International Brotherhood of Electrical Workers, Local 121, AFL-CIO (Union) and U.S. Government Printing Office, Washington, D.C. (Agency)

 



[ v08 p188 ]
08:0188(35)NG
The decision of the Authority follows:


 8 FLRA No. 35
 
 INTERNATIONAL BROTHERHOOD OF
 ELECTRICAL WORKERS, AFL-CIO, LOCAL 121
 Union
 
 and
 
 U.S. GOVERNMENT PRINTING OFFICE,
 WASHINGTON, D.C.
 Agency
 
                                            Case No. O-NG-365
 
                 ORDER DENYING MOTION FOR RECONSIDERATION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON A MOTION BY LOCAL 121 OF THE
 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO FOR
 RECONSIDERATION OF THE PORTION OF THE AUTHORITY'S DECISION AND ORDER
 RELATING TO PROPOSAL 1 IN INTERNATIONAL BROTHERHOOD OF ELECTRICAL
 WORKERS, AFL-CIO, LOCAL 121 AND U.S. GOVERNMENT PRINTING OFFICE,
 WASHINGTON, D.C., 8 FLRA NO.  35(1982).
 
    PROPOSAL 1 CONCERNED, FIRST, THE ASSIGNMENT OF CERTAIN TRAINING TO
 UNIT EMPLOYEES AND, SECOND, A "WORK PRESERVATION" REQUIREMENT, THAT IS,
 THE CONTINUED ASSIGNMENT OF WORK TO UNIT EMPLOYEES WHICH HAD
 TRADITIONALLY AND HISTORICALLY BEEN PERFORMED BY SUCH EMPLOYEES.  THE
 AUTHORITY FOUND THIS PROPOSAL TO BE OUTSIDE THE DUTY TO BARGAIN.
 
    IN ITS MOTION FOR RECONSIDERATION, THE UNION STATES THAT THE MOTION
 WAS NECESSITATED "BECAUSE THE ORIGINAL INFORMATION SUBMITTED TO THE
 AUTHORITY BY OUR UNION (IN ITS RESPONSE TO THE AGENCY'S STATEMENT OF
 POSITION) DID NOT PRESENT THE AUTHORITY WITH A CLEAR OVER-ALL VIEW OF
 THE UNIQUE COMPLEXITY OF THE PROBLEMS OF TRAINING AND PROTECTION OF JOBS
 THAT HAS SUCCESSFULLY BEEN DONE BY OUR MEMBERS FOR MANY YEARS." THE
 UNION THEN ESSENTIALLY DISPUTES VARIOUS CONTENTIONS MADE BY THE AGENCY
 IN ITS STATEMENT OF POSITION FILED WITH THE AUTHORITY AND, IN ADDITION,
 INCLUDES AN UNDATED "WORK PRESERVATION" AGREEMENT PURPORTEDLY ENTERED
 INTO BY THE AGENCY.
 
    AS TO SUCH MOTIONS FOR RECONSIDERATION, SECTION 2429.17 OF THE
 AUTHORITY'S RULES AND REGULATIONS PROVIDES, IN PART, THAT THE MOVING
 PARTY MUST ESTABLISH "EXTRAORDINARY CIRCUMSTANCES" IN ITS MOVING PAPERS.
  THE UNION HEREIN HAS NOT DONE SO.  SPECIFICALLY IN THIS RESPECT, AND IN
 THE ABSENCE OF ANY EVIDENCE OR EVEN AN ASSERTION TO THE CONTRARY, IT
 APPEARS THAT THE MATTERS NOW SOUGHT TO BE ADDUCED BY THE UNION ARE
 MERELY MATTERS WHICH PROPERLY COULD HAVE BEEN INCLUDED IN ITS ORIGINAL
 RESPONSE TO THE AGENCY'S STATEMENT OF POSITION.
 
    ACCORDINGLY IT IS ORDERED THAT THE UNION'S MOTION FOR RECONSIDERATION
 BE, AND IT HEREBY IS, DENIED.
 
    ISSUED, WASHINGTON, D.C., JULY 28, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY