08:0684(118)CU - Army, Dugway Proving Ground, Dugway, UT and NAGE Local R14-62 -- 1982 FLRAdec RP



[ v08 p684 ]
08:0684(118)CU
The decision of the Authority follows:


 8 FLRA No. 118
 
 U.S. ARMY, DUGWAY PROVING GROUND
 DUGWAY, UTAH
 Activity/Petitioner /1/
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCAL R14-62
 Labor Organization /2/
 
                                            Case No. 7-CU-29
 
        DECISION AND ORDER ON PETITION FOR CLARIFICATION OF OF UNIT
 
    UPON A PETITION DULY FILED UNDER SECTION 7111(B)(2) OF THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (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 THIS CASE, INCLUDING THE BRIEF OF THE
 NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCAL R14-62, (NAGE), THE
 AUTHORITY FINDS:
 
    THE ACTIVITY-PETITIONER SEEKS TO CLARIFY THE EXISTING UNIT OF ALL
 GENERAL SCHEDULE NONSUPERVISORY PROFESSIONAL EMPLOYEES AT DUGWAY
 PROVING
 GROUND, /3/ REPRESENTED EXCLUSIVELY BY THE NAGE, TO EXCLUDE 26 POSITIONS
 AS EITHER MANAGEMENT OFFICIALS OR SUPERVISORS.  /4/ THE NAGE TAKES THE
 POSITION THAT THE EMPLOYEES IN QUESTION ARE NEITHER SUPERVISORS NOR
 MANAGEMENT OFFICIALS AS DEFINED IN SECTION 7103(A)(10) AND (11) OF THE
 STATUTE RESPECTIVELY, /5/ AND, THEREFORE, SHOULD NOT BE EXCLUDED FROM
 THE BARGAINING UNIT.
 
    THE PRIMARY MISSION OF THE ACTIVITY IS TO TEST CHEMICAL AND
 BIOLOGICAL AGENTS AND WEAPON SYSTEMS, AND TO PERFORM RESEARCH AND
 DEVELOPMENT OF METHODS, INSTRUMENTATION AND OTHER REQUIREMENTS NEEDED
 TO
 PERFORM THESE TESTS.  IN ACCOMPLISHING THIS MISSION, THE ACTIVITY
 EMPLOYS, AMONG OTHERS, VARIOUS EMPLOYEES WITH EXTENSIVE SCIENTIFIC OR
 TECHNICAL BACKGROUNDS.  ALL OF THE EMPLOYEES IN QUESTION FALL INTO THESE
 TWO CATEGORIES.  THE RECORD REFLECTS THAT ALL ARE CONSIDERED EXPERTS IN
 THEIR SCIENTIFIC OR TECHNICAL AREAS OF EXPERTISE, AND THEIR WORK IN
 PERFORMING THE ACTIVITY'S MISSION GENERALLY ENDS UP IN PUBLISHED FORM
 EITHER INTERNALLY WITHIN THE DEPARTMENT OF DEFENSE OR IN SCIENTIFIC
 JOURNALS.
 
    WITH EXCEPTION OF FOUR POSITIONS LOCATED IN OTHER DIRECTORATES,
 DISCUSSED SEPARATELY BELOW, THE POSITIONS IN QUESTION HEREIN ARE FOUND
 IN THE MATERIAL TEST DIRECTORATE, THE ACTIVITY'S BASIC OPERATIONAL
 SEGMENT.  THESE POSITIONS FALL INTO TWO CATEGORIES, THOSE WHICH THE
 ACTIVITY CONTENDS ARE BOTH MANAGEMENT OFFICIALS AND SUPERVISORS AND
 THOSE WHICH THE ACTIVITY CONTENDS ARE SOLELY MANAGEMENT OFFICIALS.  /6/
 THE FOLLOWING INCUMBENTS FALL WITHIN THE FIRST CATEGORY:
 
    WILLIAM B. BROWN, MATHEMATICIAN-STATISTICIAN, GS-1529-13,
 
    JOB NUMBER 1717.
 
    KENNETH S. CHINN, RESEARCH CHEMIST, GS-1320-13, JOB
 
    NUMBER 1702.
 
    DAVID A. GAUTHIER, BIOLOGIST, GS-0401-13, JOB NUMBER
 
    1473.
 
    MARTIN A. HOULE, CHEMIST, GS-1320-13, JOB NUMBER 2086.
 
    CURTIS JONES, PHYSICAL SCIENTIST, GS-1301-13, JOB NUMBER
 
    1713.
 
    DALE F. KING, BIOLOGIST, GS-0401-13, JOB NUMBER 1473.
 
    JOHN E. MEIKLE, RESEARCH CHEMIST, GS-1320-13, JOB NUMBER
 
    1702.
 
    JEWEL MORTENSON, CHEMIST, GS-1320-13, JOB NUMBER 1191.
 
    CARLOS F. A. PINKHAM, ZOOLOGIST, GS-0410-13, JOB NUMBER
 
    1363.
 
    GARY I. RESNICK, MICROBIOLOGIST, GS-0403-13, JOB NUMBER
 
    2040.
 
    MERAN A. SMITH, MICROBIOLOGIST, GS-0403-13, JOB NUMBER
 
    2040.
 
    GARY L. SUTTEN, MATHEMATICIAN-STATISTICIAN, GS-1529-13,
 
    JOB NUMBER 1717.
 
    WILBERT TAYLOR, PHYSICAL SCIENTIST, GS-1301-13, JOB
 
    NUMBER 1713.
 
    CONSIDERING FIRST THE QUESTION OF THE ABOVE-NOTED INCUMBENTS' ALLEGED
 SUPERVISORY STATUS, THE AUTHORITY CONCLUDES THAT NONE OF THEM OCCUPIES A
 SUPERVISORY POSITION WITHIN THE MEANING OF SECTION 7103(A)(10) OF THE
 STATUTE.  THUS, THE RECORD REFLECTS THAT NONE OF THE INCUMBENTS HAS ANY
 EMPLOYEE OF THE ACTIVITY PERMANENTLY UNDER HIS DIRECTION, AND EACH
 INCUMBENT REPORTS UPWARDS TO THE HEAD OF THE DIRECTORATE THROUGH BOTH A
 BRANCH AND A DIVISION CHIEF.  /7/ WHILE ALL OF THE INCUMBENTS SPEND A
 PORTION OF THEIR TIME AS PROJECT LEADERS OR TEST OFFICERS, DURING WHICH
 TIME THEY MAY HAVE FROM 2 TO 30 OF THE ACTIVITY'S EMPLOYEES UNDER THEIR
 TECHNICAL DIRECTION, THE RECORD ESTABLISHES THAT SUCH TECHNICAL
 DIRECTION IS MERELY ROUTINE IN NATURE AND DOES NOT REQUIRE THE EXERCISE
 OF INDEPENDENT JUDGMENT.  THUS, ALL EMPLOYEES ON A PROJECT OR TEST
 RECEIVE THEIR ASSIGNMENTS THROUGH THE CHAIN OF COMMAND AND CONTINUE TO
 REPORT TO THEIR TEAM OR BRANCH CHIEF WHO RETAINS THE AUTHORITY TO GRANT
 LEAVE.  MOREOVER, THE WORK ON A PROJECT OR TEST IS PERFORMED IN A
 COLLEGIAL ATMOSPHERE IN WHICH AN INDIVIDUAL'S SCIENTIFIC EXPERTISE IS
 PARAMOUNT.  THUS, THE AUTHORITY OF PROJECT OR TEST LEADERS TO DIRECT
 EMPLOYEES ASSIGNED IS LIMITED TO THE TECHNICAL CONDUCT OF THE PROJECT OR
 TEST;  ANY QUESTIONS OF DISCIPLINE, REWARDS, OR OVERTIME ARE NOT WITHIN
 THE LEADERS' DISCRETION.  ACCORDINGLY, AS THE INCUMBENTS EXERCISE NONE
 OF THE INDICIA OF SUPERVISORY STATUS, THEY SHALL NOT BE EXCLUDED FROM
 THE UNIT AS SUPERVISORS.  /8/
 
    THE INCUMBENTS' ALLEGED STATUS AS MANAGEMENT OFFICIALS SHALL BE
 CONSIDERED TOGETHER WITH THE SECOND CATEGORY OF INCUMBENTS, SET FORTH
 IMMEDIATELY BELOW, WHO ARE ALSO ALLEGED TO BE MANAGEMENT OFFICIALS:
 
    PAUL I. HOWARD, MATHEMATICIAN-STATISTICIAN, GS-1529-13,
 
    JOB NUMBER 1485.
 
    DUANE E. LONG, RESEARCH CHEMIST, GS-1320-13, JOB NUMBER
 
    1881.
 
    EDWARD RENGERS, RESEARCH METEOROLOGIST, GS-1340-13, JOB
 
    NUMBER 1757.
 
    WILLIAM H. ROSE, OPERATIONS RESEARCH ANALYST,
 
    GS-1515-13, JOB NUMBER 1539.
 
    RONALD D. STRICKLETT, OPERATIONS RESEARCH ANALYST,
 
    GS-1515-13, JOB NUMBER 1539.
 
    THE AUTHORITY CONCLUDES THAT NONE OF THE INCUMBENTS OF POSITIONS IN
 EITHER CATEGORY IS A MANAGEMENT OFFICIAL INASMUCH AS SUCH INCUMBENTS DO
 NOT "FORMULATE, DETERMINE, OR INFLUENCE THE POLICIES OF THE (ACTIVITY)"
 WITHIN THE MEANING OF SECTION 7103(A)(11) OF THE STATUTE, AS INTERPRETED
 BY THE AUTHORITY.  /9/ THUS, ALL OF THE INCUMBENTS WORK AS EXPERTS IN
 THEIR FIELDS AND THEIR WORK, WHILE GENERALLY LEFT UNCHANGED, IS
 PERFORMED IN CONFORMANCE WITH THE ACTIVITY'S ESTABLISHED GUIDELINES FOR
 RESEARCH AND TESTING.  THEIR RESEARCH WORK IS GENERALLY ASSIGNED FROM
 ABOVE, AND, ALTHOUGH ANY OF THE INCUMBENTS' RESEARCH WORK MAY LEAD TO
 MAJOR SCIENTIFIC PROJECTS OR TESTS LATER UNDERTAKEN BY THE ACTIVITY,
 SUCH RESEARCH WORK MUST FALL WITHIN THE ACTIVITY'S PREDETERMINED MISSION
 AND IS SUBJECT TO SEVERAL LAYERS OF REVIEW-- INCLUDING REVIEW BY HIGHER
 LEVELS WITHIN THE DEPARTMENT OF DEFENSE-- BEFORE THE ACTIVITY WILL
 UNDERTAKE THE PROJECT OR TEST.  THEREFORE, THE INCUMBENTS DO NOT
 FORMULATE OR DETERMINE THE POLICIES OF THE ACTIVITY.  RATHER, THEIR
 INFLUENCE IS LIMITED TO THAT OF EXPERTS OR PROFESSIONALS RENDERING
 ADVICE AND DOES NOT RISE TO THE LEVEL OF BRINGING ABOUT OR OBTAINING A
 RESULT AS TO THE ADOPTION OF GENERAL PRINCIPLES, PLANS OR COURSES OF
 ACTION FOR THE ACTIVITY.  /10/
 
    ACCORDINGLY, THE AUTHORITY CONCLUDES THAT ALL OF THE POSITIONS NOTED
 ABOVE SHOULD BE INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT.
 
    THE ACTIVITY ALSO SEEKS TO EXCLUDE FROM THE EXCLUSIVELY RECOGNIZED
 UNIT, AS MANAGEMENT OFFICIALS, THE INCUMBENTS OF THE FOLLOWING POSITIONS
 LOCATED IN THE PLANS AND OPERATIONS DIRECTORATE OF THE ACTIVITY:
 
    ERNEST H. BUHLMAN, PHYSICAL SCIENTIST, GS-1301-14, JOB
 
    NUMBER 726.
 
    ELLIOT G. PETERSON, PHYSICIST, GS-1301-14, JOB NUMBER
 
    1716.
 
    VICTOR PRATT, GENERAL ENGINEER, GS-0801-14, JOB NUMBER
 
    1720.
 
    THE AUTHORITY FINDS THAT THE POSITION ENCUMBERED BY ERNEST BUHLMAN IS
 NOT THAT OF A MANAGEMENT OFFICIAL WITHIN THE MEANING OF SECTION
 7103(A)(11) OF THE STATUTE INASMUCH AS THE INCUMBENT DOES NOT FORMULATE,
 DETERMINE, OR INFLUENCE POLICIES OF THE ACTIVITY.  THUS, UNDER THE
 DIRECTORATE CHIEF'S SUPERVISION, HE PRIMARILY SERVES AS THE COORDINATOR
 OF PROJECTS ASSIGNED FROM HIGHER LEVELS OF THE DEPARTMENT OF DEFENSE AND
 OF PROJECTS ORIGINATING AT THE ACTIVITY LEVEL.  IN THIS REGARD, HE IS
 RESPONSIBLE FOR COORDINATING THE ACTIVITY'S FIVE YEAR PLAN AND, IN
 ACCOMPLISHING THIS RESPONSIBILITY, HE CHAIRS A COMMITTEE STAFFED WITH
 REPRESENTATIVES OF THE VARIOUS ACTIVITY DIRECTORATES.  ALTHOUGH HIS
 RECOMMENDATIONS ARE CONSIDERED BY THE COMMITTEE, HE SERVES AS A
 NONVOTING MEMBER, AND THE COMMANDING OFFICER AND THE SCIENTIFIC DIRECTOR
 MAKE THE DETERMINATIONS AS TO THE ACTIVITY'S FINAL COMMITMENT REGARDING
 RESEARCH AND TESTING.  THEREFORE, THE INCUMBENT NEITHER FORMULATES NOR
 DETERMINES THE ACTIVITY'S POLICIES.  RATHER, HIS INFLUENCE IS LIMITED TO
 THAT OF RENDERING PROFESSIONAL ADVICE AND OF COORDINATING THE POLICIES
 SET BY OTHERS.  ACCORDINGLY, THE INCUMBENT SHALL BE INCLUDED IN THE
 EXCLUSIVE UNIT.
 
    FURTHER, THE AUTHORITY FINDS THAT THE POSITION ENCUMBERED BY ELLIOT
 PETERSON IS NOT THAT OF A MANAGEMENT OFFICIAL WITHIN THE MEANING OF
 SECTION 7103(A)(11) OF THE STATUTE INASMUCH AS THE INCUMBENT DOES NOT
 FORMULATE, DETERMINE, OR INFLUENCE THE ACTIVITY'S POLICY.  PETERSON HAS
 TWO MAJOR RESPONSIBILITIES, BOTH OF WHICH INVOLVE PRIMARILY COORDINATION
 ACTIVITIES.  THUS, THE INCUMBENT SERVES AS THE ACTIVITY'S REPRESENTATIVE
 WITH THE STATES OF UTAH AND COLORADO REGARDING THE ACTIVITY'S USE OF
 TEST RANGES.  IN ADDITION, HE COORDINATES THE ACTIVITY'S PURCHASE OF NEW
 INSTRUMENTATION FOR USE IN TESTING.  NEITHER OF THESE RESPONSIBILITIES
 INVOLVES THE FORMULATION, DETERMINATION, OR INFLUENCING OF THE
 ACTIVITY'S POLICIES.  WITH RESPECT TO COORDINATION OF PURCHASING, THE
 INCUMBENT'S RESPONSIBILITIES INVOLVE COORDINATION OF THE POLICIES
 DEVELOPED BY OTHERS, AND THEREFORE HE DOES NOT BRING ABOUT OR OBTAIN
 RESULTS WITH RESPECT TO THE ADOPTION OF GENERAL PRINCIPLES, PLANS OR
 COURSES OF ACTION FOR THE ACTIVITY.  /11/ ACCORDINGLY, THE INCUMBENT
 SHALL BE INCLUDED IN THE EXCLUSIVE UNIT.
 
    THE AUTHORITY ALSO FINDS THAT VICTOR PRATT'S POSITION IS NOT THAT OF
 A MANAGEMENT OFFICIAL WITHIN THE MEANING OF SECTION 7103(A)(11) OF THE
 STATUTE INASMUCH AS HE DOES NOT FORMULATE, DETERMINE, OR INFLUENCE THE
 ACTIVITY'S POLICY.  THUS, THE INCUMBENT SERVES PRIMARILY AS THE
 ACTIVITY'S EXPERT WITH RESPECT TO ENVIRONMENTAL REGULATIONS,
 PARTICULARLY THOSE OF THE ENVIRONMENTAL PROTECTION AGENCY.  HE ADVISES
 THE COMMANDER IN THIS AREA AND SERVES AS THE COMMANDER'S REPRESENTATIVE
 ON ACTIVITY COMMITTEES DEVOTED TO COORDINATING ONGOING PROJECTS AND
 TESTS WITH RESPECT TO THEIR ENVIRONMENTAL EFFECTS.  HE NEITHER
 FORMULATES NOR DETERMINES THE ACTIVITY'S ENVIRONMENTAL POLICY, AND HIS
 INFLUENCE IS LIMITED TO THAT OF AN EXPERT RENDERING ADVICE WITH RESPECT
 TO THE REGULATIONS INVOLVED.  ACCORDINGLY, THE INCUMBENT SHALL BE
 INCLUDED IN THE EXCLUSIVE UNIT.
 
    FINALLY, THE ACTIVITY SEEKS TO EXCLUDE AS BOTH A MANAGEMENT OFFICIAL
 AND SUPERVISOR THE POSITION ENCUMBERED BY BRUCE WILSON, OPERATIONS
 RESEARCH ANALYST, GS-1515-13, JOB NUMBER 1717, IN THE DIRECTORATE FOR
 MANAGEMENT INFORMATION SYSTEMS.  WILSON PERFORMS ACTIVITY-WIDE COMPUTER
 SERVICES, AS WELL AS THE ACTIVITY'S DATA PROCESSING FUNCTION.  THE
 POSITION IS LOCATED IN THE DIRECTORATE'S ADP SYSTEMS DIVISION.
 
    THE AUTHORITY FINDS THAT WILSON'S POSITION IS NEITHER THAT OF A
 SUPERVISOR NOR OF A MANAGEMENT OFFICIAL WITHIN THE MEANING OF SECTION
 7103(A)(10) AND (11) OF THE STATUTE (SUPRA N. 5.) THUS, THE INCUMBENT
 PRIMARILY IS RESPONSIBLE FOR PROVIDING COMPUTER PROGRAMMING ASSISTANCE
 TO THE ACTIVITY'S ONGOING PROJECTS AS ASSIGNED OR REQUESTED, AND SERVES
 AS AN INTERFACE BETWEEN THE PROGRAM AND THE COMPUTER PERSONNEL
 RESPONSIBLE FOR DEVELOPING THOSE PROGRAMS.  IN SOME CASES HE MAY ACT AS
 A TEAM LEADER, HAVING TECHNICAL DIRECTION OVER SEVERAL EMPLOYEES.
 HOWEVER, AS WITH THE ABOVE-NOTED PROJECT LEADERS AND TEST OFFICERS FOUND
 NOT TO BE SUPERVISORS, WILSON HAS NO ADMINISTRATIVE CONTROL OVER
 EMPLOYEES ASSIGNED TO HIS TEAM, AND THE TECHNICAL DIRECTION GIVEN BY HIM
 TO THOSE ASSIGNED IS OF A ROUTINE NATURE AND NOT REQUIRING THE USE OF
 INDEPENDENT JUDGMENT.  SUCH DIRECTION IS GIVEN IN A COLLEGIAL ATMOSPHERE
 WHEREIN TEAM MEMBERS GENERALLY WORK "WITH" RATHER THAN "FOR" THEIR TEAM
 LEADER.  MOREOVER, ALL WORK PERFORMED BY THE INCUMBENT, WHETHER ON HIS
 OWN OR AS PART OF A TEAM, MUST BE IN CONFORMANCE WITH THE ACTIVITY'S
 OVERALL POLICIES.  THEREFORE, HE SERVICES SOLELY AS AN EXPERT PERFORMING
 ASSIGNED FUNCTIONS AND DOES NOT FORMULATE, DETERMINE, OR INFLUENCE THE
 ACTIVITY'S POLICY.  ACCORDINGLY, THE INCUMBENT SHALL BE INCLUDED IN THE
 EXCLUSIVE UNIT.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE PETITION IN CASE NO. 7-CU-29, SEEKING
 TO CLARIFY THE UNIT REPRESENTED EXCLUSIVELY BY THE NATIONAL ASSOCIATION
 OF GOVERNMENT EMPLOYEES, LOCAL R14-62, TO EXCLUDE CERTAIN EMPLOYEES AS
 SUPERVISORS OR MANAGEMENT OFFICIALS, BE, AND IT HEREBY IS, DISMISSED IN
 ITS ENTIRETY.
 
    ISSUED, WASHINGTON, D.C., MAY 20, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ THE NAME OF THE ACTIVITY-PETITIONER APPEARS AS AMENDED AT THE
 HEARING.
 
    /2/ THE NAME OF THE INCUMBENT LABOR ORGANIZATION APPEARS AS AMENDED
 AT THE HEARING.
 
    /3/ THE PETITION ALSO SOUGHT TO AMEND THE CERTIFICATION TO CHANGE THE
 NAME OF THE ACTIVITY TO THAT SET FORTH IN THE CAPTION.  NOTING THE
 PARTIES' STIPULATION IN THIS REGARD, THE AUTHORITY HEREBY AMENDS THE
 CERTIFICATION AS REQUESTED.
 
    /4/ THE PARTIES STIPULATED AS TO THE SUPERVISORY STATUS OF A 26TH
 POSITION LISTED IN THE PETITION INASMUCH AS THE EMPLOYEE HAD BEEN
 PROMOTED TO TEAM LEADER.
 
    /5/ SEC. 7103.  DEFINITIONS;  APPLICATION
 
    (A) FOR THE PURPOSES 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
 INDEPENDENT JUDGMENT . . . ;
 
    (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(.)
 
    /6/ THE FOLLOWING POSITIONS WERE VACANT AT THE TIME OF THE HEARING:
 JOB NUMBER 1713, PHYSICAL SCIENTIST, GS-1301-13;  JOB NUMBER 579,
 MICROBIOLOGIST, GS-0403-13;  JOB NUMBER 2062, BIOLOGICAL SCIENTIST,
 GS-0401-13;  AND JOB NUMBER 1700, BIOLOGICAL SCIENTIST, GS-0401-13.
 UNDER THESE CIRCUMSTANCES, THE AUTHORITY WILL NOT RESOLVE THE ISSUES
 REGARDING THESE POSITIONS.  SEE DEPARTMEN