American Federation of Government Employees, AFL-CIO, Local 695 (Union) and Department of the Treasury, U.S. Mint, Denver, Colorado (Activity)

 

 3 FLRA No. 7
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 695
 (Union)
 
 and
 
 DEPARTMENT OF THE TREASURY,
 U.S. MINT, DENVER, COLORADO
 (Activity)
 
                                            Case No. 0-NG-114
 
                     DECISION ON NEGOTIABILITY ISSUES
 
    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.).
 
                             UNION PROPOSAL I
 
    ARTICLE VI.  WORK ASSIGNMENTS
 
    SECTION 2.  WORK AND POSITION ROTATION IN THE COIN PRESS BRANCH:
 WORK ASSIGNMENTS SHALL BE
 
    ROTATED WEEKLY.
 
    SECTION 4.  WORK AND POSITION ROTATION IN THE COIN BLANKING SEC:
 WORK ASSIGNMENTS SHALL BE
 
    ROTATED WEEKLY.
 
                    QUESTION HERE BEFORE THE AUTHORITY
 
    THE QUESTION IS WHETHER THE UNION'S PROPOSAL IS WITHIN THE DUTY TO
 BARGAIN UNDER THE STATUTE OR IS OUTSIDE THE DUTY TO BARGAIN UNDER
 SECTION 7106(A)(2)(A), /1/ AS ALLEGED BY THE AGENCY.
 
    PRELIMINARILY, IT IS NOTED THAT THE AGENCY, AFTER THE UNION FILED ITS
 RESPONSE TO THE AGENCY'S STATEMENT PURSUANT TO SECTION 2424.7 OF THE
 AUTHORITY'S REGULATIONS, REQUESTED PERMISSION, IN EFFECT, TO MAKE AN
 ADDITIONAL SUBMISSION HEREIN AND THE UNION OBJECTED TO THAT REQUEST.
 
    NEITHER THE STATUTE NOR THE AUTHORITY'S RULES OF PROCEDURE PROVIDES
 FOR ANY SUBMISSIONS BY THE PARTIES TO A NEGOTIABILITY CASE BEFORE THE
 AUTHORITY BEYOND THE UNION'S PETITION, THE AGENCY'S STATEMENT, AND THE
 UNION'S RESPONSE TO THAT STATEMENT.  FURTHER, THE STATUTE AND THE
 AUTHORITY'S REGULATIONS PROVIDE THE AGENCY 30 DAYS FROM THE DATE OF THE
 AGENCY HEAD'S RECEIPT OF A COPY OF THE UNION'S APPEAL TO SET FORTH IN
 FULL THE AGENCY'S POSITION ON ANY MATTERS RELEVANT TO THE PETITION WHICH
 IT WISHES THE AUTHORITY TO CONSIDER IN REACHING A DECISION.  THEREFORE,
 IT IS THE POLICY OF THE AUTHORITY, AS REFLECTED IN SECTION 2424.8 OF ITS
 REGULATIONS (45 FED.REG. 3512-3513), NOT TO CONSIDER SUBMISSIONS IN
 NEGOTIABILITY CASES OTHER THAN THOSE PRESCRIBED IN THE STATUTE AND THE
 AUTHORITY'S REGULATIONS, UNLESS ADDITIONAL INFORMATION IS EITHER
 REQUESTED BY THE AUTHORITY OR THE AUTHORITY, IN ITS DISCRETION, GRANTS
 PERMISSION TO FILE SUCH SUBMISSION.
 
    NO ADDITIONAL INFORMATION, BEYOND THAT CONTAINED IN THE APPEAL, THE
 AGENCY'S STATEMENT, AND THE UNION'S RESPONSE, IS DEEMED NECESSARY IN THE
 INSTANT CASE.  ACCORDINGLY, THE AGENCY'S REQUEST TO FILE SUCH ADDITIONAL
 SUBMISSION IS HEREBY DENIED, AND NOTHING SUBMITTED WITH THAT REQUEST HAS
 BEEN CONSIDERED BY THE AUTHORITY IN REACHING ITS DECISION HEREIN.
 
                                  OPINION
 
    CONCLUSION:  THE PROPOSAL CONFLICTS WITH MANAGEMENT'S RIGHT TO ASSIGN
 EMPLOYEES WITHIN THE MEANING OF SECTION 7106(A)(2)(A) OF THE STATUTE.
 ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S RULES AND
 REGULATIONS (45 FED.REG. 3482 ET SEQ. (1980)), THE AGENCY'S ALLEGATION
 THAT THE DISPUTED PROPOSAL IS NOT WITHIN THE DUTY TO BARGAIN IS
 SUSTAINED.
 
    REASONS:  THE AGENCY CONTENDS, AMONG OTHER THINGS THAT THE UNION'S
 PROPOSAL WOULD PREVENT THE ACTIVITY FROM ASSIGNING ANY EMPLOYEE IN
 EITHER THE COIN PRESS BRANCH OR COIN BLANKING SECTION TO ANY APPROPRIATE
 WORK AT ANY TIME AND THEREFORE VIOLATES SECTION 7106(A)(2)(A) OF THE
 STATUTE.  IN ITS SUBMISSIONS TO THE AUTHORITY, THE UNION DOES NOT
 SPECIFY THE INTENT OF ITS PROPOSAL.  HOWEVER, FOR THE REASONS STATED
 BELOW, IT IS CONCLUDED THAT THE PROPOSAL VIOLATES MANAGEMENT'S RIGHT TO
 ASSIGN AND THEREFORE IS OUTSIDE THE DUTY TO BARGAIN UNDER THE STATUTE.
 
    ON ITS FACE, THE DISPUTED PROPOSAL REQUIRES THAT "(W)ORK ASSIGNMENTS
 SHALL BE ROTATED WEEKLY" IN THE COIN PRESS BRANCH AND THE COIN BLANKING
 SECTION OF THE ACTIVITY.  HOWEVER, IT IS UNCLEAR WHETHER THE PROPOSAL
 WOULD COMPEL THE ACTIVITY TO ASSIGN EMPLOYEES TO DIFFERENT POSITIONS
 WITHIN THESE OPERATIONS (EACH POSITION REQUIRING PARTICULAR SKILLS AND
 QUALIFICATIONS IN THE PERFORMANCE OF SPECIFIC DUTIES IDENTIFIED WITH
 THAT POSITION) OR WOULD MERELY REQUIRE EMPLOYEES TO BE ROTATED THROUGH
 THE VARIETY OF DUTIES CONTAINED IN HIS OR HER OWN POSITION DESCRIPTION.
 IN THE INSTANT CASE, IT IS IMMATERIAL WHICH INTERPRETATION OF THE
 PROPOSAL WAS INTENDED, FOR IN EITHER CASE THE LANGUAGE OF THE DISPUTED
 PROPOSAL WOULD CONFLICT WITH MANAGEMENT'S RESERVED RIGHT TO ASSIGN
 WITHIN THE MEANING OF SECTION 7106(A)(2)(A) OF THE STATUTE.  THAT IS,
 EVEN IF THE UNION INTENDED ONLY THAT EMPLOYEES BE ROTATED TO THE VARIOUS
 DUTIES WITHIN THEIR OWN POSITION DESCRIPTION, THE SPECIFIC LANGUAGE OF
 THE PROPOSAL AT ISSUE WOULD REQUIRE ALL EMPLOYEES TO BE ROTATED EACH
 WEEK REGARDLESS WHETHER ANY WORK WERE AVAILABLE WHICH REQUIRED THE
 PERFORMANCE OF SUCH DUTIES OR WHETHER THE WORK PREVIOUSLY ASSIGNED HAD
 BEEN COMPLETED.  IN OTHER WORDS, MANAGEMENT WOULD BE RESTRICTED IN
 MAKING NEW ASSIGNMENTS, OR IN MODIFYING, TERMINATING, OR CONTINUING
 EXISTING ONES AS DEEMED NECESSARY OR DESIRABLE.  ACCORDINGLY, THE
 SPECIFIC PROPOSAL AT ISSUE HEREIN IS OUTSIDE THE DUTY TO BARGAIN UNDER
 THE STATUTE.
 
                             UNION PROPOSAL II
 
    ARTICLE VII.  DETAILS
 
    SECTION 1.  NECESSITY OF A DETAIL
 
    MANAGEMENT WILL DETERMINE WHEN DETAILS ARE NECESSARY, THE NUMBER OF
 EMPLOYEES TO BE DETAILED AND THE AREA FROM WHICH THEY WILL BE DETAILED.
 
    (THIS PORTION OF THE PROPOSAL WAS FOUND NEGOTIABLE BY THE AGENCY AND
 IS THEREFORE NOT IN DISPUTE.)
 
    SECTION 2.  GENERAL DETAILS
 
    IN SITUATIONS WHERE DETAILS OF EMPLOYEES TO POSITIONS OUTSIDE THEIR
 BRANCH ARE EXPECTED TO BE REGULAR OR RECURRING AND WHERE NO SPECIAL
 SKILLS OR QUALIFICATIONS ARE REQUIRED, THE EMPLOYEE SELECTED FOR THE
 DETAIL WILL BE THE SENIOR EMPLOYEE WITHIN THE BRANCH WHO HAS VOLUNTEERED
 FOR THE ASSIGNMENT.  WHEN ASKING FOR VOLUNTEERS, MANAGEMENT WILL INFORM
 EMPLOYEES OF THE TYPE OF WORK TO BE PERFORMED AND THE DURATION OF THE
 ASSIGNMENT.  IF THERE ARE NO VOLUNTEERS, THE LEAST SENIOR EMPLOYEE
 WITHIN THE BRANCH WILL BE SELECTED.
 
    SECTION 3.  DETAILS INVOLVING SPECIAL QUALIFICATIONS
 
    IN SITUATIONS WHERE IT IS NECESSARY TO SELECT AN EMPLOYEE WITH
 SPECIFIC QUALIFICATIONS FOR A DETAIL OUTSIDE HIS BRANCH, THE EMPLOYEES
 WITHIN THE BRANCH WILL BE INFORMED OF THE TYPE OF WORK TO BE PERFORMED,
 THE LENGTH OF THE DETAIL AND THE QUALIFICATIONS FOR THE