International Association of Fire Fighters, Local F-116, AFL-CIO, CLC (Union) and Department of the Air Force, Vandenberg Air Force Base, California (Agency)

 



[ v07 p752 ]
07:0752(122)NG
The decision of the Authority follows:


 7 FLRA No. 122
 
 INTERNATIONAL ASSOCIATION OF
 FIREFIGHTERS, AFL-CIO, CLC,
 LOCAL F-116
 Union
 
 and
 
 DEPARTMENT OF THE AIR FORCE,
 VANDENBERG AIR FORCE BASE,
 CALIFORNIA
 Agency
 
                                            Case No. O-NG-327
 
                 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 AN ISSUE AS TO THE NEGOTIABILITY OF THE FOLLOWING UNION
 PROPOSAL:
 
    ARTICLE 4, TRAINING, SECTION 1
 
    1.  THE FIRE PROTECTION BRANCH'S TRAINING PROGRAM WILL BE CONDUCTED
 IN ACCORDANCE WITH
 
    APPLICABLE OFFICE OF PERSONNEL MANAGEMENT REGULATIONS, AIR FORCE
 REGULATIONS AND DE OPERATING
 
    INSTRUCTIONS. TRAINING PERIODS:  TRAINING WILL BE SCHEDULED FOR
 NORMAL DUTY HOURS, 0730-1630
 
    HOURS, MONDAY THROUGH FRIDAY.  TRAINING MAY BE SCHEDULED FROM
 0730-1100 ON SATURDAYS.  SUNDAYS
 
    AND HOLIDAYS WILL ONLY BE CONDUCTED AT THE DIRECTION OF THE BASE FIRE
 CHIEF. IF CONDITIONS
 
    WARRANT TRAINING, I.E., MAKEUP, PROFICIENCY OR NIGHT OPERATIONS, IT
 MAY BE CONDUCTED. TRAINING
 
    OPERATIONS WILL NOT BE INITIATED AFTER 2030 HOURS.  ALL VEHICLES WILL
 BE RETURNED TO SERVICE
 
    NO LATER THAN 2130 HOURS.  (ONLY THE UNDERSCORED PORTION OF THE
 PROPOSAL IS IN DISPUTE.)
 
    UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
 PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATION.
 
    THE DISPUTED PROPOSAL IN THIS CASE WOULD PRESCRIBE THAT THE AGENCY
 ONLY COULD SCHEDULE TRAINING DURING CERTAIN HOURS OR ON CERTAIN DAYS OF
 THE NORMAL 24-HOUR SHIFTS COMPRISING THE WORKWEEK OF THE FIRE FIGHTERS
 INVOLVED.  IN THIS RESPECT, THE PROPOSAL BEARS NO MATERIAL DIFFERENCE
 FROM SECTION 1 OF PROPOSAL I WHICH WAS BEFORE THE AUTHORITY IN
 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL F-61 AND PHILADELPHIA
 NAVAL SHIPYARD, 3 FLRA NO. 66(1980), AND HELD TO BE OUTSIDE THE DUTY TO
 BARGAIN UNDER THE STATUTE.  IN THAT CASE, THE AUTHORITY RULED THAT THE
 UNION'S PROPOSAL TO LIMIT THE ABILITY OF THE AGENCY TO ASSIGN TRAINING
 AT ALL AFTER SPECIFIED HOURS DURING THE WORKDAY OR ON CERTAIN DAYS OF A
 FIRE FIGHTER'S WORKWEEK WAS INCONSISTENT WITH MANAGEMENT'S RIGHT UNDER
 SECTION 7106(A)(2)(B) OF THE STATUTE "TO ASSIGN WORK" TO EMPLOYEES.
 CONSEQUENTLY, FOR THE REASONS STATED IN THAT CASE, THE DISPUTED PROPOSAL
 MUST ALSO BE HELD TO BE OUTSIDE THE DUTY TO BARGAIN UNDER SECTION
 7106(A)(2)(B).
 
    ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S RULES AND
 R