Veterans Administration Medical Center, Brooklyn, N.Y. (Activity) and Veterans Administration Local No. One, an Affiliate of the Committee of Interns and Residents, an Affiliate of Physicians National Housestaff Association (Petitioner)

 8 FLRA No. 69
 
 VETERANS ADMINSTRATION MEDICAL CENTER,
 BROOKLYN, NEW YORK
 Activity
 
 and
 
 VETERANS ADMINISTRATION LOCAL NO. ONE,
 AN AFFILIATE OF THE COMMITTEE OF INTERNS
 AND RESIDENTS, AN AFFILIATE OF PHYSICIANS
 NATIONAL HOUSESTAFF ASSOCIATION
 Petitioner /1/
 
                                            Case No. 2-RO-16
 
                    DECISION AND DIRECTION OF ELECTION
 
    UPON A PETITION DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
 UNDER SECTION 7111(B)(1)(A) 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.  /2/
 
    UPON THE ENTIRE RECORD IN THIS CASE AND IN CASE NO. 8-RO-2, LONG
 BEACH VETERANS ADMINISTRATION MEDICAL CENTER, SUPRA, INCLUDING THE
 POST-HEARING BRIEFS FILED BY THE PARTIES AND THE AMICUS CURIAE, /3/ THE
 AUTHORITY FINDS:
 
    THE PETITIONER, VETERANS ADMINISTRATION LOCAL NO. ONE, AN AFFILIATE
 OF THE COMMITTEE OF INTERNS AND RESIDENTS, AN AFFILIATE OF THE
 PHYSICIANS NATIONAL HOUSESTAFF ASSOCIATION, SEEKS AN ELECTION IN A UNIT
 OF ALL "INTERNS, RESIDENTS AND FELLOWS (COLLECTIVELY KNOWN AS HOUSE
 STAFF OFFICERS)" /4/ PAID BY THE VETERANS ADMINISTRATION MEDICAL CENTER,
 BROOKLYN, NEW YORK (THE ACTIVITY), EXCLUDING ALL OTHER EMPLOYEES IN
 ADDITION TO THE STATUTORY EXCLUSIONS.  THE ACTIVITY AND THE AMICUS
 CURIAE CONTEND THAT THE PETITION SHOULD BE DISMISSED, IN ESSENCE,
 BECAUSE:  (1) THE PETITIONED-FOR MEDICAL INTERNS, RESIDENTS, AND FELLOWS
 ARE NOT "EMPLOYEES" WITHIN THE MEANING OF SECTION 7103(A)(2) OF THE
 STATUTE;  AND (2) THE PETITIONED-FOR UNIT IS NOT APPROPRIATE FOR
 EXCLUSIVE RECOGNITION WITHIN THE MEANING OF SECTION 7112(A)(1) AND (B)
 OF THE STATUTE.  /5/
 
    THE ACTIVITY IS A LARGE MEDICAL CENTER WITHIN THE DEPARTMENT OF
 MEDICINE AND SURGERY, WHICH IS A MAJOR SUBDIVISION WITHIN THE VETERANS
 ADMINISTRATION (AGENCY).  THE ACTIVITY IS UNDER THE OVERALL SUPERVISOR
 OF A MEDICAL CENTER DIRECTOR.  THE ACTIVITY'S PROFESSIONAL SERVICES ARE
 UNDER ITS CHIEF OF STAFF.  THE PROFESSIONAL SERVICES ARE EACH HEADED BY
 A FULL-TIME CHIEF OF SERVICE AND INCLUDE, FOR EXAMPLE, ANESTHESIOLOGY,
 MEDICAL, PSYCHIATRY, RADIOLOGY, AND SURGERY.
 
    THE PETITIONED-FOR MEDICAL INTERNS, RESIDENTS, AND FELLOWS ARE
 PHYSICIANS WHO HAVE COMPLETED THE FOUR YEAR COURSE OF STUDY AT A MEDICAL
 SCHOOL ("UNDERGRADUATE MEDICAL EDUCATION"), HAVE BEEN AWARDED THE DOCTOR
 OF MEDICINE DEGREE, AND HAVE CHOSEN TO PURSUE GRADUATE MEDICAL TRAINING
 IN VARIOUS SPECIALTY FIELDS.  ALMOST ALL PHYSICIANS UPON RECEIVING THE
 DOCTOR OF MEDICINE DEGREE ENGAGE THEMSELVES IN GRADUATE MEDICAL TRAINING
 PROGRAMS, AND MOST OF THESE PHYSICIANS ARE IN PROGRAMS IN TEACHING
 HOSPITALS (SUCH AS THE ACTIVITY) THAT ARE ASSOCIATED WITH A MEDICAL
 SCHOOL.
 
    AS NOTED IN LONG BEACH VETERANS ADMINISTRATION MEDICAL CENTER, SUPRA,
 THE ACTIVITY'S AUTHORITY TO APPOINT HOUSE STAFF IS CONTAINED IN 38
 U.S.C. SEC. 4114(B)(1) (1976), AND ITS GENERAL AUTHORITY TO CONDUCT
 GRADUATE MEDICAL TRAINING PROGRAMS IS FOUND IN THE AGENCY'S STATUTORY
 MANDATE UNDER 38 U.S.C. SECS. 4101(A) AND (B) (1976).
 
    GRADUATE MEDICAL TRAINING PROGRAMS, OR "RESIDENCY PROGRAMS" MAY BE
 ORGANIZED AND DESIGNATED AS:  (1) INDEPENDENT (INTRAMURAL) -- A PROGRAM
 CONDUCTED WITHIN A SINGLE INSTITUTION (THE ASSIGNMENT OF RESIDENTS IS
 LIMITED TO THAT INSTITUTION);  (2) AFFILIATED -- WHEN TWO OR MORE
 INSTITUTIONS DEVELOP FORMAL AGREEMENTS AND CONJOINT RESPONSIBILITIES TO
 PROVIDE COMPLEMENTARY FACILITIES, TEACHING STAFF, AND TEACHING SESSIONS;
  AND (3) INTEGRATED -- WHEN A SINGLE PROGRAM DIRECTOR ASSUMES THE
 RESPONSIBILITY FOR A RESIDENCY PROGRAM INVOLVING MORE THAN ONE
 INSTITUTION, AND IS RESPONSIBLE FOR ALL APPOINTMENTS OF THE RESIDENTS
 AND OF THE TEACHING STAFF.  THE ACTIVITY OFFERS ONLY INDEPENDENT AND
 INTEGRATED RESIDENCY PROGRAMS.  THE ACTIVITY'S INTEGRATION ARRANGEMENTS
 ARE WITH THE DOWNSTATE MEDICAL CENTER OF THE STATE UNIVERSITY OF NEW
 YORK (DOWNSTATE).  ALTHOUGH THE HOUSE STAFF WHO DO ROTATE TO AND FROM
 THE ACTIVITY MAY GO TO HOSPITALS AND MEDICAL CENTERS OTHER THAN
 DOWNSTATE, THE ACTIVITY'S "MEMORANDUM OF AFFILIATION" AND "DEANS
 COMMITTEE" ARRANGEMENTS ARE WITH DOWNSTATE.
 
    THE ACTIVITY AND DOWNSTATE ARE PARTIES TO A "MEMORANDUM OF
 AFFILIATION," THE TERMS OF WHICH PROVIDE THAT DOWNSTATE WILL PARTICIPATE
 THROUGH THE ACTIVITY'S DIRECTOR AND THE STAFF OF "CONSULTING AND
 ATTENDING SPECIALISTS" (PHYSICIANS HIRED BY THE AGENCY ON A FEE BASIS
 WHO HOLD FACULTY APPOINTMENTS AT DOWNSTATE) IN THE SUPERVISION OF THE
 EDUCATION AND TRAINING PROGRAMS OF THE AGENCY AND SUCH PROGRAMS AS ARE
 OPERATED JOINTLY BY THE AGENCY AND THE SCHOOLS AFFILIATED WITH THE
 ACTIVITY.  THE MEMORANDUM OF AFFILIATION ALSO PROVIDES FOR THE
 ESTABLISHMENT OF A "DEANS COMMITTEE." THE GENERAL PURPOSE OF DEANS
 COMMITTEES IS TO PROVIDE THE AGENCY WITH THE BEST AVAILABLE MEDICAL,
 SCIENTIFIC, AND EDUCATIONAL ADVICE IN THE CONDUCT OF THE AGENCY'S
 EDUCATIONAL AND RELATED PROGRAMS.
 
    THE RECORD SHOWS THAT IN ACCORDANCE WITH PUBLISHED AGENCY POLICY, AN
 INDIVIDUAL MAY BE APPOINTED AS A HOUSE STAFF OFFICER IN A GIVEN
 SPECIALTY OR SUBSPECIALTY ONLY FOR THE NUMBER OF YEARS OF RESIDENCY
 TRAINING APPROVED BY THE LIAISON COMMITTEE ON GRADUATE MEDICAL EDUCATION
 (LCGME);  IN EFFECT, THIS MEANS THAT MOST HOUSE STAFF CAN EXPECT TO BE
 IN A RESIDENCY PROGRAM IN WHICH EACH OF THE ALMOST 120 HOUSE STAFF AT
 THE ACTIVITY PARTICIPATE WILL DETERMINE HOW MUCH TIME DURING EACH YEAR
 OF RESIDENCY THAT HOUSE STAFF WILL SPEND AT THE ACTIVITY.  FROM THE
 RECORD, IT APPEARS THAT HOUSE STAFF OFFICERS' TIME SPENT AT THE ACTIVITY
 DURING A YEAR VARIES FROM 3 1/2 MONTHS (FOR SURGERY SERVICE) TO 11
 MONTHS DEPENDING ON THE PARTICULAR RESIDENCY IN WHICH THEY PARTICIPATE.
 /6/
 
    IN CONTRAST TO MEDICAL STUDENTS WHO PAY A TUITION TO DOWNSTATE AND
 MAY BE ASSIGNED AS CLINICAL CLERKS TO THE ACTIVITY ONLY ON A WOC
 (WITHOUT COMPENSATION) BASIS IN ORDER TO FURTHER THEIR UNDERGRADUATE
 MEDICAL STUDIES, HOUSE STAFF RECEIVE A "STIPEND." HOUSE STAFF ASSIGNED
 TO THE ACTIVITY RECEIVE STIPENDS FROM EITHER THE AGENCY OR NON-AGENCY
 SOURCES.  THE AGENCY ALSO SUPPORTS STIPENDED SLOTS FOR HOUSE STAFF
 ASSIGNED TO DOWNSTATE AND OTHER HOSPITALS AND MEDICAL CENTERS.
 
    HOUSE STAFF PAID BY THE AGENCY RECEIVE THEIR STIPEND PAYMENTS EACH
 REGULAR BIWEEKLY PAY PERIOD.  THEIR PAY IS SUBJECT TO FEDERAL AND STATE
 INCOME TAX WITHHOLDING AND SOCIAL SECURITY DEDUCTION.  THE PERIOD OF
 SERVICE OF HOUSE STAFF AT THE ACTIVITY IS CREDITABLE SERVICE FOR CIVIL
 SERVICE RETIREMENT.  THEY ACCRUE ANNUAL AND SICK LEAVE.  UNUSED SICK
 LEAVE AT THE TIME OF TERMINATION MAY BE RECREDITED UPON RETURN TO
 FEDERAL EMPLOYMENT WITHIN THREE YEARS.  IN CONTRAST TO HOUSE STAFF WHO
 MAY BE ROTATED TO THE ACTIVITY AND YET CONTINUE TO BE PAID BY AND EARN
 FRINGE BENEFITS AT THEIR "HOME" HOSPITAL, HOUSE STAFF ASSIGNED TO THE
 ACTIVITY AND PAID BY THE AGENCY HAVE WORKERS' COMPENSATION TYPE BENEFITS
 FOR INJURY OR ILLNESS ON THE JOB, INCLUDING MEDICAL CARE AND
 HOSPITALIZATION, COMPENSATION FOR LOSS OF PAY, AND DEATH BENEFITS TO
 SURVIVORS.  IN ADDITION, AGENCY STIPENDED HOUSE STAFF AT THE ACTIVITY
 ARE ELIGIBLE TO CHOOSE AMONG SEVERAL FEDERAL EMPLOYEES' HEALTH BENEFITS
 PLANS, AS WELL AS TO TAKE FEDERAL EMPLOYEE GROUP LIFE INSURANCE.
 
    ACCORDING TO THE RECORD, THERE ARE NO "OVERTIME" PAYMENTS TO HOUSE
 STAFF, RATHER, IT IS PUBLISHED AGENCY POLICY THAT HOUSE STAFF WILL
 NORMALLY BE APPOINTED ON A FULL-TIME DUTY STATUS AND CONSIDERED
 AVAILABLE AND RESPONSIBLE FOR THE CARE, TREATMENT, AND WELFARE OF THEIR
 PATIENTS 24 HOURS A DAY, 7 DAYS A WEEK.  THE RECORD SHOWS THAT MOST OF
 THE TIME HOUSE STAFF SPEND AT THE ACTIVITY IS IN DIRECT PATIENT CARE
 ACTIVITIES.  THE "GUIDE FOR RESIDENTS AND INTERNS" PUBLISHED BY THE
 ACTIVITY STATES THAT THE PRIME RESPONSIBILITY OF HOUSE STAFF IS THE CARE
 OF PATIENTS.
 
    ALTHOUGH THE ACTIVITY RECEIVES SUBSTANTIAL INPUT FROM DOWNSTATE
 THROUGH THE DEANS COMMITTEE REGARDING TRAINING OBJECTIVES FOR HOUSE
 STAFF, AND THE AGENCY REQUIRES THAT RESIDENCY PROGRAMS CONDUCTED WITHIN
 ITS MEDICAL CENTERS CONTINUE TO BE ACCREDITED BY THE LCGME, THE ACTIVITY
 RETAINS FINAL AUTHORITY TO SUPERVISE, EVALUATE, DISCIPLINE, PROMOTE AND
 RETAIN HOUSE STAFF APPOINTED BY THE ACTIVITY.  THE ACTIVITY'S RETENTION
 OF THIS AUTHORITY IS NOT INCOMPATIBLE WITH THE INTERESTS OF THE LCGME,
 DOWNSTATE, OR HOUSE STAFF BECAUSE, ACCORDING TO PUBLISHED AGENCY POLICY,
 THE METHODS FOR ACCOMPLISHING EDUCATIONAL OBJECTIVES ARE ESSENTIALLY THE
 SAME AS THOSE FOR ACCOMPLISHING PATIENT CARE OBJECTIVES.
 
    THE RECORD DISCLOSES THAT THE FEDERAL TORT CLAIMS ACT APPLIES TO
 AGENCY HOUSE STAFF;  THAT IS, THE FEDERAL GOVERNMENT IS RESPONSIBLE FOR
 THE NEGLIGENCE AND MALPRACTICE OF HOUSE STAFF ACTING WITHIN THE SCOPE OF
 THEIR EMPLOYMENT.  IN ADDITION, ALL AGENCY MEDICAL CENTERS ARE CAUTIONED
 TO ADVISE HOUSE STAFF AND THE NON-FEDERAL INSTITUTIONS TO WHICH THEY MAY
 BE ASSIGNED THAT THE FEDERAL GOVERNMENT WILL NOT BE RESPONSIBLE FOR ANY
 CLAIMS AGAINST THEM ARISING OUT OF THEIR ACTIVITIES AT THE NON-FEDERAL
 INSTITUTION.
 
    THE AUTHORITY FINDS THAT THE ISSUES RAISED IN THE INSTANT CASE ARE
 ESSENTIALLY THE SAME AS THOSE RAISED IN LONG BEACH VETERANS
 ADMINISTRATION MEDICAL CENTER, SUPRA, WHICH HELD THAT HOUSE STAFF
 ASSIGNED TO THAT ACTIVITY AND PAID BY THE AGENCY CONSTITUTE AN
 APPROPRIATE UNIT.  THE ONLY MATERIAL DIFFERENCE IS IN THE SCOPE OF THE
 PETITIONED-FOR UNIT.  IN THE LONG BEACH CASE, PETITIONER SOUGHT A UNIT
 OF ALL HOUSE STAFF LOCATED AT THAT ACTIVITY.  IN THE INSTANT CASE,
 PETITIONER SEEKS A UNIT OF ALL HOUSE STAFF PAID STIPENDS BY THE AGENCY
 THROUGH THE ACTIVITY REGARDLESS OF THEIR LOCATION.
 
    FOR THE REASONS FULLY SET FORTH IN LONG BEACH VETERANS ADMINISTRATION
 MEDICAL CENTER, SUPRA, THE AUTHORITY FINDS THAT HOUSE STAFF LOCATED AT
 THE ACTIVITY AND PAID STIPENDS BY THE AGENCY ARE EMPLOYEES WITHIN THE
 MEANING OF THE STATUTE.  HOWEVER, THE AUTHORITY FINDS THAT HOUSE STAFF
 APPOINTED AND PAID STIPENDS BY THE AGENCY, BUT ASSIGNED TO WORK OUTSIDE
 THE ACTIVITY, ARE NOT EMPLOYEES WITHIN THE MEANING OF THE STATUTE.
 THUS, SUCH HOUSE STAFF DO NOT HAVE AN EMPLOYEE-EMPLOYER RELATIONSHIP
 WITH THE ACTIVITY, NOTING PARTICULARLY THAT THE ACTIVITY DOES NOT HAVE
 THE AUTHORITY EITHER TO CONTROL AND DIRECT SUCH HOUSE STAFF IN THE
 MATERIAL DETAILS OF THEIR PATIENT CARE RESPONSIBILITIES, OR TO CONTROL
 OTHER ASPECTS OF THEIR WORKING CONDITIONS AT OTHER HOSPITALS AND MEDICAL
 CENTERS.
 
    BASED ON ALL THE ABOVE, THE AUTHORITY FINDS THAT A UNIT OF ALL
 MEDICAL INTERNS, RESIDENTS AND FELLOWS EMPLOYED AT THE ACTIVITY AND PAID
 BY THE AGENCY IS APPROPRIATE FOR EXCLUSIVE RECOGNITION WITHIN THE
 MEANING OF SECTION 7112(A)(1) OF THE STATUTE, INASMUCH AS THE FACTS SHOW
 THAT THE UNIT 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 ACTIVITY.  THUS, THE
 EMPLOYEES IN THE PROPOSED UNIT ENJOY A CLEAR AND IDENTIFIABLE COMMUNITY
 OF INTEREST AS EVIDENCED BY THE FACTS THAT THEY ARE ALL PHYSICIANS
 INVOLVED IN THE COMMON MISSION OF PROVIDING CLINICAL CARE OF PATIENTS AT
 THE ACTIVITY, ARE SUBJECT TO THE SAME CONDITIONS OF EMPLOYMENT IN A
 COMMON ENVIRONMENT, ENJOY THE SAME SOURCE OF COMPENSATION AND BENEFITS,
 ARE SUBJECT TO THE SAME PERSONNEL POLICIES AND PRACTICES, AND RECEIVE
 TRAINING WHILE EMPLOYED.  MOREOVER, SUCH UNIT WILL PROMOTE EFFECTIVE
 DEALINGS AND EFFICIENCY OF AGENCY OPERATIONS AS EVIDENCED BY THE FACTS
 THAT THE EMPLOYEES IN THE UNIT HAVE A REASONABLE EXPECTANCY OF REGULAR
 AND CONTINUOUS EMPLOYMENT AT THE ACTIVITY FOR A SUBSTANTIAL PERIOD OF
 TIME, THE ACTIVITY HAS THE AUTHORITY FOR A SUBSTANTIAL PERIOD OF TIME,
 THE ACTIVITY HAS THE AUTHORITY AND CAPACITY TO CONDUCT EFFECTIVE LABOR
 RELATIONS AT THE ACTIVITY-WIDE LEVEL OF RECOGNITION, AND THE UNIT
 CONFORMS TO THE ORGANIZATIONAL AND OPERATIONAL STRUCTURE OF THE
 ACTIVITY.
 
    ACCORDINGLY, THE AUTHORITY FINDS THAT THE FOLLOWING UNIT OF EMPLOYEES
 IS APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION UNDER THE
 STATUTE:  /7/
 
    ALL MEDICAL INTERNS, RESIDENTS, AND FELLOWS ASSIGNED TO THE VETERANS
 ADMINISTRATION MEDICAL
 
    CENTER, BROOKLYN, NEW YORK, AND PAID BY THE VETERANS ADMINISTRATION;
 EXCLUDING ALL OTHER
 
    PROFESSIONAL EMPLOYEES, NONPROFESSIONAL EMPLOYEES, AND EMPLOYEES
 DESCRIBED IN 5
 
    U.S.C. SEC. 7112(B)(2), (3), (4), (6), AND (7).
 
                           DIRECTION OF ELECTION
 
    AN ELECTION BY SECRET BALLOT SHALL BE CONDUCTED AMONG THE EMPLOYEES
 IN THE UNIT FOUND APPROPRIATE AS SOON AS FEASIBLE.  THE APPROPRIATE
 REGIONAL DIRECTOR SHALL SUPERVISE OR CONDUCT, AS APPROPRIATE, THE
 ELECTION, SUBJECT TO THE AUTHORITY'S RULES AND REGULATIONS.  ELIGIBLE TO
 VOTE ARE THOSE IN THE UNIT WHO WERE EMPLOYED DURING THE PAYROLL PERIOD
 IMMEDIATELY PRECEDING THE DATE BELOW, INCLUDING EMPLOYEES WHO DID NOT
 WORK DURING THAT PERIOD BECAUSE THEY WERE OUT ILL, OR ON VACATION, OR ON
 FURLOUGH, INCLUDING THOSE IN THE MILITARY SERVICE WHO APPEAR IN PERSON
 AT THE POLLS.  INELIGIBLE TO VOTE ARE EMPLOYEES WHO QUIT OR WERE
 DISCHARGED FOR CAUSE SINCE THE DESIGNATED PAYROLL PERIOD AND HAVE NOT
 BEEN REHIRED OR REINSTATED BEFORE THE ELECTION DATE.  THOSE ELIGIBLE
 SHALL VOTE WHETHER OR NOT THEY DESIRE TO BE REPRESENTED FOR THE PURPOSE
 OF EXCLUSIVE RECOGNITION BY THE VETERANS ADMINISTRATION LOCAL NO. ONE,
 AN AFFILIATE OF THE COMMITTEE OF INTERNS AND RESIDENTS, AN AFFILIATE OF
 PHYSICIANS NATIONAL HOUSESTAFF ASSOCIATION.
 
    ISSUED, WASHINGTON, D.C., MARCH 26, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ THE NAME OF THE PETITIONER APPEARS AS AMENDED AT THE HEARING.
 
    /2/ THE PETITIONER FILED A MOTION PURSUANT TO SECTION 2422.10(B)(2)
 OF THE AUTHORITY'S RULES AND REGULATIONS SEEKING TO REOPEN THE RECORD OF
 THE HEARING FOR PURPOSES OF SUBMITTING ADDITIONAL EVIDENCE.  THE
 PETITIONER MAINTAINS THE HEARING OFFICER ERRED IN TAKING "OFFICIAL
 NOTICE" OF THE RECORD IN CASE NO. 8-RO-2, LONG BEACH VETERANS
 ADMINISTRATION MEDICAL CENTER, LONG BEACH, CALIFORNIA, 7 FLRA NO. 66
 (1981), BY LIMITING EVIDENCE AND TESTIMONY IN THE PRESENT CASE TO FACTS
 AND EVIDENCE WHICH THE PARTIES COULD DEMONSTRATE WERE UNIQUE TO CASE NO.
 2-RO-16 AND NOT CONTAINED IN THE RECORD OF CASE NO. 8-RO-2.  IN VIEW OF
 THE DISPOSITION OF THE PETITION HEREIN, THE AUTHORITY FINDS NO
 PREJUDICIAL ERROR WAS COMMITTED BY THE HEARING OFFICER, AND HEREBY
 DENIES PETITIONER'S MOTION.
 
    /3/ THE ASSOCIATION OF AMERICAN MEDICAL COLLEGES WAS GRANTED
 PERMISSION TO PARTICIPATE IN THIS PROCEEDING AS AMICUS CURIAE.
 
    /4/ FOR PURPOSES OF THIS DECISION, THE TERMS "HOUSE STAFF" (PLURAL)
 AND "HOUSE STAFF OFFICER" (SINGULAR) INCLUDE ALL SUCH CLASSIFICATIONS OR
 TITLES.
 
    /5/ SECTION 7112 PROVIDES IN PERTINENT PART:
 
    (A)(1) THE AUTHORITY 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.
 
    (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 . .  . .
 
    /6/ APPARENTLY THE PETITIONER ALSO WISHES TO REPRESENT FOUR DENTAL
 RESIDENTS WHO ARE IN AN INDEPENDENT PROGRAM AT THE ACTIVITY.  HOWEVER,
 THE AUTHORITY FINDS INSUFFICIENT EVIDENCE IN THE RECORD UPON WHICH TO
 BASE A FINDING REGARDING THE STATUS OF DENTAL RESIDENTS.  MOREOVER, THE
 RECORD APPEARS TO INDICATE THAT ONE OF THE DENTAL RESIDENTS IS A "CAREER
 RESIDENT." AGAIN, THE AUTHORITY FINDS INSUFFICIENT EVIDENCE IN THE
 RECORD UPON WHICH TO BASE A FINDING ON THE STATUS OF "CAREER RESIDENTS."
 NOTWITHSTANDING THE ABOVE, SUCH EMPLOYEES MAY DESIRE TO VOTE IN THE
 ELECTION AS DIRECTED INFRA PURSUANT TO THE CHALLENGE BALLOT PROCEDURE
 CONTAINED IN SECTION 2422.18 OF THE AUTHORITY'S RULES AND REGULATIONS.
 
    /7/ INASMUCH AS THE UNIT FOUND APPROPRIATE HEREIN IS DIFFERENT FROM
 THAT SOUGHT BY THE PETITIONER IN THAT AGENCY-PAID HOUSE STAFF ASSIGNED
 OUTSIDE THE ACTIVITY CANNOT BE INCLUDED, IF THE PETITIONER DOES NOT
 DESIRE TO PROCEED TO AN ELECTION IN THE UNIT FOUND APPROPRIATE, IT MAY
 WITHDRAW ITS PETITION.  THE WITHDRAWAL MUST BE IN WRITING AND MUST BE
 RECEIVED BY THE APPROPRIATE REGIONAL DIRECTOR NOT LATER THAN 10 DAYS
 AFTER THE ISSUANCE OF THIS DECISION.