11:0594(99)NG DIGEST HEADINGS STATUTE SUBJECT MATTER INDEX ENTRIES DIGEST NOTES DECISION AND ORDER ON NEGOTIABILITY ISSUE -- 1983 FLRAdec NG



[ v11 p594 ]
11:0594(99)NG
The decision of the Authority follows:


11 FLRA NO. 99

POLICE ASSOCIATION OF THE
DISTRICT OF COLUMBIA

     Union

     and

UNITED STATES DEPARTMENT OF THE
INTERIOR, NATIONAL PARK SERVICE,
NATIONAL CAPITAL REGION

     Agency

Case No. 0-NG-525

 

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 presents the issue of the negotiability of the underscored portion of the following Union proposal which is part of a proposed article entitled "Special Preferred Assignment Positions and Temporary Duty": 1

Section 1. For the purpose of this contract, Special Assignment Positions are U.S. Park Police Private positions to which additional compensation is added to the basic salary as provided by the current District of Columbia Police and Firemen's Act. Positions to be classed as "Special" are HMP, M/C, K-9, Helicopter, EMT, I.D., CIB (Plainclothes), Divers, Marine, Master Patrolman, SETT and Communications Officers.

Upon careful consideration of the entire record, including the parties' contentions, the Authority makes the following determination. [ v11 p594 ] The Union's proposal herein would designate certain U.S. Park Police positions as "Special" for pay purposes. As stated by the Agency, which statement is uncontroverted in the record, 2 the effect of the proposal would be to classify such positions as "technician" positions for salary purposes under provisions of the D.C. Code. 3

In National Federation of Federal Employees, Local 862 and Tooele Army Depot, Tooele, Utah, 3 FLRA 454 (1980), the Authority essentially concluded that a proposal dealing with classification matters is not within the duty to bargain under section 7103(a)(14)(B) of the Statute. 4 The proposal here concer