[ v06 p297 ]
06:0297(55)CU
The decision of the Authority follows:
6 FLRA No. 55
DEPARTMENT OF DEFENSE DEPENDENTS
SCHOOLS
Activity
and
Case No. 3-CU-5
OVERSEAS EDUCATION ASSOCIATION,
NEA
Petitioner
DEPARTMENT OF DEFENSE DEPENDENTS
SCHOOLS
Activity
and
Case No. 3-RO-20
OVERSEAS FEDERATION OF TEACHERS,
AFT, AFL-CIO
Petitioner
DEPARTMENT OF DEFENSE DEPENDENTS
SCHOOLS
Activity
and
Case No. 3-CU-20
OVERSEAS EDUCATION ASSOCIATION, NEA
Petitioner
DEPARTMENT OF DEFENSE DEPENDENTS
SCHOOLS
Activity
and
Case No. 3-CU-21
OVERSEAS EDUCATION ASSOCIATION, NEA
Petitioner
DEPARTMENT OF DEFENSE DEPENDENTS
SCHOOLS
Activity
and
Case No. 3-AC-16
OVERSEAS FEDERATION OF TEACHERS,
AFT, AFL-CIO
Petitioner
DEPARTMENT OF DEFENSE DEPENDENTS
SCHOOLS
Activity
and
Case No. 3-RO-34
OVERSEAS FEDERATION OF TEACHERS,
AFT, AFL-CIO
Petitioner
DEPARTMENT OF DEFENSE DEPENDENTS
SCHOOLS
Activity
and
Case No. 3-RO-35
OVERSEAS FEDERATION OF TEACHERS,
AFT, AFL-CIO
Petitioner
DEPARTMENT OF DEFENSE DEPENDENTS
SCHOOLS
Activity
and
Case No. 3-CU-24
OVERSEAS EDUCATION ASSOCIATION, NEA
Petitioner
DEPARTMENT OF DEFENSE DEPENDENTS
SCHOOLS
Activity
and
Case No. 3-RO-45
OVERSEAS FEDERATION OF TEACHERS,
AFT, AFL-CIO
Petitioner
DEPARTMENT OF DEFENSE DEPENDENTS
SCHOOLS
Activity
and
Case No. 36-CU-7
OVERSEAS EDUCATION ASSOCIATION, NEA
Petitioner
DEPARTMENT OF DEFENSE DEPENDENTS
SCHOOLS
Activity
and
Case No. 36-RO-30
PANAMA CANAL FEDERATION OF TEACHERS,
LOCAL 29, AFT, AFL-CIO
Petitioner
DEPARTMENT OF DEFENSE DEPENDENTS
SCHOOLS
Activity
and
Case No. 3-RO-51
OVERSEAS EDUCATION ASSOCIATION, NEA
Petitioner
DEPARTMENT OF DEFENSE DEPENDENTS
SCHOOLS
Activity
and
Case No. 3-RO-52
OVERSEAS EDUCATION ASSOCIATION, NEA
Petitioner
DEPARTMENT OF DEFENSE DEPENDENTS
SCHOOLS
Activity
and
Case No. 3-RO-53
OVERSEAS EDUCATION ASSOCIATION, NEA
Petitioner
DEPARTMENT OF DEFENSE DEPENDENTS
SCHOOLS
Activity/Petitioner
and
Case No. 3-RA-5
OVERSEAS EDUCATION ASSOCIATION, NEA
Labor Organization
and
OVERSEAS FEDERATION OF TEACHERS, AFT,
AFL-CIO
Labor Organization
DEPARTMENT OF DEFENSE DEPENDENTS
SCHOOLS
Activity
and
Case No. 36-RO-38
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 14, AFL-CIO
Petitioner
DEPARTMENT OF DEFENSE DEPENDENTS
SCHOOLS
Activity
and
Case No. 3-RO-5
OVERSEAS FEDERATION OF TEACHERS,
AFT, AFL-CIO
Petitioner
DEPARTMENT OF DEFENSE DEPENDENTS
SCHOOLS
Activity
and
Case No. 3-RO-55
OVERSEAS FEDERATION OF TEACHERS,
AFT, AFL-CIO
Petitioner
DECISION, ORDER AND DIRECTION OF ELECTION
UPON PETITIONS FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY UNDER
SECTION 7111 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE
(THE STATUTE) AND SECTION 2422.1 OF THE AUTHORITY'S RULES AND
REGULATIONS, A CONSOLIDATED HEARING WAS HELD BEFORE A HEARING OFFICER OF
THE AUTHORITY. THE AUTHORITY HAS REVIEWED THE HEARING OFFICER'S RULINGS
MADE AT THE HEARING AND FINDS THAT THEY ARE FREE FROM PREJUDICIAL ERROR.
THEY ARE HEREBY AFFIRMED.
UPON THE ENTIRE RECORD, INCLUDING BRIEFS TIMELY FILED BY THE OVERSEAS
FEDERATION OF TEACHERS, AFT, AFL-CIO (OFT); THE PANAMA CANAL FEDERATION
OF TEACHERS, LOCAL 29, AFL-CIO (PCFT); AND THE OVERSEAS EDUCATION
ASSOCIATION, NEA (OEA); THE AUTHORITY FINDS AS FOLLOWS:
FACTS
(1) HISTORICAL BACKGROUND
HISTORICALLY, POST-WORLD WAR II ERA RESPONSIBILITY FOR DEPENDENTS'
EDUCATION WAS LEFT TO THE INDIVIDUAL MILITARY SERVICES. HOWEVER, IN
1965 A STANDARDIZED SCHOOL SYSTEM WAS CREATED AND PLACED UNDER THE
OVERALL CONTROL OF THE OFFICE OF THE ASSISTANT SECRETARY OF DEFENSE
(MANPOWER, RESERVE AFFAIRS, AND LOGISTICS). THAT SCHOOL SYSTEM WAS
DIVIDED INTO THREE GEOGRAPHIC AREAS. EACH AREA WAS MADE THE
RESPONSIBILITY OF ONE OF THE THREE MILITARY SERVICES, AS FOLLOWS:
EUROPEAN AREA-- ARMY; PACIFIC AREA-- AIR FORCE; AND ATLANTIC AREA--
NAVY. IN 1976, RESPONSIBILITY FOR THE SCHOOL SYSTEM WAS SHIFTED FROM
THE MILITARY DEPARTMENTS TO THE DEPARTMENT OF DEFENSE DEPENDENTS SCHOOLS
(DODDS) WHICH HAD BEEN CREATED AS A FIELD ACTIVITY WITHIN THE OFFICE OF
THE SECRETARY OF DEFENSE. THE SCHOOL SYSTEM REMAINED DIVIDED INTO THREE
REGIONS (EUROPE, ATLANTIC AND PACIFIC), WHICH IN TURN CONSISTED OF
DISTRICTS, SUBDISTRICTS AND SCHOOLS. IN JULY 1979, AS WILL BE DISCUSSED
IN MORE DETAIL INFRA, DODDS WAS REORGANIZED, A RESULT BEING THAT THE
THREE REGIONS WERE REPLACED BY FIVE (PACIFIC, ATLANTIC, GERMANY NORTH,
GERMANY SOUTH AND MEDITERRANEAN) AND THE DISTRICTS AND SUBDISTRICTS WERE
ELIMINATED.
IN PANAMA, PRIOR TO THE IMPLEMENTATION OF THE PANAMA CANAL ACT OF
1979 (93 STAT. 456) A SYSTEM OF SCHOOLS AND A TWO YEAR COLLEGE (THE
PANAMA CANAL COLLEGE) WERE OPERATED BY THE PANAMA CANAL COMPANY AND THE
CANAL ZONE GOVERNMENT. AS A CONSEQUENCE OF THAT ACT, FUNCTIONS WERE
TRANSFERRED AND THE STAFFS OF THOSE INSTITUTIONS BECAME EMPLOYEES OF
DODDS.
THE HISTORY OF REPRESENTATION OF THE CURRENT DODDS EMPLOYEES IS AS
FOLLOWS: IN 1967 OEA GAINED RECOGNITION UNDER EXECUTIVE ORDER 10988 FOR
CERTAIN TEACHERS IN THE EUROPEAN AREA, IN 1969 OEA GAINED RECOGNITION
UNDER EXECUTIVE ORDER 10988 FOR CERTAIN TEACHERS IN THE PACIFIC AREA,
AND IN 1975 OEA GAINED RECOGNITION UNDER EXECUTIVE ORDER 11491, AS
AMENDED, FOR CERTAIN TEACHERS IN THE ATLANTIC AREA. IN JULY 1976 OEA'S
THREE UNITS WERE CONSOLIDATED AND IN 1977 AN AGREEMENT WAS NEGOTIATED
COVERING THE FOLLOWING CONSOLIDATED UNIT:
INCLUDED: ALL NON-SUPERVISORY PROFESSIONAL SCHOOL PERSONNEL EMPLOYED
IN THE DOD DEPENDENT
SCHOOLS IN THE EUROPEAN AREA, THE PACIFIC AREA AND THE ATLANTIC AREA,
INCLUDING THOSE WITH
"NOT TO EXCEED" APPOINTMENTS REPRESENTED BY OEA ON 7/16/75.
EXCLUDED: ALL SCHOOL PERSONNEL COVERED BY NEGOTIATED AGREEMENTS WITH
OR CERTIFICATIONS
ISSUED TO LABOR ORGANIZATIONS OTHER THAN OVERSEAS EDUCATION
ASSOCIATION/NATIONAL EDUCATION
ASSOCIATION. INDEPENDENT, NON-PROFESSIONAL EMPLOYEES, SUBSTITUTE
TEACHERS, EMPLOYEES ENGAGED
IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY,
MANAGEMENT OFFICIALS, AND
SUPERVISORS AS DEFINED IN THE ORDER, AND ALL SCHOOL PERSONNEL NOT
UNDER EXCLUSIVE RECOGNITION
OF A LABOR ORGANIZATION.
OFT OBTAINED RECOGNITION UNDER EXECUTIVE ORDER 10988 AND EXECUTIVE
ORDER 11491, AS AMENDED, FOR TEACHERS IN SOME SCHOOLS IN THE EUROPEAN
AREA. IN 1973, A RESIDUAL UNIT IN THE EUROPEAN AREA, CONSISTING OF
TEACHERS IN THE OFT SCHOOLS AND ALL UNREPRESENTED SCHOOLS, WAS FOUND
APPROPRIATE (DEPARTMENT OF THE ARMY, UNITED STATES DEPENDENTS SCHOOLS,
EUROPEAN AREA, 3 A/SLMR NO. 260(1973)). OFT WON THE ENSUING ELECTION
AND WAS CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE FOR A UNIT OF:
ALL PROFESSIONAL SCHOOL PERSONNEL EMPLOYED IN THE DEPARTMENT OF
DEFENSE OVERSEAS DEPENDENT
SCHOOLS, EUROPEAN AREA, INCLUDING THOSE WITH "NOT TO EXCEED"
APPOINTMENTS, EXCLUDING ALL
SCHOOL PERSONNEL COVERED BY NEGOTIATED AGREEMENTS IN EFFECT AS OF
MARCH 17, 1972,
NONPROFESSIONAL EMPLOYEES, SUBSTITUTE TEACHERS, EMPLOYEES ENGAGED IN
FEDERAL PERSONNEL WORK IN
OTHER THAN A PURELY CLERICAL CAPACITY, MANAGEMENT OFFICIALS, AND
SUPERVISORS AND GUARDS AS
DEFINED IN THE ORDER.
OFT NEGOTIATED AN AGREEMENT FOR THAT UNIT IN 1974 AND SOUGHT TO
NEGOTIATE A SUCCESSOR AGREEMENT IN 1978. AFTER SOME DISPUTE AS TO
WHETHER NEGOTIATIONS WERE APPROPRIATE IN VIEW OF THE REORGANIZATION OF
DODDS, OFT AND DODDS NEGOTIATED AN INTERIM AGREEMENT; SIGNATORIES FOR
DODDS WERE THE REGIONAL DIRECTORS FOR THE FOUR INVOLVED REGIONS.
ALTHOUGH THE PANAMA CANAL COMPANY AND CANAL ZONE GOVERNMENT WERE
EXCLUDED FROM COVERAGE UNDER EXECUTIVE ORDER 10988 AND EXECUTIVE ORDER
11491, AS AMENDED, THERE WAS A LIMITED FORM OF UNION RECOGNITION.
DEALINGS WITH THE UNIONS WERE CONSULTATIVE IN NATURE, AND NO CONTRACTS
WERE NEGOTIATED. MOREOVER, THE GRANTS OF RECOGNITION WERE, IN SOME
INSTANCES, OVERLAPPING. THE AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 14, AFL-CIO (AFGE LOCAL 14) HELD RECOGNITION FOR
EMPLOYEES OF THE PANAMA CANAL COLLEGE, AND PCFT HELD RECOGNITION FOR ALL
TEACHERS IN THE CANAL ZONE (INCLUDING THOSE AT THE PANAMA CANAL COLLEGE)
AS WELL AS FOR CERTAIN "ABOVE-SCHOOL" PERSONNEL WHO, AMONG OTHER THINGS,
ASSISTED TEACHERS.
(2) THE PETITIONS /1/
IN CASE NO. 3-CU-24, OEA SEEKS TO CLARIFY ITS UNIT TO ALSO INCLUDE
ALL EMPLOYEES IN THE OFT UNIT. OEA ARGUES THAT THE REORGANIZATION OF
DODDS HAS RENDERED THE OFT UNIT INAPPROPRIATE AND THAT THE ONLY
APPROPRIATE UNIT IS A WORLDWIDE ONE.
IN CASE NO. 36-CU-7, OEA SEEKS TO CLARIFY ITS UNIT TO INCLUDE CERTAIN
PROFESSIONAL EMPLOYEES ASSIGNED TO THE PANAMA REGION.
IN CASE NO. 3-AC-16, OFT SEEKS TO AMEND THE CERTIFICATION FOR ITS
UNIT TO REFLECT THE REORGANIZATION OF DODDS FROM THREE TO FIVE REGIONS.
OFT'S POSITION IS THAT ITS UNIT, RATHER THAN BEING CONFINED TO THE AREA
OF THE FORMER EUROPEAN REGION, NOW INCLUDES CERTAIN EMPLOYEES ASSIGNED
TO SCHOOLS IN THE ATLANTIC, GERMANY NORTH, GERMANY SOUTH AND
MEDITERRANEAN REGIONS.
IN CASE NO. 3-RO-55, OFT HAS PETITIONED FOR AN ELECTION IN A UNIT
CONSISTING OF CERTAIN PROFESSIONAL EMPLOYEES ASSIGNED TO THE
MEDITERRANEAN REGION OF DODDS.
IN CASE NO. 3-RA-5, DODDS FILED A PETITION ASSERTING THAT, AS A
RESULT OF ITS REORGANIZATION AND ITS CONCOMITANT RESPONSIBILITY FOR THE
SCHOOLS IN PANAMA, THE OEA AND OFT UNITS ARE NO LONGER APPROPRIATE.
DODDS ARGUES THAT THE ONLY UNIT WHICH IS NOT APPROPRIATE IS ONE WHICH IS
WORLDWIDE IN SCOPE.
IN CASE NO. 36-RO-30, PCFT HAS FILED A PETITION SEEKING AN ELECTION
IN A UNIT DESCRIBED AS FOLLOWS:
INCLUDED: ALL NON-SUPERVISORY PROFESSIONAL LEVEL PERSONNEL WHO ARE
EMPLOYEES OF DODDS,
PANAMA REGION, THROUGH GRADE OF VICE-PRINCIPAL.
EXCLUDED: SUBSTITUTES, MANAGEMENT OFFICIALS, SUPERVISORS, CLERICAL
WORKERS.
IN CASE NO. 36-RO-38, AFGE LOCAL 14 HAS PETITIONED FOR AN ELECTION IN
A UNIT CONSISTING OF CERTAIN PROFESSIONAL AND NON-PROFESSIONAL EMPLOYEES
ASSIGNED TO THE PANAMA CANAL COLLEGE.
IN SUM, DODDS AND OEA CONTEND THAT, UNDER THE CHANGED CIRCUMSTANCES,
THE ONLY UNIT WHICH IS APPROPRIATE IS ONE WHICH IS WORLDWIDE IN SCOPE.
MORE SPECIFICALLY, OEA CONTENDS THAT ITS OLD UNIT CONTINUES TO BE
APPROPRIATE AND HAS BEEN AUGMENTED BY THE ACCRETION OF ALL ELIGIBLE
EMPLOYEES WHO WERE NOT PREVIOUSLY INCLUDED. ON THE OTHER HAND, OFT
MAINTAINS THAT ITS UNIT CONTINUES TO BE APPROPRIATE OR, ALTERNATIVELY,
THAT REGIONWIDE UNITS ARE APPROPRIATE. FINALLY, PCFT TAKES THE POSITION
THAT A UNIT CONSISTING OF CERTAIN EMPLOYEES ASSIGNED TO THE PANAMA
REGION IS APPROPRIATE AND AFGE LOCAL 14 CONTENDS THAT A UNIT CONSISTING
OF CERTAIN PROFESSIONAL AND NON-PROFESSIONAL EMPLOYEES ASSIGNED TO THE
PANAMA CANAL COLLEGE IS APPROPRIATE.
(3) DODDS
DODDS IS A FIELD ACTIVITY WITHIN THE OFFICE OF THE SECRETARY OF
DEFENSE WHICH IS UNDER THE POLICY GUIDANCE OF THE ASSISTANT SECRETARY OF
DEFENSE/MANPOWER, RESERVE AFFAIRS AND LOGISTICS. ITS MISSION IS TO
PROVIDE A QUALITY EDUCATION FOR ELIGIBLE MINOR DEPENDENTS OF MILITARY
AND CIVILIAN PERSONNEL OF THE DEPARTMENT OF DEFENSE STATIONED OVERSEAS,
AND TO ADVISE AND COUNSEL THE ASSISTANT SECRETARY OF DEFENSE ON MATTERS
RELATING TO DEPENDENTS' SCHOOLS. DODDS CONSISTS OF APPROXIMATELY 276
SCHOOLS IN 21 COUNTRIES. IT IS CURRENTLY ORGANIZED INTO SIX REGIONS,
EACH WITH REGIONAL HEADQUARTERS. IT IS HEADED BY A DIRECTOR WHO IS
LOCATED AT THE ALEXANDRIA, VIRGINIA, HEADQUARTERS WHICH CONSISTS OF FIVE
DIVISIONS-- ADMINISTRATIVE SERVICES, EDUCATION, PERSONNEL, FINANCIAL
MANAGEMENT AND LOGISTICS. EACH REGIONAL HEADQUARTERS IS SIMILARLY
STRUCTURED.
THE CONSTITUENT SCHOOLS ARE HEADED BY A PRINCIPAL OR DEAN WHO REPORTS
TO A REGIONAL DIRECTOR THROUGH ONE INTERMEDIATE LEVEL OF MANAGEMENT.
OTHER TYPES OF PERSONNEL FOUND THROUGHOUT THE DODDS SYSTEM ARE AS
FOLLOWS: EDUCATIONAL AID, GS-1702; EDUCATIONAL TECHNICIAN, GS-1702;
TEACHER, AD-1710; GUIDANCE COUNSELOR, AD-1710; TRAINING INSTRUCTOR,
AD-1712; SCHOOL SOCIAL WORKER, AD-185; AND SCHOOL PSYCHOLOGIST,
AD-180. DODDS HEADQUARTERS AND THE REGIONAL HEADQUARTERS ARE STAFFED BY
EMPLOYEES IN CLERICAL SUPPORT AND ADMINISTRATIVE AREAS AS WELL AS BY
EDUCATIONAL COORDINATORS IN THE VARIOUS CORE SUBJECT AREAS. POSITION
DESCRIPTIONS FOR EDUCATORS ARE UNIFORM THROUGHOUT DODDS, AND
QUALIFICATIONS ARE ESTABLISHED BY DODDS AND APPLY THROUGHOUT THE SYSTEM.
PAY IS ESTABLISHED PURSUANT TO THE DEFENSE DEPARTMENT OVERSEAS
TEACHERS PAY AND PERSONNEL PRACTICES ACT (73 STAT. 213(1959)) AND,
ESSENTIALLY, IS DETERMINED BY BASING A SALARY SCHEDULE ON A SURVEY OF A
SELECTED NUMBER OF SCHOOLS IN THE UNITED STATES. TEACHERS ARE ALSO
ELIGIBLE FOR VARIOUS ALLOWANCES AND FOREIGN POST DIFFERENTIALS WHICH ARE
DEPENDENT UPON THE GEOGRAPHICAL LOCATION OF THE SCHOOL INVOLVED AND ARE
IN MANY INSTANCES DETERMINED BY THE STATE DEPARTMENT. TOURS OF DUTY AT
A PARTICULAR SCHOOL ARE FOR EITHER ONE OR TWO YEARS. THE BASIC POLICY
ON EMPLOYEE TRANSFERS IS DEVELOPED AT THE DODDS HEADQUARTERS LEVEL.
WITH RESPECT TO PANAMA AND THE FORMER EUROPEAN REGION, THE HISTORY OF
EMPLOYEE TRANSFER AND INTERCHANGE IS THAT THE MAJORITY OF TRANSFERS WERE
INTRA-REGIONAL IN NATURE. THE NEGOTIATED AGREEMENT BETWEEN OEA AND
DODDS CONTAINS PROVISIONS RELATING TO INTRA-REGIONAL AS WELL AS
INTER-REGIONAL TRANSFERS.
THE WORKDAY OF AN INDIVIDUAL TEACHER VARIES THROUGHOUT THE SYSTEM,
WITH FLUCTUATIONS DEPENDENT UPON THE SCHOOL AND ACTIVITIES PLANNED FOR A
GIVEN DAY; HOWEVER, TEACHERS NORMALLY REPORT 20 MINUTES BEFORE THEIR
FIRST CLASS AND DEPART 30 MINUTES AFTER THEIR LAST CLASS. MOST SCHOOLS
ADHERE TO A MONDAY-FRIDAY SCHEDULE, AND PRINCIPALS HAVE THE AUTHORITY TO
DECIDE THE SPECIFIC HOURS THAT A SCHOOL WILL BE OPEN.
WITHIN DODDS THERE ARE THREE LAYERS OF PERSONNEL MANAGEMENT. THE
SERVICING LEVEL CONSISTS OF APPROXIMATELY 54 PERSONNEL OFFICES
DISTRIBUTED AMONG THE THREE MILITARY BRANCHES WHICH, PURSUANT TO
SERVICING AGREEMENTS WITH DODDS, PROVIDE DAY-TO-DAY PERSONNEL SERVICES
FOR EMPLOYEES IN THE VARIOUS SCHOOLS. THE REGIONAL HEADQUARTERS EACH
HAVE A PERSONNEL DIVISION WHICH IS RESPONSIBLE FOR IMPLEMENTING
POLICIES, PROCEDURES AND PROGRAMS WHICH ARE DEVELOPED AND ISSUED AT THE
DODDS HEADQUARTERS LEVEL. THE REGIONAL PERSONNEL OFFICES ARE ALSO
RESPONSIBLE FOR PROVIDING ADVICE TO THE REGIONAL DIRECTOR AND FOR
EVALUATING AND MONITORING THE SERVICES PROVIDED BY THE ARMY, NAVY AND
AIR FORCE PERSONNEL OFFICES. AT THE DODDS HEADQUARTERS LEVEL, THE
PERSONNEL DIVISION SERVES AS THE PRIMARY POLICY LEVEL FOR PERSONNEL
ADMINISTRATION.
MEETINGS OF PERSONNEL SPECIALISTS ARE CONDUCTED PERIODICALLY BY
DODDS. SOME PERSONNEL PROGRAMS, SUCH AS PERFORMANCE APPRAISAL SYSTEMS,
MERIT PAY AND CLASSIFICATION, ARE DEVELOPED BY DODDS HEADQUARTERS AND
OTHERS, SUCH AS REDUCTIONS-IN-FORCE, ARE DEVELOPED BY THE REGIONS. MANY
PERSONNEL POLICIES AND PRACTICES ARE THE SUBJECTS OF NEGOTIATED
AGREEMENTS AND HAVE VARIED FROM ONE BARGAINING UNIT TO ANOTHER AND THERE
HAVE BEEN INSTANCES WHERE A PRINCIPAL OR SERVICING PERSONNEL OFFICE HAS
BEEN RESPONSIBLE FOR ADMINISTERING TWO DIFFERENT AGREEMENTS AS A
CONSEQUENCE OF HAVING RESPONSIBILITY FOR SCHOOLS WITH EMPLOYEES IN
DIFFERENT BARGAINING UNITS.
DEALINGS BETWEEN DODDS AND THE UNIONS OCCUR AT THE SCHOOL, REGIONAL
AND HEADQUARTERS LEVELS. THERE ARE LABOR RELATIONS SPECIALISTS ASSIGNED
TO BOTH DODDS HEADQUARTERS AND REGIONAL HEADQUARTERS. SPECIALISTS AT
DODDS HEADQUARTERS PROVIDE TECHNICAL GUIDANCE TO THOSE IN THE FIELD.
AS NOTED EARLIER, RESPONSIBILITY FOR THE SCHOOLS IN PANAMA WAS, AS A
RESULT OF THE PANAMA CANAL ACT OF 1979 (THE ACT), TRANSFERRED TO DODDS
FROM THE PANAMA CANAL COMPANY AND THE CANAL ZONE GOVERNMENT. ALTHOUGH
VARIOUS PERSONNEL MATTERS HAD NOT BEEN RESOLVED AT THE TIME OF THE
CONSOLIDATED HEARING, THE TEACHERS IN PANAMA WILL BE SUBJECT TO THE SAME
PERSONNEL POLICIES AND PRACTICES AS OTHERS IN THE DODDS SYSTEM EXCEPT
FOR TEACHERS EMPLOYED IN PANAMA PRIOR TO OCTOBER 1, 1979 WHO HAVE HAD
MANY OF THEIR BENEFITS "GRANDFATHERED IN" PURSUANT TO SPECIFIC TERMS OF
THE ACT. SECONDARY AND ELEMENTARY SCHOOL PERSONNEL HAVE BEEN GIVEN
DODDS STANDARDIZED POSITION DESCRIPTIONS. ALTHOUGH TEACHERS AT THE
COLLEGE LOCATED IN PANAMA HAVE A DIFFERENT POSITION DESCRIPTION THEY
ARE, IN GENERAL, SUBJECT TO THE SAME PERSONNEL POLICIES AND PRACTICES AS
OTHER TEACHERS IN PANAMA. AS IS TRUE IN OTHER DODDS REGIONS, THE
PRINCIPALS OF THE SCHOOLS IN PANAMA, AS WELL AS THE ADMINISTRATOR OF THE
COLLEGE, REPORT TO THE REGIONAL DIRECTOR OF THE AREA. TWO-THIRDS OF THE
COLLEGE FACULTY COME FROM THE SECONDARY SCHOOLS IN PANAMA AND SOME
LIBRARY AND ATHLETIC FACILITIES AND EQUIPMENT ARE SHARED BY THE COLLEGE
AND THE SCHOOLS. ADDITIONALLY, SOME SECONDARY SCHOOL TEACHERS TEACH
NIGHT COURSES AT THE COLLEGE AND SOME HIGH SCHOOL SENIORS TAKE EVENING
CLASSES AT THE COLLEGE.
(4) THE REORGANIZATION
THE REORGANIZATION, WHICH IS THE FOCAL POINT OF THIS CASE, RESULTED
IN A REALIGNMENT OF THE DODDS ORGANIZATIONAL STRUCTURE. WHERE THERE HAD
PREVIOUSLY BEEN THREE REGIONS, FIVE WERE ESTABLISHED AND DISTRICTS AND
SUB-DISTRICTS WERE ELIMINATED. THE OFT UNIT IS NOT DISTRIBUTED ACROSS
FOUR REGIONS, WHEREAS PREVIOUSLY IT HAD BEEN CONTAINED WITHIN ONE
REGION. SIMILARLY, PRIOR TO THE REORGANIZATION, THE OEA UNIT CONSISTED
OF ALL SCHOOLS IN TWO REGIONS (ATLANTIC AND PACIFIC) AND PART OF A THIRD
REGION (EUROPE). SINCE THE REORGANIZATION, THE OEA UNIT CONSISTS OF
EMPLOYEES IN ALL SCHOOLS IN ONE REGION (PACIFIC) AND EMPLOYEES IN
SCHOOLS IN PARTS OF FOUR REGIONS.
CONCLUSIONS
(1) APPROPRIATE UNIT(S)
THE AUTHORITY FINDS THAT THE REORGANIZATION COUPLED WITH DODDS' NEW
RESPONSIBILITY FOR THE SCHOOLS IN PANAMA HAVE RESULTED IN A SUBSTANTIAL
CHANGE IN THE CHARACTER AND SCOPE OF DODDS ORGANIZATION SUCH THAT THE
OEA AND OFT UNITS ARE NO LONGER APPROPRIATE. IN THIS REGARD, THE
AUTHORITY NOTES THAT WHEREAS THE OFT UNIT HAD BEEN CONTAINED WITHIN ONE
REGION AND INVOLVED ONLY ONE ADMINISTRATIVE ENTITY OF THE ACTIVITY,
SINCE THE REORGANIZATION THAT UNIT CROSSES ORGANIZATIONAL LINES AND
INVOLVES FOUR SUCH ENTITIES. THUS, THE OFT UNIT NO LONGER BEARS A
RESEMBLANCE TO THE ORGANIZATIONAL, ADMINISTRATIVE OR SUPERVISORY
STRUCTURE OF THE ACTIVITY. SIMILARLY, WHEREAS THE OEA UNIT HAD
CONSISTED OF THE ENTIRETY OF TWO REGIONS AND A SUBSTANTIAL PORTION OF
THE THIRD, THE REORGANIZATION RESULTED IN THAT UNIT ENCOMPASSING ALL OF
ONE REGION, PORTIONS OF FOUR, AND NONE OF THE SIXTH (PANAMA). HENCE,
THE REORGANIZATION DIMINISHED CONSIDERABLY THE DEGREE TO WHICH THE OEA
UNIT REFLECTS THE CONFIGURATION OF THE ACTIVITY. IF THE OEA AND OFT
UNITS WERE TO CONTINUE INTACT, FOUR REGIONAL DIRECTORS AND THEIR STAFFS
WOULD BE REQUIRED TO DEAL WITH TWO DIFFERENT UNIONS AND ADMINISTER TWO
DIFFERENT CONTRACTS, WHEREAS FORMERLY ONLY ONE REGION WAS FACED WITH
THIS SITUATION. SUCH A DISPARITY BETWEEN THE ORGANIZATIONAL
CONFIGURATION AND SUPERVISORY AND ADMINISTRATIVE TIERS OF THE ACTIVITY,
ON THE ONE HAND, AND THE STRUCTURE OF BARGAINING UNITS, ON THE OTHER
HAND, WOULD NOT PROMOTE EFFECTIVE DEALINGS AND EFFICIENCY OF DODDS
OPERATIONS. /2/ FURTHER, SINCE THE REORGANIZATION HAS RESULTED IN
OVERLAPPING OPERATIONAL AND PERSONNEL STRUCTURES, IT MUST BE CONCLUDED
THAT EMPLOYEES IN THE OFT AND OEA UNITS NO LONGER ENJOY CLEAR AND
IDENTIFIABLE COMMUNITIES OF INTEREST. /3/
NEVERTHELESS, IN CASE NOS. 3-CU-24 AND 36-CU-7 OEA ARGUES THAT
PROFESSIONALS ASSIGNED TO ALL SCHOOLS IN DODDS HAVE UNDER THE PRESENT
CIRCUMSTANCES SIMPLY ACCRETED TO ITS OLD CONSOLIDATED UNIT. THIS
ARGUMENT MUST BE REJECTED IN VIEW OF THE SUBSTANTIAL CHANGE IN THE
CHARACTER AND SCOPE OF THE DODDS ORGANIZATION. MOREOVER, A QUESTION
CONCERNING REPRESENTATION EXISTS SINCE MORE THAN ONE LABOR ORGANIZATION
HAS AN ARGUABLE CLAIM TO REPRESENTATION OF THE EMPLOYEES INVOLVED.
ACCORDINGLY, AN ACCRETION INTO OEA'S UNIT OF ALL EMPLOYEES NOT
PREVIOUSLY REPRESENTED BY OEA IS NOT APPROPRIATE.
HAVING DISPOSED OF THE QUESTION OF THE CONTINUED APPROPRIATENESS OF
THE OFT AND OEA UNITS, AND HAVING REJECTED OEA'S ACCRETION CLAIM, THE
AUTHORITY MUST NOW CONSIDER WHICH UNIT OR UNITS ARE APPROPRIATE. AS
PREVIOUSLY NOTED, DODDS AND OEA ARE IN ACCORD THAT A WORLDWIDE UNIT
CONSISTING OF ALL ELIGIBLE PROFESSIONALS ASSIGNED TO THE SCHOOLS IS
APPROPRIATE /4/ AND OFT AND PCFT TAKE THE POSITION THAT REGIONWIDE UNITS
ARE APPROPRIATE. BASED ON THE RECORD AS A WHOLE, THE AUTHORITY
CONCLUDES THAT BOTH OF THESE POSITIONS ARE SUSTAINABLE SINCE EACH OF THE
PROPOSED UNITS MEETS THE CRITERIA FOR AN APPROPRIATE UNIT FOR
RECOGNITION.
WITH REGARD TO THE PROPOSED WORLDWIDE UNIT, THE PROFESSIONALS
ASSIGNED TO ALL SCHOOLS ARE UNDER THE SAME OVERALL SUPERVISION; ARE
ENGAGED IN THE SAME MISSION AND FUNCTIONS; ARE, IN MANY AREAS, SUBJECT
TO SIMILAR PERSONNEL POLICIES AND PRACTICES; /5/ AND, AT THE
HEADQUARTERS LEVEL, ARE UNDER THE JURISDICTION OF THE SAME PERSONNEL,
LABOR RELATIONS AND ADMINISTRATIVE OFFICIALS. SIMILARLY, WITH REGARD TO
THE PROPOSED REGIONWIDE UNITS, EMPLOYEES ASSIGNED TO THE REGIONS ARE
SUBJECT TO THE COMMON SUPERVISION OF THE REGIONAL DIRECTORS, ARE ENGAGED
IN THE SAME MISSION AND FUNCTIONS, ARE UNDER THE COMMON JURISDICTION OF
THE PERSONNEL, LABOR RELATIONS AND ADMINISTRATIVE OFFICIALS OF THE
REGIONAL HEADQUARTERS, AND SHARE THOSE PERSONNEL POLICIES AND PRACTICES
WHICH ARE WITHIN THE DISCRETION OF THE REGIONAL DIRECTORS. THUS, BOTH
WORLDWIDE AND REGIONAL UNITS MEET THE COMMUNITY OF INTEREST CRITERION OF
SECTION 7112(A)(1) OF THE STATUTE. FURTHERMORE, BOTH WOULD BE
SUBSTANTIALLY REFLECTIVE OF THE REALIGNED ORGANIZATIONAL STRUCTURE OF
THE ACTIVITY; THUS, EACH WOULD PROMOTE EFFECTIVE DEALINGS WITH AND
EFFICIENCY OF THE OPERATIONS OF DODDS SO AS TO SATISFY THE SECOND AND
THIRD CRITERIA OF SECTION 7112(A)(1).
IN MAKING THE ABOVE FINDINGS, THE AUTHORITY IS AWARE OF PCFT'S
DESIRE, WITH RESPECT TO THE PANAMA REGION, TO INCLUDE IN THE UNIT
PROFESSIONALS ASSIGNED TO THE REGIONAL HEADQUARTERS TO, AMONG OTHER
THINGS, ASSIST CLASSROOM TEACHERS. DODDS CONTENDED AT THE HEARING THAT
SUCH INCLUSION WOULD BE INAPPROPRIATE INASMUCH AS THESE EMPLOYEES ARE
SUBJECT TO DIFFERENT WORKING CONDITIONS AND GOVERNED BY DIFFERENT
EMPLOYMENT REGULATIONS AND PRACTICES THAN ARE TEACHERS ASSIGNED TO THE
SCHOOLS; HOWEVER, NO SPECIFICS REGARDING THIS CONTENTION WERE ADDUCED.
THE RECORD DOES INDICATE THAT THERE HAVE BEEN SOME TRANSFERS FROM
TEACHING POSITIONS TO "ABOVE-SCHOOL" (I.E., REGIONAL HEADQUARTERS LEVEL)
POSITIONS, BUT IT ALSO IS TRUE THAT THESE PROFESSIONALS HAVE
HISTORICALLY BEEN EXCLUDED FROM TEACHER BARGAINING UNITS. BASED ON THE
RECORD AS IT EXISTS, THE AUTHORITY CANNOT CONCLUDE THAT "ABOVE-SCHOOL"
EMPLOYEES HAVE A COMMUNITY OF INTEREST SUFFICIENT TO WARRANT INCLUDING
THEM IN A UNIT OF TEACHERS. ACCORDINGLY, THE EMPLOYEES OCCUPYING THOSE
POSITIONS WILL BE EXCLUDED FROM THE UNIT(S) FOUND HEREIN TO BE
APPROPRIATE.
ADDITIONALLY, THE PARTIES WERE IN DISPUTE AS TO THE ELIGIBILITY OF
VICE PRINCIPALS ASSIGNED TO THE PANAMA REGION. AT THE HEARING, PCFT
STATED THAT IT DESIRED TO REPRESENT ALL NONSUPERVISORY PROFESSIONALS UP
TO AND INCLUDING THE LEVEL OF VICE PRINCIPAL. DODDS, ON THE OTHER HAND,
CONTENDS THAT VICE PRINCIPALS ARE SUPERVISORS AND MUST BE EXCLUDED FROM
ANY UNIT. AS IT WAS SHOWN AT THE HEARING THAT THE SCOPE OF THE VICE
PRINCIPALS' DUTIES IS IN A STATE OF FLUX AND COULD NOT BE DETERMINED,
THE AUTHORITY MAKES NO FINDINGS AS TO THEIR SUPERVISORY STATUS. WE
NOTE, HOWEVER, THAT THE ELECTION PROCESS ALLOWS A CHALLENGE TO ANY
BALLOT CAST. /6/ FURTHER, ANY SUCH QUESTION REMAINING AFTER
CERTIFICATION OF A UNIT MAY BE RESOLVED BY THE FILING OF A CLARIFICATION
OF UNIT PETITION. /7/
FINALLY, THE AUTHORITY DENIES AFGE LOCAL 14'S PETITION IN CASE NO.
36-RO-38 FOR A SEPARATE UNIT OF EMPLOYEES ASSIGNED TO THE PANAMA CANAL
COLLEGE. THE AUTHORITY NOTES THAT PROFESSIONAL EMPLOYEES AT THE COLLEGE
ARE, LIKE OTHER PROFESSIONALS ASSIGNED TO SCHOOLS IN THE REGION, SUBJECT
TO THE SUPERVISION OF THE REGIONAL DIRECTOR. THEY ARE ALSO SUBJECT TO
MANY OF THE SAME PERSONNEL POLICIES AND PRACTICES AS OTHER
"SCHOOL-LEVEL" PROFESSIONALS IN THE REGION AND TRANSFER BY SECONDARY
LEVEL TEACHERS INTO POSITIONS AT THE COLLEGE IS COMMON. MOREOVER,
PERSONNEL AND ADMINISTRATIVE SERVICES ARE PROVIDED TO THE COLLEGE BY THE
SAME OFFICE WHICH PROVIDES THOSE SERVICES TO OTHER PROFESSIONALS
ASSIGNED TO THE REGION, AND CERTAIN EQUIPMENT AND FACILITIES ARE SHARED
BY ALL. THUS, THE AUTHORITY CONCLUDES THAT THE EMPLOYEES IN THE UNIT
PETITIONED FOR BY AFGE LOCAL 14 DO NOT SHARE A COMMUNITY OF INTEREST
WHICH IS SEPARATE AND DISTINCT FROM OTHER EMPLOYEES ASSIGNED TO THE
PANAMA REGION. MOREOVER, GIVEN THE LOCUS AND SCOPE OF SUPERVISOR AND
ADMINISTRATIVE AND PERSONNEL SERVICES AT THE REGIONAL LEVEL, THE
AUTHORITY FINDS THAT A SEPARATE COLLEGE UNIT WOULD NOT PROMOTE EFFECTIVE
DEALINGS WITH OR EFFICIENCY OF OPERATIONS OF THE ACTIVITY.
(2) VOTING GROUPS
BASED ON THE RECORD AS A WHOLE, THE AUTHORITY HAS FOUND THAT BOTH A
WORLDWIDE UNIT AND SIX REGIONWIDE UNITS MEET THE UNIT CRITERIA OF THE
STATUTE AND ARE APPROPRIATE FOR RECOGNITION. IN VIEW OF THIS FINDING,
WHICH RECOGNIZES THAT THE CONSIDERATIONS IN FAVOR OF EACH ARE EVENLY
BALANCED, THE DETERMINING FACTOR SHOULD BE THE DESIRE OF THE EMPLOYEES
THEMSELVES. THE AUTHORITY CONCLUDES THAT SELF-DETERMINATION ELECTIONS
MUST BE HELD. THESE ELECTIONS WILL BE CONDUCTED IN THE FOLLOWING VOTING
GROUPS:
VOTING GROUP (A): ALL NONSUPERVISORY PROFESSIONAL SCHOOL-LEVEL
PERSONNEL EMPLOYED BY THE DEPARTMENT OF DEFENSE DEPENDENTS SCHOOLS,
ATLANTIC REGION; EXCLUDING ALL NONPROFESSIONAL EMPLOYEES, SUBSTITUTE
TEACHERS, MANAGEMENT OFFICIALS, SUPERVISORS AND EMPLOYEES DESCRIBED IN
SECTION 7112(B)(2),(3),(4),(6) AND (7) OF THE STATUTE.
VOTING GROUP (B): ALL NONSUPERVISORY PROFESSIONAL SCHOOL-LEVEL
PERSONNEL EMPLOYED BY THE DEPARTMENT OF DEFENSE DEPENDENTS SCHOOLS,
GERMANY NORTH REGION; EXCLUDING ALL NONPROFESSIONAL EMPLOYEES,
SUBSTITUTE TEACHERS, MANAGEMENT OFFICIALS, SUPERVISORS AND EMPLOYEES
DESCRIBED IN SECTION 7112(B)(2),(3),(4),(6) AND (7) OF THE STATUTE.
VOTING GROUP (C): ALL NONSUPERVISORY PROFESSIONAL SCHOOL-LEVEL
PERSONNEL EMPLOYED BY THE DEPARTMENT OF DEFENSE DEPENDENTS SCHOOLS,
GERMANY SOUTH REGION, EXCLUDING ALL NONPROFESSIONAL EMPLOYEES,
SUBSTITUTE TEACHERS, MANAGEMENT OFFICIALS, SUPERVISORS AND EMPLOYEES
DESCRIBED IN SECTION 7112(B)(2),(3),(4),(6) AND (7) OF THE STATUTE.
VOTING GROUP (D): ALL NONSUPERVISORY PROFESSIONAL SCHOOL-LEVEL
PERSONNEL EMPLOYED BY THE DEPARTMENT OF DEFENSE DEPENDENTS SCHOOLS,
MEDITERRANEAN REGION; EXCLUDING ALL NONPROFESSIONAL EMPLOYEES,
SUBSTITUTE TEACHERS, MANAGEMENT OFFICIALS, SUPERVISORS AND EMPLOYEES
DESCRIBED IN SECTION 7112(B)(2),(3),(4),(6) AND (7) OF THE STATUTE.
VOTING GROUP (E): ALL NONSUPERVISORY PROFESSIONAL SCHOOL-LEVEL
PERSONNEL EMPLOYED BY THE DEPARTMENT OF DEFENSE DEPENDENTS SCHOOLS,
PANAMA REGION; EXCLUDING ALL NONPROFESSIONAL EMPLOYEES, SUBSTITUTE
TEACHERS, MANAGEMENT OFFICIALS, SUPERVISORS AND EMPLOYEES DESCRIBED IN
SECTION 7112(B)(2),(3),(4),(6) AND (7) OF THE STATUTE.
VOTING GROUP (F): ALL NONSUPERVISORY PROFESSIONAL SCHOOL-LEVEL
PERSONNEL EMPLOYED BY THE DEPARTMENT OF DEFENSE DEPENDENTS SCHOOLS,
PACIFIC REGION; EXCLUDING ALL NONPROFESSIONAL EMPLOYEES, SUBSTITUTE
TEACHERS, MANAGEMENT OFFICIALS, SUPERVISORS AND EMPLOYEES DESCRIBED IN
SECTION 7112(B)(2),(3),(4),(6) AND (7) OF THE STATUTE.
THE EMPLOYEES IN VOTING GROUPS (A),(B),(C),(D) AND (F) WILL BE ASKED
WHETHER THEY WISH TO BE REPRESENTED FOR PURPOSES OF EXCLUSIVE
RECOGNITION BY OEA, OFT OR NEITHER. THE EMPLOYEES IN VOTING GROUP (E)
WILL BE ASKED WHETHER THEY WISH TO BE REPRESENTED FOR PURPOSES OF
EXCLUSIVE RECOGNITION BY OEA, PCFT LOCAL 29 OR NEITHER. /8/ IN THE
EVENT THAT A MAJORITY OF VALID VOTES IS CAST FOR OFT IN VOTING GROUPS
(A),(B),(C),(D) OR (F) OR FOR PCFT LOCAL 29 IN VOTING GROUP (E) (OR FOR
OFT IF IT CHOOSES TO APPEAR ON THIS BALLOT), EMPLOYEES WILL BE TAKEN TO
HAVE INDICATED THEIR DESIRE TO BE REPRESENTED BY OFT OR PCFT LOCAL 29 AS
THE CASE MAY BE, IN THE REGIONWIDE UNIT SOUGHT. IN ANY VOTING GROUP
WHERE A MAJORITY OF VALID VOTES IS NOT CAST FOR OFT OR PCFT LOCAL 29,
THE BALLOTS WILL BE POOLED. IN THE EVENT OF SUCH POOLING, BALLOTS CAST
FOR OFT OR PCFT LOCAL 29 SHALL BE COUNTED AS PART OF THE TOTAL NUMBER OF
VALID VOTES CAST, ALONG WITH THE BALLOTS CAST FOR OEA OR "NEITHER". THE
AUTHORITY FINDS THAT, UNDER THE CIRCUMSTANCES, ANY UNIT RESULTING FROM
SUCH POOLING OF VOTES CONSTITUTES AN APPROPRIATE UNIT FOR THE PURPOSE OF
EXCLUSIVE RECOGNITION. THE BALLOTS CAST FOR OEA (WHICH IS THE ONLY
PARTY SEEKING TO REPRESENT A UNIT LARGER THAN REGIONWIDE) AND "NEITHER"
SHALL THEN BE SEPARATELY TALLIED TO DETERMINE WHETHER EITHER CHOICE HAS
RECEIVED A MAJORITY OF THE VALID VOTES CAST. THE RESULT OF THIS
ELECTION WILL THEN BE CERTIFIED ACCORDINGLY.
ORDER AND DIRECTION OF ELECTION
IT IS HEREBY ORDERED THAT ELECTIONS BY SECRET BALLOT BE CONDUCTED IN
THE ABOVE VOTING GROUPS AS SOON AS FEASIBLE. THE APPROPRIATE REGIONAL
DIRECTOR SHALL SUPERVISE OR CONDUCT THE ELECTIONS, AS APPROPRIATE,
SUBJECT TO THE AUTHORITY'S RULES AND REGULATIONS. ELIGIBLE TO VOTE ARE
THOSE IN A VOTING GROUP DURING THE PAYROLL PERIOD IMMEDIATELY PRECEDING
THE DATE OF THIS DECISION, INCLUDING EMPLOYEES WHO DID NOT WORK DURING
THE PERIOD BECAUSE THEY WERE ILL OR ON VACATION OR 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 WHO HAVE NOT BEEN REHIRED OR
REINSTATED BEFORE THE ELECTION DATE.
THOSE ELIGIBLE TO VOTE IN VOTING GROUPS (A),(B),(C),(D), AND (F)
SHALL VOTE WHETHER THEY DESIRE TO BE REPRESENTED FOR THE PURPOSE OF
EXCLUSIVE REPRESENTATION BY OEA, OFT OR NEITHER. THOSE ELIGIBLE TO VOTE
IN VOTING GROUP (E), SUBJECT TO THE PROVISO IN NOTE 8, SUPRA, SHALL VOTE
WHETHER THEY DESIRE TO BE REPRESENTED FOR THE PURPOSE OF EXCLUSIVE
REPRESENTATION BY OEA, PCFT LOCAL 29 OR NEITHER.
IT IS FURTHER ORDERED THAT THE PETITIONS IN CASE NOS. 3-AC-16,
3-CU-24, 36-CU-7, AND 36-RO-38 BE, AND THEY HEREBY ARE, DISMISSED.
ISSUED, WASHINGTON, D.C., JULY 23, 1981
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
---------------- FOOTNOTES: -------------------
/1/ BECAUSE OF THE PARTIES' STATED INABILITY TO PROCEED, THE
PETITIONS IN CASE NOS. 3-RO-5, 3-RO-20, 3-RO-34, 3-RO-35, 3-RO-45,
3-RO-51, 3-RO-52, 3-RO-53, 3-CU-5, 3-CU-20 AND 3-CU-21, ALL OF WHICH
RELATE TO INDIVIDUAL DODDS SCHOOLS, WERE NOT LITIGATED AT THE
CONSOLIDATED HEARING. THUS, THEY ARE HEREBY REMANDED TO THE REGIONAL
DIRECTOR FOR APPROPRIATE ACTION.
/2/ SECTION 7112(A)(1) OF THE STATUTE PROVIDES:
(A)(1) THE AUTHORITY SHALL DETERMINE THE APPROPRIATENESS OF ANY UNIT.
THE AUTHORITY SHALL DETERMINE IN EACH CASE WHETHER, IN ORDER TO ENSURE
EMPLOYEES THE FULLEST FREEDOM IN EXERCISING THE RIGHTS GUARANTEED UNDER
THIS CHAPTER, THE APPROPRIATE UNIT SHOULD BE ESTABLISHED ON AN AGENCY,
PLANT, INSTALLATION, FUNCTIONAL, OR OTHER BASIS AND 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.
/3/ ID.
/4/ AS WILL BE DISCUSSED FURTHER, THERE IS A DISPUTE AS TO WHETHER
PROFESSIONALS ASSIGNED TO THE REGIONAL HEADQUARTERS ARE APPROPRIATE FOR
INCLUSION WITH PROFESSIONALS ASSIGNED TO THE SCHOOLS. IN THIS REGARD
THE OEA AND OFT UNITS HAVE TRADITIONALLY BEEN LIMITED TO PROFESSIONALS
ASSIGNED TO THE SCHOOLS. DODDS, OEA AND OFT WISH TO CONTINUE THIS
PRACTICE; HOWEVER, IN CASE NO. 36-RO-30, PCFT SEEKS TO INCLUDE
PROFESSIONALS ASSIGNED TO THE REGIONAL HEADQUARTERS IN THE PANAMA REGION
WITH THOSE ASSIGNED TO THE SCHOOLS.
/5/ WHILE EMPLOYEES WHO WERE EMPLOYED IN PANAMA PRIOR TO OCTOBER 1,
1979 ARE SUBJECT TO CERTAIN DIFFERENT TERMS AND CONDITIONS OF EMPLOYMENT
(PARTICULARLY IN THE AREA OF PAY AND BENEFITS), THIS CIRCUMSTANCE,
STANDING ALONE, DOES NOT RENDER THEM INELIGIBLE FOR INCLUSION IN A
WORLDWIDE UNIT.
/6/ SECTION 2422.18 OF THE AUTHORITY'S RULES AND REGULATIONS
PROVIDES:
SECTION 2422.18 CHALLENGED BALLOTS.
ANY PARTY OR THE REPRESENTATIVE OF THE AUTHORITY MAY CHALLENGE, FOR
GOOD CAUSE, THE
ELIGIBILITY OF ANY PERSON TO PARTICIPATE IN THE ELECTION. THE
BALLOTS OF SUCH CHALLENGED
PERSONS SHALL BE IMPOUNDED.
/7/ SECTION 2422.1(D) OF THE AUTHORITY'S RULES AND REGULATIONS
PROVIDES:
SECTION 2422.1 WHO MAY FILE PETITIONS.
. . . .
(D) A PETITION FOR CLARIFICATION OF AN EXISTING UNIT OR FOR AMENDMENT
OF RECOGNITION OR CERTIFICATION MAY BE FILED BY AN ACTIVITY OR AGENCY OR
BY A LABOR ORGANIZATION WHICH IS CURRENTLY RECOGNIZED BY THE ACTIVITY OR
AGENCY AS AN EXCLUSIVE REPRESENTATIVE.
/8/ ALTHOUGH NOT EXPLICITLY STATED ON THE RECORD, IT DOES NOT APPEAR
THAT OFT WISHES TO APPEAR ON THE SAME BALLOT AS PCFT. IF OFT DOES, IN
FACT, WISH TO APPEAR ON THAT PARTICULAR BALLOT, IT SHOULD SO NOTIFY THE
APPROPRIATE REGIONAL DIRECTOR WITHIN 30 DAYS FROM THE DATE OF THIS
DECISION. AFGE LOCAL 14 INDICATED THAT IT DID NOT WISH TO PARTICIPATE
IN AN ELECTION FOR A REGIONWIDE UNIT; HENCE, ITS NAME WILL NOT APPEAR
ON THE BALLOT.