09:0825(108)NG - AFGE Council 236 and GSA -- 1982 FLRAdec NG



[ v09 p825 ]
09:0825(108)NG
The decision of the Authority follows:


 9 FLRA No. 108
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, COUNCIL 236
 Union
 
 and
 
 GENERAL SERVICES ADMINISTRATION
 Agency
 
                                            Case No. O-NG-496
 
                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).
 THE ISSUES PRESENTED ARE THE NEGOTIABILITY OF THREE UNION PROPOSALS.
 /1/
 
    UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
 PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATIONS.
 THE RECORD REVEALS THAT THE UNION HEREIN REPRESENTS EMPLOYEES CURRENTLY
 LOCATED IN THE HEADQUARTERS, NATIONAL ARCHIVES AND RECORDS SERVICE WHO
 HAVE BEEN IDENTIFIED WITH A FUNCTION TO BE TRANSFERRED TO THE NATIONAL
 CAPITAL REGION OF THE GENERAL SERVICES ADMINISTRATION.  IT IS UNDISPUTED
 ON THE RECORD THAT THE ORGANIZATIONAL ELEMENT TO WHICH THE EMPLOYEES
 WILL BE REASSIGNED IS REPRESENTED BY A LOCAL OF THE NATIONAL FEDERATION
 OF FEDERAL EMPLOYEES.  IT IS THIS TRANSFER OF FUNCTION WHICH GAVE RISE
 TO THE INSTANT PROPOSALS.
 
                             UNION PROPOSAL 1
 
    THE NUMBER AND GRADE OF POSITIONS TO BE TRANSFERRED ARE NEGOTIABLE.
 
    SECTION 7106(B)(1) OF THE STATUTE RENDERS, "THE NUMBER, TYPES, AND
 GRADES OF EMPLOYEES OR POSITIONS ASSIGNED TO ANY ORGANIZATION
 SUBDIVISION" NEGOTIABLE AT THE ELECTION OF THE AGENCY.  NATIONAL
 TREASURY EMPLOYEES UNION CHAPTER 66 AND INTERNAL REVENUE SERVICE, KANSAS
 CITY SERVICE CENTER, 1 FLRA 927(1979).  UNION PROPOSAL 1 WOULD REQUIRE
 THE AGENCY TO ELECT, CONTRACTUALLY, TO NEGOTIATE THE NUMBERS AND GRADES
 OF EMPLOYEES WHO WILL REMAIN IN THEIR PRESENT ORGANIZATION AND OF THOSE
 WHO WILL RELOCATE TO ANOTHER SUBDIVISION OF THE AGENCY.  AS BARGAINING
 ON SUCH MATTERS MAY BE UNDERTAKEN ONLY AT THE AGENCY'S ELECTION, THE
 ELECTION ITSELF IS, A FORTIORI, NOT WITHIN THE DUTY TO BARGAIN.  THE
 AGENCY HEREIN HAS ELECTED NOT TO ENGAGE IN, SUCH NEGOTIATIONS.
 CONSEQUENTLY UNION PROPOSAL 1 MUST BE HELD TO BE OUTSIDE THE DUTY TO
 BARGAIN.
 
                             UNION PROPOSAL 2
 
    ALL EMPLOYEES TRANSFERRED WILL BE GUARANTEED THAT THERE ARE
 SUFFICIENT FUNDS AVAILABLE TO
 
    PAY THEM FOR AT LEAST FIVE YEARS.
 
    THE UNION STATES THAT THIS PROPOSAL IS INTENDED TO PROVIDE AN
 "APPROPRIATE ARRANGEMENT" UNDER SECTION 7106(B)(3) OF THE STATUTE FOR
 EMPLOYEES ADVERSELY AFFECTED BY THE EXERCISE OF MANAGEMENT RIGHTS, I.E.,
 THE REASSIGNMENTS OF EMPLOYEES IN CONNECTION WITH A TRANSFER OF
 FUNCTION.  TO THIS END, THE LANGUAGE OF THE PROPOSAL, AS