National Federation of Federal Employees, Local 1750 (Union) and Department of the Interior, Fish and Wildlife Service (Activity) 




[ v02 p371 ]
02:0371(49)NG
The decision of the Authority follows:


 2 FLRA No. 49
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 1750
 (Union)
 
 and
 
 DEPARTMENT OF THE INTERIOR,
 FISH AND WILDLIFE SERVICE
 (Activity)
 
                                            Case No. 0-NG-57
 
                     DECISION ON NEGOTIABILITY APPEAL
 
    IN 1975, NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 1750 (THE
 UNION) WAS CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE OF ALL PROFESSIONAL
 AND NONPROFESSIONAL EMPLOYEES IN THE NATIONAL FISH HATCHERIES OF REGION
 4, U.S. FISH AND WILDLIFE SERVICE (THE ACTIVITY), BUT THE PARTIES HAVE
 NEVER NEGOTIATED A COLLECTIVE BARGAINING AGREEMENT.  SINCE 1969,
 MANAGEMENT HAD ASSIGNED EMPLOYEES TO STANDBY DUTY ACCORDING TO A
 SCHEDULE DESIGNED TO MEET CERTAIN SITUATIONS (SUCH AS FIRE, THEFT,
 VANDALISM, ENVIRONMENTAL STRESS ON THE FISH POPULATIONS, AND MONITORING
 OF CRITICAL CONTINUING OPERATIONS) WHICH MIGHT ARISE AFTER NORMAL
 WORKING HOURS.
 
    IN 1978, BASED UPON A VARIETY OF FACTORS, THE ACTIVITY REEVALUATED
 ITS REQUIREMENTS FOR USING STANDBY TOURS OF DUTY.  THEREAFTER, IN APRIL
 1979, THE ACTIVITY NOTIFIED THE UNION OF ITS DECISION TO REDUCE OR
 TERMINATE PREMIUM PAY FOR STANDBY DUTY EFFECTIVE APRIL 22, 1979.  BY
 LETTER DATED APRIL 18, 1979, THE UNION ADVISED THE ACTIVITY OF ITS
 POSITION THAT THE MATTER OF STANDBY PAY "IS A NEGOTIABLE ITEM SINCE IT
 IS A CHANGE OF PAY PRACTICES AFFECTING CONDITIONS OF EMPLOYMENT." THE
 UNION ALSO REQUESTED THE ACTIVITY'S "POSITION IN WRITING AS TO THE
 NEGOTIABILITY OF THIS QUESTION." THE ACTIVITY RESPONDED BY REAFFIRMING
 ITS PREVIOUSLY EXPRESSED POSITION THAT SUCH DECISION WAS NONNEGOTIABLE
 INASMUCH AS IT INVOLVED MANAGEMENT'S RIGHT TO DETERMINE THE NUMBERS,
 TYPES AND GRADES OF EMPLOYEES OR POSITIONS ASSIGNED TO AN ORGANIZATIONAL
 SUBDIVISION, WORK PROJECT OR TOUR OF DUTY.
 
    ON APRIL 25, 1979, THE UNION FILED THE INSTANT NEGOTIABILITY APPEAL
 WITH THE AUTHORITY, ALLEGING, IN ESSENCE, THAT THE MATTER OF STANDBY PAY
 "IS NEGOTIABLE SINCE IT ORIGINATED IN A NEGOTIATED MANNER." IN ITS
 STATEMENT OF POSITION, THE AGENCY CONTENDS, INTER ALIA, THAT "(T)HE
 NEGOTIABILITY APPEAL PROCEDURES OF (S)ECTION 7117(C)(1) AND (2) OF THE
 FEDERAL LABOR-MANAGEMENT RELATIONS (S)TATUTE CONTEMPLATES THAT A UNION
 ASSERTING NEGOTIABILITY MUST SET FORTH THE PROPOSAL THAT IS IN ISSUE,"
 WHEREAS THE UNION IN THE INSTANT MUST SET FORTH THE PROPOSAL THAT IS IN
 ISSUE," WHEREAS THE UNION IN THE INSTANT CASE HAS NOT "REDUCED TO
 WRITING ANY PROPOSALS ON THE MATTER CLAIMED TO BE IN DISPUTE" AND
 THEREFORE "IT IS QUESTIONABLE WHETHER THERE IS A NEGOTIABILITY DISPUTE
 WITHIN THE MEANING OF THE (S)TATUTE."
 
    IN ASSOCIATION OF CIVILIAN TECHNICIANS, ALABAMA ACT AND STATE OF
 ALABAMA NATIONAL GUARD, CASE NO. O-NG-27, 2 FLRA NO. 39(DEC. 28, 1979),
 REPORT NO.  , THE AUTHORITY DECIDED, WITH RESPECT TO A QUESTION
 SUBSTANTIALLY IDENTICAL TO THAT PRESENTED HERE, THAT A PETITION WHICH
 DID NOT PRESENT A PR