American Federation of Government Employees, Local 1760 (Union) and Department of Health, Education and Welfare, Social Security Administration, Northeastern Program Service Center, Flushing, New York (Agency)

 8 FLRA No. 40
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 AFL-CIO, LOCAL 1760
 Union
 
 and
 
 DEPARTMENT OF HEALTH, EDUCATION
 AND WELFARE,
 SOCIAL SECURITY ADMINISTRATION,
 NORTHEASTERN PROGRAM SERVICE
 CENTER, FLUSHING, NEW YORK
 Agency
 
                                            Case No. 0-NG-270
 
                 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 2, RECORD KEEPING
 
    A SIGN-IN/SIGN-OUT REGISTER SHALL BE ESTABLISHED FOR THE PURPOSE OF
 RECORDING ALL ARRIVAL
 
    AND DEPARTURE ENTRIES, INCLUDING LEAVE AND OVERTIME, ON A DAILY
 BASIS.
 
    UPON CAREFUL CONSIDERATION OF THE ENTIRE PERIOD, INCLUDING THE
 PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATIONS.
 THE DISPUTE AS TO THIS PROPOSAL AROSE DURING THE COURSE OF THE PARTIES'
 MID-TERM BARGAINING ON THE ISSUE OF FLEXITIME.  THE AGENCY CLAIMS,
 WITHOUT PROVIDING SPECIFIC SUPPORT, THAT THE PROPOSED TIMEKEEPING
 PROCEDURE WOULD INTERFERE WITH ITS RIGHTS TO DETERMINE ITS INTERNAL
 SECURITY PRACTICES UNDER SECTION 7106(A)(1) AND TO DETERMINE ITS MEANS
 OF PERFORMING WORK UNDER SECTION 7106(B)(1) OF THE STATUTE.  IN THE
 ABSENCE OF ANY SHOWING BY THE AGENCY OF HOW THE PROPOSED PROCEDURE
 WOULD
 INTERFERE WITH THESE MANAGEMENT RIGHTS, AS NO INTERFERENCE IS OTHERWISE
 APPARENT, THERE IS NO BASIS FOR SUSTAINING THE AGENCY'S ALLEGATION THAT
 THE PROPOSED PROCEDURE IS OUTSIDE THE DUTY TO BARGAIN.  SEE NATIONAL
 TREASURY EMPLOYEES UNION AND NTEU CHAPTER 61 AND DEPARTMENT OF THE
 TREASURY, INTERNAL REVENUE SERVICE, ALBANY DISTRICT, NEW YORK, 7 FLRA
 NO. 47(1981).  SEE ALSO, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 AFL-CIO, LOCAL 15 AND DEPARTMENT OF THE TREASURY, INTERNAL REVENUE
 SERVICE, NORTH ATLANTIC REGION, 2 FLRA 874(1980);  AND NATIONAL TREASURY
 EMPLOYEES UNION AND U.S. CUSTOMS SERVICE, REGION VIII, SAN FRANCISCO,
 CALIFORNIA, 2 FLRA 254(1979).
 
    ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S RULES AND
 REGULATIONS (5 0CFR 2424.10(1981)), IT IS ORDERED THAT THE AGENCY SHALL
 UPON REQUEST (OR AS OTHERWISE AGREED TO BY THE PARTIES) BARGAIN
 CONCERNING THE SUBJECT PROPOSAL.  /1/
 
    ISSUED, WASHINGTON, D.C., MARCH 11, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ IN DECIDING THAT THE SUBJECT PROPOSAL IS WITHIN THE DUTY TO
 BARGAIN, THE AUTHORITY, OF COURSE, MAKES NO JUDGMENT AS TO ITS MERITS.