08:0679(117)NG - IAM Local 2424 and Army, Aberdeen Proving Ground, MD -- 1982 FLRAdec NG



[ v08 p679 ]
08:0679(117)NG
The decision of the Authority follows:


 8 FLRA No. 117
 
 INTERNATIONAL ASSOCIATION OF MACHINISTS
 AND AEROSPACE WORKERS, LOCAL 2424
 Union
 
 and
 
 DEPARTMENT OF THE ARMY
 ABERDEEN PROVING GROUND, MARYLAND
 Agency
 
                                            Case No. O-NG-383
 
                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 ISSUES CONCERNING THE NEGOTIABILITY OF SIX UNION PROPOSALS.
 UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE PARTIES'
 CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATIONS.
 
                          UNION PROPOSALS 1 AND 2
 
    ARTICLE 28-- UNIT WORK
 
    C.  MILITARY PERSONNEL WILL NOT PERFORM BARGAINING UNIT WORK WHICH
 HAS BEEN HISTORICALLY
 
    PERFORMED BY THE BARGAINING UNIT EMPLOYEES.
 
    D.  NORMALLY SUPERVISORS WILL DIRECT THE WORK FORCE AND WILL NOT
 PERFORM BARGAINING UNIT
 
    WORK EXCEPT IN THE CASE OF INSTRUCTING, RESEARCHING, OR AN EMERGENCY.
 
    THE LITERAL LANGUAGE OF THE UNION'S PROPOSALS WOULD PREVENT
 MANAGEMENT FROM ASSIGNING ANY WORK TO MILITARY PERSONNEL WHICH
 HISTORICALLY HAS BEEN PERFORMED BY BARGAINING UNIT EMPLOYEES, AND WOULD
 PREVENT MANAGEMENT FROM ASSIGNING SUCH WORK TO SUPERVISORS EXCEPT FOR
 INSTRUCTION AND RESEARCH WORK OR WHERE AN EMERGENCY EXISTS.  IN NATIONAL
 ASSOCIATION OF AIR TRAFFIC SPECIALISTS AND DEPARTMENT OF TRANSPORTATION,
 FEDERAL AVIATION ADMINISTRATION, 6 FLRA NO. 106(1981), THE AUTHORITY
 DETERMINED THAT PROPOSALS WHICH WOULD LIMIT MANAGEMENT'S RIGHT TO ASSIGN
 BARGAINING UNIT WORK VIOLATED SECTION 7106(A)(2)(B) OF THE STATUTE AND
 HENCE WAS NONNEGOTIABLE.  SUCH CONCLUSION IS EQUALLY APPLICABLE TO
 PROPOSALS 1 AND 2 HEREIN, WHICH ARE THEREFORE OUTSIDE THE DUTY TO
 BARGAIN.
 
                           UNION PROPOSALS 3 - 6
 
    ARTICLE 29 - CONTRACTING OUT OF WORK
 
    SECTION 1.  GENERAL:  IT WILL BE THE POLICY OF THE EMPLOYER TO
 CONSULT OPENLY AND FULLY
 
    WITH THE UNION REGARDING ANY REVIEW OF A FUNCTION FOR CONTRACTING OUT
 OR CONSIDERATION OF
 
    CONTRACTING OUT OF A NEW OR REVISED FUNCTION.  THE EMPLOYER AGREES
 WORK WILL NOT BE CONTRACTED
 
    OUT WHEN IT CAN BE DEMONSTRATED THAT WORK PERFORMED "IN-HOUSE" IS
 MORE ECONOMICALLY AND
 
    EFFECTIVELY PERFORMED.  "MILESTONE CHARTS" RELATED TO REVIEW OR
 FEASIBILITY STUDIES FOR
 
    CONTRACTING OUT OF WORK WILL BE MADE AVAILABLE TO THE UNION.  THE
 EMPLOYER WILL CONSULT WITH
 
    THE UNION AS ACTIONS ARE TAKEN IN ACCORDANCE WITH SUCH CHARTS.
 
    SECTION 2.  IN ACCORDANCE WITH OFFICE OF FEDERAL PROCUREMENT POLICY
 CIRCULAR A-76, POLICIES
 
    ESTABLISHED THEREIN SHALL NOT BE USED:
 
    A.  AS AUTHORITY TO ENTER INTO CONTRACTS IF SUCH AUTHORITY DOES NOT
 OTHERWISE EXIST, NOR
 
    WILL IT BE USED TO JUSTIFY DEPARTURE FROM ANY LAW OR REGULATION
 INCLUDING REGULATIONS OF THE
 
    OFFICE OF PERSONNEL MANAGEMENT OR OTHER APPROPRIATE AUTHORITY, NOR
 WILL IT BE USED FOR THE
 
    PURPOSE OF AVOIDING ESTABLISHED SALARY OR PERSONNEL LIMITATIONS.
 
    B.  TO CONTRACT OUT PRODUCTS OR SERVICES WHICH ARE PROVIDED TO THE
 PUBLIC.
 
    C.  TO CONTRACT OUT PRODUCTS OR SERVICES OBTAINED FROM OTHER FEDERAL
 AGENCIES WHICH ARE
 
    AUTHORIZED OR REQUIRED BY LAW TO FURNISH THEM.
 
    SECTION 3.  NOTIFICATION AND CONSULTATION:  THE EMPLOYER WILL NOTIFY
 AND CONSULT WITH THE
 
    UNION CONCERNING ANY PROPOSAL TO CONTRACT WORK OR PROPOSAL TO REVIEW
 A FUNCTIONAL AREA FOR
 
    CONTRACTING POSSIBILITIES.
 
    A.  NOTIFICATION CONCERNING THE ABOVE WILL OCCUR AT LEAST FORTY-FIVE
 (45) DAYS IN ADVANCE
 
    OF THE "INVITATION FOR BID" OR A "REQUEST FOR PROPOSAL FOR
 CONTRACTUAL SERVICES." THE
 
    REASON(S) FOR THE PROPOSAL, STATUS OF AFFECTED EMPLOYEES,
 ARRANGEMENTS TO BE TAKEN TO MINIMIZE
 
    IMPACT ON EMPLOYEES (E.G., REASSIGNMENTS, RETRAINING, RETAINING
 CAREER EMPLOYEES AND
 
    RESTRICTING NEW-HIRES), AND CONTRACT SPECIFICATIONS, WILL ACCOMPANY
 THIS N