14:0754(98)NG - AFGE Local 32 and OPM -- 1984 FLRAdec NG



[ v14 p754 ]
14:0754(98)NG
The decision of the Authority follows:


 14 FLRA No. 98
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 LOCAL 32, AFL-CIO
 Union
 
 and
 
 OFFICE OF PERSONNEL MANAGEMENT
 Agency
 
                                            Case No. O-NG-914
 
                 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 the following Union
 proposal:
 
          The Competitive Area shall be the Washington Metropolitan Area.
 
    Upon careful consideration of the entire record, including the
 parties' contentions, the Authority makes the following determination.
 The proposal seeks to define a competitive area within the Agency for
 purposes of reduction in force.  The Agency asserts, and the Union does
 not dispute, that the proposed competitive area would encompass
 non-bargaining unit employees in addition to bargaining unit employees.
 The Agency contends, based upon this fact, that it has no obligation to
 bargain over the proposal.
 
    It is well established that the duty to bargain does not extend to
 matters concerning positions and employees outside the bargaining unit.
 International Federation of Professional and Technical Engineers,
 AFL-CIO, NASA Headquarters Professional Association and National
 Aeronautics and Space Administration, Headquarters, Washington, D.C., 8
 FLRA 212 (1982) and cases cited therein at note 5.  However, an agency
 generally may bargain over such matters if it so chooses.  See, e.g.,
 American Federation of Government Employees, AFL-CIO, Local 2 and
 Department of the Army, Military District of Washington, 4 FLRA 450
 (1980).  Insofar as the proposal herein would directly determine
 conditions of employment of non-unit employees, it concerns matters
 beyond the representation rights of the Union and is not within the
 Agency's obligation to bargain.  Service Employees' International Union,
 AFL-CIO, Local 556 and Department of the Army, Office of the Adjutant
 General, Hale Koa Hotel, Honolulu, Hawaii, 9 FLRA 686 (1982).
 
    By way of contrast, the Authority has in two types of cases found
 that proposals seeking to define competitive areas were within the duty
 to bargain.  The circumstances involved in those cases, however, were
 materially distinguishable from those present in the instant case.
 Thus, in National Treasury Employees Union and Department of Health and
 Human Services, Region IV, 11 FLRA No. 53 (1983) (Union Proposal 1), the
 Authority held that a proposed competitive area was within the duty to
 bargain.  In so holding, the Authority c