National Labor Relations Board Union (Union) and General Counsel of the National Labor Relations Board (Agency)



[ v05 p696 ]
05:0696(95)NG
The decision of the Authority follows:


 5 FLRA No. 95
 
 NATIONAL LABOR RELATIONS BOARD UNION
 Union
 
 and
 
 GENERAL COUNSEL OF THE NATIONAL
 LABOR RELATIONS BOARD
 Agency
 
                                            Case No. 0-NG-188
 
                 DECISION AND ORDER ON NEGOTIABILITY ISSUE
 
    THIS PETITION FOR REVIEW 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 ISSUE PRESENTED IS THE NEGOTIABILITY OF THE
 FOLLOWING UNION PROPOSAL.
 
    III.  PHOTOCOPYING OF CASE FILE MATERIALS
 
    A.  THE AGENCY AGREES THAT EMPLOYEES AND UNION OFFICIALS WILL BE
 PERMITTED TO PHOTOCOPY
 
    CASE FILE MATERIAL FOR THE PURPOSE OF GRIEVANCE PROCESSING UP TO AND
 INCLUDING
 
    ARBITRATION.  EMPLOYEES AND UNION OFFICIALS WILL ONLY PHOTOCOPY SUCH
 CASE FILE MATERIAL AS IS
 
    RELEVANT AND NECESSARY TO GRIEVANCE PROCESSING UP TO AND INCLUDING
 ARBITRATION.
 
    B. NO EMPLOYEE OR UNION OFFICIAL, HOWEVER, WILL DISCLOSE CASE FILE
 MATERIAL TO ANY
 
    NON-EMPLOYEE EXCEPT AFTER FIRST COMPLYING WITH SECTION 102.118 OF THE
 BOARD'S RULES IN THE
 
    MANNER DESCRIBED IN THIS SUPPLEMENTAL AGREEMENT.
 
    C.  ALL EMPLOYEES AND UNION OFFICIALS WILL HANDLE ALL CASE FILE
 MATERIAL WITH THE HIGHEST
 
    STANDARD OF CARE TO ASSURE THAT THERE WILL BE NO DISCLOSURE TO
 NON-EMPLOYEES.
 
    D.  UPON REQUEST BASED UPON REASONABLE GROUNDS, AND IN ORDER TO
 ASSURE THAT EMPLOYEES AND
 
    UNION OFFICIALS ARE COMPLYING WITH THE FOREGOING PROVISIONS OF THIS
 SECTION, THE AGENCY MAY
 
    FROM TIME TO TIME, REQUIRE AN ACCOUNTING OF THE CASE FILE MATERIAL
 PHOTOCOPIES.  /1/
 
                       QUESTION BEFORE THE AUTHORITY
 
    THE QUESTION IS WHETHER THE DISPUTED PORTIONS OF THE UNION'S PROPOSAL
 ARE INCONSISTENT WITH THE AGENCY'S AUTHORITY UNDER SECTION 7106(A)(1) OF
 THE STATUTE TO DETERMINE ITS INTERNAL SECURITY PRACTICES, AS ALLEGED BY
 THE AGENCY. /2/
 
                                  OPINION
 
    CONCLUSION AND ORDER:  THE DISPUTED PORTIONS OF THE UNION'S PROPOSAL
 WOULD LIMIT THE AGENCY IN DETERMINING ITS INTERNAL SECURITY PRACTICES
 UNDER SECTION 7106(A)(1) OF THE STATUTE WITH RESPECT TO THE AGENCY'S
 INVESTIGATIVE FILES.  THEREFORE, THE PROPOSAL IS NOT WITHIN THE DUTY TO
 BARGAIN. 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 UNION'S PETITION FOR REVIEW BE, AND IT HEREBY IS,
 DISMISSED.
 
    REASONS:  THE PARTIES DO NOT DISPUTE THAT THE CASE FILE MATERIALS
 WHICH ARE THE SUBJECT OF THE PROPOSAL HEREIN ARE AGENCY INVESTIGATIVE
 RECORDS USED IN THE COURSE OF INVESTIG