Department of the Air Force Headquarters, 24th Combat Support Group (TAC) Panama (Activity) and Panama DOD Employees Coalition, CTRP (AFSCME Local 907; AFGE Local 14; AFGE Local 1805)(Petitioner) and National Maritime Union of America (Intervenor); Department of the Air Force, 1202 Postal Squadron, Panama City, Panama (Activity) and American Federation of Government Employees, American Federation of Government Employees, Local 14 (Petitioner) and National Maritime Union of America, AFL-CIO (Intervenor)

 



[ v07 p499 ]
07:0499(75)RO
The decision of the Authority follows:


 7 FLRA No. 75
 
 DEPARTMENT OF THE AIR FORCE HQ,
 24TH COMBAT SUPPORT GROUP (TAC) 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-52
 
 
 DEPARTMENT OF THE AIR FORCE
 1202 POSTAL SQUADRON
 PANAMA CITY, PANAMA
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 14
 Petitioner
 
 and
 
 NATIONAL MARITIME UNION OF
 AMERICA, AFL-CIO
 Intervenor
                                            Case No. 6-RO-56 /1/
 
                    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, /2/ A HEARING WAS HELD BEFORE A HEARING OFFICER OF THE
 AUTHORITY.  THE AUTHORITY WAS HELD 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-52, AMERICAN
 FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO,
 LOCAL 907,
 CTRP (AFSCME LOCAL 907), MOVED TO AMEND ITS PETITION TO CHANGE
 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 INITIAL PETITION 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 (DOD) EMPLOYEES IN THE CANAL ZONE.  THE THREE ARE
 AFSCME LOCAL
 907;  AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO,
 LOCAL 14
 (AFGE LOCAL 14);  AND AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES,
 AFL-CIO, LOCAL 1805 (AFGE LOCAL 1805).  THE STATED PURPOSE OF THE
 COALITION IS TO SECURE COLLECTIVE BARGAINING RIGHTS FOR ALL
 EMPLOYEES OF
 DOD AGENCIES OPERATING IN THE REPUBLIC OF PANAMA AND TO
 IMPROVE THEIR
 WAGES, HOURS, AND CONDITIONS OF EMPLOYMENT.
 
    THE AUTHORITY VIEWS THE MOTION OF AFSCME LOCAL 907 AS A
 PRE-ELECTION
 STATEMENT OF INTENT TO PERMIT TWO OTHER AFL-CIO UNIONS TO
 JOINTLY SEEK
 CERTIFICATION WITH IT.  UNDER THESE CIRCUMSTANCES, THE MOTION OF
 AFSCME
 LOCAL 907 TO CHANGE THE NAME OF THE PETITIONER IS GRANTED.  /3/ IN
 GRANTING THE MOTION, HOWEVER, THE AUTHORITY SHALL ORDER THAT
 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.  THUS,
 THE
 EMPLOYEES WILL HAVE PRE-ELECTION KNOWLEDGE OF THE PETITIONER'S
 INTENTION
 REGARDING JOINT CERTIFICATION AND WILL BE ABLE TO VOTE
 ACCORDINGLY.
 
    THE PARTIES STIPULATED AT THE HEARING TO AMEND THE PETITIONED
 FOR
 UNIT TO EXPAND ITS SCOPE TO ENCOMPASS ALL "APPROPRIATED FUND
 PROFESSIONAL AND NON-PROFESSIONAL EMPLOYEES OF ALL TACTICAL
 AIR COMMAND
 (TAC) UNITS AND ALL NON-TAC TENANT UNITS OF THE UNITED STATES AIR
 FORCE
 IN THE REPUBLIC OF PANAMA," EXCLUDING ALL MANAGEMENT OFFICIALS
 AND
 EMPLOYEES AS DEFINED IN 5 U.S.C. 7112(B)(2), (3), (4), (6) AND (7) OF
 THE STATUTE.  THE PARTIES ARE IN AGREEMENT AND THE AUTHORITY
 FINDS,
 SUBJECT TO THE RESULTS OF THE SELF-DETERMINATION ELECTION
 ORDERED INFRA,
 THAT THIS UNIT IS APPROPRIATE.  /4/
 
    THE PARTIES STIPULATED, AND IN VIEW OF THE FACT THAT NO
 EVIDENCE WAS
 PRESENTED TO THE CONTRARY, THE AUTHORITY FINDS THAT THE
 INCUMBENTS IN
 THE POSITIONS LISTED IN APPENDIX A SHOULD BE EXCLUDED FROM THE
 UNIT
 BECAUSE THEY ARE MANAGEMENT OFFICALS WITHIN THE MEANING OF
 SECTION
 7103(A)(11) OF THE STATUTE.  /5/ THE PARTIES STIPULATED, AND IN VIEW
 OF
 THE FACT THAT NO EVIDENCE WAS PRESENTED TO THE CONTRARY, THE
 AUTHORITY
 FINDS THAT THE POSITIONS LISTED IN APPENDIX B SHOULD BE EXCLUDED
 FROM
 THE UNIT /6/ BECAUSE THEY ARE SUPERVISORY POSITIONS WITHIN THE
 MEANING
 OF SECTION 7103(A)(10) OF THE STATUTE.  /7/
 
    FURTHER, THE PARTIES STIPULATED, AND IN VIEW OF THE FACT THAT
 NO
 EVIDENCE WAS PRESENTED TO THE CONTRARY, THE AUTHORITY FINDS
 THAT THE
 POSITIONS LISTED IN APPENDIX C SHOULD BE EXCLUDED FROM THE UNIT
 BECAUSE
 THEY ARE ENGAGED IN PERSONNEL WORK IN OTHER THAN A PURELY
 CLERICAL
 CAPACITY WITHIN THE MEANING OF SECTION 7112(B)(3) OF THE STATUTE. 
 /8/
 
    THE PARTIES ALSO STIPULATED, AND IN VIEW OF THE FACT THAT NO
 EVIDENCE
 WAS PRESENTED TO THE CONTRARY, THE AUTHORITY FINDS THAT THE
 INCUMBENTS
 IN THE POSITIONS LISTED IN APPENDIX D SHOULD BE EXCLUDED FROM
 THE UNIT
 BECAUSE THEY ARE CONFIDENTIAL EMPLOYEES WITHIN THE MEANING OF
 SECTION
 7103(A)(13) OF THE STATUTE.  /9/
 
    FINALLY, THE PARTIES STIPULATED, AND IN VIEW OF THE FACT THAT NO
 EVIDENCE WAS PRESENTED TO THE CONTRARY, THE AUTHORITY FINDS
 THAT THE
 POSITION OCCUPIED BY INCUMBENT KAREN J. TAMEZ, NM-318-05,
 SECRETARY,
 OFFICE OF SPECIAL INVESTIGATIONS, SHOULD BE EXCLUDED FROM THE
 UNIT AS
 SHE IS ENGAGED IN INTELLIGENCE, COUNTERINTELLIGENCE,
 INVESTIGATIVE, OR
 SECURITY WORK WHICH DIRECTLY AFFECTS NATIONAL SECURITY WITHIN
 THE
 MEANING OF SECTION 7112(B)(6) OF THE STATUTE.  /10/
 
    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 PURPOSE OF
 EXCLUSIVE
 RECOGNITION UNDER THE STATUTE:
 
    ALL APPROPRIATED FUND PROFESSIONAL AND NON-PROFESSIONAL
 EMPLOYEES OF
 ALL TACTICAL AIR
 
    COMMAND (TAC) UNITS AND ALL NON-TAC TENANT UNIS OF THE UNITED
 STATES
 AIR FORCE IN THE PANAMA,
 
    EXCLUDING ALL MANAGEMENT OFFICIALS, SUPERVISORS, AND
 EMPLOYEES AS
 DESCRIBED IN SECTION
 
    7112(B)(2), (3), (4), (6) AND (7) OF THE STATUTE.
 
    IT IS NOTED THAT THIS UNIT INCLUDES PROFESSIONAL EMPLOYEES. 
 THE
 PARTIES STIPULATED, AND IN VIEW THAT NO EVIDENCE WAS PRESENTED
 TO THE
 CONTRARY, THE AUTHORITY FINDS THE POSITIONS LISTED IN APPENDIX E
 ARE
 PROFESSIONAL EMPLOYEES WITHIN THE MEANING OF SECTION 7103(A)(15)
 OF THE
 STATUTE.  /11/
 
    AS PRESCRIBED BY SECTION 7112(B)(5) OF THE STATUTE, THE
 AUTHORITY IS
 PROHIBITED FROM INCLUDING PROFESSIONAL EMPLOYEES IN A UNIT WITH
 NON-PROFESSIONAL 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
 NON-PROFESSIONAL EMPLOYEES MUST BE ASCERTAINED BY A
 SELF-DETERMINATION
 ELECTION.  THE AUTHORITY, THEREFORE, DIRECTS SEPARATE ELECTIONS
 IN THE
 FOLLOWING GROUPS:
 
    (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 DISTINGUISHED
 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 A
 PROFESSIONAL EMPLOYEE
 DESCRIBED IN SUBPARAGRAPH (A) OF THIS PARAGRAPH(.)
 
    VOTING GROUP (A):  ALL APPROPRIATED FUND PROFESSIONAL
 EMPLOYEES OF
 ALL TACTICAL AIR COMMAND
 
    (TAC) UNITS AND ALL NON-TAC TENANT UNITS OF THE UNITED STATES
 AIR
 FORCE IN THE REPUBLIC OF
 
    PANAMA, EXCLUDING ALL NON-PROFESSIONAL EMPLOYEES,
 MANAGEMENT
 OFFICIALS, SUPERVISORS, AND
 
    EMPLOYEES AS DESCRIBED IN SECTION 7112(B)(2), (3), (4), (6) AND (7)
 OF THE STATUTE.
 
    VOTING GROUP (B):  ALL APPROPRIATED FUND NON-PROFESSIONAL
 EMPLOYEES
 OF ALL TACTICAL AIR
 
    COMMAND (TAC) UNITS AND ALL NON-TAC TENANT UNITS OF THE UNITED
 STATES
 AIR FORCE IN THE
 
    REPUBLIC OF PANAMA, EXCLUDING ALL PROFESSIONAL EMPLOYEES,
 MANAGEMENT
 OFFICIALS, SUPERVISORS,
 
    AND EMPLOYEES AS DESCRIBED IN SECTION 7112(B)(2), (3), (4), (6) AND
 (7) OF THE STATUTE.
 
    THE EMPLOYEES IN THE NON-PROFESSIONAL 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 THE PROFESSIONAL VOTING GROUP (A) WILL BE
 ASKED TWO
 QUESTIONS ON THEIR BALLOTS:  (1) WHETHER THEY WISH TO BE
 INCLUDED WITH
 THE NON-PROFESSIONAL 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 NON-PROFESSIONAL
 EMPLOYEES,
 THE BALLOTS OF VOTING GROUP (A) SHALL BE COMBINED WITH THOSE OF
 VOTING
 GROUP (B).
 
    UNLESS A MAJORITY OF THE VALID VOTES OF VOTING GROUP (A) IS
 CAST FOR
 INCLUSION IN THE UNIT WITH NON-PROFESSIONAL EMPLOYEES, THEY WILL
 BE
 TAKEN TO HAVE INDICATED THEIR DESIRE TO CONSTITUTE A SEPARATE
 UNIT, AND
 AN APPROPRIATE CERTIFICATION WILL BE ISSUED INDICATING THEIR
 CHOICE 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 IN THIS CASE IS BASED IN PART UPON
 THE
 RESULT OF THE ELECTION AMONG THE PROFESSIONAL EMPLOYEES.  IN
 THIS
 REGARD, 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 NON-PROFESSIONAL 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 NON-PROFESSIONAL
 EMPLOYEES OF
 ALL TACTICAL AIR
 
    COMMAND (TAC) UNITS AND ALL NON-TAC TENANT UNITS OF THE UNITED
 STATES
 AIR FORCE IN THE
 
    REPUBLIC OF PANAMA, EXCLUDING ALL MANAGEMENT OFFICIALS,
 SUPERVISORS,
 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 DOES NOT VOTE
 FOR
 INCLUSION IN A UNIT WITH NON-PROFESSIONAL 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 ALL
 TACTICAL AIR
 COMMAND (TAC) UNITS
 
    AND ALL NON-TAC TENANT UNITS OF THE UNITED STATES AIR FORCE IN
 THE
 REPUBLIC OF PANAMA,
 
    EXCLUDING ALL NON-PROFESSIONAL EMPLOYEES, MANAGEMENT
 OFFICIALS,
 SUPERVISORS, AND EMPLOYEES AS
 
    DESCRIBED IN SECTION 7112(B)(2), (3), (4), (6) AND (7) OF THE
 STATUTE.
 
    (B) ALL APPROPRIATED FUND NON-PROFESSIONAL EMPLOYEES OF ALL
 TACTICAL
 AIR COMMAND (TAC)
 
    UNITS AND ALL NON-TAC TENANT UNITS OF THE UNITED STATES AIR
 FORCE IN
 THE REPUBLIC OF PANAMA,
 
    EXCLUDING ALL PROFESSIONAL EMPLOYEES, MANAGEMENT OFFICIALS,
 SUPERVISORS, AND EMPLOYEES AS
 
    DESCRIBED IN SECTION 7112(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, ELECTIONS BY SECRET BALLOT SHALL BE CONDUCTED
 AMONG
 EMPLOYEES IN THE VOTING GROUPS DESCRIBED ABOVE, AS SOON 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 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.
 
    ISSUES, WASHINGTON, D.C., DECEMBER 31, 1981
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
                     APPENDIX A - MANAGEMENT OFFICIALS
 
 (TABLE OMITTED)
 
                    APPENDIX B - SUPERVISORY POSITIONS
 
 (TABLE OMITTED)
 
                        APPENDIX C - PERSONNEL WORK
 
 (TABLE OMITTED)
 
                    APPENDIX D - CONFIDENTIAL EMPLOYEES
 
 (TABLE OMITTED)
 
                    APPENDIX E - PROFESSIONAL POSITIONS
 
 (TABLE OMITTED)
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ AT THE HEARING, THE PETITIONER IN CASE NO. 6-RO-56, THE
 AMERICAN
 FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 14 (AFGE),
 MOVED TO
 HAVE ITS PETITION WITHDRAWN BECAUSE IT IS A MEMBER OF THE NEWLY
 FORMED
 COALITION IN CASE NO. 6-RO-52 AND THE AMENDED PETITION IN THAT
 CASE
 ENCOMPASSES ITS PETITIONED FOR UNIT. THE ACTIVITY AND INTERVENOR
 HAD NO
 OBJECTIONS TO THE MOTION TO WITHDRAW.  THE AUTHORITY HEREBY
 GRANTS
 AFGE'S MOTION TO WITHDRAW ITS PETITION IN CASE NO. 6-RO-56.
 
    /2/ IN THIS REGARD, IT IS NOTED 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.
 
    /3/ DEFENSE MAPPING AGENCY, INTER-AMERICAN GEODETIC SURVEY, 5
 FLRA
 NO. 85(1981).
 
    /4/ SECTION 7112(A)(1) OF THE STATUTE PROVIDES:
 
    SECTION 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 THE DETERMINATION WILL
 ENSURE A
 CLEAR AND IDENTIFIABLE COMMUNITY OF INTEREST AMONG THE
 EMPLOYEES IN THE
 UNIT AND WILL PROMOTE EFFECTIVE DEALINGS WITH, AND EFFICIENCY OF
 THE
 OPERATIONS OF, THE AGENCY INVOLVED.
 
    /5/ SECTION 7103(A)(11).  DEFINITIONS;  APPLICATION
 
    (A) FOR THE PURPOSE OF THIS CHAPTER--
 
   .          .          .          .
 
 
    (1) "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(.)
 
    (6) THE PARTIES WERE NOT IN AGREEMENT WHETHER GUILLERMO E.
 CONEO AND
 JOSEPH LEWIS BOTH NM-1101-06, BOWLING ALLEY MANAGERS OR JEROME
 BOYCE AND
 WILLIAM A.  FORTH BOTH OPEN MESS ASSISTANT MANAGERS ARE
 SUPERVISORS
 WITHIN THE MEANING OF SECTION 7103(A)(10).  THERE IS INSUFFICIENT
 EVIDENCE IN THE RECORD FOR THE AUTHORITY TO MAKE A
 DETERMINATION WITH
 REGARD TO THESE INDIVIDUALS.  THEREFORE, IN VIEW OF THE FACT
 THESE
 POSITIONS INVOLVE ONLY FOUR INCUMBENTS, THE AUTHORITY VIEWS
 RESOLUTION
 OF THE ISSUE OF THEIR STATUS 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.
 
    SECTION 2422.18 OF THE AUTHORITY'S RULES AND REGULATIONS
 PROVIDES:
 
    SECTION 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.
 
    FURTHER, ANY QUESTION REMAINING AFTER CERTIFICATION OF ANY
 UNIT MAY
 BE RESOLVED BY THE PARTIES THROUGH THE FILING OF A CLARIFICATION
 OF UNIT
 PETITION.
 
    SECTION 2422.1(D) OF THE AUTHORITY'S RULES AND REGULATIONS
 PROVIDES:
 
    SECTION 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.
 
    /7/ SECTION 7103(A)(10). DEFINITIONS;  APPLICATION
 
    (A) FOR THE PURPOSE OF THIS CHAPTER--
 
    .  .  .  .
 
    (10) "SUPERVISOR" MEANS 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 INDEPEND