8 FLRA NO. 1

NATIONAL TREASURY EMPLOYEES UNION

                  Union

          and

U.S. CUSTOMS SERVICE,
WASHINGTON, D.C.

                  Agency

Case No. 0-NG-281

DECISION AND ORDER ON NEGOTIABILITY ISSUES

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) (5 U.S.C. 7101 et seq.), and raises the question of the negotiability of three Union proposals. Upon careful consideration of the entire record, including the parties' contentions, the Authority makes the following determinations.

Union Proposal I

Hats may only be required when working out of doors, or where headgear is required for safety, excluding uniformed personnel performing vehicle inspection. (Only the underlined portion is in dispute.) 1

The Authority agrees with the Agency that the underlined portion of this proposal is negotiable only at the election of the Agency pursuant [ v8 p3 ] to section 7106(b)(1) of the Statute. 2 Since the Agency has elected not to negotiate, the proposal is outside the duty to bargain. More specifically, the Authority concludes that the underlined portion of Union proposal I concerns "the means of performing work" within the meaning of that phrase in section 7106(b)(1). The record in this case shows that the principal purpose of the Customs Service's law enforcement uniform is to enable the public to readily identify the wearer as a representative of Gove