14:0059(12)NG - AFSCME Local 2477 and Library of Congress -- 1984 FLRAdec NG

 14 FLRA No. 12
 
 AMERICAN FEDERATION OF STATE,
 COUNTY AND MUNICIPAL EMPLOYEES
 LOCAL 2477
 Union
 
 and
 
 LIBRARY OF CONGRESS
 Agency
 
                                            Case No. O-NG-584
 
                 DECISION AND ORDER ON NEGOTIABILITY ISSUE
 
    The petition for review in this case comes before the Federal Labor
 Relations Authority (the Authority) pursuant to section 7105(a)(2)(E) of
 the Federal Service Labor-Management Relations Statute (the Statute) and
 presents issues concerning the negotiability of one Union proposal.
 
          Rotating days off will consist of Monday-Tuesday,
       Wednesday-Thursday, Friday-Saturday, Saturday-Sunday.
 
    Upon careful consideration of the entire record, including the
 parties' contentions, the Authority makes the following determination.
 /1/ The Agency alleged in its determination without any supporting
 argument that the proposal is inconsistent with its right to "assign"
 employees pursuant to section 7106(a)(2)(A) of the Statute, its right
 "to assign work" pursuant to section 7106(a)(2)(B) of the Statute and
 its right to determine the "numbers, types and grades of employees or
 positions assigned to any organizational subdivision" pursuant to
 section 7106(b)(1) of the Statute.  However, as there is no
 demonstration whatsoever in the record, and none is apparent to the
 Authority, of any relationship between this proposal to rotate days off
 for certain employees of the Agency and the management rights alluded to
 by the Agency, the proposal is within the Agency's duty to bargain under
 the Statute.  See National Federation of Federal Employees, Local 1167
 v. Federal Labor Relations Authority 681 F.2d 886, at 891 (D.C. Cir.
 1982), aff'g 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 574(1981).
 
    Accordingly, pursuant to section 2424.10 of the Authority's Rules and
 Regulations, IT IS ORDERED that the Agency shall upon request (or as
 otherwise agreed to by the parties) bargain concerning the disputed
 proposal.  /2/
 
    Issued, Washington, D.C., February 27, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ The Agency filed no statement of position as required by section
 2424.6 of the Authority's Rules and Regulations.
 
 
    /2/ In deciding that the disputed proposal is within the duty to
 bargain, the Authority makes no judgment as to its merits.