National Federation of Federal Employees, Local 1624 (Labor Organization) and Air Force Contract Management Division, Hagerstown, Maryland (Activity) 

 



[ v03 p142 ]
03:0142(20)NG
The decision of the Authority follows:


 3 FLRA No. 20
 
 NATIONAL FEDERATION OF
 FEDERAL EMPLOYEES, LOCAL 1624
 (Labor Organization)
 
 and
 
 AIR FORCE CONTRACT MANAGEMENT
 DIVISION, HAGERSTOWN, MARYLAND
 (Activity)
 
                                            Case No. 0-NG-74
 
                      DECISION ON NEGOTIABILITY ISSUE
 
    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
 
    EMPLOYEES WHO ARE TEMPORARILY UNABLE TO PERFORM THEIR REGULARLY
 ASSIGNED DUTIES BECAUSE OF
 
    ILLNESS OR INJURY, BUT WHO ARE CAPABLE OF RETURNING TO OR REMAINING
 IN A DUTY STATUS, WILL BE
 
    DETAILED TO WORK ASSIGNMENTS COMPATIBLE WITH THEIR PHYSICAL
 CONDITIONS OR THEIR REGULARLY
 
    ASSIGNED DUTIES WILL BE TAILORED TO THEIR PHYSICAL LIMITATIONS.
 
                    QUESTION HERE BEFORE THE AUTHORITY
 
    THE QUESTION IS WHETHER THE UNION'S PROPOSAL WOULD VIOLATE
 MANAGEMENT'S RIGHTS UNDER SECTION 7106 OF THE STATUTE, AS ALLEGED BY THE
 AGENCY AND IS THEREFORE NOT WITHIN THE DUTY TO BARGAIN. /1/
 
    CONCLUSION:  THE PROPOSAL WOULD VIOLATE MANAGEMENT'S RIGHT TO ASSIGN
 EMPLOYEES AND TO ASSIGN WORK UNDER SECTION 7106(A)(2)(A) A