International Association of Fire Fighters, Local F-215 (Union) and Headquarters, 15th Infantry Division (Mechanized), Fort Polk, Louisiana (Agency)

 



[ v08 p417 ]
08:0417(89)NG
The decision of the Authority follows:


 8 FLRA No. 89
 
 INTERNATIONAL ASSOCIATION OF
 FIRE FIGHTERS, LOCAL F-215
 Union
 
 and
 
 HEADQUARTERS, 15TH INFANTRY
 DIVISION (MECHANIZED), FORT
 POLK, LOUISIANA
 Agency
 
                                            Case No. O-NG-453
 
                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)
 AND RAISES QUESTIONS RELATING TO THE NEGOTIABILITY OF THE FOUR FOLLOWING
 UNION PROPOSALS.
 
                             UNION PROPOSAL 1
 
                                ARTICLE XXI
 
                                 SECURITY
 
    SECTION 4.  THE EMPLOYER AGREES THAT SECURITY ACTIVITIES THAT DO NOT
 DIRECTLY PERTAIN TO PHYSICAL SECURITY OF THE FIRE STATION SHALL NOT BE
 PERFORMED BY UNIT EMPLOYEES.
 
                            UNION PROPOSALS 2-4
 
                               ARTICLE XXII
 
                             WORK ASSIGNMENTS
 
    SECTION 1.  THE EMPLOYER RECOGNIZES THAT THE PRIMARY FUNCTION OF UNIT
 EMPLOYEES ARE FIRE PREVENTION, FIRE PROTECTION AND LIFE SAFETY.
 
    SECTION 3.  TEMPORARY DUTY ASSIGNMENTS NOT TO EXCEED THIRTY (30)
 DAYS, SUCH AS ACTING DRIVER-OPERATOR AND CREW CHIEF AT THE FIRE HOUSES
 WILL BE MADE ON A ROTATING BASIS AMONG AVAILABLE PERSONNEL.
 
    SECTION 4.  THE REPAIR, MAINTENANCE, REHABILITATION AND UPKEEP OF
 FIRE PROTECTION QUARTERS, HYDRANTS, FIRE HOSES AND RELATED EQUIPMENT,
 WORK ORDER PHONES, AND OPEN AND CLOSING GATES, GASING VEHICLES AFTER
 HOURS OTHER THAN F.D., SHALL NOT BE THE RESPONSIBILITY OF THE UNIT
 EMPLOYEES.  THE UNIT EMPLOYEES WILL BE REQUIRED TO REMOVE ICE FROM THE
 POST ONLY IN EMERGENCY.  THIS DOES NOT INCLUDE REMOVAL OF ICE FROM
 AROUND THE FIRE STATION TO WHICH ASSIGNED.
 
    UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
 PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATIONS.
 UNION PROPOSALS 2-4, HEREIN, ARE NOT MATERIALLY DIFFERENT FROM SECTIONS
 1, 3 AND 4, OF THE PROPOSAL WHICH WAS BEFORE THE AUTHORITY IN
 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL F-109, AFL-CIO AND
 DEPARTMENT OF THE ARMY, HEADQUARTERS, CARLISLE BARRACKS, CARLISLE,
 PENNSYLVANIA, 8 FLRA NO. 7 (1982).  IN THAT CASE THE AUTHORITY CONCLUDED
 THAT:
 
    (T)HE ENTIRE PROPOSAL WOULD DIRECTLY INTERFERE WITH MANAGEMENT'S
 RIGHT TO ASSIGN WORK BY
 
    REQUIRING THAT "WORK ASSIGNMENTS" BE CONSISTENT WITH THE PRIMARY
 FUNCTION 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.
 
    SIMILARLY, UNION PROPOSAL 1, HEREIN, WHICH WOULD PROHIBIT THE
 PERFORMANCE BY UNIT EMPLOYEES OF VARIOUS SECURITY ACTIVITIES, LIKEWISE
 WOULD DIRECTLY INTERFERE WITH THE AGENCY'S RIGHT TO ASSIGN WORK BY
 "PROHIBITING THE ASSIGNMENT OF SPECIFIED DUTIES TO FIRE FIGHTERS." HENCE
 ALL OF THE DISPUTED PROPOSALS IN THIS CASE ARE, FOR THE REASONS SET
 FORTH IN CARLISLE BARRACKS, SUPRA, AND THE DECISIONS CITED THEREIN,
 INCONSISTENT WITH THE AGENCY'S RIGHT "TO ASSIGN WORK" PURSUANT TO
 SECTION 7106(A)(2)(B) OF THE STATUTE AND, THEREFORE, OUTSIDE THE 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.
 
    ISSUED, WASHINGTON, D.C., APRIL 30, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY