National Federation of Federal Employees, Local 75 (Union) and Social Security Administration, Office of Program Operations, Cincinnati, Ohio (Agency) 

 



[ v08 p403 ]
08:0403(85)NG
The decision of the Authority follows:


 8 FLRA No. 85
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES LOCAL 75
 Union
 
 and
 
 SOCIAL SECURITY ADMINISTRATION,
 OFFICE OF PROGRAM OPERATIONS,
 CINCINNATI, OHIO
 Agency
 
                                            Case No. O-NG-262
 
                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 TWO
 UNION PROPOSALS.  /1/ UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD,
 INCLUDING THE PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING
 DETERMINATIONS.
 
                             UNION PROPOSAL I
 
    SECTION 4.4.  THE EMPLOYER RECOGNIZES THE RIGHT OF THE UNION TO
 MEMBERSHIP SOLICITATION
    DURING NON-WORK TIME IN NON-WORK AREAS.  THE EMPLOYEES' WORK AREA IS
 CONSIDERED A NON-WORK AREA IF NO EMPLOYEE IS WORKING.
 
 
    IN ALLEGING THAT UNION PROPOSAL I IS NONNEGOTIABLE, THE AGENCY RELIES
 EXCLUSIVELY ON SECTION 7131(B) OF THE STATUTE.  /2/ THE AUTHORITY
 CONCLUDES THAT THE PROPOSAL, ON ITS FACE, IS NOT VIOLATIVE OF THE CITED
 SECTION AND IS THEREFORE NEGOTIABLE.  THE MATTER DISPOSITIVE O