09:0729(89)NG - International Association of Firefighters Local F-37 and Naval Training Center, Great Lakes, IL -- 1982 FLRAdec NG



[ v09 p729 ]
09:0729(89)NG
The decision of the Authority follows:


 9 FLRA No. 89
 
 INTERNATIONAL ASSOCIATION OF FIRE
 FIGHTERS, AFL-CIO, LOCAL F-37
 Union
 
 and
 
 NAVAL TRAINING CENTER, GREAT
 LAKES, ILLINOIS
 Agency
 
                                            Case No. O-NG-460
 
                 DECISION AND ORDER ON NEGOTIABILITY ISSUE
 
    THE PETITION FOR REVIEW IN THIS CASE COMES BEFORE THE AUTHORITY
 PURSUANT TO SECTION 7105(A)(2)(E) OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE) AND PRESENTS THE ISSUE
 OF THE NEGOTIABILITY OF THE FOLLOWING UNION PROPOSAL.
 
                            UNION PROPOSAL /1/
 
    ADMINISTRATIVE LEAVE
 
    WHEN A NON-WORKDAY IS PROCLAIMED BY EXECUTIVE ORDER AND PERSONNEL
 DESIGNATED ESSENTIAL ARE
 
    REQUIRED TO REPORT FOR DUTY, AN ADMINISTRATIVE LEAVE DAY WILL BE
 GRANTED TO THE EMPLOYEE
 
    WITHIN . . . FOLLOWING THE NON-WORKDAY.  THE ASSIGNED LEAVE DAY WILL
 BE AT THE SUPERVISOR'S
 
    DISCRETION.  UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD,
 INCLUDING THE PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING
 DETERMINATION.
 
                       QUESTION BEFORE THE AUTHORITY
 
    THE QUESTION IS WHETHER THE PROPOSAL IS OUTSIDE THE DUTY TO BARGAIN
 UNDER THE STATUTE BECAUSE IT CONCERNS A MATTER THAT IS EXCLUDED FROM THE
 DEFINITION OF "CONDITIONS OF EMPLOYMENT" UNDER SECTION 7103(A)(14) OF
 THE STATUTE.  /2/
 
                                  OPINION
 
    CONCLUSION AND ORDER:  THE PROPOSAL CONCERNS A MATTER WHICH IS
 "SPECIFICALLY PROVIDED FOR BY FEDERAL STATUTE" UNDER SECTION
 7103(A)(14)(C) AND, THEREFORE, IS EXCLUDED FROM "CONDITIONS OF
 EMPLOYMENT" WHICH ARE SUBJECT TO THE DUTY TO BARGAIN UNDER THE STATUTE.
 ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S RULES AND
 REGULATIONS (5 CFR 2424.10 (1981)), IT IS ORDERED THAT THE PETITION FOR
 REVIEW OF THE PROPOSAL AT ISSUE IN THE INSTANT CASE BE, AND IT HEREBY
 IS, DISMISSED.
 
    REASONS:  THE UNION'S PROPOSAL WOULD REQUIRE THAT IF THE PRESIDENT
 DECLARES A REGULARLY SCHEDULED WORKDAY TO BE A "NON-WORKDAY" (HOLIDAY),
 AN EMPLOYEE WHO MUST REPORT FOR DUTY ON SUCH A HOLIDAY WOULD BE GRANTED
 A DAY OF "ADMINISTRATIVE LEAVE," I.E., A DAY OFF WITH PAY NOT CHARGED TO
 LEAVE, IN ADDITION TO COMPENSATION TO WHICH THE EMPLOYEE WOULD OTHERWISE
 BE ENTITLED.
 
    BASED UPON THE RECORD, THE EMPLOYEE INVOLVED IN THIS CASE RECEIVED
 PREMIUM PAY COMPENSATION ON AN ANNUAL BASIS UNDER 5 U.S.C. 5545(C)(1).
 /3/ THAT SECTION APPLIES TO CERTAIN EMPLOYEES, SUCH AS THOSE INVOLVED
 HEREIN, WHO ARE REQUIRED TO REPORT FOR WORK ON HOLIDAYS WHICH FALL
 WITHIN THEIR REGULAR WORK SCHEDULES.  IN RECOGNITION THEREOF, SUCH
 EMPLOYEES RECEIVE PREMIUM PAY ON AN ANNUAL BASIS RATHER THAN BEING
 COMPENSATED FOR EACH HOLIDAY WORKED UNDER OTHER PROVISIONS OF TITLE 5.
 THAT IS, THE FACT OF THEIR BEING REQUIRED TO REPORT FOR WORK ON HOLIDAYS
 IS A FACTOR IN DETERMINING THEIR ENTITLEMENT TO ANNUAL PREMIUM PAY.  /4/
 THERE IS NO PROVISION OR AUTHORIZATION FOR ADDITIONAL COMPENSATION IN
 CONNECTION WITH THE REGULARLY SCHEDULED WEEKLY TOUR OF DUTY-- E.G., TIME
 OFF FOR WORK PERFORMED ON A HOLIDAY-- FOR EMPLOYEES WHO ALREADY ARE
 RECEIVING ANNUAL PREMIUM PAY PURSUANT TO SECTION 5545(C)(1).
 
    SECTION 7103(A)(14)(C) OF THE STATUTE, DEFINING "CONDITIONS OF
 EMPLOYMENT" WHICH ARE SUBJECT TO NEGOTIATION, EXPRESSLY EXCLUDES MATTERS
 "TO THE EXTENT SUCH MATTERS ARE SPECIFICALLY PROVIDED FOR BY FEDERAL
 STATUTE." INASMUCH AS COMPENSATION FOR WORK REQUIRED ON NON-WORKDAYS IS
 SPECIFICALLY PROVIDED FOR BY 5 U.S.C. 5545(C)(1) IN DETERMINING ANNUAL
 PREMIUM PAY FOR EMPLOYEES INVOLVED IN THIS CASE, THE UNION'S PROPOSAL
 CONCERNS MATTERS WHICH, UNDER SECTION 7103(A)(14)(C), ARE EXCLUDED FROM
 CONDITIONS OF EMPLOYMENT SUBJECT TO NEGOTIATION UNDER THE STATUTE.
 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, COUNCIL OF FEDERAL
 GRAIN INSPECTION LOCALS AND UNITED STATES DEPARTMENT OF AGRICULTURE,
 FEDERAL GRAIN INSPECTION SERVICE, WASHINGTON, D.C., 3 FLRA 530 (1980),
 AFFIRMED SUB NOM. AFGE V. FLRA, 653 F.2D 669 (D.C. CIR. 1981).  SEE ALSO
 ASSOCIATION OF CIVILIAN TECHNICIANS, PENNSYLVANIA STATE COUNCIL AND THE
 ADJUTANT GENERAL, DEPARTMENT OF MILITARY AFFAIRS, COMMONWEALTH OF
 PENNSYLVANIA, 3 FLR