12:0540(102)NG - New York State Nurses Association and VA Medical Center, Manhattan, NY -- 1983 FLRAdec NG



[ v12 p540 ]
12:0540(102)NG
The decision of the Authority follows:


 12 FLRA No. 102
 
 NEW YORK STATE NURSES
 ASSOCIATION
 Union
 
 and
 
 VETERANS ADMINISTRATION
 MEDICAL CENTER,
 MANHATTAN, NEW YORK
 Agency
 
                                            Case No. O-NG-542
 
                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 presents the issue
 of the negotiability of the following Union proposal:
 
    Article 5.03 Work Schedules
 
          A. Each supervisor will make a reasonable effort within the
       demands of patient care needs to give each employee every other
       weekend off.  To meet the staffing requirement, part-time
       employees can be asked to work two weekends a month.
 
          B.  Each supervisor will make a reasonable effort to minimize
       rotation to the least amount necessary to meet patient care needs.
        Rotation will be distributed on an equitable basis among both
       full-time and part-time employees.  During the four-week posting
       period, nurses may be assigned to evening relief or night relief,
       but not both.  During a four-week posting period, no nurse will be
       required to rotate from the day to evening shift or the day to
       night shift on more than three separate occasions.
 
          C. If, following a four-week period of evening or night relief,
       a nurse is scheduled to provide relief on the relief shift other
       than that worked during the last four-week period, the nurse will
       be given at least 50 hours of non-duty time between the end of one
       four-week period of relief and the beginning of the next four-week
       period of relief.  (The underscored portions are at issue.)
 
    Upon careful consideration of the entire record, including the
 parties' contentions, the Authority makes the following determinations.
 In agreement with the Agency, the Authority finds that the Union's
 proposal would interfere with management's right to determine the
 numbers, types, and grades of employees or positions assigned to a tour
 of duty and, therefore, is negotiable only at the Agency's election
 under section 7106(b)(1) of the Statute.  /1/
 
    The disputed portions of the proposal, taken together, state absolute
 requirements that on specified days or during specified time periods
 certain employees would not be required to work.  The proposal thereby
 would require management to assign nurses based solely on a schedule
 regardless of personnel needs.  In this regard, the Agency contends
 without controversion that in order to