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)(