11:0576(93)NG DIGEST HEADINGS STATUTE SUBJECT MATTER INDEX ENTRIES DIGEST NOTES DECISION AND ORDER ON NEGOTIABILITY ISSUE -- 1983 FLRAdec NG
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The decision of the Authority follows:
11 FLRA NO. 93
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 3760 Union and SOCIAL SECURITY ADMINISTRATION, DISABILITY ANALYSIS BRANCH, FIELD ASSESSMENT OFFICE Agency Case No. 0-NG-566
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 issues relating to the negotiability of the following Union proposal.
Each examiner shall have his/her own telephone.
Upon careful consideration of the entire record, including the parties' contentions, the Authority makes the following determination. In agreement with the Agency, the Authority finds that the proposal, by expressly requiring that the Agency provide each examiner with a telephone, clearly concerns the "technology of performing work" within the meaning of section 7106(b)(1) of the Statute. See American Federation of Government Employees, AFL - CIO, Local 1858 and Department of the Army, U.S. Army Missile Command, Redstone Arsenal, Alabama, 10 FLRA No. 74 (1982) (Union Proposal 3) and cases cited therein; American Federation of State, County and Municipal Employees, AFL - CIO, Local 2477; American Federation of State, County and Municipal Employees, AFL - CIO, Local 2910; Congressional Research Employees Association; and Law Library of Congress, United Association of Employees and Library of Congress, Washington, D.C., 7 FLRA No. 89 (1982) (Union Proposal IX). Under section 7106(b)(1), such matters are negotiable only at the election of the Agency. Thus, in light of the Agency's election not to bargain, the Union proposal is nonnegotiable. [ v11 p576 ]
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.
Issued, Washington, D.C., March 10, 1983 Ronald W. Haughton, Chairman Henry B. Frazier III, Member Leon B. Applewhaite, Member FEDERAL LABOR RELATIONS AUTHORITY
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