American Federation of Government Employees, Local 2782, AFL-CIO (Union) and Department of Commerce, Bureau of the Census, Washington, D.C. (Agency)



[ v04 p705 ]
04:0705(93)NG
The decision of the Authority follows:


 4 FLRA No. 93
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO,
 LOCAL 2782
 Union
 
 and
 
 DEPARTMENT OF COMMERCE,
 BUREAU OF THE CENSUS,
 WASHINGTON, D.C.
 Agency
 
                                            Case No. 0-NG-184
 
                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 RECORD IN THIS CASE DISCLOSES THAT THE UNION AND THE AGENCY ARE
 PARTIES TO A THREE YEAR AGREEMENT NEGOTIATED IN MID-1977 WITH A RIGHT TO
 REOPEN THE AGREEMENT ANNUALLY TO NEGOTIATE UP TO FIVE SECTIONS OF THE
 AGREEMENT AT THE REQUEST OF EITHER PARTY.  IN ADDITION TO THE FIVE
 SECTIONS THAT COULD BE RENEGOTIATED PURSUANT TO THE PARTIES' AGREEMENT,
 THE UNION PROPOSED TO BARGAIN OVER FIFTY-FOUR ADDITIONAL SECTIONS.  THE
 AGENCY REFUSED TO BARGAIN OVER THE ADDITIONAL FIFTY-FOUR SECTIONS,
 TAKING THE FOLLOWING POSITION BEFORE THE AUTHORITY:
 
    IN SUMMARY, IT IS THE BUREAU'S POSITION THAT ITS ALLEGATION WITH
 RESPECT TO ITS OBLIGATION
 
    OR LACK THEREOF TO BARGAIN ON UNION PROPOSALS 19 THROUGH 23 IS NOT
 PROPERLY BEFORE THE
 
    AUTHORITY AT THIS TIME.  THE PARTIES AGREEMENT PROVIDES NO BASIS FOR
 NEGOTIATING THE PROPOSAL