International Association of Fire Fighters, Local F-48, AFL-CIO (Union) and Naval Support Activity, Mare Island Station, California (Activity)

 3 FLRA No. 76
 
 INTERNATIONAL ASSOCIATION OF
 FIRE FIGHTERS, LOCAL F-48, AFL-CIO
 (Union)
 
 and
 
 NAVAL SUPPORT ACTIVITY
 MARE ISLAND STATION, CALIFORNIA
 (Activity)
 
                                            Case No. 0-NG-139
 
                     DECISION ON NEGOTIABILITY ISSUES
 
    THIS CASE COMES BEFORE THE FEDERAL LABOR RELATIONS 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 22.5 SATURDAY AND SUNDAY WORK.  WORK ON SUNDAY WILL BE
 ARRANGED TO INSURE EMPLOYEES
 
    COMMENCE STAND-BY STATUS AT 1100 HOURS.  EMERGENCIES EXPECTED.  WORK
 ON SUNDAY WILL NOT BE
 
    SCHEDULED, GIVEN TO THE FACT THAT SUNDAY IS A RELIGIOUS DAY OF REST
 FOR MANY EMPLOYEES.  THE
 
    ONLY WORK TO BE PERFORMED ON SUNDAY WILL BE MORNING EQUIPMENT
 INSPECTION AND LIGHT STATION
 
    CLEAN-UP, AND THAT OF AN EMERGENCY AS DESCRIBED IN SECTION 3 OF THIS
 ARTICLE.
 
    ARTICLE 22.6 WORK ON HOLIDAYS.  NO WORK EXCEPT THAT OF AN EMERGENCY,
 AS DESCRIBED IN
 
    SECTION 3 OF THIS ARTICLE.  THE ONLY WORK TO BE PERFORMED ON NATIONAL
 HOLIDAYS ARE THAT OF
 
    MORNING EQUIPMENT INSPECTION AND LIGHT STATION CLEAN-UP.
 
    UNION'S HAND WRITTEN PROPOSAL (IN RELEVANT PART) " . . .  (W)ORK AND
 TRAINING ASSIGNMENTS
 
    SHALL NOT EXCEED 3 HRS. ON NATIONAL HOLIDAYS, SATURDAYS AND SUNDAYS."
 
                    QUESTION HERE BEFORE THE AUTHORITY
 
    THE QUESTION IS WHETHER THE UNION'S PROPOSAL FALLS WITHIN THE DUTY TO
 ASSIGN UNDER THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, OR
 WHETHER, AS ALLEGED BY THE AGENCY, THE PROPOSAL VIOLATES SECTION 7106(A)
 OF THE STATUTE.
 
                                  OPINION
 
    CONCLUSION:  UNION PROPOSAL I CONFLICTS WITH SECTION 7106(A)(2)(B) OF
 THE STATUTE. /1/ ACCORDINGLY, PURSUANT TO SECTION 2424.10 O