United States Department of the Navy, U.S. Naval Station, Panama (Activity) and American Federation of State, County and Municipal Employees, Local 907, AFL-CIO, CTRP (Petitioner) and National Maritime Union of America, AFL-CIO (Intervenor); Navy, Naval Station (Activity), Panama and Panama DOD Employees Coalition, CTRP (AFSC ME Local 907; AFGE Local 14; AFGE Local 1805) (Petitioner)

 



[ v07 p489 ]
07:0489(74)RO
The decision of the Authority follows:


 7 FLRA No. 74
 
 UNITED STATES DEPARTMENT OF
 THE NAVY, U.S. NAVAL STATION,
 Panama /1/
 Activity
 
 and
 
 AMERICAN FEDERATION OF STATE,
 COUNTY AND MUNICIPAL EMPLOYEES,
 LOCAL 907, AFL-CIO, CTRP
 Petitioner
 
 and
 
 NATIONAL MARITIME UNION OF
 AMERICA, AFL-CIO
 Intervenor
                                            Case No. 6-RO-51
 
 
 UNITED STATES DEPARTMENT OF
 THE NAVY, U.S. NAVAL STATION,
 Panama
 Activity
 
 and
 
 PANAMA DOD EMPLOYEES COALITION, AFL-CIO, CTRP (AMERICAN
 FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES,
 AFL-CIO, LOCAL 907;  AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 14;  AND AMERICAN FEDERATION
 OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1805)
 Petitioner
 
 and
 
 NATIONAL MARITIME UNION
 OF AMERICA, AFL-CIO
 Intervenor
                                            Case No. 6-RO-62
 
                    DECISION AND DIRECTION OF ELECTION
 
    UPON PETITIONS DULY FILED WITH THE FEDERAL LABOR RELATIONS
 AUTHORITY
 UNDER SECTION 7111(B) OF THE FEDERAL SERVICE LABOR-MANAGEMENT
 RELATIONS
 STATUTE (THE STATUTE), A HEARING WAS HELD BEFORE A HEARING
 OFFICER OF
 THE AUTHORITY.  THE AUTHORITY HAS REVIEWED THE HEARING
 OFFICER'S RULINGS
 MADE AT THE HEARING AND FINDS THAT THEY ARE FREE FROM
 PREJUDICIAL ERROR.
  THE RULINGS ARE HEREBY AFFIRMED.
 
    AT THE HEARING, THE PETITIONER IN CASE NO. 6-RO-62, AMERICAN
 FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 14, AFL-CIO (AFGE
 LOCAL 14),
 MOVED TO AMEND THE NAME OF THE PETITIONER TO PANAMA DOD
 EMPLOYEES
 COALITION, AFL-CIO, CTRP (THE COALITION).  THE COALITION, WHICH WAS
 ESTABLISHED AFTER THE FILING OF THE PETITIONS BUT BEFORE THE
 HEARING, IS
 COMPOSED OF THREE SEPARATE AND DISTINCT AFL-CIO AFFILIATED
 LABOR
 ORGANIZATIONS WITHIN THE MEANING OF SECTION 7103(A)(4) OF THE
 STATUTE
 WHICH CONTINUE TO EXIST AS SEPARATE ENTITIES, EACH WITH ITS OWN
 ELECTED
 OFFICERS, CONSTITUTION, AND BYLAWS, AND EACH HAVING
 HISTORICALLY
 REPRESENTED DEPARTMENT OF DEFENSE EMPLOYEES IN THE CANAL
 ZONE.  THE
 THREE ARE AFGE LOCAL 14;  AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES,
 LOCAL 1805, AFL-CIO (AFGE LOCAL 1805);  AND LOCAL 907, AMERICAN
 FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO
 (AFSCME
 LOCAL 907).  FOR THE REASONS MORE FULLY STATED IN DEFENSE
 MAPPING
 AGENCY, INTER-AMERICAN GEODETIC SURVEY, 5 FLRA NO. 85 (1981),
 INVOLVING
 THE SAME THRESHOLD ISSUE, THE MOTION OF AFGE LOCAL 14 TO AMEND
 THE NAME
 OF THE PETITIONER IS GRANTED.  HOWEVER, AS IN DEFENSE MAPPING
 AGENCY,
 SUPRA, AND FOR THE REASONS STATED THEREIN, BEFORE ELECTIONS
 MAY BE HELD
 IN THE UNIT OR UNITS FOUND APPROPRIATE INFRA, THERE MUST BE A
 NEW
 POSTING OF NOTICE OF PETITION PURSUANT TO SECTION 2422.4(A) OF
 THE
 AUTHORITY'S RULES AND REGULATIONS IN ORDER TO INFORM
 EMPLOYEES OF THE
 CHANGE IN THE IDENTITY OF THE PETITIONER.  /2/
 
    UPON THE ENTIRE RECORD, INCLUDING A BRIEF TIMELY FILED BY THE
 INTERVENOR, NATIONAL MARITIME UNION OF AMERICA, AFL-CIO (NMU),
 THE
 AUTHORITY FINDS:
 
    THE COALITION SEEKS TO REPRESENT A UNIT, AS AMENDED AT THE
 HEARING,
 WHICH INCLUDES ALL (APPROXIMATELY 275) APPROPRIATED FUND
 PROFESSIONAL
 AND NONPROFESSIONAL EMPLOYEES OF THE ACTIVITY LOCATED IN
 PANAMA,
 EXCLUDING ALL MANAGEMENT OFFICIALS, SUPERVISORS, PERSONNEL
 OFFICIALS,
 AND EMPLOYEES AS DESCRIBED IN SECTION 7112(B)(2), (3), (4), (6) AND (7)
 OF THE STATUTE.  /3/ THE PETITIONER AND THE INTERVENOR AGREE, THE
 ACTIVITY DOES NOT DISPUTE, AND THE AUTHORITY FINDS (SUBJECT TO
 THE
 RESULT OF THE SELF DETERMINATION ELECTION ORDERED INFRA) THAT
 THIS UNIT
 IS APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION UNDER
 THE
 STATUTE.  /4/ HOWEVER, THE PARTIES ARE IN DISPUTE AS TO WHETHER
 THE
 INCUMBENTS OF CERTAIN JOB CLASSIFICATIONS SHOULD BE EXCLUDED
 FROM THE
 UNIT FOUND APPROPRIATE.
 
                          THE ALLEGED SUPERVISORS
 
    THE PARTIES STIPULATED AT THE HEARING THAT THE INCUMBENTS OF
 20
 POSITIONS SPECIFICALLY IDENTIFIED IN THE RECORD SHOULD BE
 EXCLUDED FROM
 THE UNIT INASMUCH AS THEY ARE SUPERVISORS WITHIN THE MEANING OF
 SECTION
 7103(A)(10) OF THE STATUTE.  ACCORDINGLY, THE STATUS OF THESE
 INDIVIDUALS IS NOT AT ISSUE BEFORE THE AUTHORITY.  HOWEVER, TEN
 JOB
 CLASSIFICATIONS REMAIN IN DISPUTE.  SEVEN OF THESE ARE "LEADERS"
 WHO,
 WHILE THEY WORK IN DIFFERENT AREAS OF SPECIALIZATION, PERFORM
 ESSENTIALLY THE SAME FUNCTIONS.  /5/ THUS, EACH OF THE LEADERS
 GETS
 INSTRUCTIONS FROM HIS SUPERVISOR CONCERNING THE WORK TO BE
 DONE AND THE
 MANNER IN WHICH SUCH WORK IS TO BE PERFORMED;  PASSES THESE
 INSTRUCTIONS
 ALONG TO THE OTHER EMPLOYEES ON THE JOB;  DRAWS THE NECESSARY
 EQUIPMENT
 FOR THE JOB TO BE PERFORMED;  DISTRIBUTES THE EQUIPMENT AND
 TASKS TO THE
 OTHER EMPLOYEES;  WORKS ALONGSIDE THE OTHER EMPLOYEES IN
 ACCOMPLISHING
 THE JOB ASSIGNMENT THAT HAS BEEN RECEIVED FROM THE SUPERVISOR
 AT THE
 BEGINNING OF THE DAY;  AND OBSERVES AND REPORTS TO THE
 SUPERVISOR ON THE
 OVERALL PROGRESS OF SUCH JOB ASSIGNMENT.
 
    SECTION 7103(A)(10) OF THE STATUTE PROVIDES, IN PERTINENT PART,
 THAT
 A SUPERVISOR IS "AN INDIVIDUAL EMPLOYED BY AN AGENCY HAVING
 AUTHORITY IN
 THE INTEREST OF THE AGENCY TO HIRE, DIRECT, ASSIGN, PROMOTE,
 REWARD,
 TRANSFER, FURLOUGH, LAYOFF, RECALL, SUSPEND, DISCIPLINE, OR
 REMOVE
 EMPLOYEES, TO ADJUST THEIR GRIEVANCES, OR TO EFFECTIVELY
 RECOMMEND SUCH
 ACTION, IF THE EXERCISE OF THE AUTHORITY IS NOT MERELY ROUTINE
 OR
 CLERICAL IN NATURE BUT REQUIRES THE CONSISTENT EXERCISE OF
 INDEPENDENT
 JUDGMENT . . . ." THE RECORD INDICATES THAT NONE OF THE SEVEN
 "LEADERS"
 IN QUESTION EXERCISES ANY OF THE FOREGOING INDICIA OF
 SUPERVISORY
 AUTHORITY.  RATHER, THE STATUS OF EACH LEADER IN RELATION TO THE
 OTHER
 EMPLOYEES WITH WHOM HE WORKS IS MERELY THAT OF A LEADMAN OR
 MORE SENIOR
 AND EXPERIENCED EMPLOYEE VIS-A-VIS JUNIOR AND LESS EXPERIENCED
 EMPLOYEES.  IN ANY EVENT, TO THE EXTENT THAT THE LEADERS MAY
 HAVE ANY
 RESPONSIBILITY FOR ASSIGNING WORK TO THE OTHER EMPLOYEES AND
 DIRECTING
 THEM IN THE PERFORMANCE OF SUCH WORK, THE EXERCISE OF THOSE
 RESPONSIBILITIES IS ROUTINE IN NATURE AND DOES NOT INVOLVE ANY
 INDEPENDENT JUDGMENT.  ACCORDINGLY, THE AUTHORITY FINDS THAT
 THE
 INCUMBENTS OF THE SEVEN "LEADER" POSITIONS SET FORTH IN NOTE 5,
 SUPRA,
 ARE NOT SUPERVISORS WITHIN THE MEANING OF SECTION 7103(A)(10) OF
 THE
 STATUTE AND THEREFORE SHOULD BE INCLUDED IN THE UNIT FOUND
 APPROPRIATE.
 /6/
 
    EMPLOYEES ALLEGEDLY ENGAGED IN PERSONNEL WORK IN OTHER
 THAN A PURELY
 CLERICAL CAPACITY
 
    OF THE SIX EMPLOYEES WHOM THE ACTIVITY INITIALLY ALLEGED
 SHOULD BE
 EXCLUDED FROM THE UNIT ON THE BASIS THAT THEY ARE ENGAGED IN
 PERSONNEL
 WORK IN OTHER THAN A PURELY CLERICAL CAPACITY WITHIN THE
 MEANING OF
 SECTION 7112(B)(3) OF THE STATUTE, /7/ THE PARTIES STIPULATED AT THE
 HEARING THAT FOUR PERFORM PURELY CLERICAL FUNCTIONS AND
 THEREFORE SHOULD
 BE INCLUDED IN THE UNIT FOUND APPROPRIATE.  THE OTHER TWO
 EMPLOYEES ARE
 IN THE JOB CLASSIFICATIONS OF STAFFING ASSISTANT (TYPING), NM-06
 AND
 STAFFING CLERK (TYPING), NX-05.
 
    THE RECORD DISCLOSES THAT THE STAFFING ASSISTANT ASSISTS HER
 SUPERVISOR IN DETERMINING WHETHER APPLICANTS FOR PROMOTION
 POSSESS THE
 NECESSARY QUALIFICATIONS TO BE CONSIDERED BY COMPARING THE
 INFORMATION
 PROVIDED IN THE APPLICATION WITH THE STANDARDS OUTLINED FOR THE
 VACANCY;
  PREPARES FORMS FOR NOTIFYING INDIVIDUALS OF PERSONNEL ACTIONS
 TAKEN;
 AND MAINTAINS OFFICIAL PERSONNEL FILES.  THE RECORD FURTHER
 INDICATES
 THAT THE STAFFING CLERK ASSISTS THE STAFFING ASSISTANT IN
 PERFORMING HER
 WORK, INCLUDING THE PREPARATION OF FORMS NOTIFYING INDIVIDUALS
 OF
 PERSONNEL ACTIONS TAKEN AND THE MAINTENANCE OF PERSONNEL
 FILES;  TYPES
 AND DISTRIBUTES VACANCY ANNOUNCEMENTS;  AND PERFORMS OTHER
 CLERICAL
 DUTIES WITH REGARD TO PERSONNEL MATTERS.
 
    BASED ON THE FOREGOING, THE AUTHORITY CONCLUDES THAT BOTH
 THE
 STAFFING ASSISTANT (TYPING), NM-06 AND THE STAFFING CLERK
 (TYPING),
 NX-05 PERFORM FUNCTIONS THAT ARE PURELY CLERICAL IN NATURE. 
 THUS, BOTH
 EMPLOYEES MERELY SCREEN APPLICATIONS FOR TECHNICAL
 SUFFICIENCY, TYPE
 ROUTINE PERSONNEL NOTIFICATION FORMS, AND KEEP PERSONNEL FILES
 CURRENT.
 ACCORDINGLY, THE AUTHORITY FINDS THAT THE INCUMBENTS OF THE
 FOLLOWING
 POSITIONS ARE ENGAGED IN PERSONNEL WORK IN A PURELY CLERICAL
 CAPACITY
 AND THEREFORE SHOULD BE INCLUDED IN THE UNIT FOUND
 APPROPRIATE:
 STAFFING ASSISTANT (TYPING), NM-06 AND STAFFING CLERK (TYPING),
 NX-05.
 SEE HEADQUARTERS, FORT SAM HOUSTON, FORT SAM HOUSTON, TEXAS,
 5 FLRA NO.
 46(1981).
 
                     THE ALLEGED MANAGEMENT OFFICIALS
 
    THE ACTIVITY CONTENDS THAT THE INCUMBENTS IN THE JOB
 CLASSIFICATIONS
 OF SAFETY OFFICER, NM-11 AND FIRE PROTECTION INSPECTOR, NM-09
 SHOULD BE
 EXCLUDED FROM THE UNIT ON THE BASIS THAT THEY ARE MANAGEMENT
 OFFICIALS
 WITHIN THE MEANING OF SECTION (7103)(A)(11) OF THE STATUTE WHICH
 DEFINES
 MANAGEMENT OFFICIAL AS " . . . AN INDIVIDUAL EMPLOYED BY AN AGENCY
 IN A
 POSITION THE DUTIES AND RESPONSIBILITIES OF WHICH REQUIRE OR
 AUTHORIZE
 THE INDIVIDUAL TO FORMULATE, DETERMINE, OR INFLUENCE THE
 POLICIES OF THE
 AGENCY(.)" IN THE LEAD CASE OF DEPARTMENT OF THE NAVY, AUTOMATIC
 DATA
 PROCESSING SELECTION OFFICE, 7 FLRA NO. 24 (1981), THE AUTHORITY
 INTERPRETED THE ABOVE DEFINITION OF MANAGEMENT OFFICIAL TO
 INCLUDE THOSE
 INDIVIDUALS WHO:  (1) CREATE, ESTABLISH OR PRESCRIBE GENERAL
 PRINCIPLES,
 PLANS OR COURSES OF ACTION OR AN AGENCY;  (2) DECIDE UPON OR
 SETTLE UPON
 GENERAL PRINCIPLES, PLANS OR COURSES OF ACTION FOR AN AGENCY; 
 OR (3)
 BRING ABOUT OR OBTAIN A RESULT AS TO THE ADOPTION OF GENERAL
 PRINCIPLES,
 PLANS OR COURSES OF ACTION FOR AN AGENCY.
 
    THE RECORD REVEALS THAT THE SAFETY OFFICER, NM-11 INSPECTS ALL
 SHOPS
 AND WORK AREAS TO MAKE SURE THAT NO UNSAFE CONDITIONS EXIST
 AND, IF THEY
 DO EXIST, TO SEE THAT THEY ARE CORRECTED.  HE IS ALSO INVOLVED
 WITH
 TRAFFIC SAFETY ON THE GROUNDS OF THE ACTIVITY.  WHILE THE
 ACTIVITY
 ALLEGES THAT HE FORMULATES POLICY, THE RECORD CONTAINS NO
 EVIDENCE OF
 ANY POLICY HE HAS FORMULATED.  THE RECORD ALSO INDICATES THAT
 WHILE HE
 MAY SUGGEST CERTAIN CHANGES OR IMPROVEMENTS IN SAFETY
 PROCEDURES AS A
 RESULT OF HIS INSPECTIONS, THE SAFETY OFFICER HAS NO AUTHORITY
 TO
 INSTITUTE THEM BUT MUST SUBMIT ANY SUCH SUGGESTIONS TO THE
 EXECUTIVE
 OFFICER WHO HAS THE FINAL WORD ON WHETHER TO ACCEPT OR
 REJECT THEM.  ON
 THE BASIS OF THE FOREGOING, THE AUTHORITY CONCLUDES THAT THE
 SAFETY
 OFFICER, NM-11 IS NOT A MANAGEMENT OFFICIAL WITHIN THE MEANING
 OF
 SECTION 7103(A)(11) OF THE STATUTE INASMUCH AS HE DOES NOT
 FORMULATE,
 DETERMINE, OR INFLUENCE THE POLICIES OF THE ACTIVITY WITHIN THE
 MEANING
 GIVEN THOSE TERMS BY THE AUTHORITY IN DEPARTMENT OF THE NAVY,
 AUTOMATIC
 DATA PROCESSING SELECTION OFFICE, SUPRA.  THAT IS, HE MERELY
 SUGGESTS
 CERTAIN SPECIFIC SAFETY IMPROVEMENTS TO OTHERS (WHO HAVE THE
 AUTHORITY
 TO DECIDE UPON AND IMPLEMENT SAFETY POLICY) AS A RESULT OF HIS
 ROUTINE
 INSPECTIONS OF THE ACTIVITY'S FACILITIES.  HE NEITHER CREATES NOR
 DECIDES UPON THE ACTIVITY'S SAFETY POLICIES, AND THERE IS
 INSUFFICIENT
 EVIDENCE IN THE RECORD TO DEMONSTRATE THAT HE BRINGS ABOUT OR
 OBTAINS A
 RESULT AS TO THE ACTIVITY'S SAFETY POLICIES. ACCORDINGLY, HE
 SHOULD BE
 INCLUDED IN THE UNIT FOUND APPROPRIATE.
 
    THE RECORD FURTHER INDICATES THAT THE FIRE PROTECTION
 INSPECTOR,
 NM-09 IS INVOLVED WITH FIRE SAFETY AND FIRE PROTECTION WITHIN THE
 ACTIVITY.  HE INSPECTS THE BUILDINGS AND WORK AREAS OF THE
 ACTIVITY TO
 INSURE THAT THERE ARE NO FIRE HAZARDS, AND TAKES STEPS TO
 CORRECT ANY
 PROBLEM THAT HE FINDS.  THE RECORD INDICATES THAT HE DOES NOT
 HAVE THE
 AUTHORITY TO ISSUE ANY FIRE PROTECTION POLICIES OR DIRECTIVES,
 BUT
 RATHER MUST GO THROUGH OTHERS SUCH AS THE EXECUTIVE OFFICER,
 COMMANDING
 OFFICER, AND PUBLIC WORKS OFFICER WHO DO HAVE THE AUTHORITY TO
 ISSUE
 SUCH POLICIES OR DIRECTIVES.  MOREOVER, THE RECORD CONTAINS NO
 SUPPORT
 FOR A FINDING THAT HE BRINGS ABOUT OR OBTAINS A RESULT AS TO THE
 ADOPTION OF PLANS OR COURSES OF ACTION WITH REGARD TO
 CHANGES IN THE
 ACTIVITY'S FIRE PROTECTION POLICIES.  ACCORDINGLY, AS THE RECORD
 INDICATES THAT THE FIRE PROTECTION INSPECTOR, NM-09 DOES NOT
 FORMULATE,
 DETERMINE OR INFLUENCE THE ACTIVITY'S POLICIES WITHIN THE MEANING
 OF
 SECTION 7103(A)(11) OF THE STATUTE, THE AUTHORITY FINDS THAT HE IS
 NOT A
 MANAGEMENT OFFICIAL AND THEREFORE SHOULD BE INCLUDED IN THE
 UNIT FOUND
 APPROPRIATE.
 
                        ALLEGED SECURITY EXCEPTION
 
    FINALLY, THE ACTIVITY CONTENDS THAT THE CLASSIFIED MATERIAL
 SYSTEMS
 CUSTODIAN, NM-07 SHOULD BE EXCLUDED FROM THE UNIT PURSUANT TO
 SECTION
 7112(B)(6) OF THE STATUTE, WHICH REQUIRES THE EXCLUSION FROM AN
 APPROPRIATE UNIT OF "ANY EMPLOYEE ENGAGED IN INTELLIGENCE,
 COUNTERINTELLIGENCE, INVESTIGATIVE, OR SECURITY WORK WHICH
 DIRECTLY
 AFFECTS NATIONAL SECURITY . . . ." /8/ THE INCUMBENT OF THIS JOB
 CLASSIFICATION MAINTAINS A CLASSIFIED MATERIAL SYSTEM WITHIN THE
 U. S.
 NAVAL COMMUNICATIONS STATION AT THE ACTIVITY.  HE REVIEWS AND
 LOGS IN
 ALL CLASSIFIED MATERIAL UP TO AND INCLUDING "CRYPTO"
 CLASSIFICATION,
 WHICH IS A DESIGNATION HIGHER THAN "TOP SECRET." AS THE RECORD
 INDICATES
 THAT THE CLASSIFIED MATERIAL SYSTEMS CUSTODIAN, NM-07 HANDLES
 HIGHLY
 CLASSIFIED COMMUNICATIONS WHICH DIRECTLY AFFECT NATIONAL
 SECURITY, THE
 AUTHORITY FINDS THAT HE SHOULD BE EXCLUDED FROM THE UNIT
 PURSUANT TO
 SECTION 7112(B)(6) OF THE STATUTE.
 
                                CONCLUSION
 
    ACCORDINGLY, BASED ON ALL OF THE FOREGOING, THE AUTHORITY
 FINDS,
 SUBJECT TO THE RESULT OF THE SELF DETERMINATION ELECTION
 ORDERED INFRA,
 THE FOLLOWING UNIT TO BE APPROPRIATE FOR THE PURPOSES OF
 EXCLUSIVE
 RECOGNITION UNDER THE STATUTE:
 
    ALL APPROPRIATED FUND PROFESSIONAL /9/ AND NONPROFESSIONAL
 EMPLOYEES
 OF THE UNITED STATES
 
    DEPARTMENT OF THE NAVY, U.S. NAVAL STATION, LOCATED IN THE
 REPUBLIC
 OF PANAMA, EXCLUDING ALL
 
    MANAGEMENT OFFICIALS, SUPERVISORS, PERSONNEL OFFICIALS, AND
 EMPLOYEES
 AS DESCRIBED IN SECTION
 
    7112(B)(2), /10/ (3), (4), (6) AND (7) OF THE STATUTE.
 
    IT IS NOTED THAT THIS UNIT INCLUDES PROFESSIONAL EMPLOYEES. 
 PURSUANT
 TO SECTION 7112(B)(5) OF THE STATUTE, THE AUTHORITY IS PROHIBITED
 FROM
 INCLUDING PROFESSIONAL EMPLOYEES IN A UNIT WITH
 NONPROFESSIONAL
 EMPLOYEES UNLESS A MAJORITY OF THE PROFESSIONAL EMPLOYEES
 VOTE FOR
 INCLUSION IN SUCH A UNIT.  ACCORDINGLY, THE DESIRE OF THE
 PROFESSIONAL
 EMPLOYEES AS TO INCLUSION IN A UNIT WITH NONPROFESSIONAL
 EMPLOYEES MUST
 BE ASCERTAINED BY A SELF DETERMINATION ELECTION.  THE AUTHORITY,
 THEREFORE, DIRECTS SEPARATE ELECTIONS IN THE FOLLOWING
 GROUPS:
 
    VOTING GROUP (A):  ALL APPROPRIATED FUND PROFESSIONAL
 EMPLOYEES OF
 THE UNITED STATES
 
    DEPARTMENT OF THE NAVY, U.S. NAVAL STATION, LOCATED IN THE
 REPUBLIC
 OF PANAMA, EXCLUDING ALL
 
    NONPROFESSIONAL EMPLOYEES, ALL MANAGEMENT OFFICIALS,
 SUPERVISORS,
 PERSONNEL OFFICIALS, AND
 
    EMPLOYEES AS DESCRIBED IN SECTION 7112(B)(2), (3), (4), (6) AND (7)
 OF THE STATUTE.
 
    VOTING GROUP (B):  ALL APPROPRIATED FUND NONPROFESSIONAL
 EMPLOYEES OF
 THE UNITED STATES
 
    DEPARTMENT OF THE NAVY, U.S. NAVAL STATION, LOCATED IN THE
 REPUBLIC
 OF PANAMA, EXCLUDING ALL
 
    PROFESSIONAL EMPLOYEES, MANAGEMENT OFFICIALS, SUPERVISORS,
 PERSONNEL
 OFFICIALS, AND EMPLOYEES
 
    AS DESCRIBED IN SECTION 7112 (B)(2), (3), (4), (6) AND (7) OF THE
 STATUTE.
 
    THE EMPLOYEES IN VOTING GROUP (B) WILL BE POLLED AS TO
 WHETHER THEY
 DESIRE TO BE REPRESENTED BY THE PANAMA DOD EMPLOYEES
 COALITION, AFL-CIO,
 CTRP;  BY THE NATIONAL MARITIME UNION OF AMERICA, AFL-CIO;  OR BY
 NEITHER.
 
    THE EMPLOYEES IN VOTING GROUP (A) WILL BE ASKED TWO QUESTIONS
 ON
 THEIR BALLOTS:  (1) WHETHER THEY WISH TO BE INCLUDED WITH THE
 NONPROFESSIONAL EMPLOYEES FOR THE PURPOSE OF EXCLUSIVE
 RECOGNITION, AND
 (2) WHETHER THEY WISH TO BE REPRESENTED FOR THE PURPOSE OF
 EXCLUSIVE
 RECOGNITION BY THE PANAMA DOD EMPLOYEES COALITION, AFL-CIO,
 CTRP;  BY
 THE NATIONAL MARITIME UNION OF AMERICA, AFL-CIO;  OR BY NEITHER.  IN
 THE
 EVENT THAT A MAJORITY OF THE VALID VOTES IN VOTING GROUP (A) IS
 CAST IN
 FAVOR OF INCLUSION IN THE SAME UNIT WITH THE NONPROFESSIONAL
 EMPLOYEES,
 THE BALLOTS OF VOTING GROUP (A) SHALL BE COMBINED WITH THOSE OF
 VOTING
 GROUP (B).  IN THE EVENT THAT A MAJORITY OF THE VALID VOTES IN
 VOTING
 GROUP (A) IS NOT CAST FOR INCLUSION IN THE UNIT WITH
 NONPROFESSIONAL
 EMPLOYEES, THE PROFESSIONALS WILL BE TAKEN TO HAVE INDICATED
 THEIR
 DESIRE TO CONSTITUTE A SEPARATE UNIT AND AN APPROPRIATE
 CERTIFICATION
 WILL BE ISSUED INDICATING WHETHER OR NOT THESE EMPLOYEES
 DESIRE TO BE
 REPRESENTED FOR THE PURPOSE OF EXCLUSIVE RECOGNITION BY THE
 PANAMA DOD
 EMPLOYEES COALITION, AFL-CIO, CTRP;  BY THE NATIONAL MARITIME
 UNION OF
 AMERICA, AFL-CIO;  OR BY NEITHER.
 
    THUS, THE UNIT DETERMINATION HEREIN IS BASED IN PART UPON THE
 RESULT
 OF THE ELECTION AMONG THE PROFESSIONAL EMPLOYEES.  HOWEVER,
 THE
 AUTHORITY MAKES THE FOLLOWING FINDINGS WITH REGARD TO THE
 APPROPRIATE
 UNIT:
 
    1.  IF A MAJORITY OF THE PROFESSIONAL EMPLOYEES VOTE FOR
 INCLUSION IN
 THE UNIT WITH NONPROFESSIONAL EMPLOYEES, THE FOLLOWING
 EMPLOYEES
 CONSTITUTE A UNIT APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE
 RECOGNITION
 WITHIN THE MEANING OF SECTION 7112 OF THE STATUTE:
 
    ALL APPROPRIATED FUND PROFESSIONAL AND NONPROFESSIONAL
 EMPLOYEES OF
 THE UNITED STATES
 
    DEPARTMENT OF THE NAVY, LOCATED IN THE REPUBLIC OF PANAMA,
 EXCLUDING
 ALL MANAGEMENT OFFICIALS,
 
    SUPERVISORS, PERSONNEL OFFICIALS, AND EMPLOYEES AS DESCRIBED
 IN
 SECTION 7112(B)(2), (3), (4),
 
    (6) AND (7) OF THE STATUTE.
 
    2.  IF A MAJORITY OF THE PROFESSIONAL EMPLOYEES DO NOT VOTE
 FOR
 INCLUSION IN THE UNIT WITH THE NONPROFESSIONAL EMPLOYEES, THE
 FOLLOWING
 TWO GROUPS OF EMPLOYEES CONSTITUTE SEPARATE UNITS
 APPROPRIATE FOR THE
 PURPOSE OF EXCLUSIVE RECOGNITION WITHIN THE MEANING OF SECTION
 7112 OF
 THE STATUTE:
 
    (A) ALL APPROPRIATED FUND PROFESSIONAL EMPLOYEES OF THE
 UNITED STATES
 DEPARTMENT OF THE
 
    NAVY, U.S. NAVAL STATION, LOCATED IN THE REPUBLIC OF PANAMA,
 EXCLUDING ALL NONPROFESSIONAL
 
    EMPLOYEES, MANAGEMENT OFFICIALS, SUPERVISORS, PERSONNEL
 OFFICIALS,
 AND EMPLOYEES AS DESCRIBED
 
    IN SECTION 7112(B)(2), (3), (4), (6) AND (7) OF THE STATUTE.
 
    (B) ALL APPROPRIATED FUND NONPROFESSIONAL EMPLOYEES OF THE
 UNITED
 STATES DEPARTMENT OF THE
 
    NAVY, U.S. NAVAL STATION, LOCATED IN THE REPUBLIC OF PANAMA,
 EXCLUDING ALL PROFESSIONAL
 
    EMPLOYEES, MANAGEMENT OFFICIALS, SUPERVISORS, PERSONNEL
 OFFICIALS,
 AND EMPLOYEES AS DESCRIBED
 
    IN SECTION 7-12(B)(2), (3), (4), (6) AND (7) OF THE STATUTE.
 
                           DIRECTION OF ELECTION
 
    SUBJECT TO THE PREREQUISITE THAT THE NOTICE OF PETITION HEREIN
 BE
 REPOSTED PURSUANT TO SECTION 2422.4(A) OF THE AUTHORITY'S RULES
 AND
 REGULATIONS, AS INDICATED INFRA, ELECTIONS BY SECRET BALLOT
 SHALL BE
 CONDUCTED AMONG EMPLOYEES IN THE VOTING GROUPS DESCRIBED
 ABOVE AS EARLY
 AS POSSIBLE FOLLOWING THE CONCLUSION OF THE ABOVE-REFERENCED
 POSTING
 PERIOD.  THE APPROPRIATE REGIONAL DIRECTOR SHALL SUPERVISE OR
 CONDUCT,
 AS APPROPRIATE, THE ELECTIONS, SUBJECT TO THE AUTHORITY'S RULES
 AND
 REGULATIONS.  ELIGIBLE TO VOTE ARE THOSE IN THE VOTING GROUPS
 WHO WERE
 EMPLOYED DURING THE PAYROLL PERIOD IMMEDIATELY PRECEDING THE
 DATE BELOW,
 INCLUDING EMPLOYEES WHO DID NOT WORK DURING THE PERIOD
 BECAUSE THEY WERE
 OUT ILL OR ON VACATION OR FURLOUGH, INCLUDING THOSE IN THE
 MILITARY
 SERVICE WHO APPEAR IN PERSON AT THE POLLS.  INELIGIBLE TO VOTE
 ARE
 EMPLOYEES WHO HAVE QUIT OR WERE DISCHARGED FOR CAUSE SINCE
 THE
 DESIGNATED PAYROLL PERIOD AND WHO HAVE NOT BEEN REHIRED OR
 REINSTATED
 BEFORE THE ELECTION DATE.  THOSE ELIGIBLE TO VOTE WITHIN THE
 APPROPRIATE
 UNIT OR UNITS SHALL VOTE WHETHER OR NOT THEY DESIRE TO BE
 REPRESENTED
 FOR THE PURPOSE OF EXCLUSIVE RECOGNITION BY THE PANAMA DOD
 EMPLOYEES
 COALITION, AFL-CIO, CTRP;  BY THE NATIONAL MARITIME UNION OF
 AMERICA,
 AFL-CIO;  OR BY NEITHER.
 
    ISSUED, WASHINGTON, D.C., DECEMBER 31, 1981
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ THE NAME OF THE ACTIVITY APPEARS AS FORMALLY AMENDED AT
 THE
 HEARING.
 
    /2/ IN CASE NO. 6-RO-51, AFSCME LOCAL 907 FILED A PETITION SEEKING
 TO
 REPRESENT A UNIT CONSISTING OF ALL NON-U.S. CITIZEN EMPLOYEES OF
 THE
 U.S. NAVY, PANAMA, BUT MOVED TO WITHDRAW ITS PETITION AT THE
 HEARING IN
 ORDER TO JOIN WITH THE COALITION IN CASE NO. 6-RO-62 TO REPRESENT
 A UNIT
 WHICH INCLUDES SUCH EMPLOYEES.  THE MOTION FILED BY AFSCME
 LOCAL 907 TO
 WITHDRAW ITS PETITION IN CASE NO. 6-RO-51 IS HEREBY GRANTED.
 
    /3/ AMONG THOSE EXCLUDED FROM THE UNIT ARE THE EMPLOYEES OF
 THE U.S.
 NAVAL SECURITY GROUP, GALETA ISLAND, INASMUCH AS THEIR COMMAND
 IS
 SPECIFICALLY EXEMPTED FROM COVERAGE UNDER THE STATUTE BY
 EXECUTIVE ORDER
 12171.
 
    /4/ IN THIS REGARD, THE AUTHORITY NOTES THAT THE PANAMA CANAL
 ACT OF
 1979 SPECIFICALLY EXTENDED COVERAGE OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE TO, AMONG OTHERS,
 EMPLOYEES OF
 EXECUTIVE AGENCIES OPERATING IN THE AREA OF THE REPUBLIC OF
 PANAMA.
 
    /5/ THE SEVEN DISPUTED "LEADER" JOB CLASSIFICATIONS ARE: 
 ELECTRICAL
 MECHANICAL LEADER, ML-12;  GROUNDS MAINTENANCEMAN LEADER,
 ML-03;
 CARPENTER LEADER, LX-09;  CEMENT FINISHER LEADER, ML-08;  AIR
 CONDITIONING EQUIPMENT MECHANICAL LEADER, ML-10;  PEST
 CONTROLLER
 LEADER, ML-08;  AND MAINTENANCE FUEL DISTRIBUTION SYSTEMS
 LEADER, ML-08.
 
    /6/ INASMUCH AS THE RECORD CONTAINS NO EVIDENCE WITH RESPECT
 TO THE
 DUTIES PERFORMED BY THE INCUMBENTS IN THE DISPUTED POSITIONS OF
 COMPUTER
 PROGRAMMER, NM-07, SUPERVISORY SUPPLY TECHNICIAN, NM-08, AND
 ANTENNA
 MECHANIC FOREMAN, SC-09, THE AUTHORITY MAKES NO FINDING AS TO
 THE
 INCLUSION OR EXCLUSION OF SUCH POSITIONS.
 
    /7/ SECTION 7112(B)(3) OF THE STATUTE PROVIDES:
 
    SECTION 7112.  DETERMINATION OF APPROPRIATE UNITS FOR LABOR
 ORGANIZATION REPRESENTATION
 
   .          .          .          .
 
 
    (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--
 
   .          .          .          .
 
 
    (3) AN EMPLOYEE ENGAGED IN PERSONNEL WORK IN OTHER THAN A
 PURELY
 CLERICAL CAPACITY(.)
 
    /8/ THE ACTIVITY INADVERTENTLY REFERS TO SECTION 7112(B)(7) OF THE
 STATUTE, WHICH INVOLVES THE "INTERNAL SECURITY OF THE AGENCY"
 RATHER
 THAN "NATIONAL SECURITY," AS THE BASIS FOR THE EMPLOYEE'S
 EXCLUSION FROM
 THE UNIT.
 
    /9/ THE PARTIES STIPULATED THE INCUMBENTS IN THE JOB
 CLASSIFICATIONS
 OF CIVIL ENGINEER, NM-12 AND ARCHITECT