11:0286(63)NG - AFGE, Council of Prison Locals and Justice, Bureau of Prisons -- 1983 FLRAdec NG



[ v11 p286 ]
11:0286(63)NG
The decision of the Authority follows:


 11 FLRA No. 63
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 AFL-CIO, COUNCIL OF PRISON
 LOCALS
 Union
 
 and
 
 DEPARTMENT OF JUSTICE,
 BUREAU OF PRISONS
 Agency
 
                                            Case No. O-NG-550
 
                DECISION AND ORDER ON NEGOTIABILITY ISSUES
 
    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 issues
 relating to the negotiability of the following two provisions contained
 in a locally executed agreement which were disapproved as not being in
 accordance with applicable laws, rules or regulations by the Agency head
 upon review pursuant to section 7114(c) of the Statute.  /1/ Upon
 careful consideration of the entire record, including the parties'
 contentions, the Authority makes the following determinations.
 
                                Provision 1
 
    Article 23, Section (e):
 
          The Central Office, Regional Offices and each institution will
       have one to six employees, that is:  between 3% and 5% of the
       number of eligible employees locally, involved in the Upward
       Mobility Program at any one time.
 
    In National Treasury Employees Union and Internal Revenue Service, 2
 FLRA 281 (1979), the Author