11:0578(94)NG DIGEST HEADINGS STATUTE SUBJECT MATTER INDEX ENTRIES DIGEST NOTES DECISION AND ORDER ON NEGOTIABILITY ISSUE NON -- 1983 FLRAdec NG
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The decision of the Authority follows:
11 FLRA NO. 94
NEW YORK STATE NURSES ASSOCIATION Union and VETERANS ADMINISTRATION MEDICAL CENTER, BRONX, NEW YORK Agency Case No. 0-NG-433
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. 1
It is recognized that in urgent or needful situations no absolute restrictions can be placed on nurses' duties in a patient care environment, however, the parties agree that the following duties are not ordinarily intended to (be) a normal part of an RN's duties: [ v11 p578 ]
a) mopping floors
b) cleaning and moving beds
c) emptying garbage
d) secretarial duties
e) patient escorting in cases not involving continued nursing observation
f) transporting of specimens; messenger work
Upon careful consideration of the entire record, including the parties' contentions, the Authority makes the following determination. The proposal expressly places restrictions on the Agency's ability to assign certain duties to nurses unless the circumstances described in the proposal exist. In this regard, the proposal is in all respects materially to the same effect as the first paragraph of the proposal held to directly interfere with management's right under section 7106(a)(2)(B) of the Statute to "assign work" in Association of Civilian Technicians and State of Georgia National Guard, 2 FLRA 581 (1980). Based on Georgia National Guard and the reasons stated therein, it is therefore concluded that the instant proposal is inconsistent with management's right to "assign work" and is outside the duty to bargain.
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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Footnote 1 The Agency's motion to dismiss the Union's petition for review for failure to request in writing an allegation of nonnegotiability is hereby denied. While the Union did not exercise its right to initiate the formal negotiability appeal process under section 2424.3 of the Authority's Rules and Regulations by requesting in writing that the Agency serve it with a responsive allegation, the Union could properly consider the unrequested written contentions of the Agency as an allegation for purposes of appeal to the Authority and file, as it did in this case, an appeal pursuant to section 2424.3, within the time limit prescribed by that provision. See, e.g., International Brotherhood of Electrical Workers, AFL-CIO, Local 121 and Department of the Treasury, Bureau or Engraving and Printing, Washington, D.C., 10 FLRA No. 39 (1982).