14:0278(51)NG - AFGE Local 32 and OPM -- 1984 FLRAdec NG
[ v14 p278 ]
The decision of the Authority follows:
14 FLRA No. 51 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 32 Union and OFFICE OF PERSONNEL MANAGEMENT Agency Case No. O-NG-908 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 an issue relating to the negotiability of the following union proposal. Any grievance filed by the agency must be signed by the Director of OPM. Upon careful consideration of the entire record, including the parties' contentions, the Authority makes the following determination. The disputed proposal, by requiring that all grievances filed by the Agency must be signed by the Agency's director, prescribes a specific duty which the director would perform under certain circumstances. In this regard, the proposal is to the same effect as the Union's Proposal in National Federation of Federal Employees, Local 78 and Veterans Administration Regional Office, Indianapolis, Indiana, 9 FLRA 819 (1982), which prescribed specific duties which particular nonbargaining personnel in the agency would perform. The Authority therein, found the proposal outside the duty to bargain since it would directly interfere with management's right to assign work under section 7106(a)(2)(B) of the Statute by eliminating the discretion inherent in that right. /1/ Contrary to the Union's argument herein, the instant proposal would effectively preclude management from assigning the duty of signing grievances to other employees, thereby eliminating the discretion inherent in management's right to assign work. Hence, based on Veterans Administration Regional Office and the case cited therein, the proposal herein is likewise outside the duty to bargain. /2/ 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, dismissed. Issued, Washington, D.C., April 20, 1984 Barbara J. Mahone, Chairman Ronald W. Haughton, Member Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES$ --------------- /1/ Section 7106(a)(2)(B) provides 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, to make determinations with respect to contracting out, and to determine the personnel by which agency operations shall be conducted(.) /2/ Based on the decision herein, the Authority finds it unnecessary to address the Agency's additional argument as to the nonnegotiability of the proposal.