American Federation of Government Employees, AFL-CIO, Local 1760 (Union) and Social Security Administration, Bureau of Retirement and Survivors Insurance, Northeastern Program Service Center, Flushing, New York (Activity)
[ v02 p779 ]
02:0779(99)NG
The decision of the Authority follows:
2 FLRA No. 99
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1760
(Union)
and
SOCIAL SECURITY ADMINISTRATION,
BUREAU OF RETIREMENT AND SURVIVORS
INSURANCE, NORTHEASTERN PROGRAM SERVICE
CENTER, FLUSHING, NEW YORK
(Activity)
Case No. 0-NG-168
DECISION ON NEGOTIABILITY APPEAL
THIS CASE COMES BEFORE THE FEDERAL LABOR RELATIONS AUTHORITY (THE
AUTHORITY) PURSUANT TO SECTION 7105(A)(2)(E) OF THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7101 ET SEQ.).
THE UNION IS THE EXCLUSIVE REPRESENTATIVE OF A UNIT OF EMPLOYEES AT
THE ACTIVITY. THE UNION AND THE ACTIVITY ARE PARTIES TO A MULTI-CENTER
COLLECTIVE BARGAINING AGREEMENT. DURING THE TERM OF THAT AGREEMENT, THE
ACTIVITY NOTIFIED THE UNION OF ITS DECISION TO ASSIGN CERTAIN TEMPORARY
EMPLOYEES TO THE MAILROOM, TO ASSIGN "TERMINAL DIGITS" WORK TO UNION
OFFICIALS AS WELL AS TO THE OTHER UNIT EMPLOYEES, AND TO AUDIT A RANDOM
SAMPLE OF THE WORK OF CERTAIN EMPLOYEES. THE UNION THEREAFTER REQUESTED
AN OPPORTUNITY TO MEET AND CONFER WITH REGARD TO THE FOREGOING PROPOSED
CHANGES. THE ACTIVITY REFUSED TO NEGOTIATE WITH REGARD TO THE FOREGOING
DECISIONS, WHICH WERE ASSERTED TO BE WITHIN MANAGEMENT'S RESERVED RIGHTS
AND THEREFORE NONNEGOTIABLE, BUT DID MEET AND CONFER WITH THE UNION
CONCERNING THE PROCEDURES FOR IMPLEMENTING SUCH DECISIONS AND THE
ARRANGEMENTS FOR EMPLOYEES ADVERSELY AFFECTED THEREBY. THE UNION THEN
FILED THE INSTANT NEGOTIABILITY APPEAL WITH THE AUTHORITY.
IN ITS STATEMENT OF POSITION, THE AGENCY NOTED, AMONG OTHER THINGS,
THAT THE UNION HAD GENERALLY FAILED TO SUBMIT WRITTEN PROPOSALS TO THE
ACTIVITY DURING THE COURSE OF MID-TERM BARGAINING BETWEEN THE PARTIES
AND THEREFORE HAD FAILED 