[ 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).