American Federation of Government Employees, Local 3805, AFL-CIO (Union) and Federal Home Loan Bank Board, Boston District Office (Agency)

 



[ v05 p693 ]
05:0693(94)NG
The decision of the Authority follows:


 5 FLRA No. 94
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 3805
 Union
 
 and
 
 FEDERAL HOME LOAN BANK BOARD
 BOSTON DISTRICT OFFICE
 Agency
 
                                            Case No. 0-NG-368
 
                 DECISION AND ORDER 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 (THE STATUTE) (5 U.S.C. 7101 ET
 SEQ.).
 
    THE RECORD INDICATES THAT THE UNIT REPRESENTED BY THE UNION INCLUDES
 A NUMBER OF BANK EXAMINERS WHO TRAVEL THROUGHOUT THE MULTI-STATE BOSTON
 DISTRICT OF THE AGENCY FOR THE PURPOSE OF CONDUCTING BANK EXAMINATIONS.
 WHILE THE EXAMINERS TRAVEL TO AND FROM THEIR HOMES TO THE EXAMINATION
 SITES, THEY ARE EACH ASSIGNED TO AN OFFICIAL DUTY STATION WHICH SERVES,
 AMONG OTHER THINGS, AS THE POINT FROM WHICH AN EXAMINER'S TRAVEL STATUS
 IS DETERMINED.  THESE OFFICIAL DUTY STATIONS EXIST AT VARIOUS
 UNSPECIFIED LOCATIONS WITHIN THE BOSTON DISTRICT.  FOLLOWING THE
 AGENCY'S DETERMINATION THAT THE PREPONDERANCE OF WORK EXISTS IN THE
 BOSTON, MASSACHUSETTS AND HARTFORD, CONNECTICUT AREAS, THE AGENCY
 DECIDED TO DESIGNATE ONLY THOSE TWO CITIES AS OFFICIAL DUTY STATIONS FOR
 BANK EXAMINERS WITHIN THE BOSTON DISTRICT AND TO ELIMINATE ALL OTHER
 OFFICIAL DUTY STATIONS.  THE UNION THEREUPON SUBMITTED THE FOLLOWING
 PROPOSAL:
 
    INCUMBENT EXAMINERS WILL REMAIN ASSIGNED TO THEIR PRESENT DUTY
 STATIONS.  HOWEVER, NEWLY
 
    HIRED EXAMINERS MAY BE ASSIGNED TO THE REMAINING OFFICIAL DUTY
 STATIONS IN HARTFORD,
 
    CONNECTICUT OR BOSTON, MASSACHUSETTS.
 
                       QUESTION BEFORE THE AUTHORITY
 
    THE QUESTION IS WHETHER THE PROPOSAL CONFLICTS WITH MANAGEMENT'S
 RESERVED RIGHTS UNDER THE STATUTE OR WHETHER THE PROPOSAL ESTABLISHES A
 NEGOTIABLE PROCEDURE WITHIN THE MEANING OF SECTION 7106(B)(2) OR
 CONSTITUTES AN APPROPRIATE ARRANGEMENT FOR ADVERSELY AFFECTED EMPLOYEES
 WITHIN THE MEANING OF SECTION 7106(B)(3).
 
                                  OPINION
 
    CONCLUSION AND ORDER:  THE PROPOSAL CONFLICTS WITH THE AGENCY'S RIGHT
 TO DETERMINE ITS ORGANIZATION UNDER SECTION 7106(A)(1) OF THE STATUTE.
 /1/ ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S RULES
 AND REGULATIONS (5 CFR 2424.10, AS AMENDED BY 45 F.R. 48575), IT IS
 ORDERED THAT THE PETITION FOR REVIEW OF THE DISPUTED PROPOSAL BE AND IT
 HEREBY IS, DISMISSED.
 
    REASONS:  THE UNION CONCEDES, AND THE AUTHORITY FINDS, THAT THE
 AGENCY HAS THE RIGHT TO DETERMINE WHERE ITS OFFICIAL DUTY STATIONS SHALL
 BE ESTABLISHED AND MAINTAINED.  THIS RIGHT FLOWS FROM SECTION 7106(A)(1)
 OF THE STATUTE WHICH GIVES TO AGENCY MANAGEMENT THE RIGHT TO DETERMINE
 THE "ORGANIZATION"-- I.E., THE ADMINISTRATIVE OR FUNCTIONAL STRUCTURE--
 OF THE AGENCY.  /2/ IN THE INSTANT CASE, THE UNION'S PROPOSAL CLEARLY
 WOULD REQUIRE THE AGENCY ORGANIZATIONALLY TO MAINTAIN OFFICIAL DUTY
 STATIONS FOR INCUMBENT BANK EXAMINERS IN LOCATIONS OTHER THAN BOSTON AND
 HARTFORD SINCE, IN EFFECT, IT WOULD PROHIBIT THE AGENCY FROM ELIMINATING
 THEM.
 
    NEVERTHELESS, THE UNION ARGUES THAT ITS PROPOSAL MERELY ESTABLISHES A
 NEGOTIABLE PROCEDURE AND AN APPROPRIATE ARRANGEMENT FOR EMPLOYEES
 ADVERSELY AFFECTED BY THE EXERCISE OF MANAGEMENT'S RESERVED RIGHTS
 WITHIN THE MEANING OF SECTIONS 7106(B)(2) AND 7106(B)(3) OF THE STATUTE,
 RESPECTIVELY.  /3/
 
    IN THIS CONNECTION, THE UNION CLAIMS THAT THE PROPOSAL WOULD NOT
 PREVENT THE AGENCY FROM DESIGNATING BOSTON AND HARTFORD AS THE ONLY
 OFFICIAL DUTY STATIONS WITHIN THE BOSTON DISTRICT BUT WOULD SIMPLY DELAY
 THE FULL IMPLEMENTATION OF THAT DECISION FOR AS LONG AS THE INCUMBENT
 EXAMINERS REMAIN.  FOR THE FOLLOWING REASONS, THE UNION'S CONTENTIONS
 CANNOT BE SUSTAINED.
 
    SECTION 7106(A) OF THE STATUTE ENUMERATES VARIOUS RESERVED MANAGEMENT
 RIGHTS, THE EXERCISE OF WHICH ARE SUBJECT TO THE PROVISIONS OF SECTION
 7106(B).  CONTRARY TO THE UNION'S ASSERTION, THE PROPOSAL IN THE INSTANT
 CASE DOES NOT CONSTITUTE A NEGOTIABLE PROCEDURE WITHIN THE MEANING OF
 SECTION 7106(B)(2) INASMUCH AS THE PROPOSAL WOULD NOT MERELY DELAY THE
 EXERCISE OF THE AGENCY'S RIGHT TO ELIMINATE CERTAIN OFFICIAL DUTY
 STATIONS BUT WOULD PREVENT THE AGENCY FROM ACTING AT ALL TO ELIMINATE
 THOSE DUTY STATIONS INSOFAR AS THE INCUMBENT BANK EXAMINERS ARE
 CONCERNED.
 
    SIMILARLY, THE PROPOSAL DOES NOT CONSTITUTE AN APPROPRIATE
 ARRANGEMENT FOR ADVERSELY AFFECTED EMPLOYEES WITHIN THE MEANING OF
 SECTION 7106(B)(3) BECAUSE THE PROPOSAL WOULD HAVE THE EFFECT OF
 NEGATING OR REVERSING MANAGEMENT'S DECISION ITSELF INSOFAR AS THE
 INCUMBENT EXAMINERS ARE CONCERNED.  THUS, IT WOULD PREVENT THE AGENCY
 FROM ACTING AT ALL WITH RESPECT TO DETERMINING THE AGENCY'S ORGANIZATION
 WITH RESPECT TO THE INCUMBENT EXAMINERS.
 
    BASED ON THE FOREGOING, THE AUTHORITY FINDS THAT THE UNION'S PROPOSAL
 CONFLICTS WITH THE AGENCY'S RIGHT TO DETERMINE ITS ORGANIZATION PURSUANT
 TO SECTION 7106(A)(1) OF THE STATUTE.  ACCORDINGLY, THE AGENCY'S
 ALLEGATION THAT THE PROPOSAL IS NOT WITHIN THE DUTY TO BARGAIN IS
 SUSTAINED.
 
    ISSUED, WASHINGTON, D.C., MAY 28, 1981
 
                        RONALD W.HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
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