12:0076(26)NG - AFGE Local 3511 and VA Hospital, San Antonio, TX -- 1983 FLRAdec NG



[ v12 p76 ]
12:0076(26)NG
The decision of the Authority follows:


 12 FLRA No. 26
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 3511
 Union
 
 and
 
 VETERANS ADMINISTRATION HOSPITAL,
 SAN ANTONIO, TEXAS
 Agency
 
                                            Case No. O-NG-398
 
                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 raises issues
 concerning the negotiability of 60 Union proposals.  /1/
 
    Upon careful consideration of the entire record, including the
 parties' contentions, the Authority makes the following determinations.
 /2/ The Union proposals at issue were proposed in response to the
 promulgation of a proposed Agency regulation, Engineering Service
 Memorandum No. 79-2 (hereinafter referred to as the Memorandum), which
 contained operating instructions for Graphic Control Operators (GCO's).
 
    The Agency initially argues that the Union's negotiability appeal
 should be barred because the issues raised therein had previously been
 raised and resolved through an unfair labor practice proceeding
 (6-CA-331) in which the Union alleged a failure on the part of the
 Agency to allow the Union an opportunity to participate in the
 formulation and implementation of the Memorandum.  Specifically, the
 Agency claims that although the settlement agreement reached by the
 parties on this matter, in effect, limited the bargaining obligation to
 the impact and implementation of the Memorandum the proposals here in
 dispute deal instead with the substance of the Memorandum-- the very
 issue which was resolved by the parties in their settlement of the
 unfair labor practice charge.
 
    This contention cannot be sustained.  The issue in the unfair labor
 proceeding concerned an asserted failure to bargain generally over the
 formulation of the Memorandum while the issue now before the Authority
 concerns whether the specific Union proposals advanced in connection
 with negotiations over the impact and implementation of the Memorandum
 are inconsistent with law, rule or regulation within the meaning of
 section 7117 of the Statute.
 
    We turn now to the disputed proposals.  Listed below for the most
 part in sequential order are the provisions of the Agency's Memorandum
 with the Union's proposed changes.  /3/ Union Proposals 1-19 /4/
 
    1.  1.  PURPOSE:
 
          a.  To provide Graphic Control Operators (GCO) with general and
       specific instructions applicable to their duties and
       responsibilities. These operating instructions are (mandatory
       performance) guidelines for GCO at this facility.
 
    2.  APPENDIX A SERVICE CALLS
 
    2.  POLICY:  To insure prompt corrective action for call in service.
 (These operating instructions are mandatory performance guidelines for
 this facility.) These operating instructions are guidelines for GCO at
 this facility.
 
    3.  APPENDIX B EMERGENCY GENERATOR
 
    2.  POLICY:  To insure completion of the daily check list and that
 the emergency generator is test run each Monday.  (These operating
 instructions are mandatory performance guidelines for this facility.)
 These operating instructions are guidelines for GCO at this facility.
 
    4.  APPENDIX C OPERATING ROOMS
 
    2.  POLICY:  To insure proper temperature and humidity settings in
 the operating rooms during their use.  (These operating instructions are
 mandatory performance guidelines for this facility.) These operating
 instructions are guidelines for GCO at this facility.
 
    5.  APPENDIX D FIRE ALARM SYSTEMS
 
    2.  POLICY:  To insure that fire alarm control panel is monitored at
 all times during an actual or simulated fire.  (These operating
 instructions are mandatory performance guidelines for this facility.)
 These operating instructions are guidelines for GCO at this facility.
 
    6.  APPENDIX E GRAPHIC CONTROL SHIFT AND PLANT LOGS
 
    2.  POLICY:  To insure completion of the official plant logs in
 accordance with Veterans Administration maintenance of records.  (These
 operating instructions are mandatory performance guidelines for this
 facility.) These operating instructions are guidelines for GCO at this
 facility.
 
    7.  APPENDIX F WATER SOFTENERS
 
    2.  POLICY:  To insure that the domestic water supplied to the
 hospital is within the desired degree of hardness for each user.  (These
 operating instructions are mandatory performance guidelines for this
 facility.) These operating instructions are guidelines for GCO at this
 facility.
 
    8.  APPENDIX G PROGRAM AND RE-PROGRAM SYSTEM 7 COMPUTERS
 
    2.  POLICY:  To insure that the System 7 Computer is programmed with
 the holiday, weekend or week day tape at the correct times.  (These
 operating instructions are mandatory performance guidelines for this
 facility.) These operating instructions are guidelines for GCO at this
 facility.
 
    9.  APPENDIX H OFFICE AND MACHINE ROOM HOUSEKEEPING
 
    2.  POLICY:  To insure that the graphic control area is neat and
 clean at all times.  (These operating instructions are mandatory
 performance guidelines for this facility.) These operating instructions
 are guidelines for GCO at this facility.
 
    10.  APPENDIX I THERAPEUTIC POOL
 
    2.  POLICY:  To insure that the proper temperature and chemical
 content is maintained in the therapeutic pool.  (These operating
 instructions are mandatory performance guidelines for this facility.)
 These operating instructions are guidelines for GCO at this facility.
 
    11.  APPENDIX J RADIO CONTACT
 
    2.  POLICY:  To insure hourly radio contact during the hours of 4:00
 P.M. thru 8:00 A.M., weekend and holidays for the safety of the
 operator.  (These operating instructions are mandatory performance
 guidelines for this facility.) These operating instructions are
 guidelines for GCO at this facility.
 
    12.  APPENDIX K TRASH AND LINEN SYSTEMS
 
    2.  POLICY:  To insure that Trash and Linen Systems are operated on a
 set schedule to provide the users with the greatest amount of access.
 (These operating instructions are mandatory performance guidelines for
 this facility.) These operating instructions are guidelines for GCO at
 this facility.
 
    13.  APPENDIX L SECURITY OF EXTERIOR DOORS
 
    2.  POLICY:  To insure that the exterior doors in the shop and plant
 area are locked and unlocked at times indicated.  (These operating
 instructions are mandatory performance guidelines for this facility.)
 These operating instructions are guidelines for GCO at this facility.
 
    14.  APPENDIX M PLANT EQUIPMENT
 
    2.  POLICY:  To insure proper operation of the plant equipment.
 (These operating instructions are mandatory performance guidelines for
 this facility.) These operating instructions are , guidelines for GCO at
 this facility.
 
    15.  APPENDIX N ELECTRON MICROSCOPES, CTR, COMPUTER ROOM AND
 ENVIRONMENTAL BOXES
 
    2.  POLICY:  To insure protection for the electron microscopes,
 computer room, CTR's and environmental boxes.  (These operating
 instructions are mandatory performance guidelines for this facility.)
 These operating instructions are guidelines for GCO at this facility.
 
    16.  APPENDIX O ENVIRONMENTAL BOXES
 
    2.  POLICY:  To insure proper operation of boxes and setting of
 alarms.  (These operating instructions are mandatory performance
 guidelines for this facility.) These operating instructions are
 guidelines for GCO at this facility.
 
    17.  APPENDIX P AIR HANDLER
 
    2.  POLICY:  To insure that air handler discharge temperatures are
 maintained at proper levels.  (These operating instructions are
 mandatory performance guidelines for this facility.) These operating
 instructions are guidelines for GCO at this facility.
 
    18.  APPENDIX Q TELEPHONE USAGE
 
    2.  POLICY:  To insure proper use of the telephone.  (These operating
 instructions are mandatory performance guidelines for this facility."
 These operating instructions are guidelines for GCO at this facility.
 
    19.  APPENDIX R VEHICLE ISSUANCE
 
    2.  POLICY:  To insure that vehicles are released to properly
 authorized individuals and for official use.  (These operating
 instructions are mandatory performance guidelines for this facility.)
 These operating instructions are guidelines for GCO at this facility.
 
                       Question Before the Authority
 
    The question is whether the Union's proposals are outside the duty to
 bargain, as alleged by the Agency, because they violate section
 7106(a)(2)(B) of the Statute.  /5/
 
                                  Opinion
 
 Conclusion and Order:  The proposals violate the Agency's right to
 assign work within the meaning of section 7106(a)(2)(B) of the Statute
 and are, therefore, outside the duty to bargain.  Accordingly, pursuant
 to section 2424.10 of the Authority's Rules and Regulations (5 CFR
 2424.10 (1971)), IT IS ORDERED that the petition for review with regard
 to Union Proposals 1-19 be, and it hereby is, dismissed.  Reasons:
 Section 1a of the Memorandum contains a general statement of purpose
 which is to provide graphic control operators with general and specific
 instructions applicable to their duties and responsibilities.  The
 instructions are mandatory performance guidelines for the employees at
 the facility.  Appendices A-R outline the specific instructions for the
 performance of various tasks, such as maintaining equipment and
 performing certain duties at specified times.  The Union's proposals,
 however, seek to eliminate the mandatory nature of these operating
 instructions and instead require that the instructions be simply
 guidelines for the performance of the various duties.
 
    It is well established that section 7106(a)(2)(B) of the Statute
 reserves to management the right to assign work, which includes the
 right to assign particular duties to particular employees.  Proposals
 which would remove from management the discretion inherent in the right
 to assign work consistently have been found to be outside the duty to
 bargain.  International Association of Fire Fighters, AFL-CIO, Local
 F-116 and Headquarters, 4392d Aerospace Support Group (SAC), Vandenberg
 Air Force Base, California, 9 FLRA No. 83 (1982);  American Federation
 of Government Employees, National Council of Social Security Payment
 Center Locals and Social Security Administration, Office of Program
 Service Centers, Baltimore, Maryland, 7 FLRA No. 139 (1982);  National
 Labor Relations Board Union, Local 19 and National Labor Relations
 Board, Region 19, 2 FLRA 774 (1980);  and American Federation of
 Government Employees, AFL-CIO and Air Force Logistics Command,
 Wright-Patterson Air Force Base, Ohio, 2 FLRA 604 (1980), enforced sub
 nom., Department of Defense v. Federal Labor Relations Authority, 659
 F.2d 1140 (D.C. Cir. 1981), cert. denied sub nom., AFGE v. FLRA, 455
 U.S. 945, 102 S.Ct. 1443 (1982).
 
    In the instant case, the operating instructions contained in the
 Memorandum constitute a statement of the duties to be performed by the
 graphic control operators employed at the facility.  By proposing that
 the operating instructions be merely guidelines, the proposals directly
 interfere with the Agency's right to determine what duties must be
 performed, i.e., to assign work under section 7106(a)(2)(B).
 Accordingly, the proposals are outside the duty to bargain.  Union
 Proposal 20 (Memorandum - Section 1b)
 
    The Union failed to provide a legible copy of its proposal to modify
 section 1b of the Memorandum.  Under these circumstances, there is no
 proposal before the Authority for a ruling.  See, e.g., Association of
 Civilian Technicians, Alabama ACT and State of Alabama National Guard, 2
 FLRA 702 (1979).  Accordingly, IT IS ORDERED that the Union's petition
 for review with regard to the proposed change to section 1b of the
 Memorandum be, and it hereby is, dismissed.  Union Proposal 21
 (Memorandum - Section 2)
 
          2.  RESPONSIBILITIES:  The Chief of Operations or his Assistant
       will insure compliance with these operating instructions.  (All
       Graphic Control Operators are responsible for adherence.)
 
                       Question Before the Authority
 
    The question is whether the Union's proposal is outside the
 Activity's duty to bargain, as alleged by the Agency, because it
 violates section 7106(a)(2)(B).
 
                                  Opinion
 
 Conclusion and Order:  The proposal violates the Agency's right to
 assign work under section 7106(a)(2)(B) of the Statute.  Accordingly,
 pursuant to section 2424.10 of the Authority's Rules and Regulations (5
 CFR 2424.10 (1981)), IT IS ORDERED that the petition for review with
 regard to Union Proposal 21 be, and it hereby is, dismissed.  Reasons:
 The Union proposed deleting that portion of the Memorandum which would
 require all graphic control operators to be responsible for adherence to
 the operating instructions contained in the Memorandum.  As noted in
 connection with the first 19 proposals discussed above, section
 7106(a)(2)(B) of the Statute reserves to management the right to assign
 work, including the right to determine what duties are to be performed.
 Union Proposal 21, by removing the requirement that graphic control
 operators be responsible for adhering to the operating instructions
 contained in the Memorandum, would directly interfere with management's
 determination with respect to the performance of those duties.  The
 proposal therefore conflicts with section 7106(a)(2)(B) and is outside
 the duty to bargain.  /6/ Union Proposal 22 (Memorandum - Section 3)
 
          3.  (Mission) Responsibilities:  Graphic Control Operators are
       primarily responsible for operating the Plant, Graphic Control
       Center, and IBM System 7 Computer to insure that the air
       conditioning, heating, refrigeration, and all other plant systems
       are functioning properly.  All Engineering trouble calls during
       off duty hours are channeled through the Graphic Control Center.
       It is the GCO's responsibility to evaluate the reported
       malfunction to determine if the problem can be corrected by GCO
       within 20 minutes.  If it is determined that item cannot be
       repaired within the 20 minute period, GCO then must decide if
       immediate corrective action is required or if malfunction can be
       corrected the following duty day.
 
                       Question Before the Authority
 
    The question is whether the Union's proposal to move the foregoing
 "Mission" statement contained in the Memorandum to the section entitled
 "Responsibilities" (Memorandum, Section 2, supra) is within the duty to
 bargain or, as alleged by the Agency, violates the right to determine
 mission under section 7106(a)(1).
 
                                  Opinion
 
 Conclusion and Order:  The Union's proposal to incorporate this mission
 statement under a different section of the Memorandum is within the duty
 to bargain.  Accordingly, pursuant to section 2424.10 of the Authority's
 Rules and Regulations (5 CFR 2424.10 (1981)), IT IS ORDERED that the
 Activity shall upon request (or as otherwise agreed to by the parties)
 bargain over the proposal.  /7/ Reasons:  The Union's proposal makes no
 substantive change to the provisions of the "Mission" statement as
 contained in the Memorandum.  Accordingly, and as it does not otherwise
 appear that the proposal violates the right to determine mission under
 section 7106(a)(1), the proposal is within the duty to bargain.  Union
 Proposals 23-30 (Memorandum - Section 4b - h)
 
          23.  GENERAL PROCEDURES:
 
          b.  (GCO) Chief of Operations will insure (that adequate) tools
       and log sheets are available for the GCO so that he/she may (to)
       accomplish his/her duties.
 
          24.  c.  The GCO is not authorized to call any workman to duty
       for overtime (except as outlined in appendices).
 
          25.  d.  The GCO must read and be aware of the contents of the
       appendices.  The appendices contain detailed instructions that
       (must) should be followed by the GCO.
 
          26.  e.  In case you are confronted with a problem that is not
       covered in the appendices (and) or the GCO does not have enough
       information or knowledge to determine correct steps to take,
       he/she will contact the (Operations Supervisor or Assistant
       Operations Supervisor) appropriate designated supervisor.
 
          27.  f.  GCO (will) should keep the Graphic Control Center (and
       the plant) neat and clean at all times.
 
          28.  g.  Graphic Control Operator should (will) not be absent
       from Graphic Control Center for more than 20 minutes at a time.
       (Emphasis in original, except "should.")
 
          29.  h.  Graphic Control Operator (will) should eat his meals
       in the Graphic Control Center while performing his duties.
 
          30.  i.  Graphic Control Operators will be given two
       uninterrupted rest periods during each eight hour tour of duty
       from the constant attention to duty.
 
                       Question Before the Authority
 
    The question is whether the Union's proposals violate section
 7106(a)(2)(B) or section 7106(b)(1) of the Statute, /8/ as alleged by
 the Agency.
 
                                  Opinion
 
 Conclusion and Order:  Union Proposals 23-28 conflict with the Agency's
 right to assign work within the meaning of section 7106(a)(2)(B);  its
 proposals 29 and 30 concern matters which are within the duty to
 bargain.  Accordingly, pursuant to section 2424.10 of the Authority's
 Rules and Regulations (5 CFR 2424.10 (1981)), IT IS ORDERED that the
 petition for review with regard to Proposals 23-28 be, and it hereby is,
 dismissed;  IT IS FURTHER ORDERED that the Agency's shall upon request
 (or as otherwise agreed to by the parties) bargain concerning Union
 Proposals 29 and 30.  /9/ Reasons:  Section 4 of the Memorandum outlines
 general procedures with which graphic control operators are expected to
 comply.  The Union's Proposals 23-28 would accomplish the following:
 remove from graphic control operators the requirement of insuring that
 adequate tools and logs be kept, requiring the Chief of Operations
 instead, to insure their availability;  eliminate the authorization for
 GCO's to call workmen to duty for overtime "as outlined in appendices;"
 make permissive the requirement that GCO's follow certain instructions,
 substitute an unspecified supervisor for those specifically mentioned in
 the Memorandum to be contacted in the event certain problems arise and
 would substitute the word "or" for the word "and" thereby giving GCO's
 an option in determining when to contact the supervisor;  make
 permissive the requirement that the Graphic Control Center be kept neat
 and clean at all times, and eliminate the GCO's responsibility for
 keeping the plant neat and clean;  and permit rather than prohibit GCO's
 leaving the Graphic Control Center for more than a specified period of
 time.
 
    In agreement with the Agency, the Authority finds that Union
 Proposals 23-28 would directly interfere with the right to assign work
 by:  eliminating the performance of various duties by GCO's as
 prescribed by management, such as insuring that adequate tools and logs
 are kept and making calls to workmen under certain circumstances for
 overtime purposes;  modifying the assignment of work, such as which
 supervisor is designated to receive problem calls;  and eliminating the
 mandatory nature of certain duties, such as following instructions,
 keeping physical locations neat and clean and not being absent from a
 particular work area for more than a prescribed period of time.
 Consequently, such proposals are outside the duty to bargain.  See,
 e.g., Vandenberg Air Force Base, 9 FLRA No. 83.
 
    We turn next to Union Proposals 29 and 30.  The former would make
 permissive the requirement that graphic control operators eat their
 meals in the Graphic Control Center while performing their duties.  The
 latter would require management to give GCO's two uninterrupted rest
 periods during each eight hour tour of duty.
 
    The statutory authority for granting meal periods is found in 5
 U.S.C. 6101 which pertains to the establishment of the basic 40-hour
 workweek for full-time employees.  /10/ More specifically, 5 U.S.C.
 6101(a)(3)(F) permits agency heads to grant breaks of up to one hour in
 the basic workday.  The record is unclear as to whether the employees
 here involves have been granted a "duty-free," non-compensable meal
 period pursuant to this statutory provision or whether they remain in a
 duty status during their entire tour of duty.  In either event, the
 Union's proposal that GCO's "should" eat their meals in the Graphic
 Control Center while performing their duties does not appear to be
 inconsistent with the statutory authority governing meal periods nor do
 we find it to be inconsistent with management's rights under the
 Statute.  In this latter regard, the Agency claims, without further
 specificity, that the proposal violates the Agency's right to assign
 work under section 7106(a)(2)(B) to the extent that "a shift is made
 from mandatory responsibilities of the GCO . . . to permissive
 responsibility . . . ." Contrary to the Agency's contention, the
 Authority finds that the proposal would not violate management's right
 to assign work.  The language of the proposal itself supports such a
 conclusion.  By requiring that employees "should" eat their meals in the
 Graphic Control Center while performing their duties, the proposal
 recognizes that there would be occasions when management would deem it
 necessary to assign work to employees during their meal periods.
 Accordingly, to the extent that the Union's proposal would neither
 prevent management from assigning duties to employees during their meal
 periods nor relieve employees of the responsibility to perform any work
 scheduled during that time, we find that Union Proposal 29 is within the
 Agency's duty to bargain.  /11/
 
    The authority to prescribe regulations regarding the conduct of
 agency employees is contained in 5 U.S.C. 301, /12/ which authority
 extends to the granting of rest periods.  /13/ Union Proposal 30 is that
 GCO's be given two uninterrupted rest periods during each eight hour
 tour of duty from the constant attention to duty.  The Agency claims
 that adherence to the proposal would require an increase in staffing
 which is a matter negotiable solely at the election of the Agency
 pursuant to section 7106(b)(1) of the Statute and concerning which the
 Agency has elected not to bargain.  For the following reasons, the
 Agency's contention cannot be sustained.
 
    The Authority has previously held that proposals are negotiable at
 the election of an agency under section 7106(b)(1) only if the language
 of the proposals explicitly relates to the numbers, types, and grades of
 employees or positions assigned to a tour of duty so as to come within
 the literal language of that section or if the agency has demonstrated
 that the proposals, by their direct or integral relationship to the
 numbers, types and grades of employees or positions assigned to a tour
 of duty, would be determinative of such numbers, types, or grades.
 American Federation of Government Employees, AFL-CIO, Local 2875 and
 Department of Commerce, National Oceanic and Atmospheric Administration,
 National Marine Fisheries Service, Southeast Fisheries Center, Miami
 Laboratory, Florida, 5 FLRA No. 55 (1981);  National Treasury Employees
 Union, Chapter 66 and Internal Revenue Service, Kansas City Service
 Center, 1 FLRA 927 (1979).  The proposal here does not on its face
 explicitly relate to the numbers, types, and grades of employees or
 positions assigned to a tour of duty nor has the Agency demonstrated
 such a direct or integral relationship.  Rather, the proposal would
 provide for the granting of rest periods, a matter within the discretion
 of an agency to grant and therefore subject to negotiation.  /14/ Of
 course, inasmuch as employees would remain in a duty status during their
 rest periods, /15/ management would retain the right to assign work to
 employees under section 7106(a)(2)(B) during such rest periods
 notwithstanding the wording of the proposal which provides for
 "uninterrupted" rest periods.  The Union has indicated no intent that
 management be prohibited from assigning work during such periods and, in
 this regard, in its response to the Agency's statement of position, the
 Union referred to its Proposal 30 as an attempt to negotiate two rest
 periods but no longer described them as being "uninterrupted."
 Accordingly, we find Union Proposal 30 to be within the Agency's duty to
 bargain.  Union Proposal 31 (Appendix A - Service Calls)
 
          1.  PURPOSE:  To provide the Graphic Control Operator and
       Mechanics with instructions for processing (trouble) emergency
       calls other than normal duty hours.
 
                       Question Before the Authority
 
    The question is whether the Union's proposed change in terminology
 from "trouble" to "emergency" is within the duty to bargain.
 
                                  Opinion
 
 Conclusion and Order:  The proposal is not properly before the Authority
 for a ruling.  Accordingly, pursuant to section 2424.10 of the
 Authority's Rules and Regulations (5 CFR 2424.10 (1981)), IT IS ORDERED
 that the petition for review with regard to Proposal 31 be, and it
 hereby is, dismissed.  Reasons:  The record indicates that the Union
 never requested or received an agency allegation of nonnegotiability
 with respect to this proposal, as required by section 7117(c)(1) of the
 Statute.  Under these circumstances, the proposal is not properly before
 the Authority for decision.  See Association of Civilian Technicians and
 State of Georgia, Department of Defense, Military Division, Atlanta,
 Georgia, 3 FLRA 686 (1980).  Union Proposals 32-36 (APPENDIX B -
 EMERGENCY GENERATOR)
 
    4.  General:
 
          32.  a.  The emergency generator will be test run each Monday
       from 6 A.M. to 7:45 A.M. by the Graphic Control Operator and other
       designated Engineering Personnel.
 
          33.  b.  When a holiday falls on Monday the generator will be
       run on Tuesday but only for one hour from 6 A.M. to 7 A.M.  If the
       holiday runs through both days, it will not be run that week.
 
          34.  c.  Graphic Control Operator (will) should take reading at
       approximately 6 A.M. (again) at 7:00 A.M. and (a final reading) at
       7:40 A.M.
 
          35.  (e.  In addition to check list items, the Graphic Control
       Operator will record the oil and water temperatures in the remarks
       section of the VA Form 10-77 (671) Feb. 1976 for his particular
       shift and record generator run on the daily log book.)
 
          36.  (f.  Each day forward the daily check list to operations
       and every Monday forward the weekly test run sheet along with the
       daily check list to Operations.)
 
                       Question Before the Authority
 
    The question is whether the Union's proposals are outside the duty to
 bargain, as alleged by the Agency, because they violate section
 7106(a)(2)(B) of the Statute.
 
                                  Opinion
 
 Conclusion and Order:  The proposed changes violate the Agency's right
 to assign work under section 7106(a)(2)(B) of the Statute and are,
 therefore, outside the duty to bargain.  Accordingly, pursuant to
 section 2424.10 of the Authority's Rules and Regulations (5 CFR 2424.10
 (1981)), IT IS ORDERED that the petition for review with regard to Union
 Proposals 32-36 be, and it hereby is, dismissed.  Reasons:  As
 previously stated herein, proposals which directly interfere with the
 Agency's right to assign work pursuant to section 7106(a)(2)(B) are
 outside the scope of bargaining.  /16/ Union Proposals 32-36 each would
 have this impermissible effect:  Proposal 32 would require assigning
 responsibility for administering a test run to additional engineering
 personnel besides the graphic control operator;  Proposal 33 would
 eliminate the assigned task to test run the emergency generator in the
 event a holiday occurs on both Monday and Tuesday;  Proposal 34 would
 make permissive the mandatory requirement that the GCO take equipment
 readings;  and Proposals 35-36 would eliminate the duties of recording
 certain types of information on prescribed forms and forwarding various
 other forms to a designated office which management had prescribed for
 GCO's.  Accordingly, these proposals are outside the duty to bargain.
 Union Proposals 37-39 (Appendix D - Fire Alarm System)
 
          37.  4.  GENERAL:
 
          a.  During a smoke notification or fire alarm, the operator
       will return to the Graphic Control Center where he will remain,
       unless the emergency is in the Control Room.
 
          38.  b.  He will maintain radio contact with the hospital
       police and the Chief of the fire fighting crew.  The GCO will be
       informed in writing as to who is the Chief of the Fire Fighting
       Crew.  The Chief of the Fire Fighting Crew will be issued radio.
 
          39.  e. Reset the master fire alarm panel in the Graphic
       Control Center after the all clear has been received from the
       police and after the police have reset the zone panels.
 
                       Question Before the Authority
 
    The question is whether the Union's proposals are within the Agency's
 duty to bargain, or violate section 7106(a)(2)(B) of the Statute, as
 alleged by the Agency.
 
                                  Opinion
 
 Conclusion and Order:  Union Proposal 37 and the first sentence of Union
 Proposal 38 are within the duty to bargain;  the last sentence of
 Proposal 38 and Proposal 39, however, do not concern conditions of
 employment of unit employees under the Statute.  Accordingly, pursuant
 to section 2424.10 of the Authority's Rules and Regulations (5 CFR
 2424.10 (1981)), IT IS ORDERED that the Agency shall upon request (or as
 otherwise agreed to by the parties) bargain concerning Union Proposal 37
 and the first sentence of Proposal 38;  /17/ IT IS FURTHER ORDERED that
 the petition for review with regard to the last sentence of Proposal 38
 and all of Proposal 39 be, and it hereby is, dismissed.  Reasons:  The
 Authority has stated that proposals to require management to consider
 health and safety factors in assigning work are not inconsistent with
 the Statute but proposals which would actually preclude the assignment
 of work are nonnegotiable.  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) and International Association of Fire Fighters Local F-61 and
 Philadelphia Naval Shipyard, 3 FLRA 438 (1980).  Here, Proposal 37 is,
 on its face, concerned with the safety of graphic control operators in
 the event of a fire emergency in the Graphic Control Center, and would
 not prevent the Agency from assigning work or, insofar as appears from
 the record, otherwise violate management rights.  That is, the proposal
 is not concerned with the assignment of work.  It merely would permit
 employees to whom work had been assigned to delay returning to the
 worksite when it is the location of a fire emergency.  Under these
 circumstances, the Authority finds this proposal is within the duty to
 bargain.
 
    With regard to Union Proposal 38, the Union proposes:  (1) that the
 GCO be informed in writing as to who occupies the position of chief of
 the fire fighting crew;  and (2) that the chief of the fire fighting
 crew be issued a radio.  The Agency has made no specific arguments
 concerning this proposal.  In the Authority's view, the requirement to
 inform the GCO in writing as to who occupies the position of chief of
 the fire fighting crew, on its face, constitutes a negotiable procedure
 within the meaning of section 7106(b)(2) of the Statute.  /18/ In this
 connection, the proposal would not interfere with any management right
 but merely would make clear the name of the official who management has
 designated to be contacted by GCO's.  Accordingly, the proposal to add
 this requirement to section 4b of the Memorandum is within the duty to
 bargain.
 
    The portion of Union Proposal 38, however, which would require the
 Agency to provide a radio to the chief of the fire fighting crew, as
 well as Union Proposal 39, are outside the duty to bargain because
 neither is directly concerned with conditions of employment of members
 of the bargaining unit.  /19/ Union Proposals 40-44 (Appendix E -
 Graphic Control Shift and Plant Logs)
 
          40.  4.  GENERAL
 
          a.  The Graphic Control shift log book is an official record
       (and completed logs will be maintained in accordance with VA
       maintenance of records.) All entries will be made using black or
       blue ballpoint pens.
 
          41.  b.  Only items of an official nature will be annotated in
       the logs.  This is a shift record or journal of occurrences
 
 (sic),
 
       experiences, observations, and transactions.  (Under no
       circumstances will unofficial personal comments be entered in the
       log.)
 
          42.  c.  Daily log sheet for the air conditioning plant VA Form
       10-17, a new log sheet will be placed in use each midnight.  All
       entries on this sheet will be on the hour or as near the hour as
       time permits.  Within (fifteen minutes) a reasonable amount of
       time past the hour you should be taking the plant readings.  If
       for any reason you miss a reading annotate the fact and explain
       why the reading was not accomplished.
 
          43.  d.  The air handler temperature equipment read out log VA
       Form 7051c.  A new log sheet will be placed in use each shift.
       Two (2) discharge temperature readings of air handlers will be
       made and recorded on each shift.  These readings will be taken and
       recorded (in the 1st and 4th hour of the) twice a shift.
       Additional items to be recorded on the sheet are operator name,
       date, shift and time of reading.
 
          44.  g.  Refrigeration logs.  Temperature reading of research
       CTR, Blood Bank, Morgue, and Kitchen walk-in will be made on each
       shift other than normal duty hours.  This temperature check will
       be made twice during (the second hour and fifth hour of) your tour
       of duty.  Items to be recorded are date, time, box or room number,
       temperature and operator's initial.
 
 Union Proposal 45 (Appendix F - Water Softeners /20/ )
 
          4.  GENERAL:
 
          d.  Each operator will take a water hardness test (within two
       hours) as soon as time permits after assuming shift
       responsibility.  The results of this test will be annotated in the
       shift log.
 
                       Question Before the Authority
 
    The question is whether the Union's proposals are outside the duty to
 bargain because they violate section 7106(a)(2)(B) of the Statute or
 because the Agency has elected not to bargain them under section
 7106(b)(1).
 
                                  Opinion
 
 Conclusion and Order:  Union Proposals 40-45 are outside the duty to
 bargain.  Accordingly, pursuant to section 2424.10 of the Authority's
 Rules and Regulations (5 CFR 2424.10 (1981)), IT IS ORDERED that the
 petition for review with regard to these Union Proposals be, and it
 hereby is, dismissed.  Reasons:  Union Proposals 40 and 41 would
 eliminate the requirements that employees maintain completed logs in
 accordance with "VA maintenance of records" and refrain from inserting
 unofficial personal comments.  In agreement with the Agency the
 Authority finds these proposals would directly interfere with the right
 to determine how certain logs will be maintained, i.e., the "method" by
 which particular work will be performed.  This involves a matter
 negotiable solely at the election of the Agency under section 7106(b)(1)
 and concerning which the Agency has elected not to bargain.
 Accordingly, this matter is not within the duty to bargain.  National
 Treasury Employees Union and Internal Revenue Service, 6 FLRA No. 98
 (1981) (Union Proposals III, IV and V).
 
    Union Proposals 42-45 all pertain to duties which are required to be
 performed at specified times.  The Union has proposed to change when
 such duties will be performed.  Such proposals, in effect, would change
 the requirements of a duty assignment in violation of management's right
 "to assign work." /21/ Accordingly, the Union proposals are outside the
 duty to bargain under section 7106(a)(2)(B) of the Statute.  Union
 Proposals 46-51 (Appendix H - (Office and) Machine Room Housekeeping)
 
          46.  1.  PURPOSE:  To provide the Graphic Control Operator with
       instructions for housekeeping (duties with their area) involving
       the Machine Room.
 
          47.  3.  RESPONSIBILITY:  The 5th Graphic Control Operator is
       responsible for (cleaning the Graphic Control Center and) keeping
       the machine room neat and clean at all times.  (This cleaning
       consists of sweeping and mopping floors, cleaning of desk, table
       surface areas and dusting of all office equipment.)
 
          48.  4.  GENERAL:
 
          a.  (The duty operator will make sure) GCO will insure that the
       Graphic Control Center is clean at all times.
 
          49.  b.  The trash cans will be emptied on each shift by
       Building Management personnel.
 
          50.  c.  Each day on the 12:00 p.m. (sic) (midnight) to 8:00
       A.M. shift, the Graphic Control Center will be cleaned.  The GCO
       operator will contact housekeeping to accomplish this.  The
       cleaning will consist of sweeping and mopping floors, cleaning the
       desk, cadenza, (sic) table surface area and dusting of all the
       office equipment and emptying trash.
 
          51.  (e.  The duty operator will make sure the plant is clean
       at all times, especially no dirty rags, tools or cups setting on
       tables or laying around.)
 
                       Question Before the Authority
 
    The question is whether the Union's proposals are within the duty to
 bargain or violate section 7106(a)(2)(B) of the Statute, as alleged by
 the Agency.
 
                                  Opinion
 
 Conclusion and Order:  The Union's proposed change with regard to the
 Title of the Appendix, and Union Proposals 46, 47 and 49-51 are
 violative of section 7106(a)(2)(B) of the Statute and, therefore, are
 outside the duty to bargain.  Accordingly, pursuant to section 2424.10
 of the Authority's Rules and Regulations (5 CFR 2424.10 (1981)), IT IS
 ORDERED that the petition for review with regard to these proposals be,
 and it hereby is, dismissed.  However, Union Proposal 48 does not
 conflict with any management rights and, therefore, is within the duty
 to bargain.  Accordingly, pursuant to section 2424.10 of the Authority's
 Rules and Regulations (5 CFR 2424.10 (1981)), IT IS ORDERED that the
 Agency shall upon request (or as otherwise agreed to by the parties)
 bargain concerning Union Proposal 48.  /22/ Reasons:  Union Proposals
 46, 47 and 49-51 would directly interfere with the right to assign work.
  More specifically, in the title of Appendix H, Proposals 46 and 47, the
 Union has proposed to eliminate the assignment of housekeeping duties in
 the Graphic Control Office to the graphic control operator;
 additionally, Proposal 47 would require only the "5th Graphic Control
 Operator" to perform a certain duty rather than any Graphic Control
 Operator as provided for in the Memorandum and would eliminate specific
 cleaning duties to be performed;  in Proposals 49, 50 and 51, the Union
 has proposed the reassignment of various duties to Building Management
 personnel or the housekeeping staff, and the elimination of the
 requirement that the duty operator insure that the plant is clean at all
 times.  By thus directly interfering with management's right to assign
 work, the proposals conflict with section 7106(a)(2)(B) of the Statute
 and are, therefore, outside the duty to bargain.  See Vandenberg Air
 Force Base, 9 FLRA No. 83.
 
    Union Proposal 48, however, would simply substitute the term "GCO"
 for the term "duty operator." Insofar as appears from the record, the
 terms GCO and duty operator are interchangeable and refer to the same
 type of employee.  Accordingly, the proposal does not conflict with any
 management assignment of work, as alleged by the Agency and is within
 the duty to bargain.  Union Proposals 52-53 (Appendix L - Security of
 Exterior Doors /23/ )
 
          52.  4.  GENERAL:
 
          a.  The electro/magnetic locking exterior doors will be opened
       only for emergencies or to accomplish official duties.  If the
       doors are opened, the operator will record in the log the date,
       time, and purpose of opening the doors.  An extract of the log
       will be forwarded to the Engineering Service timekeeper each day
       by the Supervisors.
 
          53.  d.  The operator will unlock these doors Monday thru
       Friday between 6(7):00 A.M. thru 7:30 A.M.
 
                       Question Before the Authority
 
    The question is whether the Union's proposals violate section
 7106(a)(2)(B) of the Statute, as alleged by the Agency.
 
                                  Opinion
 
 Conclusion and Order:  Union Proposals 52 and 53 are outside the duty to
 bargain under section 7106(a)(2)(B) of the Statute.  Accordingly,
 pursuant to section 2424.10 of the Authority's Rules and Regulations (5
 CFR 2424.10 (1981)), IT IS ORDERED that the petition for review with
 regard to Union Proposals 52 and 53 be, and it hereby is, dismissed.
 Reasons:  Union Proposal 52 would eliminate the requirement that GCO's
 forward an extract of the log to the Engineering Service timekeeper each
 day and, instead, would require that supervisors perform such function.
 By eliminating the assignment of a particular task to GCO's, the
 proposal violates the Agency's right to assign work within the meaning
 of section 7106(a)(2)(B) and it is, therefore, outside the duty to
 bargain.  Vandenberg Air Force Base, 9 FLRA No. 83.
 
    Union Proposal 53 would permit GCO's to unlock certain doors between
 6:00 A.M. and 7:30 A.M. whereas the Agency prescribes that the interval
 of time within which this task must be performed is 7:00-7:30.  The
 Agency has the right under section 7106(a)(2)(B) to determine when such
 work will be performed.  International Association of Fire Fighters,
 Local F-61 and Philadelphia Naval Shipyard, 3 FLRA 438 (1980) (Union
 Proposal II).  Accordingly, the proposal is outside the duty to bargain.
  Union Proposals 54-55 (Appendix M - Plant Equipment)
 
          54.  4.  GENERAL:
 
          a.  The medical vacuum pumps, dental air compressor, medical
       air compressor, central air compressor will be alternated each
       week.  The responsibility for the change will be the (4-12 shift)
       5th Operator each Friday.
 
          55.  b.  The dental vacuum pump will be started each morning,
       Monday thru Friday, at 7:30 A.M. and turned off at 5(6):00 P.M.
 
                       Question Before the Authority
 
    The question is whether the Union's proposals are outside the duty to
 bargain because they violate section 7106(a)(2)(B), as alleged by the
 Agency.
 
                                  Opinion
 
 Conclusion and Order:  Union Proposals 54 and 55 are outside the duty to
 bargain under section 7106(a)(2)(B) of the Statute.  Accordingly,
 pursuant to section 2424.10 of the Authority's Rules and Regulations (5
 CFR 2424.10 (1981)), IT IS ORDERED that the petition for review with
 regard to the Union's proposals be, and it hereby is, dismissed.
 Reasons:  Union Proposal 54 provides that employees on a particular
 shift will be responsible for alternating various pumps and compressors
 while the Union has proposed that the "5th Operator" maintain this
 responsibility.  The Union's proposal is outside the duty to bargain
 under section 7106(a)(2)(B) because it would require the Agency to
 assign work to a particular employee-- the 5th Operator-- and would
 preclude the assignment of such work to any other employee.  As the
 Authority concluded in Wright-Patterson Air Force Base, 2 FLRA 604, 631
 with regard to an agency's right to assign work under section
 7106(a)(2)(B), "(t)he right to assign work includes discretion as to the
 particular employee to whom it will be assigned." As the Union's
 proposal would remove from agency management the discretion to determine
 which employee will be assigned various duties the proposal violates
 section 7106(a)(2)(B).
 
    Union Proposal 55 would alter the time at which the dental vacuum
 pump is to be turned off, from 6:00 P.M. to 5:00 P.M.  As previously
 stated in connection with Proposal 53, a proposal to change management's
 determination of when a task must be performed would violate the
 Agency's right to assign work under section 7106(a)(2)(B).  Accordingly,
 this matter is not within the duty to bargain.  Union Proposal 56
 (Appendix N - Electron Microscopes, CTR, Computer Room and Environmental
 Boxes)
 
          4.  GENERAL:
 
          a.  The Graphic Control Operator will notify Research personnel
       when there is a water or electrical failure in the hospital.
 
          b.  The Graphic Control Operator will notify Laboratory
       personnel when there is a water or electrical failure in the
       hospital.
 
                       Question Before the Authority
 
    The question is whether Union Proposal 56 is within the scope of
 bargaining, or violates section 7106(a)(2)(B) of the Statute, as alleged
 by the Agency.
 
                                  Opinion
 
 Conclusion and Order:  The proposal is within the duty to bargain.
 Accordingly, pursuant to section 2424.10 of the Authority's Rules and
 Regulations (5 CFR 2424.10 (1981)), IT IS ORDERED that the Agency shall
 upon request (or as otherwise agreed to by the parties) bargain
 concerning the proposal.  /24/ Reasons:  Among the duties outlined in
 Appendix N, GCO's are required to notify research and laboratory
 personnel in the event of a water or electrical failure in the hospital.
  The Union's proposal merely would require the Agency to provide GCO's
 with a current listing of names and telephone numbers of those personnel
 to be notified.  In the Authority's view such a proposal, on its face,
 constitutes a negotiable procedure under section 7106(b)(2) 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 2,
 second sentence).  Therefore, it is within the duty to bargain.  Union
 Proposal 57 (Appendix P - Air Handler)
 
          4.  GENERAL:
 
          a.  The operator will take two (the) discharge read out
       temperatures of such air handler during (the first and fourth hour
       of) his tour of duty.  These readings will be recorded on the data
       sheet and turned in to the Operations Office each morning.
 
                       Question Before the Authority
 
    The question is whether the proposal is outside the duty to bargain
 under section 7106(a)(2)(B), as alleged by the Agency.
 
                                  Opinion
 
 Conclusion and Order:  Union Proposal 57 conflicts with the Agency's
 right under section 7106(a)(2)(B) to assign work.  Accordingly, pursuant
 to section 2424.10 of the Authority's Rules and Regulations (5 CFR
 2424.10 (1981)), IT IS ORDERED that the petition for review with regard
 to this proposal be, and it hereby is, dismissed.  Reasons:  In
 agreement with the Agency, the Authority finds that by changing the
 requirement that operators take discharge read out temperatures at
 particular times during a tour of duty, this proposal would directly
 interfere with management's right to assign work in like manner as Union
 Proposals 53 and 55 and is outside the duty to bargain under section
 7106(a)(2)(B).  Philadelphia Naval Shipyard, 3 FLRA 438.  Union
 Proposals 58-60 (Appendix Q - Telephone Usage)
 
          58.  1.  PURPOSE:  To provide (Graphic Control Operator) all
       engineering personnel with instructions in using and controlling
       the telephone in the Graphic Control Room.
 
          59.  3.  RESPONSIBILITY:  The (Graphic Control Operator) Chief
       of Operations is responsible for (complying with the provisions of
       these instructions) insuring that all employees comply.
 
          60.  4.  GENERAL:
 
          b.  (The operator) Engineering Personnel may use the phone for
       personal emergency calls but this call should be limited to two or
       three minutes.
 
                       Question Before the Authority
 
    The question is whether the Union's proposals violate section
 7106(a)(2)(B) of the Statute, as alleged by the Agency.
 
                                  Opinion
 
 Conclusion and Order:  Union Proposal 60 is within the duty to bargain.
 Accordingly, pursuant to section 2424.10 of the Authority's Rules and
 Regulations (5 CFR 2424.10 (1981)), IT IS ORDERED that the Agency shall
 upon request (or as otherwise agreed to by the parties) bargain
 concerning Union Proposal 60.  /25/ Union Proposals 58 and 59, however,
 conflict with the Agency's right to assign work under section
 7106(a)(2)(B).  Accordingly, pursuant to section 2424.10 of the
 Authority's Rules and Regulations (5 CFR 2424.10 (1981)), IT IS ORDERED
 that the petition for review with regard to Union Proposals 58 and 59
 be, and it hereby is, dismissed.  Reasons:  Union Proposal 58 would
 require that instructions on the use and control of the telephone in the
 Graphic Control Room be provided to all engineering personnel instead of
 only to GCO's.  This proposal would directly interfere with management's
 right to assign work under section 7106(a)(2)(B) regardless of whether
 it was intended to require that employees other than GCO's use and
 control the telephone, /26/ or whether it was intended to require the
 Agency to provide training in the use of the telephone to employees
 other than GCO's.  /27/ Union Proposal 59 would also directly interfere
 with the right to assign work by eliminating the GCO's responsibility
 for complying with the operating instructions contained in the Appendix.
 
    As to Union Proposal 60, which would permit engineering personnel
 rather than solely the operator to use the telephone for personal
 emergency calls, the Agency has not demonstrated and it does not
 otherwise appear that the Proposal is in any manner barred from
 negotiation.  Under these circumstances, we find the proposal to be
 within the duty to bargain.  Issued, Washington, D.C., June 2, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ The Agency's request to dismiss the Union's petition for review
 as untimely filed is denied.  The Union's petition for review was filed
 within the time limits prescribed by sections 2424.3 and 2429.22 of the
 Authority's Rules and Regulations after service upon the Union of a
 second unsolicited allegation of nonnegotiability by the Agency.  See
 International Brotherhood of Electrical Workers, AFL-CIO, Local 121 and
 Department of the Treasury, Bureau of Engraving and Printing,
 Washington, D.C., 10 FLRA No. 39 (1982).
 
 
    /2/ The Authority requested additional information from the parties
 pursuant to sections 2424.8 and 2429.26 of the Authority's Rules and
 Regulations.  However, as the parties did not file their submissions
 within the time limit prescribed by the Authority, such submissions were
 not considered herein.
 
 
    /3/ For convenience and clarity, the Union's proposed modifications
 to the provisions and changes will be set forth in the following manner:
  the Union's proposed modifications to the provisions of the Memorandum
 will be underscored;  those portions of the Memorandum the Union seeks
 to delete will be enclosed in brackets.
 
 
    /4/ The Union proposed other minor nonsubstantive changes to 3 of the
 19 sections which it will be unnecessary to pass upon in view of our
 finding herein.
 
 
    /5/ Section 7106(a)(2)(B) of the Statute provides, in pertinent part,
 as follows:
 
          Sec. 7106.  Management rights
 
          (a) Subject to subsection (b) of this section, nothing in this
       chapter shall affect the authority of any management official of
       any agency--
 
                                .  .  .  .
 
          (2) in accordance with applicable laws--
 
                                .  .  .  .
 
          (B) to assign work . . . .
 
 
    /6/ In view of this decision the Authority finds it unnecessary to
 reach the Agency's contention regarding section 7106(b)(1) of the
 Statute.
 
 
    /7/ In so finding, the Authority makes no judgment as to the merits
 of the proposal.
 
 
    /8/ Section 7106(a)(2)(B) is set forth at note 5, supra.  Section
 7106(b)(1) of the Statute provides, in pertinent part, as follows:
 
          Sec. 7106.  Management rights
 
                                .  .  .  .
 
          (b) Nothing in this section shall preclude any agency and any
       labor organization from negotiating--
 
          (1) at the election of the agency, on the numbers, types, and
       grades of employees or positions assigned to any organizational
       subdivision, work project, or tour of duty, or on the technology,
       methods, and means of performing work(.)
 
 
    /9/ In so finding, the Authority makes no judgment as to the merits
 of the proposals.
 
 
    /10/ 5 U.S.C. 6101(a) provides, in pertinent part, as follows:
 
          Sec. 6101.  Basic 40-hour workweek;  work schedules;
       regulations
 
                                .  .  .  .
 
          (2) The head of each Executive agency, military department, and
       of the government of the District of Columbia shall--
 
          (A) establish a basic administrative workweek of 40 hours for
       each full-time employee in his organization;  and
 
          (B) require that the hours of work within that workweek be
       performed within a period of not more than 6 of any 7 consecutive
       days.
 
          (3) Except when the head of an Executive agency, a military
       department, or of the government of the District of Columbia
       determines that his organization would be seriously handicapped in
       carrying out its functions or that costs would be substantially
       increased, he shall provide, with respect to each employee in his
       organization, that--
 
          (A) assignments to tours of duty are scheduled in advance over
       periods of not less than 1 week;
 
          (B) the basic 40-hour workweek is scheduled on 5 days, Monday
       through Friday when possible, and the 2 days outside the basic
       workweek are consecutive;
 
          (C) the working hours in each day in the basic workweek are the
       same;
 
          (D) the basic nonovertime workday may not exceed 8 hours;
 
          (E) the occurrence of holidays may not affect the
 
 designation of the basic workweek;  and
 
          (F) breaks in working hours of more than 1 hour may not be
       scheduled in a basic workday.
 
 
    /11/ We note further that nothing in the proposal would preclude the
 staggering of meal periods to ensure that the Graphic Control Center is
 manned at all times.
 
 
    /12/ 5 U.S.C. 301 provides as follows:
 
          Sec. 301.  Departmental regulations
 
          The head of an Executive department or military department may
       prescribe regulations for the government of his department, the
       conduct of its employees, the distribution and performance of its
       business, and the custody, use, and preservation of its records,
       papers, and property.  This section does not authorize withholding
       information from the public or limiting the availability of
       records to the public.
 
 
    /13/ Accord, decisions of the Comptroller General in B-166304 (April
 7, 1969) and B-190011 (December 30, 1977).
 
 
    /14/ See National Treasury Employees Union, Chapter 6 and Internal
 Revenue Service, New Orleans District, 3 FLRA 748 (1980).
 
 
    /15/ See Decisions of the Comptroller General referred to in n. 13,
 supra.
 
 
    /16/ See p. 6, supra.
 
 
    /17/ In so finding, the Authority makes no judgment as to the merits
 of the proposals.
 
 
    /18/ Section 7106(b)(2) of the Statute provides, in pertinent part,
 as follows:
 
          Sec. 7106.  Management rights
 
          (b) Nothing in this section shall preclude any agency and any
       labor organization from negotiating--
 
                                .  .  .  .
 
          (2) procedures which management officials of the agency will
       observe in exercising any authority under this section . . . .
 
 
    /19/ See American Federation of Government Employees, AFL-CIO, Local
 2 and Department of the Army, Military District of Washington, 4 FLRA
 No. 60 (1980) and American Federation of Government Employees, National
 Council of EEOC Locals No. 216, AFL-CIO and Equal Employment Opportunity
 Commission, Washington, D.C., 3 FLRA 504 (1980).
 
 
    /20/ The Union originally proposed deletion of sections 4f, g and h
 of Appendix F of the Memorandum.  However, the Union subsequently
 indicated that it would "agree to management's 4f, g and h." Therefore
 insofar as it appears from the record that these proposals are no longer
 in dispute, the Authority shall not consider them further, herein.
 
 
    /21/ See National Labor Relations Board, 2 FLRA 775 and
 Wright-Patterson Air Force Base, 2 FLRA 604.
 
 
    /22/ In so finding, the