Long Beach Naval Shipyard, Long Beach, California (Agency) and International Federation of Professional and Technical Engineers, Local 174, AFL-CIO (Union) and American Federation of Government Employees, Local 2237, AFL-CIO (Union) and Federal Employees' Metal Trades Council, Long Beach, California (Union)

 



[ v07 p362 ]
07:0362(53)NG
The decision of the Authority follows:


 7 FLRA No. 53
 
 LONG BEACH NAVAL SHIPYARD
 LONG BEACH, CALIFORNIA
 Agency
 
 and
 
 INTERNATIONAL FEDERATION OF
 PROFESSIONAL AND TECHNICAL ENGINEERS
 LOCAL 174, AFL-CIO
 Union
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 2237, AFL-CIO
 Union
 
 and
 
 FEDERAL EMPLOYEES' METAL TRADES
 COUNCIL, LONG BEACH, CALIFORNIA
 Union
 
                                            Case No. O-NG-189
 
                 DECISION AND ORDER ON NEGOTIABILITY ISSUE
 
    THE PETITION FOR REVIEW IN THIS CASE COMES BEFORE THE FEDERAL LABOR
 RELATIONS AUTHORITY (THE AUTHORITY) PURSUANT TO SECTION 7105(A)(2)(E) OF
 THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE).
 THE ISSUE PRESENTED IS THE NEGOTIABILITY OF THE UNIONS' JOINT PROPOSAL.
 
                              UNION PROPOSAL
 
    EACH UNION INVOLVED IN THIS CASE REPRESENTS AN EXCLUSIVE UNIT OF
 CERTAIN OF THE AGENCY'S EMPLOYEES. SPECIFICALLY, LOCAL 174 OF THE
 INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS AND
 LOCAL 2237 OF THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES REPRESENT
 GENERAL SCHEDULE (GS) EMPLOYEES WHILE THE FEDERAL EMPLOYEES' METAL
 TRADES COUNCIL REPRESENTS WAGE GRADE (WG) EMPLOYEES.
 
    THE DISPUTE AROSE AFTER THE AGENCY ISSUED A PROPOSED INSTRUCTION
 PROVIDING THAT SHIPYARD OPERATIONS WOULD BE CURTAILED DURING THE
 CHRISTMAS/NEW YEAR HOLIDAY PERIOD (4-5 WORKDAYS) AND THAT EMPLOYEES NOT
 NEEDED FOR ESSENTIAL SERVICES DURING THAT TIME WOULD BE REQUIRED TO
 UTILIZE ANNUAL LEAVE FOR THE PERIOD OF CURTAILMENT.  IN RESPONSE, THE
 THREE UNIONS JOINTLY PRESENTED A PROPOSAL SET FORTH FULLY IN AN APPENDIX
 TO THIS DECISION WHICH, AS THEY CHARACTERIZE IT, PROVIDES FOR "THE
 GRANTING OF ADMINISTRATIVE EXCUSAL (LEAVE) IN LIEU OF ANNUAL LEAVE TO
 ALL EMPLOYEES NOT WORKING FOR THE CURTAILMENT OF OPERATIONS DURING THE
 CHRISTMAS/NEW YEAR HOLIDAY PERIOD."
 
                       QUESTION BEFORE THE AUTHORITY
 
    THE QUESTION IS WHETHER THE UNIONS' PROPOSAL, REQUIRING THE GRANTING
 OF ADMINISTRATIVE LEAVE INSTEAD OF ANNUAL LEAVE FOR EMPLOYEES NOT
 WORKING WHEN AGENCY OPERATIONS ARE CURTAILED DURING THE CHRISTMAS/NEW
 YEAR PERIOD, IS OUTSIDE THE DUTY TO BARGAIN UNDER SECTION 7117 OF THE
 STATUTE /1/ BECAUSE IT IS INCONSISTENT WITH GOVERNMENT-WIDE REGULATIONS,
 AS ALLEGED BY THE AGENCY.
 
                                  OPINION
 
    CONCLUSION AND ORDER:  THE PROPOSAL IS NOT INCONSISTENT WITH
 GOVERNMENT-WIDE REGULATIONS AND IS WITHIN THE AGENCY'S DUTY TO BARGAIN
 UNDER SECTION 7117(A)(1) OF THE STATUTE.  ACCORDINGLY, PURSUANT TO
 SECTION 2424.10 OF THE AUTHORITY'S RULES AND REGULATIONS (5 CFR
 2424.10(1981)) IT IS ORDERED THAT THE AGENCY SHALL UPON REQUEST (OR AS
 OTHERWISE AGREED TO BY THE PARTIES) BARGAIN ON THIS PROPOSAL.  /2/
 
    REASONS:  THE AGENCY, OF COURSE, RETAINS THE RIGHT UNDER SECTION
 7106(A)(2)(A) OF THE STATUTE TO LAYOFF EMPLOYEES.  THE AGENCY EXPRESSLY
 CONCEDES, HOWEVER, AND THE AUTHORITY AGREES THAT SUCH MANAGEMENT RIGHT
 IS NOT INVOLVED IN THE CIRCUMSTANCES OF THIS CASE.  RATHER, THE AGENCY
 CONTENDS THAT IT IS PROHIBITED BY APPLICABLE GOVERNMENT-WIDE REGULATIONS
 FROM NEGOTIATING THE GRANTING OF ADMINISTRATIVE LEAVE FOR THE LENGTH OF
 TIME DURING WHICH IT PLANS TO CURTAIL SHIPYARD OPERATIONS, I.E., 4-5
 WORKDAYS.  SPECIFICALLY, THE AGENCY ARGUES THAT FEDERAL PERSONNEL MANUAL
 (FPM) SUPPLEMENT 990-2, BOOK 610, SUBCHAPTER S3-2 /3/ LIMITS THE
 AGENCY'S DISCRETION TO GRANT ADMINISTRATIVE LEAVE TO PERIODS OF TIME
 GENERALLY NOT EXCEEDING 3 CONSECUTIVE WORKDAYS AND DOES NOT EXTEND TO
 THE LONGER PERIOD HERE INVOLVED (4-5 WORKDAYS) WHICH ORDINARILY WOULD BE
 COVERED BY THE SCHEDULING OF LEAVE, FURLOUGH OR THE ASSIGNMENT OF OTHER
 WORK.  THE AGENCY CLAIMS, MOREOVER, THAT IT HAS THE RIGHT TO REQUIRE
 EMPLOYEES TO USE ANNUAL LEAVE IN CIRCUMSTANCES SUCH AS THOSE INVOLVED IN
 THIS CASE UNDER DECISIONS OF THE COMPTROLLER GENERAL.  /4/
 
    THE AGENCY'S POSITION CANNOT BE SUSTAINED FOR THE FOLLOWING REASONS.
 AS TO REQUIRING THE USE OF ANNUAL LEAVE, IT IS WELL ESTABLISHED THAT AN
 AGENCY HEAD'S DISCRETION UNDER STATUTE /5/ AND REGULATION /6/ ENABLING
 THE AGENCY HEAD TO REQUIRE EMPLOYEES TO TAKE ANNUAL LEAVE AT A SPECIFIED
 TIME OF THE YEAR, SUCH AS DURING THE PERIOD OF CURTAILMENT HERE
 INVOLVED, /7/ MAY FULLY OR PARTIALLY BE RELINQUISHED THROUGH THE
 NEGOTIATION OF A COLLECTIVE BARGAINING AGREEMENT.  /8/ IN THIS
 CONNECTION, ONE EFFECT OF THE UNIONS' PROPOSAL MANDATING THE USE OF
 ADMINISTRATIVE LEAVE DURING THE PERIOD OF CURTAILMENT WOULD BE TO
 ESTABLISH SUCH A CONTRACTUAL LIMIT ON THE AGENCY'S DISCRETION TO REQUIRE
 THE USE OF ANNUAL LEAVE DURING THE SPECIFIED PERIOD.  THE QUESTION
 REMAINS, HOWEVER, WHETHER, AS ARGUED BY THE AGENCY, THE GRANTING OF
 ADMINISTRATIVE LEAVE IN THE CIRCUMSTANCES INVOLVED IN THIS CASE IS
 PROHIBITED BY GOVERNMENT-WIDE REGULATIONS.
 
    IN CONTRAST TO THE COMPREHENSIVE STATUTORY PROVISIONS GOVERNING THE
 GRANTING OF ANNUAL LEAVE, AND APART FROM THOSE PARTICULAR SITUATIONS FOR
 WHICH ADMINISTRATIVE LEAVE IS SPECIFICALLY AUTHORIZED BY LAW, /9/ OR
 EXECUTIVE ORDER, /10/ RESEARCH FAILS TO DISCLOSE ANY GENERAL STATUTORY
 AUTHORITY UNDER WHICH FEDERAL EMPLOYEES MAY BE GRANTED ADMINISTRATIVE
 LEAVE.  NOTWITHSTANDING THE ABSENCE OF A STATUTE CONTROLLING THE MATTER,
 HOWEVER, IT IS FIRMLY ESTABLISHED THAT THE HEAD OF AN AGENCY HAS
 DISCRETION TO GRANT ADMINISTRATIVE LEAVE TO EMPLOYEES OF THE AGENCY IN
 CERTAIN SITUATIONS FOR BRIEF PERIODS OF TIME.  /11/ IN THIS REGARD, FOR
 EXAMPLE, THE SUBJECT OF ADMINISTRATIVE LEAVE IS DISCUSSED GENERALLY IN
 FPM SUPPLEMENT 990-2, BOOK 630, SUBCHAPTER S11.  SUBCHAPTER S11-5, IN
 PERTINENT PART, STATES AS FOLLOWS:
 
                      S11-5 ADMINISTRATIVE DISCRETION
 
    A.  GENERAL.  WITH FEW EXCEPTIONS, AGENCIES DETERMINE
 ADMINISTRATIVELY SITUATIONS IN WHICH
 
    THEY WILL EXCUSE EMPLOYEES FROM DUTY WITHOUT CHARGE TO LEAVE AND MAY
 BY ADMINISTRATIVE
 
    REGULATION PLACE ANY LIMITATIONS OR RESTRICTIONS THEY FEEL ARE
 NEEDED.
 
    SOME OF THE MORE COMMON SITUATIONS LISTED IN THE SUBCHAPTER IN WHICH
 AGENCIES GENERALLY GRANT ADMINISTRATIVE LEAVE INCLUDE (1) BLOOD
 DONATIONS, (2) TARDINESS AND BRIEF ABSENCE, (3) TAKING EXAMINATIONS, (4)
 ATTENDING CONFERENCES OR CONVENTIONS, AND (5) REPRESENTING EMPLOYEE
 ORGANIZATIONS.
 
    FURTHER, AS TO GROUP ACTIONS IN PARTICULAR, I.E., THE GRANTING OF
 ADMINISTRATIVE LEAVE TO GROUPS OF EMPLOYEES IN CONNECTION WITH THE
 TEMPORARY CLOSING OF AN ACTIVITY OR INSTALLATION SUCH AS HERE INVOLVED,
 FPM SUPPLEMENT 990-2, BOOK 610, SUBCHAPTER S3-2 (NOTE 3, SUPRA) IS
 RELEVANT AND IS RELIED UPON BY THE AGENCY.  SUBCHAPTER S3-2 OF BOOK 610
 EXPRESSLY PROVIDES THAT ADMINISTRATIVE LEAVE MAY BE GRANTED IN
 CONNECTION WITH THE TEMPORARY CLOSING OF AN ACTIVITY OR INSTALLATION AS
 FOLLOWS:
 
    (2) "POLICY STATEMENT.  THE AUTHORITY IN THIS SUBPART MAY BE USED
 ONLY TO THE EXTENT
 
    WARRANTED BY GOOD ADMINISTRATION FOR SHORT PERIODS OF TIME NOT
 GENERALLY EXCEEDING 3
 
    CONSECUTIVE WORKDAYS . . . (BUT NOT) IN SITUATIONS OF EXTENSIVE
 DURATION OR FOR PERIODS OF
 
    INTERRUPTED OR SUSPENDED OPERATIONS SUCH AS ORDINARILY WOULD BE
 COVERED BY THE SCHEDULING OF
 
    LEAVE, FURLOUGH, OR THE ASSIGNMENT OF OTHER WORK."
 
    ASSUMING WITHOUT DECIDING THAT SUBCHAPTER S3-2 OF FPM SUPPLEMENT
 990-2, BOOK 610 IS AN APPLICABLE GOVERNMENT-WIDE REGULATION WITHIN THE
 MEANING OF SECTION 7117(A) OF THE STATUTE WHICH WOULD BAR NEGOTIATION OF
 A CONFLICTING PROPOSAL, THE AGENCY HAS NOT ESTABLISHED THAT THE DISPUTED
 PROPOSAL IN THIS CASE IS INCONSISTENT WITH THE REGULATION.  CLEARLY THE
 REGULATION DOES NOT ESTABLISH THREE DAYS AS THE ABSOLUTE LIMIT ON THE
 PERIOD OF TIME FOR WHICH ADMINISTRATIVE LEAVE MAY BE GRANTED IN
 CONNECTION WITH THE TEMPORARY CLOSING OF AN ACTIVITY, AS THE AGENCY
 CLAIMS.  RATHER, THE USE OF THE WORD "GENERALLY" AMOUNTS TO EXPRESS
 ACKNOWLEDGMENT THAT DISCRETION IS LEFT TO THE AGENCY TO DETERMINE THE
 ACTUAL DURATION OF THE ADMINISTRATIVE LEAVE TO BE GRANTED, IF "WARRANTED
 BY GOOD ADMINISTRATION," SO LONG AS THE PERIOD OF TIME FOR WHICH SUCH
 ADMINISTRATIVE LEAVE IS GRANTED IS "SHORT." IN THIS REGARD, THE TIME
 PERIOD INVOLVED UNDER THE DISPUTED PROPOSAL, 4-5 WORKDAYS, IS A BRIEF
 PERIOD OF TIME REASONABLY WITHIN THE AMBIT OF THE LANGUAGE OF THE
 REGULATION.
 
    SIMILARLY, WHILE THE REGULATION STATES GENERALLY IN SUBCHAPTER
 S3-2(C)(2) THAT ADMINISTRATIVE LEAVE MAY NOT BE USED FOR SITUATIONS THAT
 WOULD "ORDINARILY" BE COVERED BY THE SCHEDULING OF ANNUAL LEAVE,
 FURLOUGH OR THE ASSIGNMENT OF OTHER WORK, THIS DOES NOT RENDER THE
 DISPUTED PROPOSAL INCONSISTENT WITH THE REGULATION.  THAT IS, THE
 REGULATION ITSELF PROVIDES MORE SPECIFICALLY, IN SUBSECTION 5(A), THAT
 ADMINISTRATIVE LEAVE MAY BE GRANTED WHEN "(F)OR MANAGERIAL REASONS, THE
 CLOSING OF AN ESTABLISHMENT OR PORTIONS THEREOF IS REQUIRED FOR SHORT
 PERIODS . . . " AND, FURTHER, IN SUBSECTION 5(B) THAT SUCH "(M)ANAGERIAL
 REASONS . . . MAY INCLUDE, BUT ARE NOT LIMITED TO, RETOOLING . . . ."
 
    THUS, THE GRANTING OF ADMINISTRATIVE LEAVE, AS PROPOSED BY THE UNION
 IN CONNECTION WITH THE TEMPORARY CURTAILMENT OF OPERATIONS, WHICH IS A
 MATTER AFFECTING THE WORKING CONDITIONS OF UNIT EMPLOYEES, IS WITHIN THE
 DISCRETION OF THE AGENCY.  SINCE THE AGENCY HAS NOT SHOWN THAT THE
 EXERCISE OF SUCH DISCRETION THROUGH NEGOTIATION ON THE PROPOSAL WOULD BE
 INCONSISTENT WITH LAW OR WITH GOVERNMENT-WIDE REGULATIONS, THE PROPOSAL
 AT ISSUE HEREIN IS WITHIN THE DUTY TO BARGAIN UNDER THE STATUTE.  /12/
 
    ISSUED, WASHINGTON, D.C. DECEMBER 16, 1981
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
                                 APPENDIX
 
    NAVSHIPYDLBEACH/SUPSHIP INSTRUCTION
 
    SUBJ:  CURTAILMENT OF OPERATIONS DURING CHRISTMAS/NEW YEAR HOLIDAY
 PERIOD PARAGRAPH 2 MODIFY
 
    IT WILL BE THE POLICY TO CURTAIL OPERATIONS FROM 0015 HOURS ON THE
 FIRST DAY AND CONTINUE THROUGH 0001 HOURS ON THE LAST DAY OF THE
 CURTAILMENT PERIOD.  THE ACTUAL NUMBER OF HOURS NEEDED FOR THIS PURPOSE
 WILL DEPEND ON THE ACTUAL DAYS IN WHICH THE HOLIDAYS FALL.  IN MOST
 YEARS, FOUR (4) DAYS OR THIRTY-TWO (32) HOURS OF ADMINISTRATIVE EXCUSAL
 WILL BE GRANTED;  HOWEVER, THOSE YEARS IN WHICH CHRISTMAS DAY FALLS ON
 TUESDAY OR THURSDAY, FIVE (5) DAYS OR FORTY (40) HOURS OF ADMINISTRATIVE
 EXCUSAL WILL BE GRANTED.  EMPLOYEES REQUIRED TO PERFORM ESSENTIAL WORK
 DURING THIS CURTAILMENT PERIOD WILL BE PAID UNDER THE PROVISIONS OF
 HOLIDAY PAY.  OPERATIONS WILL BE CURTAILED DURING THIS PERIOD WITH THE
 EXCEPTION OF ESSENTIAL WORK AND SERVICES AS SPECIFIED BELOW:
 
    2A(3) DELETE
 
    2B DELETE
 
    2E(1) DELETE
 
    (2) DELETE
 
    (3) DELETE
 
    2E(4) MODIFY
 
    IF AN EMPLOYEE IS PLACED IN A SICK LEAVE STATUS PRIOR TO THE
 CURTAILMENT PERIOD, AND IT APPEARS THAT THE ILLNESS WILL EXTEND THROUGH
 THE CURTAILMENT, TIMEKEEPERS MUST BE NOTIFIED AND MUST NOTIFY THE
 COMPTROLLER DEPARTMENT (CODE 630.12) SO THAT THE EMPLOYEE'S TIME WILL BE
 CHARGED TO ADMINISTRATIVE LEAVE.
 
    2E(5) DELETE
 
    2E(6) MODIFY
 
    SCHEDULING LEAVE.  EMPLOYEES ARE URGED TO PLAN AND SCHEDULE THEIR USE
 OF LEAVE IN SUCH A MANNER AS TO ENSURE THEY DO NOT FORFEIT ACCRUED
 ANNUAL LEAVE.
 
    2E(7) DELETE
 
    2E(8) DELETE
 
    2E(9) DELETE
 
    3A(1) MODIFY
 
    PLAN AND SCHEDULE WORK IN GENERAL ACCORDANCE WITH THE POLICY SET
 FORTH IN PARAGRAPH 2 ABOVE.
 
    3A(2) DELETE
 
    3A(5) DELETE
 
    4.  DELETE
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ SECTION 7117 PROVIDES, IN RELEVANT PART, AS FOLLOWS:
 
    SEC. 7117.  DUTY TO BARGAIN IN GOOD FAITH;  COMPELLING NEED;  DUTY TO
 CONSULT
 
    (A)(1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, THE DUTY TO
 BARGAIN IN GOOD FAITH
 
    SHALL, TO THE EXTENT NOT INCONSISTENT WITH ANY FEDERAL LAW OR ANY
 GOVERNMENT-WIDE RULE OR
 
    REGULATION, EXTEND TO MATTERS WHICH ARE THE SUBJECT OF ANY RULE OR
 REGULATION ONLY IF THE RULE
 
    OR REGULATION IS NOT A GOVERNMENT-WIDE RULE OR REGULATION.
 
    /2/ IN DECIDING THAT THE PROPOSAL IS WITHIN THE DUTY TO BARGAIN, THE
 AUTHORITY, OF COURSE, MAKES NO JUDGMENT AS TO ITS MERITS.
 
    /3/ FPM SUPPLEMENT 990-2, BOOK 610, SUBCHAPTER S3-2 PROVIDES IN
 PERTINENT PART AS FOLLOWS:
 
    S3-2. RELIEVING DAILY, HOURLY, OR PIECEWORK EMPLOYEES FROM DUTY
 
   .          .          .          .
 
 
    C.  REGULATIONS.  (1) "PURPOSE.  THE PURPOSE OF THIS SUBPART IS TO
 PROVIDE UNIFORM AND EQUITABLE STANDARDS UNDER WHICH REGULAR EMPLOYEES
 PAID AT DAILY, HOURLY, OR PIECEWORK RATES MAY BE RELIEVED FROM DUTY WITH
 PAY BY ADMINISTRATIVE ORDER." (SECTION 610.301)
 
    (2) "POLICY STATEMENT.  THE AUTHORITY IN THIS SUBPART MAY BE USED
 ONLY TO THE EXTENT WARRANTED BY GOOD ADMINISTRATION FOR SHORT PERIODS OF
 TIME NOT GENERALLY EXCEEDING 3 CONSECUTIVE WORK DAYS IN A SINGLE PERIOD
 OF EXCUSED ABSENCE.  THIS AUTHORITY MAY NOT BE USED IN SITUATIONS OF
 EXTENSIVE DURATION OR FOR PERIODS OF INTERRUPTED OR SUSPENDED OPERATIONS
 SUCH AS ORDINARILY WOULD BE COVERED BY THE SCHEDULING OF LEAVE,
 FURLOUGH, OR THE ASSIGNMENT OF OTHER WORK.  INSOFAR AS PRACTICABLE, EACH
 ADMINISTRATIVE ORDER ISSUED UNDER THIS SUBPART SHALL PROVIDE BENEFITS
 FOR REGULAR EMPLOYEES PAID AT DAILY, HOURLY, OR PIECEWORK RATES SIMILAR
 TO THOSE PROVIDED FOR EMPLOYEES PAID AT ANNUAL RATES."
 
   .          .          .          .
 
 
    (5)(A) "STANDARDS.  AN ADMINISTRATIVE ORDER MAY BE ISSUED UNDER THIS
 SUBPART WHEN:
 
    "(A) NORMAL OPERATIONS OF AN ESTABLISHMENT ARE INTERRUPTED BY EVENTS
 BEYOND THE CONTROL OF
 
    MANAGEMENT OR EMPLOYEES;
 
    "(B) FOR MANAGERIAL REASONS, THE CLOSING OF AN ESTABLISHMENT OR
 PORTIONS THEREOF IS
 
    REQUIRED FOR SHORT PERIODS;
 
    "(C) IT IS IN THE PUBLIC INTEREST TO RELIEVE EMPLOYEES FROM WORK TO
 PARTICIPATE IN CIVIL
 
    ACTIVITIES WHICH THE GOVERNMENT IS INTERESTED IN ENCOURAGING;  OR
 
    "(D) THE CIRCUMSTANCES ARE SUCH THAT AN ADMINISTRATIVE ORDER UNDER
 PARAGRAPH (A), (B), OR
 
    (C) OF THIS SECTION IS NOT APPROPRIATE AND THE DEPARTMENT OR AGENCY
 UNDER ITS REGULATIONS
 
    EXCUSES, OR IS AUTHORIZED TO EXCUSE, WITHOUT CHARGE TO LEAVE OR LOSS
 OF PAY, EMPLOYEES PAID ON
 
    AN ANNUAL BASIS." (SECTION 610.305)
 
    (B) GUIDES FOR RELIEVING EMPLOYEES FROM DUTY.  THE RELEASE OF REGULAR
 EMPLOYEES BECAUSE OF INTERRUPTION TO NORMAL OPERATIONS SHALL BE CONFINED
 TO EMERGENCY SITUATIONS.  THESE SITUATIONS MAY INCLUDE, BUT ARE NOT
 LIMITED TO, EXTREME WEATHER CONDITIONS . . . , SERIOUS INTERRUPTION TO
 PUBLIC TRANSPORTATION SERVICES, OR DISASTERS SUCH AS FIRE, FLOOD . . . .
  MANAGERIAL REASONS . . . MAY INCLUDE, BUT ARE NOT LIMITED TO, RETOOLING
 THE BREAKDOWN OF MACHINES .  .