMENT IN
 ITS PERFORMANCE;
 
    "(III) WHICH IS PREDOMINANTLY INTELLECTUAL AND VARIED IN CHARACTER
 (AS DISTINGUISHED FROM
 
    ROUTINE MENTAL, MANUAL, MECHANICAL, OR PHYSICAL WORK);  AND
 
    "(IV) WHICH IS OF SUCH CHARACTER THAT THE OUTPUT PRODUCED, OR THE
 RESULT ACCOMPLISHED BY
 
    SUCH WORK CANNOT BE STANDARDIZED IN RELATION TO A GIVEN PERIOD OF
 TIME;  OR
 
    "(B) AN EMPLOYEE WHO HAS COMPLETED THE COURSES OF SPECIALIZED
 INTELLECTUAL INSTRUCTION AND
 
    STUDY DESCRIBED IN SUBPARAGRAPH (A)(I) OF THIS PARAGRAPH AND IS
 PERFORMING RELATED WORK UNDER
 
    APPROPRIATE DIRECTION OR GUIDANCE TO QUALIFY THE EMPLOYEE AS
 PROFESSIONAL EMPLOYEE DESCRIBED
 
    IN SUBPARAGRAPH (A) OF THIS PARAGRAPH
 
    /12/ IN CONDUCTION THE ELECTION DIRECTED HEREIN THE REGIONAL DIRECTOR
 SHALL ASCERTAIN HOW THE PARTIES WISH TO HAVE THEIR NAMES APPEAR ON THE
 BALLOTS.