11:0129(33)NG - NFFE Local 1380 and Navy, Naval Coastal Systems Center, Panama City, FL -- 1983 FLRAdec NG



[ v11 p129 ]
11:0129(33)NG
The decision of the Authority follows:


 11 FLRA No. 33
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 1380
 Union
 
 and
 
 DEPARTMENT OF THE NAVY
 NAVAL COASTAL SYSTEMS CENTER
 PANAMA CITY, FLORIDA
 Agency
 
                                            Case No. O-NG-519
 
                 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 raises issued
 relating to the negotiability of the following Union proposal.
 
          An employee called back to work outside his/her normal shift
       will be paid a minimum of four (4) hours and will only be required
       to work on the emergency for which he/she was called back.
 
    Upon careful consideration of the entire record, including the
 parties' contentions, the Authority makes the following determination.
 Based on the language of the proposal and the uncontested allegation of
 the Agency, the Authority concludes that the first portion of the
 proposal would require that an employee who is called back to work be
 paid for a minimum of four hours regardless of whether the employee
 performs work for those four hours.  In this respect, it is not
 materially different from Union Proposal 3 in International Brotherhood
 of Electrical Workers, Local 2080, AFL-CIO-CLC and Department of the
 Army, U.S. Corps of Engineer, Nashville, Tennessee, 10 FLRA No. 43
 (1982).  In that decision, the Authority determined that as 5 U.S.C.
 5542(b)(1) with respect to GS employees, and 5 CFR 532.503(c) with
 respect to WG employees, set a maximum time of two hours that such
 employees may be paid callback overtime in the absence of the
 performance of work, a proposal providing for four hours of call back
 overtime pay was outside the duty to bargain.  Thus, for the reasons
 detailed in U.S. Corps of Engineers, the first portion of the Union's
 proposal herein is outside the duty to bargain.
 
    Further, as the second portion of the Union's proposal expressly
 would limit management's right to assign particular duties during
 callback overtime to duties related to the emergency situation
 necessitating the overtime, it directly interferes with the Agency's
 right "to assign work" pursuant to section 7106(a)(2)(B) of the Statute
 and is therefore outside the duty to bargain.  International Association
 of Fire Fighters, Local F-61 and Philadelphia Naval Shipyard, 3 FLRA
 437, 440-441 (1980).
 
    Accordingly, pursuant to section 2424.10 of the Authority's Rules and
 Regulations, IT IS ORDERED that the Union's petition for review be, and
 it hereby is, dismissed.  Issu