11:0266(56)NG - NTEU and HHS, Region II -- 1983 FLRAdec NG



[ v11 p266 ]
11:0266(56)NG
The decision of the Authority follows:


 11 FLRA No. 56
 
 NATIONAL TREASURY EMPLOYEES
 UNION
 Union
 
 and
 
 DEPARTMENT OF HEALTH AND
 HUMAN SERVICES,
 REGION II
 Agency
 
                                            Case No. O-NG-615
 
                DECISION AND ORDER ON NEGOTIABILITY ISSUES
 
    The petition for review in this case comes before the Authority
 pursuant to section 7105(a)(2)(D) and (E) of the Federal Service
 Labor-Management Relations Statute (the Statute) and presents issues
 relating to the negotiability of the following Union proposal:
 
          The employer will establish three competitive areas within
       Region II as follows:
 
          (a) New York, New Jersey;
 
          (b) Puerto Rico;
 
          (c) Virgin Islands.
 
    Upon careful consideration of the entire record, including the
 parties' contentions, the Authority makes the following determination.
 Essentially, the Union proposes that there be three competitive areas
 within the Region, based upon geographical considerations as opposed to
 the Region's organizational structure (i.e., its operational
 components).  The Agency contends that negotiation over the proposal is
 barred by an Agency regulation for which a compelling need exists.  /1/
 
    The proposal at issue herein and the positions of the parties with
 respect thereto are, in all material respects, substantially identical
 to Union Proposal 1 in National Treasury Employees Un