National Federation of Federal Employees, Local 1263 (Union) and Defense Language Institute, Foreign Language Center, Presidio of Monterey, California (Agency)

 



[ v07 p723 ]
07:0723(114)NG
The decision of the Authority follows:


 7 FLRA No. 114
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 1263
 Union
 
 and
 
 DEFENSE LANGUAGE INSTITUTE
 FOREIGN LANGUAGE CENTER
 PRESIDIO OF MONTEREY, CALIFORNIA
 Agency
 
                                            Case No. O-NG-249
 
                 DECISION AND ORDER ON NEGOTIABILITY ISSUE
 
    THE PETITION FOR REVIEW IN 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),
 AND RAISES THE QUESTION OF THE NEGOTIABILITY OF THE FOLLOWING TWENTY
 UNION PROPOSALS.  UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD,
 INCLUDING THE PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING
 DETERMINATIONS.
 
                       UNION PROPOSALS I THROUGH XX
 
    NO TEACHER WILL TEACH MORE THAN TWO CONSECUTIVE HOURS BETWEEN
 0800-1100 AND 1300-1600 HOURS OF EACH WORKING DAY.
 
    NO TEACHER WILL TEACH MORE THAN TWO CONSECUTIVE HOURS UNLESS THE
 TEACHER HAS BEEN GIVEN A PREPARATION PERIOD OF 30 MINUTES BEFORE THE
 CLASS STARTS AND BETWEEN THE TWO CONSECUTIVE PERIODS.
 
    CORRECTION OF HOMEWORK TIME WILL BE UP TO ONE HOUR PER DAY.
 
    CORRECTION OF VOCABULARY QUIZ, DICTATION UP TO ONE HOUR PER DAY.
 
    PREPARATION OF DAILY QUIZZES UP TO 30 MINUTES PER QUIZ PER TEACHER.
 
    CORRECTION OF DAILY QUIZZES UP TO 15 MINUTES PER STUDENT, PER
 TEACHER.
 
    PREPARATION TIME PER TEACHER FOR INTERIM TEST WILL BE UP TO TWO
 HOURS.
 
    CORRECTION TIME OF INTERIM TEST PER STUDENT BETWEEN 15 UP TO 30
 MINUTES, PER TEACHER.
 
    PHASE TEST OR PERIODIC TEST TO PREPARE PER TEACHER UP TO THREE HOURS
 PER TEST.
 
    CORRECTION OF STUDENT PAPERS FOR PHASE TEST OR PERIODIC TEST TWO
 HOURS, DEPENDING ON SIZE OF CLASS.
 
    RECORDING AND AVERAGING OF GRADES 10 MINUTES PER STUDENT.
 
    PREPARATION OF FINAL EXAMINATION 6 HOURS PER EXAMINATION.
 
    CORRECTION OF FINAL EXAMINATION 30 MINUTES PER STUDENT.
 
    TUTORING OF STUDENTS AND COUNSELING ONE HOUR DAY.
 
    READING TIME FOR EACH TEACHER OF ADMINISTRATIVE BULLETINS 10 MINUTES
 PER DAY.
 
    READING LANGUAGE MATERIALS IN TARGET LANGUAGE ONE HOUR PER DAY PER
 TEACHER.
 
    ATTENDING DEPARTMENT CHAIRMAN'S MEETING ONE HOUR PER WEEK PER
 TEACHER.
 
    CONFERENCE WITH SUPERVISOR ONE HOUR PER TEACHER PER WEEK.
 
    PREPARATION OF WEEKLY TRAINING SCHEDULE 30-60 MINUTES PER WEEK FOR
 TEACHER PREPARING THIS SCHEDULE.
 
    JURY DUTY.  IN THE EVENT AN INSTRUCTOR IS CALLED FOR JURY DUTY, THE
 ICHS - INSTRUCTOR CONTACT HOURS, THAT IS, THE TIME SPENT ACTUALLY
 TEACHING ON THE PLATFORM - FOR THE REMAINING INSTRUCTORS WILL NOT BE
 INCREASED FROM FOUR TO FIVE ICHS.
 
    IN NATIONAL TREASURY EMPLOYEES UNION AND DEPARTMENT OF THE TREASURY,
 BUREAU OF THE PUBLIC DEBT, 3 FLRA NO. 119(19801, APPEAL DOCKETED, NO.
 80-1895(D.C. CIR. AUG. 4, 1980) AT 7 OF THE DECISION, THE AUTHORITY
 STATED AS FOLLOWS:
 
    THE RIGHT TO ASSIGN WORK TO EMPLOYEES OR POSITIONS UNDER SECTION
 7106(A), SUBJECT TO THE PROVISIONS OF SECTION 7106(B), IS COMPOSED OF
 TWO DISCRETIONARY ELEMENTS:  (1) THE PARTICULAR DUTIES AND WORK TO BE
 ASSIGNED, AND (2) THE PARTICULAR EMPLOYEES TO WHOM OR POSITIONS TO WHICH
 IT WILL BE ASSIGNED.  FURTHERMORE, MANAGEMENT DISCRETION IN THIS REGARD
 INCLUDES THE RIGHT TO ASSIGN GENERAL CONTINUING DUTIES, TO MAKE SPECIFIC
 PERIODIC WORK ASSIGNMENTS TO EMPLOYEES, TO DETERMINE WHEN SUCH
 ASSIGNMENTS WILL OCCUR AND TO DETERMINE WHEN THE WORK WHICH HAS BEEN
 ASSIGNED WILL BE PERFORMED.
 
    CONTRARY TO THE UNION'S CONTENTION THAT THE PROPOSALS ARE NEGOTIABLE
 PROCEDURES UNDER SECTION 7106(B)(2) OF THE STATUTE, /1/ EACH OF THE
 PROPOSALS IN THIS CASE WOULD DIRECTLY INTERFERE WITH THE RIGHT TO ASSIGN
 WORK BY ALLOCATING A SPECIFIC AMOUNT OF TIME FOR THE ACCOMPLISHMENT OF A
 SPECIFIC DUTY.  THUS, BASED ON BUREAU OF THE PUBLIC DEBT, SUPRA, AND THE
 CASES CITED THEREIN, THESE PROPOSALS ARE OUTSIDE THE DUTY TO BARGAIN
 UNDER SECTION 7106(A)(2)(B). /2/ ACCORDINGLY, PURSUANT TO SECTION
 2424.10 OF THE AUTHORITY'S RULES AND REGULATIONS (5 CFR 2424.10(1981)),
 IT IS ORDERED THAT THE UNION'S PETITION FOR REVIEW BE, AND IT HEREBY IS,
 DISMISSED.  /3/
 
    ISSUED, WASHINGTON, D.C., JANUARY 22, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
                       HENRY B. FRAZIER III, MEMBER
                       LEON B. APPLEWHAITE, MEMBER
                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ SECTION 7106(B)(2) PROVIDES:
 
    SEC. 7106.  MANAGEMENT RIGHTS
 
   .          .          .          .
 
 
    (B) NOTHING IN THIS SECTION SHALL PRECLUDE ANY AGENCY AND ANY LABOR
 ORGANIZATION FROM
 
    NEGOTIATING --
 
   .          .          .          .
 
 
    (2) PROCEDURES WHICH MANAGEMENT OFFICIALS OF THE AGENCY WILL OBSERVE
 IN EXERCISING ANY
 
    AUTHORITY UNDER THIS SECTION(.)
 
    /2/ SECTION 7106(A)(2)(B) PROVIDES, IN PERTINENT PART:
 
    SEC. 7106.  MANAGEMENT RIGHTS
 
    (A) SUBJECT TO SUBSECTION (B) OF THIS SECTION, NOTHING IN THIS
 CHAPTER SHALL AFFECT THE
 
    AUTHORITY OF ANY MANAGEMENT OFFICIAL OF ANY AGENCY--
 
   .          .          .          .
 
 
    (2) IN ACCORDANCE WITH APPLICABLE LAWS--
 
   .          .          .          .
 
 
    "(B) TO ASSIGN WORK . . . (.)
 
    /3/ IN LIGHT OF THIS CONCLUSION, IT IS UNNECESSARY TO PASS UPON THE
 AGENCY'S ADDITIONAL CONTENTIONS THAT THE