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USA Darcom Materiel Readiness, Support Activity (MRSA), Lexington, Kentucky (Activity-Petitioner) and Local 894, American Federation of Government Employees, AFL-CIO (Labor Organization)  



[ v01 p430 ]
01:0430(53)CU
The decision of the Authority follows:


 1 FLRA No. 53
 
 USA DARCOM MATERIEL READINESS
 SUPPORT ACTIVITY (MRSA),
 LEXINGTON, KENTUCKY
 Activity-Petitioner
 
 and
 
 LOCAL 894, AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO
 Labor Organization
 
                                            Assistant Secretary
                                            Case No. 41-6316(CU/AC)
 
              DECISION AND ORDER CLARIFYING UNIT AND AMENDING
                               CERTIFICATION
 
    THIS MATTER IS BEFORE THE AUTHORITY PURSUANT TO REGIONAL
 ADMINISTRATOR LEM R. BRIDGES' ORDER TRANSFERRING CASE TO THE ASSISTANT
 SECRETARY OF LABOR DATED DECEMBER 18, 1978, IN ACCORDANCE WITH SECTION
 206.5 OF THE ASSISTANT SECRETARY'S REGULATIONS.
 
    THE FUNCTIONS OF THE ASSISTANT SECRETARY OF LABOR FOR
 LABOR-MANAGEMENT RELATIONS UNDER EXECUTIVE ORDER 11491, AS AMENDED, WERE
 TRANSFERRED TO THE AUTHORITY UNDER SECTION 304 OF REORGANIZATION PLAN
 NO. 2 OF 1978 (43 F.R. 36040), WHICH TRANSFER OF FUNCTIONS IS
 IMPLEMENTED BY SECTION 2400.2 OF THE AUTHORITY'S TRANSITION RULES AND
 REGULATIONS (44 F.R. 7).  THE AUTHORITY CONTINUES TO BE RESPONSIBLE FOR
 THE PERFORMANCE OF THESE FUNCTIONS AS PROVIDED IN SECTION 7135(B) OF THE
 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (92 STAT. 1215).
 
    THEREFORE, PURSUANT TO SECTION 2400.2 OF THE AUTHORITY'S TRANSITION
 RULES AND REGULATIONS AND SECTION 7135(B) OF THE STATUTE, AND UPON
 CONSIDERATION OF THE ENTIRE RECORD IN THE SUBJECT CASE, INCLUDING THE
 PARTIES' STIPULATION OF FACTS AND ACCOMPANYING EXHIBITS, THE AUTHORITY
 FINDS:  /1/
 
    ON SEPTEMBER 11, 1975, LOCAL 894, AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO (AFGE) WAS CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE
 IN A UNIT OF ESSENTIALLY ALL PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES
 OF THE US ARMY MAINTENANCE MANAGEMENT CENTER (AMMC), LEXINGTON,
 KENTUCKY.  /2/ SUBSEQUENTLY, THE AMMC AND THE AFGE ENTERED INTO A
 NEGOTIATED AGREEMENT, WHICH WAS DUE TO EXPIRE ON FEBRUARY 19, 1979.
 PURSUANT TO A REORGANIZATION WHICH WAS EFFECTIVE JULY 1, 1977, ONE OF
 THE SIX DIVISIONS OF THE AMMC, THE TEST MEASUREMENT DIAGNOSTIC EQUIPMENT
 PRODUCT MANAGEMENT DIVISION (TMDE), WAS SEPARATED FROM THE AMMC AND
 ESTABLISHED AS AN INDEPENDENT TENANT ACTIVITY, KNOWN AS THE US ARMY
 CENTRAL TMDE ACTIVITY (CTA), AT THE LBDA.  THE ACTIVITY-PETITIONER
 CONTENDS THAT (1) THE EXISTING EXCLUSIVELY RECOGNIZED UNIT SHOULD BE
 CLARIFIED TO REFLECT THAT THE FORMER TMDE EMPLOYEES WHO NOW REPORT TO
 THE CTA ARE NO LONGER WITHIN THE CERTIFIED UNIT, AND (2) THAT THE
 CERTIFICATION OF REPRESENTATIVE SHOULD BE AMENDED TO REFLECT THE
 ACTIVITY-PETITIONER'S CURRENT DESIGNATION.  THE AFGE HAS TAKEN NO
 POSITION ON THE INSTANT PETITION.
 
    THE STIPULATED RECORD REFLECTS THAT PRIOR TO JULY 1, 1977, THE
 EFFECTIVE DATE OF THE REORGANIZATION, THE AMMC, WITH 376 UNIT EMPLOYEES,
 WAS ONE OF THREE TENANT ORGANIZATIONS AT THE LBDA.  THE OTHER TENANTS
 WERE THE QUALITY ASSURANCE FIELD ACTIVITY, WHICH HAD A SEPARATE
 AGREEMENT WITH THE AFGE, AND THE COMMUNICATIONS DETACHMENT, WHICH WAS
 UNREPRESENTED.  THE LBDA CIVILIAN PERSONNEL OFFICE (CPO) HAD A SERVICING
 AGREEMENT WITH EACH TENANT FOR THE ADMINISTRATION OF THEIR CIVILIAN
 PERSONNEL MANAGEMENT PROGRAMS.  ALL EMPLOYEES OF THE LBDA TENANTS,
 INCLUDING THOSE OF THE AMMC, WERE WITHIN THE SAME COMPETITIVE AREA FOR
 REDUCTIONS-IN-FORCE (RIF).
 
    AS NOTED ABOVE, THE AMMC WAS COMPOSED OF SIX DIVISIONS PRIOR TO THE
 REORGANIZATION, ONE OF WHICH WAS THE TMDE.  EACH DIVISION WAS UNDER THE
 DIRECTION OF A CHIEF WHO REPORTED DIRECTLY TO THE AMMC COMMANDER, AND
 THE COMMANDER REPORTED, IN TURN, TO THE DIRECTOR OF READINESS,
 HEADQUARTERS, DARCOM.  ALL DIVISION CHIEFS WERE CIVILIANS EXCEPT FOR THE
 TMDE CHIEF, WHO WAS A FULL COLONEL, AND EACH CHIEF HAD THE AUTHORITY TO
 HIRE, FIRE, DISCIPLINE AND PROMOTE.  ALL EMPLOYEES OF THE AMMC WERE
 COVERED BY THE SAME LEAVE, RETIREMENT, RIF AND PROMOTION POLICIES.
 HOWEVER, THERE WAS NO INTERCHANGE OF EMPLOYEES BETWEEN THE SIX
 DIVISIONS, NOR DID THEY SHARE DAY-TO-DAY SUPERVISION.
 
    AFTER THE REORGANIZATION, THE TMDE WAS SEPARATED FROM THE AMMC AND
 REDESIGNATED AS THE CTA, AN INDEPENDENT TENANT ACTIVITY AT THE LBDA.
 ITS CHIEF WAS ELEVATED TO THE POSITION OF COMMANDER, AND BEGAN REPORTING
 DIRECTLY TO THE DIRECTOR OF READINESS, HEADQUARTERS, DARCOM.  PRIOR TO
 THE REORGANIZATION, THE 38 EMPLOYEES OF THE TMDE HAD BEEN DIVIDED AMONG
 THREE BRANCHES LOCATED AT THE LBDA AND A TOOL AND MAINTENANCE COMMITTEE
 WHICH WAS LOCATED AT ROCK ISLAND ARSENAL, ILLINOIS.  AFTER THE
 REORGANIZATION, THE THREE EMPLOYEES ASSIGNED TO THE TOOL COMMITTEE WERE
 TRANSFERRED WITH FUNCTION TO THE ARMAMENT COMMAND IN ROCK ISLAND.  THE
 THREE BRANCHES REMAINED ESSENTIALLY UNCHANGED, WITH THE EXCEPTION THAT
 THE MANAGEMENT OF THE ARMY OIL ANALYSIS PROGRAM REMAINED A FUNCTION OF
 THE AMMC, AND THE FOUR TMDE EMPLOYEES IN THAT PROGRAM WERE TRANSFERRED
 THERETO.  ALL OTHER EMPLOYEES OF THE TMDE WERE TRANSFERRED TO THE CTA,
 AND PERFORM THE SAME DUTIES, IN THE SAME JOB CLASSIFICATIONS, UNDER THE
 SAME IMMEDIATE SUPERVISION AS PRIOR TO THE ESTABLISHMENT OF THE CTA.
 THEY ALSO REMAINED IN THE SAME GENERAL LOCATION, AND CONTINUED TO BE
 WITHIN THE SAME COMPETITIVE AREA FOR RIF'S.  THE CTA COMMANDER ENTERED
 INTO A SERVICING AGREEMENT WITH THE LBDA CPO, AUTHORIZING THE CPO TO ACT
 FOR HIM IN THE ADMINISTRATION OF THE CIVILIAN PERSONNEL MANAGEMENT
 PROGRAM, INCLUDING LABOR RELATIONS.  CERTAIN ADMINISTRATIVE SERVICES,
 SUCH AS PROCUREMENT, PROPERTY ACCOUNTING, FACILITY ENGINEERING,
 TRANSPORTATION, ETC., WHICH HAD BEEN PROVIDED BY THE AMMC TO THE TMDE
 PRIOR TO THE REORGANIZATION, WERE SUBSEQUENTLY PROVIDED TO THE CTA BY
 THE RED RIVER ARMY DEPOT (RRAD) PURSUANT TO AN INTRASERVICE SUPPORT
 AGREEMENT.  /3/ THE AMMC CONTINUED TO FURNISH SECURITY, AUTOMATIC DATA
 PROCESSING AND VISUAL COMMUNICATION SERVICES TO ITS FORMER DIVISION, NOW
 CALLED THE CTA.
 
    UNDER THE CIRCUMSTANCES OUTLINED ABOVE, AND BASED ON THE RECORD
 HEREIN, THE AUTHORITY FINDS THAT THE FORMER TMDE EMPLOYEES WHO, AS A
 RESULT OF THE REORGANIZATION, NOW REPORT TO THE CTA, HAVE REMAINED
 WITHIN THE AFGE'S EXISTING EXCLUSIVELY RECOGNIZED UNIT AND THAT THE UNIT
 REMAINS APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION.  IN THIS
 REGARD, NOTED PARTICULARLY WAS THE FACT THAT THE REORGANIZATION OF 1977
 DID NOT RESULT IN ANY CHANGE IN ESSENTIAL PERSONNEL POLICIES AND
 PRACTICES AND MATTERS AFFECTING WORKING CONDITIONS OF THE EMPLOYEES
 INVOLVED, INCLUDING THEIR PHYSICAL LOCATIONS, THEIR JOB FUNCTIONS, THEIR
 IMMEDIATE SUPERVISION, AND THEIR COMPETITIVE AREA FOR RIF'S.  THE LBDA
 CPO CONTINUES TO BE RESPONSIBLE FOR THE MANAGEMENT OF THE CIVILIAN
 PERSONNEL PROGRAMS IN THE MRSA (FORMERLY THE AMMC) AND THE CTA.
 MOREOVER, ALTHOUGH THE CTA COMMANDER IS NOW REPORTING DIRECTLY TO THE
 DIRECTOR OF READINESS, HEADQUARTERS, DARCOM RATHER THAN FIRST THROUGH
 THE COMMANDER OF THE MRSA, THERE HAS BEEN NO CHANGE IN THE
 ORGANIZATIONAL COMMAND UNDER WHICH BOTH THE CTA AND THE MRSA ARE
 ENCOMPASSED.  THUS, THE TWO COMMANDS CONTINUE TO REPORT TO THE SAME
 ORGANIZATIONAL COMMAND AND CONTINUE TO BE SERVICED BY THE SAME CPO.
 ACCORDINGLY, THE AUTHORITY FINDS THAT THE EMPLOYEES OF THE CTA CONTINUE
 TO SHARE A SEPARATE AND DISTINCT COMMUNITY OF INTEREST WITH THE
 EMPLOYEES OF THE MRSA, AND THAT THEIR CONTINUED INCLUSION IN THE
 CERTIFIED UNIT WILL PROMOTE EFFECTIVE DEALINGS AND EFFICIENCY OF AGENCY
 OPERATIONS.  FURTHERMORE, IN THE AUTHORITY'S VIEW, THE EXCLUSION OF THE
 CTA EMPLOYEES FROM THE EXISTING EXCLUSIVELY RECOGNIZED UNIT WOULD RESULT
 IN UNNECESSARY UNIT FRAGMENTATION.  /4/ THEREFORE, THE AUTHORITY SHALL
 CLARIFY THE UNIT TO REFLECT THAT THE CTA EMPLOYEES HAVE REMAINED WITHIN
 THE RECOGNIZED UNIT, AND AMEND THE CERTIFICATION TO REFLECT THAT UNIT'S
 CURRENT DESIGNATION.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED HEREIN, FOR
 WHICH LOCAL 894, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO,
 WAS ACCORDED RECOGNITION AS THE EXCLUSIVE BARGAINING REPRESENTATIVE ON
 SEPTEMBER 11, 1975, BE, AND IT HEREBY IS, CLARIFIED TO INCLUDE IN SAID
 UNIT THE EMPLOYEES OF THE US ARMY CENTRAL TEST MEASUREMENT DIAGNOSTIC
 EQUIPMENT ACTIVITY, LEXINGTON, KENTUCKY.
 
    IT IS FURTHER ORDERED THAT THE CERTIFICATION OF REPRESENTATIVE ISSUED
 ON SEPTEMBER 11, 1975, TO LOCAL 894, AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, BE, AND IT HEREBY IS, AMENDED BY CHANGING THE
 DESIGNATION OF THE UNIT FROM "EMPLOYEES OF THE US ARMY MAINTENANCE
 MANAGEMENT CENTER, LEXINGTON, KY" TO "EMPLOYEES OF THE US ARMY DARCOM
 MATERIEL READINESS SUPPORT ACTIVITY AND THE US ARMY CENTRAL TEST
 MEASUREMENT DIAGNOSTIC EQUIPMENT ACTIVITY, LEXINGTON, KY."
 
    ISSUED, WASHINGTON, D.C., JUNE 11, 1979
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
                          CASE NO. 41-6316(CU/AC)
 
                           STIPULATION OF FACTS
 
    ON 1 MAY 1969, THE AFGE WAS GRANTED EXCLUSIVE RECOGNITION UNDER
 EXECUTIVE ORDER 10988 FOR ALL CLASSIFICATION ACT AND WAGE GRADE
 NON-SUPERVISORY, NON-MANAGERIAL AND NON-PROFESSIONAL EMPLOYEES IN THE US
 ARMY MATERIEL COMMAND (USAMC) LOGISTIC DATA CENTER, WHICH WAS A TENANT
 ACTIVITY OF THE LEXINGTON-BLUE GRASS ARMY DEPOT, LEXINGTON, KENTUCKY
 (EXH A).
 
    ON 30 JUNE 1973, THE US AMC LOGISTIC DATA CENTER, LEXINGTON,
 KENTUCKY, WAS DISCONTINUED, AS WERE THE US ARMY MAINTENANCE BOARD, FT.
 KNOX, KENTUCKY;  THE AMC MAINTENANCE SUPPORT CENTER, CHAMBERBURG, PA;
 AND THE AMC TEST, MEASUREMENT, DIAGNOSTIC EQUIPMENT MECHANICAL
 COORDINATING OFFICE, ROCK ISLAND, ILLINOIS.  ON 1 JULY 1973, THE AMMC
 WAS ESTABLISHED AT LEXINGTON-BLUE GRASS ARMY DEPOT TO REPLACE THE FOUR
 DISCONTINUED ACTIVITIES.
 
    ON 1 APRIL 1974, THE AFGE FILED AN AC PETITION (41-3603) TO CHANGE
 THE NAME OF ITS RECOGNIZED UNIT.  THE ASSISTANT REGIONAL DIRECTOR FOUND
 THAT THE REORGANIZATION RESULTED IN THE CREATION OF A NEW ORGANIZATION
 WITH MAJOR PERSONNEL CHANGES, FUNCTIONS, MISSION, ALL OF WHICH MILITATED
 AGAINST THE GRANTING OF AN AMENDMENT OF RECOGNITION (EXH B).
 
    ON 1 JULY 1975, THE AFGE FILED AN RO PETITION.  AN ELECTION WAS HELD
 ON 3 SEPTEMBER 1975.  A CERTIFICATION OF REPRESENTATION WAS ISSUED ON 11
 SEPTEMBER 1975, CERTIFYING THE AFGE AS THE EXCLUSIVE REPRESENTATIVE OF
 THE FOLLOWING UNIT (EXH C).
 
    INCLUDED:  ALL PROFESSIONAL AND NON-PROFESSIONAL EMPLOYEES OF THE US
 ARMY MAINTENANCE
 
    MANAGEMENT CENTER, LEXINGTON, KENTUCKY.
 
    EXCLUDED:  ALL MANAGEMENT OFFICIALS, EMPLOYEES ENGAGED IN FEDERAL
 PERSONNEL WORK IN OTHER
 
    THAN A PURELY CLERICAL CAPACITY AND SUPERVISORS AS DEFINED IN THE
 ORDER.
 
    ON 14 SEPTEMBER 1978, THE MRSA FILED A CU PETITION (EXH D) TO:
 
    (A) CHANGE THE NAME OF THE ACTIVITY
 
    FROM:  US ARMY MAINTENANCE MANAGEMENT CENTER (AMMC)
 
    TO:  US ARMY DARCOM MATERIAL READINESS SUPPORT ACTIVITY
 
    (B) EXCLUDE EMPLOYEES OF THE USA CENTRAL TEST MEASUREMENT DIAGNOSTIC
 EQUIPMENT ACTIVITY
 
    (USACTA), FORMERLY THE TEST MEASUREMENT DIAGNOSTIC EQUIPMENT (TMDE)
 PRODUCT MANAGEMENT
 
    DIVISION OF THE AMMC.
 
    AN AMENDED PETITION CORRECTING THE UNIT DESCRIPTION WAS FILED ON 27
 SEPTEMBER 1978 (EXH E).
 
    IN LIEU OF HEARING, THE PARTIES AGREED, SUBJECT TO THE APPROVAL OF
 THE REGIONAL ADMINISTRATOR, LMSA, TO SUBMIT A STIPULATION OF FACTS TO
 THE ASSISTANT SECRETARY OF LABOR-MANAGEMENT RELATIONS.
 
    ACCORDINGLY, THE PARTIES STIPULATE THAT:
 
    1.  AS OF 30 JUNE 1977, THE AMMC CONSISTED OF SIX DIVISIONS:  (1)
 PROGRAMS AND SERVICES
 
    DIVISION, (2) MAINTENANCE DIVISION, (3) READINESS DIVISION, (4)
 MANAGEMENT INFORMATION SYSTEM
 
    DIVISION, (5) SUPPLY DIVISION, (6) TEST MEASUREMENT DIAGNOSTIC
 EQUIPMENT (TMDE) PRODUCT
 
    MANAGEMENT DIVISION, (EXH F). AFTER 1 JULY 1977 THE TMDE DIVISION WAS
 EXCLUDED (EXH K).
 
    2.  AS OF 30 JUNE 1977, EACH DIVISION WAS UNDER THE DIRECTION OF A
 DIVISION CHIEF WHO
 
    REPORTED DIRECTLY TO THE AMMC COMMANDER.  THE AMMC COMMANDER REPORTED
 TO DIRECTOR FOR
 
    READINESS, HEADQUARTERS, US ARMY MATERIEL DEVELOPMENT AND READINESS
 COMMAND (DARCOM).  ALL
 
    DIVISION CHIEFS WERE CIVILIANS EXCEPT FOR THE TMDE DIVISION, WHOSE
 CHIEF WAS A FULL COLONEL.
 
    3.  THE AMMC, AS OF 30 JUNE 1977, EMPLOYED APPROXIMATELY 373 GENERAL
 SCHEDULE AND 3 WAGE
 
    GRADE EMPLOYEES (WAGE GRADE EMPLOYEES IN PROGRAM & SERVICES DIV).
 
    4.  AS OF 30 JUNE 1977, AMMC WAS A TENANT ORGANIZATION, AND ALL
 EMPLOYEES WERE SERVICED BY
 
    THE CIVILIAN PERSONNEL OFFICE, LEXINGTON-BLUE GRASS DEPOT ACTIVITY
 (LBDA).
 
    ALL EMPLOYEES WERE COVERED BY THE SAME LEAVE, RETIREMENT, RIF AND
 PROMOTION POLICIES AS OF
 
    30 JUNE 1977.
 
    EACH DIVISION CHIEF, AS OF 30 JUNE 1977, HAD THE AUTHORITY TO HIRE,
 FIRE, DISCIPLINE AND
 
    PROMOTE.
 
    5.  AS OF 30 JUNE 1977, THE TYPES OF EMPLOYEES IN THE AMMC WERE
 COMPUTER SYSTEMS ANALYSTS,
 
    COMPUTER OPERATORS, KEY PUNCH OPERATORS, DATA PROCESSING CLERKS,
 MAINTENANCE SYSTEMS ANALYSTS,
 
    CLERICAL PERSONNEL, EQUIPMENT SPECIALISTS, TECHNICAL PUBLICATION
 SPECIALISTS, WRITERS,
 
    CHEMISTS, ILLUSTRATORS, SUPPLY ANALYSTS, COMPTROLLER ANALYSTS,
 GENERAL ENGINEERS.
 
    6.  THE MISSION OF THE AMMC, AS OF 30 JUNE 1977, WAS TO SERVE AS A
 USER ORIENTED FIELD
 
    OPERATING ACTIVITY TO EVALUATE THE READINESS OF MATERIEL AND THE
 MAINTENANCE AND SUPPLY
 
    SUPPORT PROVIDED BY DARCOM TO THE ARMY IN THE FIELD, MANAGE SELECTED
 DEPARTMENT OF ARMY
 
    PROGRAMS;  AND TO PROVIDE ASSISTANCE IN THE EXECUTION OF THE
 FUNCTIONAL RESPONSIBILITIES OF
 
    DEPUTY COMMANDING GENERAL, MATERIEL READINESS, DARCOM.
 
    7.  THE MISSION OF TMDE WAS TO PROVIDE CENTRALIZED MANAGEMENT OF THE
 ARMY-WIDE TEST,
 
    MEASUREMENT AND DIAGNOSTIC EQUIPMENT PROGRAM;  TO CHAIR THE TOOL AND
 MAINTENANCE EQUIPMENT
 
    COMMITTEE;  TO PERFORM DARCOM TMDE MANAGEMENT FUNCTIONS AND MANAGE
 THE ARMY OIL ANALYSIS
 
    PROGRAM.
 
    8.  THE TMDE PRODUCTS DIVISION EMPLOYED 38 PERSONS.  EMPLOYEE
 CATEGORIES WERE PROGRAM
 
    MANAGER, GENERAL ENGINEERS, PROGRAM ANALYSTS, MAINTENANCE MANAGEMENT
 OFFICERS, EQUIPMENT
 
    SPECIALISTS, DATA SPECIALISTS, SECRETARIES, STENOGRAPHERS AND
 CHEMIST.
 
    9.  AS OF 30 JUNE 1977, EMPLOYEES OF THE 6 DIVISIONS OF AMMC DID NOT
 SHARE DAY-TO-DATE
 
    SUPERVISION NOR WERE THEY INTERCHANGEABLE.
 
    10.  AS OF 30 JUNE 1977, PROFESSIONAL AND CAREER EMPLOYEES (EXCLUDING
 CLERICAL,
 
    SECRETARIAL, KEY PUNCH, DATA EDITOR) WERE NOT ASSIGNED OR DETAILED TO
 DIVISIONS OTHER THAN THE
 
    ONE IN WHICH THEY WERE HIRED.
 
    11.  THE TMDE CONSISTED OF TOOL AND MAINTENANCE EQUIPMENT COMMITTEE
 LOCATED AT ROCK ISLAND
 
    ARSENAL, ILL (3 CIVILIAN EMPLOYEES).  POLICY AND REQUIREMENT BRANCH,
 PROGRAM MANAGEMENT AND
 
    EVALUATION BRANCH, AND THE TECHNICAL APPLICATION AND PRODUCTS BRANCH
 (EXH F).
 
    12.  ON 11 APRIL 1977, THE AMMC WAS ADVISED THAT EFFECTIVE 1 JULY
 1977 THE TMDE WOULD BE
 
    ESTABLISHED AS A SEPARATE ACTIVITY (EXH G).
 
    13.  EFFECTIVE 1 JULY 1977, THE TMDE BECAME KNOWN AS THE US ARMY
 CENTRAL TMDE ACTIVITY
 
    (CTA).
 
    14.  THE CTA WAS PLACED UNDER OPERATIONAL CONTROL OF THE DIRECTOR OF
 READINESS, HQ, DARCOM.
 
    15.  THE MISSION OF THE CTA IS TO PROVIDE CENTRALIZED LIFE CYCLE
 MANAGEMENT OF THE
 
    ARMY-WIDE TEST MEASUREMENT AND DIAGNOSTIC EQUIPMENT PROGRAM (EXH H).
 
    16.  EFFECTIVE 1 OCTOBER 1977, THE CTA BECAME FULLY FUNCTIONAL AS A
 SEPARATE ACTIVITY WITH
 
    THE COMMANDER (FULL COLONEL) REPORTING DIRECTLY TO THE DIRECTOR OF
 READINESS, HQ, DARCOM.
 
    17.  ON 1 OCTOBER 1977, THE THREE CIVILIAN EMPLOYEES ASSIGNED TO THE
 TOOL COMMITTEE AND
 
    LOCATED AT ROCK ISLAND, ILLINOIS WERE TRANSFERRED WITH FUNCTION TO
 ARMAMENT COMMAND, ROCK
 
    ISLAND, ILLINOIS.  THE THREE BRANCHES REMAINED UNCHANGED.
 
    18.  ON 1 OCTOBER 1977, FOUR EMPLOYEES PERFORMING THE OIL ANALYSIS
 PROGRAM WERE TRANSFERRED
 
    FROM THE FORMER TMDE DIVISION TO AMMC.
 
    19.  EMPLOYEE CATEGORIES OF THE TMDE WERE PROGRAM MANAGER, GENERAL
 ENGINEERS, PROGRAM
 
    ANALYST, MAINTENANCE MANAGEMENT OFFICERS, EQUIPMENT SPECIALIST, DATA
 SPECIALISTS, SECRETARIES,
 
    STENOGRAPHERS AND CHEMIST.  AFTER THE ESTABLISHMENT OF CTA AS A
 SEPARATE ACTIVITY THE JOB
 
    CATEGORIES REMAINED THE SAME EXCEPT FOR THE EXCLUSION OF CHEMIST.
 
    20.  CTA EMPLOYED 34 CIVILIAN EMPLOYEES.  EMPLOYEES OF THE CTA ARE
 PERFORMING THE SAME JOB
 
    TASKS AND FUNCTIONS IN THE SAME CLASSIFICATIONS, UNDER THE SAME
 DAY-TO-DAY SUPERVISION THAT
 
    EXISTED UNDER TMDE.
 
    21. ON 1 JULY 1977, THE COMMANDER, CTA, SIGNED AN AGREEMENT
 AUTHORIZING THE CIVILIAN
 
    PERSONNEL OFFICE, LBDA, TO ACT FOR HIM IN THE ADMINISTRATION OF THE
 CIVILIAN PERSONNEL
 
    MANAGEMENT PROGRAM (EXH I).  THIS INCLUDES RECRUITMENT, HIRING,
 PROMOTION, POSITION
 
    CLASSIFICATION, PAY MANAGEMENT, SUGGESTION PROGRAM, TRAINING,
 MAINTENANCE OF PERSONNEL FILE
 
    AND LABOR RELATIONS.
 
    22.  THE CTA, THE USAMMC AND ALL OTHER (2) TENANT ACTIVITIES OF THE
 LEXINGTON-BLUE GRASS
 
    DEPOT ACTIVITY ARE WITHIN A SINGLE COMPETITIVE AREA OF CONSIDERATION
 FOR
 
    REDUCTION-IN-FORCE.  (THE LEXINGTON-BLUE GRASS DEPOT ACTIVITY IS IN A
 SEPARATE COMPETITIVE
 
    AREA FROM TENANTS).  SINCE THERE WAS NO CHANGE IN COMPETITIVE AREA,
 NO TRANSFER OF FUNCTION
 
    ACTION WAS REQUIRED.
 
    23.  THE CIVILIAN PERSONNEL OFFICE, LEXINGTON-BLUE GRASS DEPOT
 ACTIVITY, HAS A SEPARATE
 
    SERVICING AGREEMENT WITH AMMC AND ALL OTHER TENANT ACTIVITIES OF THE
 ACTIVITY.  THE TENANTS
 
    ARE AMMC, CTA, QUALITY ASSURANCE FIELD ACTIVITY, AND COMMUNICATIONS
 DETACHMENT.  THE AFGE,
 
    LOCAL 894, HAS SEPARATE AGREEMENTS WITH AMMC AND QUALITY ASSURANCE.
 (COMMUNICATIONS DET IS
 
    UNREPRESENTED).
 
    24.  EFFECTIVE 1 JULY 1977, UNDER THE PROVISION OF AN INTRASERVICE
 SUPPORT AGREEMENT, THE
 
    AMMC CONTINUED TO PROVIDE SECURITY, AUTOMATIC DATA PROCESSING AND
 VISUAL COMMUNICATION SERVICE
 
    TO THE CTA.
 
    25.  PRIOR TO 1 JULY 1977, THE AMMC PROVIDED ADMINISTRATIVE OFFICE
 SPACE, FINANCE AND
 
    ACCOUNTING, PROCUREMENT, PROPERTY ACCOUNTING, POLICY PROTECTION,
 FACILITY ENGINEERING,
 
    TRANSPORTATION ETC.  AFTER 1 JULY 1977, THE SERVICES WERE PROVIDED
 PURSUANT TO AN INTRASERVICE
 
    SUPPORT AGREEMENT WITH THE RED RIVER ARMY DEPOT, (RRAD), TEXARKANA,
 TEXAS.  THE LEXINGTON-BLUE
 
    GRASS DEPOT ACTIVITY IS A PART OF RED RIVER ARMY DEPOT.
 
    26.  RRAD PROVIDES THE ABOVE SERVICES TO ALL TENANTS OF, AND THE
 LEXINGTON-BLUE GRASS DEPOT
 
    ACTIVITY.
 
    27.  EFFECTIVE FEBRUARY 1978, THE CTA MOVED FROM BUILDING 4B TO 4F.
 4B AND 4F ARE IN THE
 
    SAME WAREHOUSE.  THE DISTANCE FROM 4B TO 4F IS APPROXIMATELY 300
 FEET.
 
    28.  BY DARCOM PERMANENT ORDER 96-2 DATED 5 DECEMBER 1977 (EXH J),
 THE AMMC WAS ADVISED
 
    THAT, EFFECTIVE 3 OCTOBER 1977, IT WAS REDESIGNATED THE US ARMY
 DARCOM MATERIEL READINESS
 
    SUPPORT ACTIVITY (MRSA).  THE CHANGE IN DESIGNATION HAD NO EFFECT ON
 THE NUMBER OF EMPLOYEES,
 
    THEIR JOB FUNCTIONS, TITLES, CLASSIFICATIONS, SUPERVISION, LOCATION
 (BLDG 4A THROUGH 4E), OR
 
    PERSONNEL POLICIES, PRACTICES OR WORKING CONDITIONS.  SIMILARLY, IT
 DID NOT AFFECT THE
 
    MISSION, STRUCTURE, OR CHAIN OF COMMAND.
 
    THE PARTIES REQUEST THE ASSISTANT SECRETARY TO DETERMINE WHETHER
 EMPLOYEES OF THE USA CENTRAL TEST MEASUREMENT DIAGNOSTIC EQUIPMENT
 ACTIVITY (USACTA) SHOULD REMAIN IN THE EXISTING UNIT.
 
    THE PARTIES FURTHER REQUEST THE ASSISTANT SECRETARY TO AMEND THE
 CERTIFICATION TO CONFORM WITH THE EXISTING CIRCUMSTANCES.
 
                           GERALD W. KIRKLIGHTER
 
                                  COL, FA
 
                   FOR US ARMY DARCOM MATERIEL READINESS
 
                             SUPPORT ACTIVITY
 
                             KENNETH L. SHAVE
 
                                  COL, OD
 
                   FOR US ARMY CENTRAL TEST MEASUREMENT
 
                       DIAGNOSTIC EQUIPMENT ACTIVITY
 
                              LUTHER D. SAPP
 
                   FOR LOCAL ROA AMERICAN FEDERATION OF
 
                           GOVERNMENT EMPLOYEES
 
                               SERVICE SHEET
 
    COL GERALD W. KIRKLIGHTER
 
    COMMANDER
 
    USA DARCOM MATERIEL READINESS SUPPORT ACTIVITY
 
    LEXINGTON, KENTUCKY 40511
 
    COL KENNETH L. SHAVE
 
    COMMANDER
 
    USA CENTRAL TEST MEASUREMENT DIAGNOSTIC EQUIPMENT ACTIVITY
 
    LEXINGTON, KENTUCKY 40511
 
    MR. HARVEY A. HELM
 
    CIVILIAN PERSONNEL OFFICER
 
    LEXINGTON-BLUE GRASS DEPOT ACTIVITY
 
    LEXINGTON, KENTUCKY 40511
 
    MR. LUTHER D. SAPP
 
    PRESIDENT, AFGE LOCAL 894
 
    514 DOBBIN DRIVE, BOX 444
 
    PARIS, KENTUCKY 40361
 
                                 EXHIBITS
 
    A.  COPY OF RECOGNITION
 
    B.  REPORT & FINDINGS 41-3603(AC)
 
    C.  SEPT 11, 1975 CERTIFICATION
 
    D.  THE PETITION
 
    E.  THE AMENDED PETITION
 
    F.  ORGANIZATION CHART OF AMMC, FEB 1977
 
    G.  DARCOM LETTER OF 11 APRIL 1977
 
    H.  MISSION STATEMENT OF CTA
 
    I.  INTRASERVICE SUPPORT AGREEMENT WITH CPO
 
    J.  DARCOM ORDER 96-2
 
    K.  ORGANIZATION CHART OF AMMC, 1 JULY 1977
 
    /1/ IN CONFORMITY WITH SECTION 902(B) OF THE CIVIL SERVICE REFORM ACT
 OF 1978 (92 STAT. 1224), THE PRESENT CASE IS DECIDED SOLELY ON THE BASIS
 OF E.O. 11491, AS AMENDED, AND AS IF THE NEW FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE (92 STAT. 1191) HAD NOT BEEN ENACTED.
  THE DECISION AND ORDER DOES NOT PREJUDGE IN ANY MANNER EITHER THE
 MEANING OR APPLICATION OF RELATED PROVISIONS IN THE NEW STATUTE OR THE
 RESULT WHICH WOULD BE REACHED BY THE AUTHORITY IF THE CASE HAD ARISEN
 UNDER THE STATUTE RATHER THAN THE EXECUTIVE ORDER.
 
    /2/ THE AMMC WAS A TENANT ACTIVITY AT THE LEXINGTON-BLUE GRASS DEPOT
 ACTIVITY (LBDA).  ON DECEMBER 5, 1977, THE AMMC WAS REDESIGNATED AS THE
 US ARMY DARCOM MATERIEL READINESS SUPPORT ACTIVITY (MRSA).
 
    /3/ THE RRAD, WHICH ENCOMPASSES THE LBDA, PROVIDES SAID SERVICES TO
 THE LBDA AND EACH OF ITS TENANTS.
 
    /4/ SEE, NAVAL AEROSPACE AND REGIONAL MEDICAL CENTER, PENSACOLA,
 FLORIDA, 6 A/SLMR 46, A/SLMR NO. 603, 4 FLRC 370, FLRC NO. 76A-18
 (1976).