American Federation of Government Employees, Local 2578, AFL-CIO (Union) and General Services Administration, National Archives and Records Service, Washington, DC (Agency) 



[ v08 p407 ]
08:0407(86)NG
The decision of the Authority follows:


 8 FLRA No. 86
 
 LOCAL 2578, AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO
 Union
 
 and
 
 GENERAL SERVICES ADMINISTRATION,
 NATIONAL ARCHIVES AND RECORDS SERVICE,
 WASHINGTON, D.C.
 Agency
 
                                            Case No. O-NG-165
 
                 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 INVOLVES THE NEGOTIABILITY OF THE FOLLOWING UNION PROPOSAL:
 
    NO EMPLOYEE WILL BE DENIED AN ASSIGNMENT ON THE GROUNDS THAT HE OR
 SHE WILL HAVE AGGREGATED
 
    MORE THAN 40% OF THE ANNUAL SALARY FOR THE FIRST STEP OF GS-3 OR
 OTHER IMPROPER GROUNDS.
 
    UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
 PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATIONS.
 THE RECORD IN THIS CASE INDICATES THAT THE BARGAINING UNIT INVOLVED
 INCLUDES EMPLOYEES APPOINTED TO "NONTEMPORARY POSITIONS THE DUTIES OF
 WHICH ARE PART-TIME OR INTERMITTENT." THE UNION'S PROPOSAL WOULD REQUIRE
 THE AGENCY TO ASSIGN WORK TO THESE EMPLOYEES WITHOUT REGARD TO ONE OF
 THE TERMS OF THEIR APPOINTMENTS, I.E., THAT DURING A GIVEN YEAR