Department of the Army, Headquarters, Army Armament Materiel Readiness Command, Rock Island, Illinois (Activity) and National Federation of Federal Employees, Local 15 (Labor Organization/Petitioner) 



[ v05 p346 ]
05:0346(47)CU
The decision of the Authority follows:


 5 FLRA No. 47
 
 DEPARTMENT OF THE ARMY, HEADQUARTERS, U.S.
 ARMY ARMAMENT MATERIEL READINESS COMMAND
 ROCK ISLAND, ILLINOIS
 Activity
 
 and
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 15
 Labor Organization/Petitioner
 
                                            Case No. 5-CU-12
 
                    DECISION AND ORDER CLARIFYING UNIT
 
    UPON A PETITION DULY FILED UNDER SECTION 7111(B)(2) 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 HEARING OFFICER'S RULINGS MADE AT THE HEARING ARE FREE FROM
 PREJUDICIAL ERROR AND ARE HEREBY AFFIRMED.
 
    UPON THE ENTIRE RECORD IN THE SUBJECT CASE, INCLUDING THE ACTIVITY'S
 BRIEF, THE AUTHORITY FINDS:  THE PETITIONER, NATIONAL FEDERATION OF
 FEDERAL EMPLOYEES, LOCAL 15, SEEKS TO CLARIFY AN EXISTING EXCLUSIVELY
 RECOGNIZED UNIT AT THE ACTIVITY WHICH PRESENTLY CONSISTS OF ALL GENERAL
 SCHEDULE (GS) EMPLOYEES, INCLUDING TEMPORARY EMPLOYEES WITH APPOINTMENTS
 OF MORE THAN 180 DAYS, TO INCLUDE EMPLOYEES IN THE U. S. ARMY CAREER
 INTERN PROGRAM WITH DUTY STATION AT THE ACTIVITY.  THE PETITIONER
 CONTENDS THAT WITH THE ADDITION OF THESE EMPLOYEES, THE UNIT WOULD
 CONTINUE TO BE APPROPRIATE WITHIN THE MEANING OF SECTION 7112(A)(1).
 /1/ THE ACTIVITY CONTENDS THAT SUCH CRITERIA HAVE NOT BEEN MET AND URGES
 THAT THE PETITION BE DISMISSED.
 
    THE ARMY MATERIEL COMMAND CENTRALIZED INTERN PROGRAM WAS BEGUN AT THE
 DEPARTMENT OF THE ARMY, HEADQUARTERS, U.S. ARMY ARMAMENT MATERIEL
 READINESS COMMAND (ARRCOM), IN 1968 AND WAS FULLY IMPLEMENTED IN 1971.
 THE PROGRAM WAS INITIALLY IDENTIFIED AS THE U.S.  ARMY DEVELOPMENT AND
 READINESS COMMAND (DARCOM) CAREER INTERN PROGRAM AND IN JANUARY 1979,
 THROUGH AN ORGANIZATIONAL CHANGE, IT BECAME THE DEPARTMENT OF THE ARMY
 CAREER INTERN PROGRAM.  PRESENTLY, THE INTERN PROGRAM AT ARRCOM IS
 COMPRISED OF APPROXIMATELY 108 INTERNS ASSIGNED TO 9 CAREER PROGRAMS.
 /2/ THE DEPARTMENT OF THE ARMY HAS A TOTAL OF 20 CAREER INTERN PROGRAMS
 AND ARRCOM HAS PARTICIPATED IN AS MANY AS 13 OF THEM AT ONE TIME.
 
    THE INTERNS ARE HIRED BY THE DARCOM FIELD PLACEMENT OFFICES AND ARE
 EMPLOYED AND ASSIGNED TO DUTY STATIONS THROUGHOUT THE COUNTRY BY THE
 U.S. ARMY CIVILIAN TRAINING EDUCATION AND DEVELOPMENT STUDENT DETACHMENT
 OFFICE.  THEY ARE LISTED ON THE STUDENT DETACHMENT'S TABLE OF
 DISTRIBUTION AND ALLOWANCE.  ALL NORMAL FUNDING FOR SALARIES, TRAINING,
 AND TRAVEL IS PROVIDED BY THE U.S. ARMY HARRY DIAMOND LABORATORIES,
 ADELPHI, MARYLAND, WHICH SERVES AS THE FINANCIAL AGENT OF THE STUDENT
 DETACHMENT.  THE TRAINING PROGRAM FOR THE DEPARTMENT OF THE ARMY INTERNS
 IS DEVELOPED AT THE DARCOM LEVEL AND IS APPLIED THROUGHOUT THE ARMY ON A
 NATIONWIDE BASIS.  THE INTERNS ARE REQUIRED TO SIGN A MOBILITY AGREEMENT
 AS A CONDITION OF EMPLOYMENT WHICH OBLIGATES THEM FOR THE DURATION OF
 THE TRAINING PROGRAM TO ACCEPT TEMPORARY ASSIGNMENTS AT VARIOUS
 INSTALLATIONS DURING THAT PERIOD.
 
    THE PROGRAM EXTENDS FOR THREE YEARS.  THE INTERNS GENERALLY SPEND THE
 FIRST TWO YEARS IN PROGRAM OF INSTRUCTION (POI) TRAINING WHICH INCLUDES
 CLASSROOM ATTENDANCE AND ROTATION OF JOB ASSIGNMENTS.  (THERE ARE A FEW
 CAREER PROGRAMS THAT REQUIRE LESS THAN TWO YEARS OF POI TRAINING.)
 DEPENDING UPON THEIR RESPECTIVE AREA OF TRAINING, INTERNS ARE ASSIGNED
 TO APPROPRIATE CAREER COORDINATORS WHO BECOME THEIR OVERALL SUPERVISORS.
  FOR EACH SEGMENT OF TRAINING, THE INTERN IS UNDER A BRANCH OR SECTION
 SUPERVISOR WHO USUALLY ASSIGNS HIM TO A JOURNEYMAN-TRAINER FOR
 ASSISTANCE IN LEARNING THE GENERAL DUTIES OF THE PARTICULAR JOB.  THE
 INTERN NORMALLY SPENDS A SHORT PERIOD OF TIME IN EACH RELATED JOB AREA
 TO GET A GENERAL WORKING KNOWLEDGE OF THE OPERATION.  INTERNS ARE
 CONSIDERED PRIORITY CANDIDATES OVER REGULAR ACTIVITY EMPLOYEES IN REGARD
 TO THE POI TRAINING COURSES, BUT NOT IN THE CASE OF REGULAR COURSES.  IN
 ORDER TO CHANGE SCHEDULED POI TRAINING REQUIREMENTS FOR INTERNS BY MORE
 THAN 25%, LOCAL MANAGEMENT MUST HAVE THE APPROVAL OF DARCOM.  THE
 INTERNS ARE RATED ON A DARCOM FORM 2002, A PERFORMANCE RATING WHICH
 INCLUDES COURSES TAKEN, LEAVE TAKEN, AND NUMBER OF HOURS IN EACH ELEMENT
 OF TRAINING.  THE FORM 2002 IS BASED ON APPRAISALS PREPARED BY THE
 SUPERVISORS UPON COMPLETION OF EACH TRAINING SEGMENT AND SENT TO DARCOM
 EVERY SIX MONTHS.  SUCH APPRAISALS ARE DIFFERENT FROM THOSE OF REGULAR
 EMPLOYEES (FULL PERFORMANCE POSITIONS) AND THE INTERNS ARE NOT EXPECTED
 TO PERFORM AT THE JOURNEYMAN LEVEL.  EACH YEAR, REPRESENTATIVES FROM THE
 DEPARTMENT OF THE ARMY'S STUDENT DETACHMENT OFFICE ALONG WITH A
 REPRESENTATIVE FROM DARCOM TECHNICAL PLACEMENT OFFICE, COME TO THE
 ACTIVITY TO CONDUCT SURVEYS OF THE PROGRAM.  DIRECTIVES FOR INTERNS FROM
 THE DEPARTMENT OF THE ARMY AND DARCOM SUPERSEDE LOCAL REGULATIONS.
 
    AFTER COMPLETING THE INITIAL TRAINING PERIOD, SOMETIMES IN THE SAME
 LOCATION, THE INTERNS USUALLY SPEND THE ENTIRE THIRD YEAR OF TRAINING AT
 THEIR PERMANENT DUTY LOCATION (PDL) AS ADVANCED INTERNS ASSIGNED TO
 THEIR CHOSEN AREA OF SPECIALITY IN ON-THE-JOB TRAINING WORKING WITH
 JOURNEYMEN.  THE THIRD-YEAR INTERNS DO NOT CHANGE POSITIONS OR JOB
 DUTIES.  FOR THE MOST PART, THEIR DUTIES AND RESPONSIBILITIES ARE
 IDENTICAL TO, AND THEY WORK SIDE BY SIDE WITH, UNIT EMPLOYEES, ALTHOUGH
 THE INTERNS DO NOT HAVE JOURNEYMAN GRADES.  PDL DETERMINATIONS ARE
 USUALLY BASED ON NEEDS OF THE VARIOUS POTENTIAL LOCATIONS AND THEIR
 ABILITY TO PROVIDE ADEQUATE ADVANCED TRAINING, AS WELL AS ON THE
 PREFERENCES OF THE INTERNS WITH REGARD TO LOCATION AND CAREER
 SPECIALIZATION.  THE RECORD SHOWS THAT ON ONE OCCASION, THE ACTIVITY
 SOUGHT TO HAVE TWO OF ITS INTERNS REASSIGNED TO THE ACTIVITY, AFTER
 COMPLETION OF THEIR INITIAL TRAINING BECAUSE OF MANPOWER NEEDS AND FOR
 THE CONVENIENCE OF THE INTERNS.  HOWEVER, THE DEPARTMENT OF THE ARMY
 FOUND SUCH A REQUEST TO BE INCONSISTENT WITH THE PROGRAM'S PURPOSE
 REGARDING MOBILITY, AND DENIED THE REQUEST.  AS AN ALTERNATIVE, THE THE
 DEPARTMENT OF THE ARMY SUGGESTED THAT THE INTERNS RESIGN FROM THE
 PROGRAM AND BE HIRED BY THE ACTIVITY AS REGULAR EMPLOYEES.
 
    REDUCTION-IN-FORCE (RIF), OVERTIME AND MERIT PROMOTION REGULATIONS OF
 THE ACTIVITY DO NOT APPLY TO INTERNS BECAUSE THEY ARE DEPARTMENT OF THE
 ARMY EMPLOYEES.  INTERNS MAY UTILIZE THE ARMY'S REGULAR GRIEVANCE
 PROCEDURES UNLESS THE GRIEVANCE INVOLVES CHANGES IN THE POI, IN WHICH
 CASE IT MUST BE HANDLED BY THE DEPARTMENT OF THE ARMY THROUGH DARCOM.
 DISCIPLINARY ACTIONS MUST BE COORDINATED THROUGH DARCOM FOR APPROVAL
 PRIOR TO IMPOSITION AND THE DECISIONS AND SANCTIONS MUST THEN BE
 COORDINATED WITH THE CAREER COORDINATORS.
 
    INTERNS ENTER AT THE GS-5 LEVEL, PROGRESS FROM GS-5 TO GS-7 AFTER A
 YEAR OF SATISFACTORY PERFORMANCE AND FROM GS-7 TO GS-9 AFTER THE SECOND
 YEAR OF SATISFACTORY PERFORMANCE.  PROMOTION PROCEDURES FOR INTERNS ARE
 NOT CONTROLLED BY LOCAL BUDGETARY FACTORS AND INTERNS ARE NOT IN THE
 LOCAL AREA OF CONSIDERATION.
 
    THE PETITIONER WAS CERTIFIED ON MARCH 18, 1975, AS THE EXCLUSIVE
 REPRESENTATIVE OF A NONPROFESSIONAL UNIT OF ALL GENERAL SCHEDULE (GS)
 EMPLOYEES, INCLUDING TEMPORARY EMPLOYEES WITH APPOINTMENTS OF MORE THAN
 180 DAYS, EMPLOYED AT THE ACTIVITY.  THE RECORD INDICATES THAT AT THE
 TIME OF THE REPRESENTATION ELECTION, INTERNS WERE INELIGIBLE TO VOTE
 BECAUSE THEY WERE NOT ON ARRCOM'S REGISTER AND WERE EXCLUDED BY
 AGREEMENT.  AS A RESULT, NO INTERNS VOTED IN THE ELECTION.
 
    IT IS THE PETITIONER'S POSITION THAT THE PROPOSED ADDITION TO THE
 UNIT IS APPROPRIATE, AS THE INTERNS SHARE A CLEAR AND IDENTIFIABLE
 COMMUNITY OF INTEREST WITH THE EMPLOYEES ALREADY IN THE UNIT, AND THEIR
 ADDITION WILL PROMOTE EFFECTIVE DEALINGS AND EFFICIENCY OF OPERATIONS AT
 THE ACTIVITY AS WELL.  IN SUPPORT OF THIS CONTENTION, THE PETITIONER
 NOTES THAT ARRCOM IS DELEGATED THE ADMINISTRATIVE AUTHORITY OVER THE
 INTERNS, INCLUDING THE PROCESSING OF GRIEVANCES;  INTERNS AND ARRCOM
 EMPLOYEES ARE PAID BY THE ROCK ISLAND ARSENAL FINANCE OFFICE;  INTERNS
 ARE ASSIGNED TO ARRCOM VIA PERMANENT CHANGE OF STATION (PCS) MOVE;
 INTERNS AND ARRCOM EMPLOYEES SHARE COMMON DUTIES, TRAINING CLASSES, AND
 SUPERVISION;  INTERNS ARE "ABSORBED" INTO THE ARRCOM WORK FORCE AFTER
 COMPLETION OF TRAINING;  AND ALL DEPARTMENT OF DEFENSE EMPLOYEES
 (INTERNS INCLUDED) HAVE THE SAME RIGHTS WITH RESPECT TO GRIEVANCES.  IN
 SUPPORT OF ITS POSITION, THE PETITIONER RELIES ON THE AUTHORITY'S
 DECISION IN AUTOMATED LOGISTICS MANAGEMENT SYSTEMS ACTIVITY (ALMSA),
 U.S. ARMY MATERIEL DEVELOPMENT AND READINESS COMMAND (DARCOM), ST.
 LOUIS, MISSOURI, FLRA CASE NO. 62-5700(CU), WHEREIN AN ACTING REGIONAL
 DIRECTOR OF THE AUTHORITY CLARIFIED AN EXISTING UNIT BY INCLUDING A
 GROUP OF DARCOM INTERNS.
 
    THE ACTIVITY CONTENDS THAT THE COMMUNITY OF INTEREST BETWEEN INTERNS
 AND EMPLOYEES ALREADY IN THE UNIT IS LACKING BECAUSE WHILE THERE ARE
 SUPERFICIAL CHARACTERISTICS COMMON TO BOTH INTERNS AND ARRCOM EMPLOYEES
 SUCH AS SIMILARITY OF DUTIES, LOCAL TRAINING CLASSES, EQUIPMENT,
 IMMEDIATE SUPERVISION, AND SERVICING CIVILIAN PERSONNEL OFFICE, INTERNS
 AND ARRCOM EMPLOYEES ARE SUBJECT TO DIFFERENT MERIT PROMOTION PLANS, ARE
 IN DISTINCT COMPETITIVE AREAS FOR REDUCTION-IN-FORCE ACTIONS, AND HAVE
 SEPARATE FUNDING ACCOUNTS.  ALSO, IT IS CONTENDED BY THE ACTIVITY THAT
 THE EFFICIENCY OF THE ACTIVITY'S OPERATIONS WOULD BE IMPAIRED BY THE
 ADDITION OF THE INTERNS BY REASON OF THE MOBILITY AGREEMENT THEY ARE
 REQUIRED TO SIGN WHICH CAUSES THE ACTIVITY TO REGARD THEM AS TEMPORARY
 UNTIL COMPLETION OF THE TRAINING PROGRAM AND UNTIL PERMANENT DUTY
 LOCATION ASSIGNMENTS ARE MADE BY DARCOM.  THE ACTIVITY ARGUES FURTHER
 THAT THE INCLUSION OF THE INTERNS IN THE BARGAINING UNIT WOULD NOT
 ENHANCE THE EFFECTIVE DEALINGS OF LABOR-MANAGEMENT RELATIONS BECAUSE
 DECISIONS REGARDING RIFS AND CHANGES IN THE INTERN PROGRAM WOULD HAVE TO
 BE MADE AT A LEVEL AT WHICH THE PETITIONER DOES NOT HAVE RECOGNITION.
 IN ADDITION, IT IS ARGUED THAT LOCAL MANAGEMENT HAS NO AUTHORITY TO
 NEGOTIATE ANY MATTERS PERTAINING TO THE DEPARTMENT OF THE ARMY INTERN
 PROGRAM AND FURTHERMORE THERE IS NO HISTORY OF BARGAINING WHICH INCLUDES
 COVERAGE OF DEPARTMENT OF THE ARMY INTERNS WITH DUTY STATION AT THE
 ACTIVITY.
 
    THE ACTIVITY FURTHER TAKES EXCEPTION TO SOME OF THE PETITIONER'S
 ARGUMENTS FOR ITS POSITION.  THE ASSERTION BY THE PETITIONER THAT ARRCOM
 HAS BEEN DELEGATED ADMINISTRATIVE AUTHORITY OVER THE DEPARTMENT OF THE
 ARMY INTERNS, INCLUDING THE PROCESSING OF GRIEVANCES, IS A "HALF-TRUTH,"
 ACCORDING TO THE ACTIVITY, BECAUSE THE ACTIVITY DOES NOT HAVE COMPLETE
 CONTROL OVER GRIEVANCES INVOLVING THE CAREER PROGRAM.  ALTHOUGH OTHER
 GRIEVANCES ARE ADMINISTERED LOCALLY THROUGH THE REGULAR GRIEVANCE
 PROCEDURE, THE ACTIVITY STATES THAT THE DEPARTMENT OF ARMY REQUIRES THAT
 IT BE APPRISED OF THE SITUATION AND THE DECISION.  IT FURTHER NOTES THAT
 ALTHOUGH THE STATEMENT BY THE PETITIONER THAT INTERNS AND ARRCOM
 EMPLOYEES ARE PAID BY THE FINANCE OFFICE IS TRUE, THE FUNDS FOR THE
 INTERNS ARE PROVIDED BY THE HARRY DIAMOND LABORATORIES AND THIS SERVICE
 IS FOR THE CONVENIENCE OF THE INTERNS.  THE ASSERTION BY THE PETITIONER
 THAT THE INTERNS AND ARRCOM EMPLOYEES HAVE COMMON DUTIES, TRAINING
 CLASSES, AND SUPERVISORS IS ALSO EXPLAINED BY THE ACTIVITY AS NOT
 CRITICAL TO ITS POSITION THAT THE INTERNS CANNOT PROPERLY BE INCLUDED.
 THE ACTIVITY STATES THAT THE PRINCIPAL REASON FOR THE DEPARTMENT OF THE
 ARMY INTERNS' ASSIGNMENT TO ARRCOM IS "TO TRAIN AND NOT TO BE IN A
 PRODUCTIVE CAPACITY TO FURTHER THE MISSION OF THE AGENCY." THE ACTIVITY
 CONTENDS THAT THE INTENT IS FOR THE INTERNS TO LEARN AND DEVELOP THEIR
 ABILITIES, WHEREAS THE DUTY OF THE ARRCOM EMPLOYEES IS TO PRODUCE A
 COMPLETED ITEM.  IT IS ALSO CONTENDED BY THE ACTIVITY THAT INTERNS AND
 ARRCOM EMPLOYEES DO NOT HAVE COMMON SUPERVISION BECAUSE INTERNS OFTEN
 ROTATE THROUGH VARIOUS DEPARTMENTS AND ARE UNDER THE TUTELAGE OF THE
 CAREER MANAGEMENT COORDINATOR.  THE ACTIVITY ASSERTS THAT THE INTERNS
 ARE NOT "ABSORBED" INTO THE ARRCOM WORK FORCE, BUT INSTEAD ARE GENERALLY
 ASSIGNED TO THEIR PDL AT ANOTHER DEPARTMENT OF THE ARMY INSTALLATION
 NEAR THE END OF THEIR SECOND YEAR, CONSISTENT WITH THE MOBILITY
 AGREEMENT.  THE ACTIVITY ALSO ARGUES THAT WHILE THE INTERNS CAN PROCEED
 UNDER THE AGENCY GRIEVANCE PROCEDURE, THEY CANNOT PROCEED UNDER THE
 NEGOTIATED PROCEDURE, BECAUSE THEY ARE NOT PART OF THE BARGAINING UNIT.
 
    FROM THE RECORD, IT IS CLEAR THAT THE FIRST AND SECOND-YEAR INTERNS
 GENERALLY ARE NOT ASSIGNED TO ANY ONE JOB OR TO ANY PERMANENT JOB
 LOCATION AND MAY EVEN BE ASSIGNED TO ONE LOCATION FOR CLASSROOM COURSES
 AND TO ANOTHER FOR A COMBINATION OF COURSEWORK AND JOB TRAINING.  THERE
 IS ALSO EVIDENCE THAT THE JOB TRAINING DURING THIS PERIOD IS VERY
 GENERAL IN SCOPE AND ALLOWS THE INTERNS TO EXPERIENCE A NUMBER OF JOB
 DUTIES AS A RESULT OF ROTATING, WITHOUT NECESSARILY MASTERING ANY
 PARTICULAR POSITION.  IN CONTRAST, UNIT EMPLOYEES ARE ASSIGNED TO
 POSITIONS AT ONE JOB AND GENERALLY ARE NOT TRANSFERRED OR SUBJECT TO
 TRANSFER TO OTHER LOCATIONS.  THUS, DURING THE INITIAL TWO-YEAR PERIOD
 OF INTERNS' EMPLOYMENT PRIOR TO THE PERMANENT DUTY LOCATION ASSIGNMENT,
 A COMMUNITY OF INTEREST BETWEEN INTERNS AND UNIT EMPLOYEES IS LACKING,
 PRIMARILY BECAUSE OF THE MOVEMENT OF INTERNS AS REQUIRED BY THE MOBILITY
 AGREEMENT AND THE POI TRAINING.  DURING THIS TIME THE MOBILITY AGREEMENT
 AND THE POI REQUIREMENTS SIMILARLY WOULD INTERFERE WITH THE PROMOTION OF
 EFFECTIVE DEALINGS WITH, AND EFFICIENCY OF THE OPERATIONS OF ARRCOM IF
 THE INTERNS WERE INCLUDED IN THE UNIT.  THEREFORE, IT IS CONCLUDED THAT
 FIRST AND SECOND-YEAR INTERNS ARE PROPERLY EXCLUDED FROM THE UNIT.
 THIRD-YEAR INTERNS, HOWEVER, HAVE PERMANENT JOB ASSIGNMENTS AND PERFORM
 THE SAME DUTIES AS UNIT EMPLOYEES ON A CONSISTENT BASIS.  IN ADDITION,
 THEY ARE ASSIGNED TO THEIR PERMANENT DUTY LOCATIONS AND USUALLY,
 ALTHOUGH NOT ALWAYS, REMAIN AT THEIR RESPECTIVE LOCATIONS UPON
 COMPLETION OF THE PROGRAM IF THEY CAN BE ACCOMMODATED.  CONSEQUENTLY,
 THE THIRD-YEAR INTERNS SHARE A CLEAR AND IDENTIFIABLE COMMUNITY OF
 INTEREST WITH THE UNIT EMPLOYEES.  FURTHER, THIRD-YEAR INTERNS ARE NOT
 AFFECTED BY THE MOBILITY AGREEMENT AND THE POI REQUIREMENTS BECAUSE, AS
 NOTED, THEY HAVE COMPLETED GENERAL TRAINING AND ARE PERMANENTLY
 ASSIGNED.  THEREFORE, THE INCLUSION OF THIRD-YEAR INTERNS IN THE UNIT
 WOULD PROMOTE EFFECTIVE DEALINGS AND EFFICIENCY OF AGENCY OPERATIONS.
 THE AUTHORITY ACCORDINGLY CONCLUDES THAT THE UNIT WOULD CONTINUE TO BE
 APPROPRIATE WITHIN THE MEANING OF SECTION 7112(A)(1) BY INCLUDING THE
 THIRD-YEAR ADVANCED INTERNS, AND IT SHALL BE SO DIRECTED.
 
    FURTHER, AUTOMATED LOGISTICS MANAGEMENT SYSTEMS ACTIVITY (ALMSA),
 U.S. ARMY MATERIEL DEVELOPMENT AND READINESS COMMAND (DARCOM), ST.
 LOUIS, MISSOURI, CASE NO.  62-5700(CU), WHEREIN THE AUTHORITY DENIED A
 REQUEST FOR REVIEW OF AN ACTING REGIONAL ADMINISTRATOR'S DECISION WHICH
 CLARIFIED A UNIT BY INCLUDING DARCOM INTERNS, DOES NOT REQUIRE A
 DIFFERENT RESULT.  IN REACHING THAT CONCLUSION, IT WAS NOTED THAT AT
 LEAST TWO OF THE INTERNS IN QUESTION HAD VOTED IN THE ELECTION WHICH
 ULTIMATELY RESULTED IN THE CERTIFICATION OF THE INCUMBENT UNION.
 ALTHOUGH IT APPEARED THAT NO REPRESENTATIONAL ACTIVITIES HAD EVER BEEN
 UNDERTAKEN ON BEHALF OF THE INTERNS (WITH THE EXCEPTION OF FILING ONE
 UNRESOLVED GRIEVANCE NOT UNDER THE NEGOTIATED AGREEMENT), IT APPEARED
 THAT ALMSA INTERNS HAD BEEN INCLUDED IN THE ORIGINAL UNIT DESCRIPTION.
 ON THAT BASIS THE ACTING REGIONAL ADMINISTRATOR CLARIFIED THE UNIT TO
 INCLUDE THEM, NOTING THEY SHOULD HAVE BEEN PART OF THE UNIT FROM THE
 TIME OF THE ORIGINAL CERTIFICATION.  JUST PRIOR TO THE TIME OF THE
 ELECTION IN THE CITED CASE, THE ALMSA INTERNS HAD BEEN RECLASSIFIED AS
 DARCOM INTERNS AND THE PROGRAM HAD BEEN EXTENDED FROM TWO TO THREE
 YEARS.  TO THE CONTRARY, THE DEPARTMENT OF THE ARMY INTERNS IN THE
 INSTANT CASE WERE INTENDED NOT TO BE INCLUDED IN THE UNIT ORIGINALLY, AS
 THEY WERE EXCLUDED BY AGREEMENT.  IT IS NOTED ESPECIALLY THAT THE UNIT
 OF RECOGNITION REPRESENTED BY THE PETITIONER, SOUGHT TO BE CLARIFIED
 HEREIN BY INCLUDING THE INTERNS, DID NOT INCLUDE THE INTERNS AT THE TIME
 OF THE INITIAL ELECTION AND CERTIFICATION.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED, IN WHICH
 EXCLUSIVE RECOGNITION WAS GRANTED TO THE NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 15, ON MARCH 18, 1975, AT THE DEPARTMENT OF THE ARMY,
 HEADQUARTERS, U.S. ARMY ARMAMENT MATERIEL READINESS COMMAND, ROCK
 ISLAND, ILLINOIS, BE, AND IT HEREBY IS, CLARIFIED BY INCLUDING IN SAID
 UNIT THE THIRD-YEAR NONPROFESSIONAL ADVANCED INTERNS ASSIGNED ON
 PERMANENT DUTY LOCATION.
 
    ISSUED, WASHINGTON, D.C., MARCH 20, 1981
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ SEC. 7112.  DETERMINATION OF APPROPRIATE UNITS FOR LABOR
 ORGANIZATION REPRESENTATION
 
    "(A)(1) THE AUTHORITY SHALL DETERMINE THE APPROPRIATENESS OF ANY
 UNIT.  THE AUTHORITY SHALL
 
    DETERMINE IN EACH CASE WHETHER, IN ORDER TO ENSURE EMPLOYEES THE
 FULLEST FREEDOM IN EXERCISING
 
    THE RIGHTS GUARANTEED UNDER THIS CHAPTER, THE APPROPRIATE UNIT SHOULD
 BE ESTABLISHED ON AN
 
    AGENCY, PLANT, INSTALLATION, FUNCTIONAL, OR OTHER BASIS AND SHALL
 DETERMINE ANY UNIT TO BE AN
 
    APPROPRIATE UNIT ONLY IF TH