09:0813(103)NG - AFGE, SS Local No. 1760 and HHS, SSA -- 1982 FLRAdec NG

 9 FLRA No. 103
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, SOCIAL SECURITY
 LOCAL NO. 1760
 Union
 
 and
 
 DEPARTMENT OF HEALTH AND HUMAN
 SERVICES, SOCIAL SECURITY ADMINISTRATION
 Agency
 
                                            Case No. O-NG-404
 
                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
 PRESENTS ISSUES RELATING TO THE NEGOTIABILITY OF TWO UNION PROPOSALS.
 UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE PARTIES'
 CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATIONS.
 
                             UNION PROPOSAL 1
 
    5.  AFGE LOCAL 1760 RECOGNIZES THE RIGHT OF NEPSC (NORTHEASTERN
 PROGRAM SERVICE CENTER)
 
    MANAGEMENT TO ASSIGN DUTIES TO EMPLOYEES OF THE NEPSC IN ACCORDANCE
 WITH APPLICABLE LAW
 
    HOWEVER MANAGEMENT WILL NOT ASSIGN ANY DUTIES TO ENTREX OPERATORS
 ASSIGNED TO THE MODULES
 
    UNTIL SUCH TIME AS ALL ENTREX OPERATORS ARE ASSIGNED TO MODULES AND
 IT AFFORDS THE UNION THE
 
    OPPORTUNITY TO MEET AND CONFER PURSUANT TO STATUTE.
 
    UNION PROPOSAL 1 EXPRESSLY WOULD CONDITION THE ASSIGNMENT OF "ANY
 DUTIES" TO ENTREX OPERATORS CURRENTLY ASSIGNED TO MODULES UPON THE
 ASSIGNMENT OF ALL ENTREX OPERATORS TO MODULES.  I, THIS RESPECT, THE
 INSTANT PROPOSAL IS NOT MATERIALLY DIFFERENT FROM PROPOSAL V IN NATIONAL
 TREASURY EMPLOYEES UNION AND DEPARTMENT OF THE TREASURY, INTERNAL
 REVENUE SERVICE, 6 FLRA NO.97(1981), WHICH THE AUTHORITY HELD TO BE
 NONNEGOTIABLE.  THE PROPOSAL BEFORE THE AUTHORITY IN THAT CASE WOULD
 HAVE ESTABLISHED, AS A CONDITION PRECEDENT TO THE ASSIGNMENT OF CASES TO
 CERTAIN EMPLOYEES, THAT SUCH EMPLOYEES HAVE MANAGEABLE CASELOADS.  THE
 AUTHORITY RULED THAT THE PROPOSAL WOULD PREVENT THE AG