American Federation of Government Employees, Local 2578, AFL-CIO (Union) and General Services Administration, National Archives and Records Service, Washington, DC (Agency)
[ v04 p642 ]
04:0642(84)NG
The decision of the Authority follows:
4 FLRA No. 84
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 2578
Union
and
GENERAL SERVICES ADMINISTRATION
NATIONAL ARCHIVES AND RECORDS SERVICE
WASHINGTON, D.C.
Agency
Case No. 0-NG-232
DECISION AND ORDER 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 (THE STATUTE) (5 U.S.C. 7101 ET
SEQ.).
THE BASIC FACTS OF THIS CASE, AS SET FORTH IN THE RECORD, ARE THAT
DURING THE TERM OF THE PARTIES' AGREEMENT, THE UNION SUBMITTED TO THE
AGENCY PROPOSALS DEALING WITH CHANGES IN THE JOURNEYMAN LEVELS OF CAREER
LADDER POSITIONS. THE UNION MAINTAINS THAT PURSUANT TO ITS RIGHTS UNDER
THE STATUTE, IT IS SEEKING TO BARGAIN AT REASONABLE TIMES OVER MATTERS
AFFECTING WORKING CONDITIONS. THE AGENCY CONTENDS THAT THERE IS NO
OBLIGATION TO BARGAIN OVER THIS OR ANY OTHER MATTER FOR WHICH NO CHANGE
IN PERSONNEL POLICIES, PRACTICES, OR WORKING CONDITIONS HAS OCCURRED.
THE PARTIES REACHED AGREEMENT EARLIER THIS YEAR ON A CONTRACT WHICH IS
STILL IN EFFECT.
THUS, BASED ON THE RECORD IN THIS CASE, IT IS CLEAR THAT THE ESSENCE
OF THE CONTENTIONS OF THE PARTIES PRINCIPALLY RELATES TO WHETHER THE
UNION CAN INITIATE BARGAINING ON A CERTAIN MATTER DURING THE TERM OF THE
COLLECTIVE BARGAINING AGREEMENT IT ENTERED INTO WITH THE AGENCY IN THE
ABSENCE OF A CHANGE IN PERSONNEL POLICIES, PRACTICES, AND MATTERS
AFFECTING WORKING CONDITIONS. THE FUNDAMENTAL ISSUE IN THIS CASE,
THEREFORE, IS WHETHER THE AGENCY IS OBLIGATED TO BARGAIN AT THIS TIME ON
THE MATTER RAISED BY THE UNION. THUS, THE SUBSTANCE OF THE PARTIES'
CONTENTIONS CONCERNS UNFAIR LABOR PRACTICE ISSUES APPROPRIATE FOR
RESOLUTION UNDER PROC