12:0062(19)NG - Laborers' International Union, Local No. 1276 and DOD, Defense Logistics Agency -- 1983 FLRAdec NG



[ v12 p62 ]
12:0062(19)NG
The decision of the Authority follows:


 12 FLRA No. 19
 
 LABORERS' INTERNATIONAL UNION,
 LOCAL NO. 1276
 Union
 
 and
 
 DEPARTMENT OF DEFENSE,
 DEFENSE LOGISTICS AGENCY
 Agency
 
                                            Case No. O-NG-579
 
                 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 raises the issue of
 the negotiability of the following Union proposal.
 
          The selectee will receive all his/her training on the job
       working with a Preservation Servicer WG-7
 
    Upon careful consideration of the entire record, including the
 parties' contentions, the Authority makes the following determinations.
 The proposal which resulted from impact and implementation bargaining
 over the Agency's establishment of the entry level position of
 Preservation Servicer, WG-5, would limit the assignment of a specific
 function (on the job training of entry level preservation servicers) to
 preservation servicers at the WG-7 grade level.  In this regard, the
 proposal is to the same effect as Union Proposal 6, in National Treasury
 Employees Union and Department of the Treasury, Internal Revenue
 Service, 7 FLRA No. 35 (1981), also requiring that certain work be
 performed by a particular employee or position, which was held to
 violate management's right under section 7106(a)(2)(B) of the Statute
 "to assign work." Thus, for the reasons stated in Internal Revenue
 Service, the instant proposal violates the Agency's section
 7106(a)(2)(B) right "to assign work" and is outside the duty to bargain.
 
    As to the Union's alternative contention that the instant proposal is
 also based on health and safety considerations, i.e., that the employees
 must work in pairs for reasons related to health and safety, and is
 therefore negotiable, the proposal is to the same effect as Union
 Proposal 6 in National Federation of Federal Employees, Local 1167 and
 Department of the Air Force, Headquarters, 31st Combat Support Group
 (TAC), Homestead Air Force Base, Florida, 6 FLRA No. 105 (1981) which
 would have barred employees from working alone in certain health and
 safety situations.  The Authority held in that case that the proposal
 concerned the management right under section 7106(b)(1) of the Statute
 to determine the number of employees assigned to any work project or
 tour of duty and, consequently, was negotiable only at the election of
 the agency.  Thus, for the reasons stated in Homestead Air Force Base,
 the instant proposal is also not negotiable since the Agency has not
 elected to negotiate about it.
 
    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, di