13:0048(9)NG - NTEU and IRS, Dallas District -- 1983 FLRAdec NG



[ v13 p48 ]
13:0048(9)NG
The decision of the Authority follows:


 13 FLRA No. 9
 
 NATIONAL TREASURY
 EMPLOYEES UNION
 Union
 
 and
 
 INTERNAL REVENUE SERVICE,
 DALLAS DISTRICT
 Agency
 
                                            Case No. O-NG-506
 
                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
 relating to the negotiability of two Union proposals.  Upon careful
 consideration of the entire record, including the parties' contentions,
 the Authority makes the following determinations.
 
                             Union Proposal 1
 
          ARTICLE II
 
          When general assignments of Austin EP (Employee Plans) and EO
       (Exempt Organizations) employees to Houston geographical area
       examination cases are required to clear up Houston backlogs,
       assignment will be made on an equitable basis, without regard to
       grade, sex, or group.  Upon request an employee selected for a
       certain assignment will be provided a written statement of reasons
       as to why he/she has been selected over any other employee.
 
    Based on the Agency's uncontroverted statement, the "Houston
 backlogs" contain cases with disparate levels of difficulty and areas of
 specialization.  In this connection, the Agency also states, without
 contradiction, that:
 
       * * * grade and group are valid, work-related considerations,
       since the level of work difficulty is often assigned on the basis
       of an employee's grade level.  Furthermore, in the IRS, employee
       groups often specialize in different areas of expertise.  /1/
 
 The right "to assign work" pursuant to section 7106(a)(2)(B) of the
 Statute includes the right to determine the particular employee to whom,
 or positions to which, duties will be assigned.  National Treasury
 Employees Union and Department of the Treasury, Bureau of the Public
 Debt, 3 FLRA 769, 775 (1980).  Union proposal 1, however, would replace
 the managerial discretion inherent in the right to assign work by
 requiring that work be assigned "on an equitable basis, without regard
 to grade . . . or group." Hence, as union proposal 1 would prevent
 management from taking into account valid considerations in making work
 assignments, it directly interferes with the Agency's right "to assign
 work" and is outside the duty to bargain.
 
                             Union Proposal 2
 
          ALTERNATIVE V
 
          To the extent that the agency determines that both
       determination and examination work are available for performance
       by EP (Employee Plans) (employ)ees located in Austin, and t