International Association of Fire Fighters, Local F-109 (Union) and Department of the Army, Headquarters Carlisle Barracks, Carlisle, Pennsylvania (Agency)

 



[ v08 p35 ]
08:0035(7)NG
The decision of the Authority follows:


 8 FLRA No. 7
 
 INTERNATIONAL ASSOCIATION
 OF FIRE FIGHTERS, LOCAL F-109,
 AFL-CIO
 Union
 
 and
 
 DEPARTMENT OF THE ARMY,
 HEADQUARTERS, CARLISLE BARRACKS,
 CARLISLE, PENNSYLVANIA
 Agency
 
                                            Case No. 0-NG-298
 
                 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 UNION
 PROPOSAL:
 
    ARTICLE XIX WORK ASSIGNMENTS
 
    SECTION 1 - THE EMPLOYER RECOGNIZING THE PRIMARY FUNCTIONS OF THE
 FIRE DEPARTMENT WHICH ARE
    FIRE PREVENTION, FIRE PROTECTION AND LIFE SAFETY.
 
    SECTION 2 - THE EMPLOYER DETERMINING WORK SCHEDULES AND ASSIGNMENTS
 WHEN REASONABLY USED
    WITHIN POSITION AND CLASSIFICATION STANDARDS FOR FIRE FIGHTERS,
 GS-081 SERIES, APRIL, 1976.
 
    SECTION 3 - TEMPORARY DUTY ASSIGNMENTS NOT TO EXCEED 30 DAYS SUCH AS
 ACTING DRIVER AND LEAD
    FIRE FIGHTER-- SUCH ASSIGNMENTS WILL BE MADE ON A ROTATING BASIS
 AMONG AVAILABLE CANDIDATES.
 
    SECTION 4 - REPAIR, MAINTENANCE, REHABILITATION AND UPKEEP OF FIRE
 PROTECTION QUARTERS AND
    RELATED EQUIPMENT SHALL NOT BE THE DUTY OF UNIT EMPLOYEES.  ALSO, THE
 REMOVAL OF SNOW, EXCEPT
 
    AROUND THE FIRE STATION, SHALL NOT BE THE DUTY OF UNIT EMPLOYEES.
 
    UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
 PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATIONS.
 
    IN ACCORDANCE WITH THE LANGUAGE USED IN THE PROPOSAL ITSELF, /1/ THE
 AUTHORITY CONCLUDES THAT THE ENTIRE PROPOSAL WOULD DIRECTLY INTERFERE
 WITH MANAGEMENT'S RIGHT TO ASSIGN WORK BY REQUIRING THAT "WORK
 ASSIGNMENTS" BE CONSISTENT WITH THE PRIMARY FUNCTIONS OF THE FIRE
 DEPARTMENT AND/OR POSITION CLASSIFICATION STANDARDS FOR FIRE FIGHTERS;
 REQUIRING ASSIGNMENT OF DUTIES ON A ROTATIONAL BASIS TO EMPLOYEES
 AVAILABLE FOR THE ASSIGNMENT;  AND PROHIBITING THE ASSIGNMENT OF
 SPECIFIED DUTIES TO FIRE FIGHTERS.  FOR THE REASONS STATED FULLY IN
 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL F-61 AND PHILADELPHIA
 NAVAL SHIPYARD, 3 FLRA 438(1980);  AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 695 AND DEPARTMENT OF THE TREASURY, U.S. MINT,
 DENVER, COLORADO, 3 FLRA 43(1980);  AND ASSOCIATION OF CIVILIAN
 TECHNICIANS AND STATE OF GEORGIA NATIONAL GUARD, 2 FLRA 604(1980) THE
 PROPOSAL IN THIS CASE MUST BE HELD TO BE INCONSISTENT WITH THE AGENCY'S
 RIGHT "TO ASSIGN WORK" PURSUANT TO SECTION 7106(A)(2)(B) OF THE STATUTE
 AND, THEREFORE, OUTSIDE THE AGENCY'S DUTY TO BARGAIN.
 
    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 IN ITS ENTIRETY.
 
    ISSUED, WASHINGTON, D.C., FEBRUARY 4, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
                       HENRY B. FRAZIER III, MEMBER
                       LEON B. APPLEWHAITE, MEMBER
                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ THE UNION IN THIS CASE PROVIDED NO EXPLANATION OF THE INTENT OF
 ITS PROPOSAL.  IN THIS REGARD, UNIONS ARE REMINDED THAT PURSUANT TO
 SECTION 2424.4(A)(2) OF THE AUTHORITY'S RULES AND REGULATIONS (5 CFR
 2424.4(A)(2)(1981)), WHICH SECTION BECAME EFFECTIVE SUBSEQUENT TO THE
 FILING OF THE UNION'S PETITION IN THIS CASE, A PETITION FOR REVIEW OF A
 NEGOTIABILITY ISSUE MUST CONTAIN "AN EXPLICIT STATEMENT OF THE MEANING
 OF THE PROPOSAL BY THE EXCLUSIVE REPRESENTATIVE."