U.S. Army Communications and Electronics Materiel Readiness Command, Ft. Monmouth, New Jersey (Activity) and American Federation of Government Employees, Local 1904, AFL-CIO (Petitioner) and National Federation of Federal Employees, Local 476 (Cross-Petitioner)  

 1 FLRA No. 75
 
 U.S. ARMY COMMUNICATIONS AND
 ELECTRONICS MATERIEL READINESS COMMAND,
 FT. MONMOUTH, NEW JERSEY
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 1904, AFL-CIO
 Petitioner
 
    AND
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 476
 Cross-Petitioner
 
                                            Assistant Secretary
                                            Case Nos. 32-5447(RO)
                                            and 32-5451(RO)
 
                 DECISION, ORDER AND DIRECTION OF ELECTION
 
    UPON PETITIONS DULY FILED UNDER SECTION 6 OF THE EXECUTIVE ORDER
 11491, AS AMENDED, A CONSOLIDATED HEARING WAS HELD BEFORE HEARING
 OFFICER ROBERT SCHWARTZ.  THE HEARING OFFICER'S RULINGS MADE AT THE
 HEARING ARE FREE FROM PREJUDICIAL ERROR AND ARE HEREBY AFFIRMED.
 
    THE FUNCTIONS OF THE ASSISTANT SECRETARY OF LABOR FOR
 LABOR-MANAGEMENT RELATIONS UNDER EXECUTIVE ORDER 11491, AS AMENDED, IN A
 MATTER SUCH AS HERE INVOLVED, 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).
 
    UPON THE ENTIRE RECORD IN THIS CASE, INCLUDING BRIEFS SUBMITTED BY
 THE ACTIVITY AND THE CROSS-PETITIONER, THE FEDERAL LABOR RELATIONS
 AUTHORITY FINDS:
 
    1.  THE LABOR ORGANIZATIONS INVOLVED CLAIM TO REPRESENT CERTAIN
 EMPLOYEES OF THE ACTIVITY.
 
    2.  IN ITS PETITION, AMENDED DURING THE HEARING, PETITIONER, AMERICAN
 FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1904, AFL-CIO, (AFGE), SEEKS
 AN ELECTION IN A UNIT OF ALL PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES
 OF THE U.S. ARMY COMMUNICATIONS AND ELECTRONICS MATERIEL READINESS
 COMMAND (CERCOM) LOCATED AT FT. MONMOUTH, EXCLUDING FIREFIGHTERS,
 GUARDS, NONAPPROPRIATED FUND EMPLOYEES, COMMISSARY AND COMMUNICATIONS
 EMPLOYEES, MANAGEMENT OFFICIALS, SUPERVISORS AND EMPLOYEES ENGAGED IN
 FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY.  AFGE
 ARGUES THAT A SINGLE COMPREHENSIVE RESIDUAL UNIT WOULD PREVENT FURTHER
 UNIT FRAGMENTATION AND ENHANCE THE EFFECTIVE DEALINGS AND EFFICIENCY OF
 AGENCY OPERATIONS BY PROVIDING FOR A SINGLE AGREEMENT NEGOTIATED AT
 CERCOM HEADQUARTERS LEVEL.  CROSS-PETITIONER, THE NATIONAL FEDERATION OF
 FEDERAL EMPLOYEES, (NFFE), SEEKS AN ELECTION IN A UNIT OF ALL
 UNREPRESENTED PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES OF CERCOM,
 OTHER THAN EMPLOYEES OF THE HEADQUARTERS AND INSTALLATION SUPPORT
 ACTIVITY (HISA), LOCATED AT FT. MONMOUTH, NEW JERSEY, EXCLUDING
 MANAGEMENT OFFICIALS, SUPERVISORS AND EMPLOYEES ENGAGED IN FEDERAL
 PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY.  THE ACTIVITY
 AND THE NFFE CONTEND, IN SUBSTANCE, THAT THE CERTIFICATION OF TWO
 SEPARATE UNITS, ONE FOR ALL ELIGIBLE PROFESSIONAL AND NONPROFESSIONAL
 EMPLOYEES OF CERCOM, EXCLUDING EMPLOYEES, OF HISA, AND ANOTHER UNIT OF
 ALL ELIGIBLE PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES OF HISA,
 EXCLUDING ALL EMPLOYEES OF CERCOM WOULD BE THE MOST APPROPRIATE
 RESOLUTION OF THE PETITIONS BEFORE THE AUTHORITY.  IN THIS REGARD, THE
 ACTIVITY AND NFFE EMPHASIZE THE DISTINCTNESS OF HISA WITHIN CERCOM AND A
 LONG HISA HISTORY OF SUCCESSFUL LABOR-MANAGEMENT RELATIONS.
 
    THE ACTIVITY IS ONE OF FIVE MAJOR SUBORDINATE COMMODITY COMMANDS OF
 THE U.S. ARMY MATERIEL DEVELOPMENT AND READINESS COMMAND (DARCOM).  ITS
 RESPONSIBILITIES INCLUDE PURCHASING, SUPPLYING, AND MAINTAINING
 EQUIPMENT ISSUED TO THE ARMY IN ALL AREAS OF ELECTRONICS AND
 COMMUNICATIONS.  IT IS DIVIDED INTO THREE MAJOR COMPONENTS:  THE COMMAND
 GROUP, THE FUNCTIONAL DIRECTORATES, AND A STAFF GROUP.  THE RECORD
 INDICATES THAT IN ACCOMPLISHING ITS OVERALL MISSION OF DEVELOPING,
 PURCHASING, SUPPLYING, AND MAINTAINING EQUIPMENT, THE ACTIVITY UTILIZES
 WHAT IS REFERRED TO AS "LIFE-CYCLE MANAGEMENT TECHNIQUES." THIS SYSTEM
 PROVIDES FOR THE DEVELOPMENT OF A COMMODITY THROUGH AN INTEGRATED WORK
 PROCESS INVOLVING DIFFERENT FUNCTIONAL DIRECTORATES AS WELL AS VARIOUS
 OTHER ACTIVITY OFFICES.  THUS, EVEN THOUGH EACH DIRECTORATE PERFORMS ITS
 WON PARTICULAR FUNCTION, EACH DIRECTORATE IS TO A CERTAIN EXTENT
 DEPENDENT UPON OTHER DIRECTORATES FOR THE SUCCESSFUL COMPLETION OF ITS
 MISSION.  THE COMMAND GROUP, THE COMMANDING GENERAL AND HIS STAFF,
 EXERCISES IMMEDIATE SUPERVISION OVER ALL FUNCTIONAL DIRECTORATES AND
 STAFF GROUPS.
 
    HISA IS A SUBORDINATE COMMAND WITHIN HEADQUARTERS CERCOM, THE
 ACTIVITY, AND IS PART OF ITS STAFF GROUP.  THE RECORD REVEALS THAT
 HISA'S MISSION IS TO PROVIDE INSTALLATION AND SUPPORT SERVICES NORMALLY
 ASSOCIATED WITH ITS FUNCTION AS THE CUSTODIAN AND CARETAKER OF FT.
 MONMOUTH.  HISA ALSO SERVES AS PRINCIPAL STAFF ASSISTANT AND ADVISOR TO
 THE COMMANDING GENERAL OF CERCOM ON ALL MATTERS RELATED TO THE
 MANAGEMENT AND UTILIZATION OF THE PHYSICAL PLANT AND PERTINENT
 LOGISTICAL SUPPORT SERVICES OF ALL CERCOM ACTIVITIES WORLDWIDE.  HISA
 ADDITIONALLY, PROVIDES POLICY, PLANS FOR, AND EXERCISES COMMAND
 SUPERVISION OVER ALL COMMAND LOGISTICAL SUPPORT SERVICES.  AT THE TIME
 OF THE HEARING HEREIN, CERCOM EMPLOYED APPROXIMATELY 3235 GENERAL
 SCHEDULE (GS) EMPLOYEES AND 7 WAGE GRADE (WG) EMPLOYEES, WHILE HISA
 EMPLOYED APPROXIMATELY 460 GS EMPLOYEES AND 333 WG EMPLOYEES.
 
    THREE UNITS OF RECOGNITION IN HISA ARE PRESENTLY COVERED BY
 COLLECTIVE BARGAINING AGREEMENTS.  /1/ THE PARTIES STIPULATED THAT THESE
 UNITS SHOULD BE EXCLUDED FROM ANY UNIT FOUND APPROPRIATE.  TWO EXISTING
 UNITS OF RECOGNITION NOT COVERED BY AGREEMENTS ARE INCLUDED WITHIN THE
 AFGE PETITIONED-FOR UNIT.  ONE IS AFGE'S UNIT OF PROFESSIONAL AND
 NONPROFESSIONAL EMPLOYEES IN CERCOM'S DIRECTORATE OF MAINTENANCE
 ENGINEERING, WHICH WAS CERTIFIED IN 1970, AND THE OTHER IS NFFE'S
 NONPROFESSIONAL UNIT OF HISA PICTORIAL AND AUDIO-VISUAL EMPLOYEES, WHICH
 WAS RECOGNIZED IN 1967.  /2/ WITH REGARD TO THE BARGAINING HISTORY OF
 THE HISA UNITS, ACTIVITY WITNESSES TESTIFIED TO THE EFFECT THAT
 LABOR-MANAGEMENT RELATIONS IS A CERCOM DIRECTORATE OF PERSONNEL AND
 TRAINING RESPONSIBILITY.  IN PRACTICE, HOWEVER, HISA MANAGEMENT HANDLES
 ITS OWN LABOR RELATIONS MATTERS WITH SOME STAFF SUPPORT AND ADVICE FROM
 THE DIRECTORATE OF PERSONNEL AND TRAINING.  ACTIVITY WITNESSES STATED
 THAT THE DIRECTORATE "ASSISTS" BUT DOES NOT DIRECT THE HISA COMMANDER IN
 NEGOTIATIONS WITH HISA LABOR ORGANIZATIONS.
 
    THE RECORD ESTABLISHES:  THAT HISA AND CERCOM EMPLOYEES SHARE A
 COMMON ACTIVITY-WIDE AREA OF COMPETITION FOR MERIT PROMOTIONS;  THAT
 BOTH GROUPS OF EMPLOYEES ARE SERVICED BY A CENTRAL CIVILIAN PERSONNEL
 OFFICE AND FINANCE OFFICE WITHIN CERCOM;  AND, THAT ALL HISA EMPLOYEES
 ARE SUBJECT TO CERCOM PERSONNEL POLICIES, REGULATIONS AND OVERALL
 SUPERVISION.  THE RECORD FURTHER ESTABLISHES THAT CERCOM IS AN
 INTEGRATED ORGANIZATION WITH SPECIALIZED DIVISIONS, OF WHICH HISA IS
 ONE, AND THAT THE SPECIALIZED MISSION OF THE VARIOUS DIVISIONS
 CONTRIBUTES TO AND HAVE IMPACT UPON THE PERFORMANCE OF OTHER
 ORGANIZATIONAL DIVISIONS.  /3/ THE RECORD FURTHER ESTABLISHES THAT WHILE
 NUMEROUS JOB CLASSIFICATIONS AND SKILLS ARE NOT FOUND IN BOTH HISA AND
 CERCOM, A GREAT MANY OTHER JOB SKILLS AND FUNCTIONS ARE COMMON TO BOTH
 COMMANDS.  NOTWITHSTANDING THE ABOVE, IN SUPPORT OF ITS POSITION
 FAVORING A SEPARATE UNIT OF RECOGNITION FOR HISA EMPLOYEES, THE ACTIVITY
 OFFERED EVIDENCE TO THE EFFECT THAT THERE WAS LITTLE JOB INTEGRATION,
 INTERCHANGE OR TRANSFER OF CERCOM AND HISA EMPLOYEES AND THAT THE
 MAJORITY OF JOB CLASSIFICATIONS, SKILLS AND DUTIES OF EMPLOYEES IN
 CERCOM AND HISA DIFFER.  ACTIVITY WITNESSES STATED THAT, WHILE A SMALL
 NUMBER OF CLERICAL AND ADMINISTRATIVE PERSONNEL INTERCHANGE OCCURS, THIS
 INTERCHANGE IS NO GREATER BETWEEN EMPLOYEES OF HISA AND CERCOM THAN THAT
 OCCURRING BETWEEN HISA AND OTHER COMMANDS AT FT. MONMOUTH.  THE ACTIVITY
 ALSO INTRODUCED EVIDENCE TO THE EFFECT THAT HISA EMPLOYEES PRIMARILY
 WORK IN THE POST COMPLEX, APPROXIMATELY TWO MILES FROM THE CERCOM OFFICE
 BUILDING, WHERE MOST CERCOM EMPLOYEES WORK;  THAT HISA AND CERCOM
 EMPLOYEES PRIMARILY USE SEPARATE EATING AND PARKING FACILITIES;  AND,
 THAT CERCOM AND HISA EMPLOYEES HAVE SEPARATE AREAS OF COMPETITION FOR
 REDUCTION IN FORCE.
 
    BASED ON THE FOREGOING, THE AUTHORITY FINDS THAT THE UNIT SOUGHT BY
 THE AFGE CONSTITUTES AN APPROPRIATE UNIT FOR THE PURPOSE OF EXCLUSIVE
 RECOGNITION UNDER EXECUTIVE ORDER 11491, AS AMENDED.  AS NOTED ABOVE,
 THE RECORD ESTABLISHES THAT THE ACTIVITY IS AN INTEGRATED ORGANIZATION
 SHARING A COMMON OVERALL MISSION AND SUPERVISION, THAT ALL ACTIVITY
 EMPLOYEES SHARE AN ACTIVITY-WIDE AREA OF COMPETITION FOR MERIT
 PROMOTIONS, THAT ALL ACTIVITY EMPLOYEES ARE SERVICED BY A CENTRAL
 CIVILIAN PERSONNEL OFFICE AND FINANCE OFFICE, AND, THAT THEY ENJOY
 COMMON ACTIVITY-WIDE PERSONNEL POLICIES AND PRACTICES.  THUS, UNDER THE
 CIRCUMSTANCES OF THIS CASE, THE AUTHORITY FINDS THAT THE EMPLOYEES IN
 THE AFGE CERCOM-WIDE UNIT SHARE A CLEAR AND IDENTIFIABLE COMMUNITY OF
 INTEREST, AND, FURTHER THAT SUCH A UNIT WOULD PROMOTE EFFECTIVE DEALINGS
 AND EFFICIENCY OF ACTIVITY OPERATIONS.  IN THIS LATTER REGARD, THE
 AUTHORITY NOTES THAT PERSONNEL AND LABOR RELATIONS POLICIES AND
 PRACTICES ARE ESTABLISHED AT THE ACTIVITY LEVEL AND THAT THE CLAIMED
 UNIT CONFORMS TO THE ORGANIZATIONAL STRUCTURE OF THE ACTIVITY.
 MOREOVER, SUCH A UNIT IS CONSISTENT WITH THE POLICY OF THE ORDER OF
 PREVENTING FURTHER FRAGMENTATION OF BARGAINING UNITS, AS WELL AS
 REDUCING EXISTING FRAGMENTATIONS, AND PROMOTES A MORE COMPREHENSIVE
 BARGAINING UNIT STRUCTURE.  /4/
 
    BASED ON THE FOREGOING, THE AUTHORITY FURTHER FINDS THAT THE UNIT OF
 CERCOM EMPLOYEES EXCLUDING HISA EMPLOYEES SOUGHT BY THE NFFE DOES NOT
 CONSTITUTE AN APPROPRIATE UNIT FOR THE PURPOSE OF EXCLUSIVE RECOGNITION
 UNDER EXECUTIVE ORDER 11491, AS AMENDED.  IN THIS REGARD, THE RECORD
 ESTABLISHES THAT SUCH A UNIT WOULD NOT POSSESS A CLEAR AND IDENTIFIABLE
 COMMUNITY OF INTEREST SEPARATE AND DISTINCT FROM OTHER CERCOM EMPLOYEES,
 NOR FOR THE REASONS STATED ABOVE WOULD SUCH A UNIT PROMOTE EFFECTIVE
 DEALINGS AND EFFICIENCY OF AGENCY OPERATIONS.  ACCORDINGLY, THE
 AUTHORITY WILL DISMISS THE NFFE PETITION HEREIN.
 
    BASED ON THE FOREGOING, THE AUTHORITY FINDS THAT THE FOLLOWING UNIT
 IS APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION UNDER SECTION
 10(B) OF EXECUTIVE ORDER 11491, AS AMENDED:  /5/
 
    ALL PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES OF THE U.S.  ARMY
 COMMUNICATIONS AND
 
    ELECTRONICS MATERIEL READINESS COMMAND LOCATED AT FT. MONMOUTH,
 EXCLUDING FIREFIGHTERS,
 
    GUARDS, NONAPPROPRIATED FUND EMPLOYEES, MANAGEMENT OFFICIALS,
 SUPERVISORS, AND EMPLOYEES
 
    ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL
 CAPACITY.
 
    AS STATED ABOVE, THE UNIT FOUND APPROPRIATE INCLUDES PROFESSIONAL OF
 THE ORDER FROM INCLUDING PROFESSIONAL EMPLOYEES IN A UNIT WITH
 NONPROFESSIONAL EMPLOYEES UNLESS A MAJORITY OF THE PROFESSIONAL
 EMPLOYEES VOTES FOR INCLUSION IN SUCH A UNIT.  ACCORDINGLY, THE DESIRES
 OF THE PROFESSIONAL EMPLOYEES AS TO INCLUSION IN A UNIT WITH
 NONPROFESSIONAL EMPLOYEES MUST BE ASCERTAINED.  THE AUTHORITY SHALL
 THEREFORE DIRECT THAT SEPARATE ELECTIONS BE CONDUCTED IN THE FOLLOWING
 GROUPS:
 
    VOTING GROUP (A):  ALL PROFESSIONAL EMPLOYEES OF THE U.S.  ARMY
 COMMUNICATIONS AND
 
    ELECTRONICS MATERIEL READINESS COMMAND LOCATED AT FT. MONMOUTH,
 EXCLUDING FIREFIGHTERS,
 
    GUARDS, NONAPPROPRIATED FUND EMPLOYEES, MANAGEMENT OFFICIALS,
 SUPERVISORS, AND EMPLOYEES
 
    ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL
 CAPACITY.
 
    VOTING GROUP (B):  ALL NONPROFESSIONAL EMPLOYEES OF THE U.S.  ARMY
 COMMUNICATIONS AND
 
    ELECTRONICS MATERIEL READINESS COMMAND LOCATED AT FT. MONMOUTH,
 EXCLUDING FIREFIGHTERS,
 
    GUARDS, NONAPPROPRIATED FUND EMPLOYEES, MANAGEMENT OFFICIALS,
 SUPERVISORS,
 
    AND EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A
 PURELY CLERICAL CAPACITY.
 
    EMPLOYEES IN THE NONPROFESSIONAL VOTING GROUP (B) WILL BE POLLED
 WHETHER THEY DESIRE TO BE REPRESENTED FOR THE PURPOSE OF EXCLUSIVE
 RECOGNITION BY THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL
 1904, AFL-CIO;  THE NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 476;
  OR BY NEITHER A OF THESE LABOR ORGANIZATIONS.
 
    EMPLOYEES IN THE PROFESSIONAL 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 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL
 1904, AFL-CIO;  THE NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 476;
  OR BY NEITHER OF THESE LABOR ORGANIZATIONS.  IN THE EVENT THAT A
 MAJORITY OF THE VALID VOTES OF VOTING GROUP (A) ARE CAST IN FAVOR OF
 INCLUSION IN THE SAME UNIT AS NONPROFESSIONAL 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) ARE CAST FOR
 INCLUSION IN THE SAME UNIT AS NONPROFESSIONAL EMPLOYEES, THEY WILL BE
 TAKEN TO HAVE INDICATED THEIR DESIRE TO CONSTITUTE A SEPARATE UNIT, AND
 AN APPROPRIATE CERTIFICATION WILL BE ISSUED BY THE REGIONAL DIRECTOR
 INDICATING WHETHER THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 LOCAL 1904, AFL-CIO;  THE NATIONAL FEDERATION OF FEDERAL EMPLOYEES,
 LOCAL 476;  OR NEITHER OF THESE LABOR ORGANIZATIONS WAS SELECTED BY THE
 PROFESSIONAL EMPLOYEE UNIT.
 
    THE UNIT DETERMINATION IN THE SUBJECT CASE THUS IS BASED IN PART UPON
 THE RESULTS OF THE ELECTION AMONG THE PROFESSIONAL EMPLOYEES.  HOWEVER,
 THE AUTHORITY MAKES THE FOLLOWING FINDINGS IN REGARD TO THE APPROPRIATE
 UNIT:
 
    1.  IF A MAJORITY OF THE PROFESSIONAL EMPLOYEES DOES NOT VOTE FOR
 INCLUSION IN THE SAME UNIT AS THE NONPROFESSIONAL EMPLOYEES, THE
 AUTHORITY FINDS THE FOLLOWING UNITS APPROPRIATE FOR THE PURPOSE OF
 EXCLUSIVE RECOGNITION WITHIN THE MEANING OF SECTION 10 OF THE ORDER:
 
    (A) ALL PROFESSIONAL EMPLOYEES OF THE U.S. ARMY COMMUNICATIONS AND
 ELECTRONICS MATERIEL
 
    READINESS COMMAND LOCATED AT FT. MONMOUTH EXCLUDING FIREFIGHTERS,
 GUARDS, NONAPPROPRIATED FUND
 
    EMPLOYEES, MANAGEMENT OFFICIALS, SUPERVISORS, AND EMPLOYEES ENGAGED
 IN FEDERAL PERSONNEL WORK
 
    IN OTHER THAN A PURELY CLERICAL CAPACITY.
 
    (B) ALL NONPROFESSIONAL EMPLOYEES OF THE U.S. ARMY COMMUNICATIONS AND
 ELECTRONICS MATERIEL
 
    READINESS COMMAND LOCATED AT FT. MONMOUTH, EXCLUDING FIREFIGHTERS,
 GUARDS, NONAPPROPRIATED
 
    FUND EMPLOYEES, MANAGEMENT OFFICIALS, SUPERVISORS, AND EMPLOYEES
 ENGAGED IN FEDERAL PERSONNEL
 
    WORK IN OTHER THAN A PURELY CLERICAL CAPACITY.
 
    2.  IF A MAJORITY OF THE PROFESSIONAL EMPLOYEES VOTES FOR INCLUSION
 IN THE SAME UNIT AS THE NONPROFESSIONAL EMPLOYEES, THE AUTHORITY FINDS
 THE FOLLOWING UNIT APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION
 WITHIN THE MEANING OF SECTION 10 OF THE ORDER:
 
    ALL PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES OF THE U.S.  ARMY
 COMMUNICATIONS AND
 
    ELECTRONICS MATERIEL READINESS COMMAND LOCATED AT FT. MONMOUTH,
 EXCLUDING FIREFIGHTERS,
 
    GUARDS, NONAPPROPRIATED FUND EMPLOYEES, MANAGEMENT OFFICIALS,
 SUPERVISORS, AND EMPLOYEES
 
    ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL
 CAPACITY.
 
                           DIRECTION OF ELECTION
 
    AN ELECTION BY SECRET BALLOT SHALL BE CONDUCTED AMONG THE EMPLOYEES
 IN THE UNIT FOUND APPROPRIATE AS SOON AS POSSIBLE BUT NOT LATER THAN 60
 DAYS FROM THE DATE BELOW.  THE APPROPRIATE REGIONAL DIRECTOR SHALL
 SUPERVISE THE ELECTION, SUBJECT TO THE AUTHORITY'S TRANSITION 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, INCLUD'NG THOSE IN THE
 MILITARY SERVICE WHO APPEAR IN PERSON AT THE POLLS.  INELIGIBLE TO VOTE
 ARE EMPLOYEES WHO QUIT OR WHO WERE DISCHARGED FOR CAUSE SINCE THE
 DESIGNATED PAYROLL PERIOD AND WHO HAVE NOT BEEN REHIRED OR REINSTATED
 BEFORE THE ELECTION DATE.  THOSE ELIGIBLE SHALL VOTE WHETHER THEY DESIRE
 TO BE REPRESENTED FOR THE PURPOSE OF EXCLUSIVE RECOGNITION BY THE
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1904, AFL-CIO;  THE
 NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 476;  OR NEITHER.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE PETITION IN CASE NO. 32-5451(RO) BE,
 AND IT HEREBY IS, DISMISSED.
 
    ISSUED, WASHINGTON, D.C., JUNE 29, 1979
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
    /1/ THESE THREE UNITS ARE:  A UNIT OF GUARDS IN THE PHYSICAL SECURITY
 BRANCH, A NFFE UNIT RECOGNIZED IN 1966;  A UNIT OF NONAPPROPRIATED FUND
 EMPLOYEES, A NFFE UNIT CERTIFIED IN 1976;  AND A UNIT OF FIREFIGHTERS IN
 THE FIRE DEPARTMENT, AN IAFF UNIT RECOGNIZED IN 1965.
 
    /2/ THE PARTIES STIPULATED THAT A ONE-YEAR CONTRACT EXTENSION FOR
 NFFE'S UNIT OF CERCOM-HISA, PICTORIAL AUDIO-VISUAL DIVISION EMPLOYEES
 EXPIRED WITHOUT RENEWAL PRIOR TO THE FILING OF THE AFGE PETITION ON JUNE
 15, 1978.
 
    /3/ CERCOM REGULATION NO. 10-1 "CERCOM ORGANIZATION, MISSION, AND
 FUNCTIONS" (19 JUNE 1978).
 
    /4/ DEPARTMENT OF STATE, PASSPORT OFFICE, CHICAGO PASSPORT AGENCY,
 CHICAGO, ILLINOIS, A/SLMR NO. 697, AS SUPPLEMENTED BY A/SLMR NO. 929 AND
 1108, FLRC NO. 76A-149 (DECEMBER 28, 1978);  DEFENSE SUPPLY AGENCY,
 DEFENSE CONTRACT ADMINISTRATION SERVICES REGION (DCASR), CLEVELAND,
 OHIO, DEFENSE CONTRACT ADMINISTRATION SERVICES OFFICES (DCASO'S), AKRON,
 OHIO, AND COLUMBUS, OHIO, A/SLMR NO. 687, 6 A/SLMR 405, 5 FLRC 631, FLRC
 NO. 76A-97 (JULY 20, 1977).
 
    /5/ IN CONFORMITY WITH SECTION 902(B) OF THE CIVIL SERVICE REFORM ACT
 OF 1978 (92 STAT. 1224), THE INSTANT CASE WAS 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, ORDER AND DIRECTION OF ELECTION 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 ORDER.