15:0014(4)NG - NAGE Local R14-89 and Army, HQ, Army Air Defense Center and Fort Bliss, TX -- 1984 FLRAdec NG



[ v15 p14 ]
15:0014(4)NG
The decision of the Authority follows:


 15 FLRA No. 4
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCAL R14-89
 Union
 
 and
 
 DEPARTMENT OF THE ARMY, HEADQUARTERS,
 U.S. ARMY AIR DEFENSE CENTER AND
 FORT BLISS, TEXAS
 Agency
 
                                            Case No. O-NG-602
 
                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
 concerning the negotiability of three Union proposals.  /1/ Upon careful
 consideration of the entire record, including the parties' contentions,
 the Authority makes the following determinations.
 
                             Union Proposal 1
 
          Proposal 14:  Prior to accepting military pay records from WSMR
       (White Sands Missile Range) or any other agency/activity outside
       the Fort Bliss complex, employer will provide the union with
       evidence that the D&P (Determinations and Processing) unit is
       fully capable, without OT (overtime) or detailing additional
       employees, of assuming additional pay records.
 
    Union Proposal 1, in effect, would prevent management from accepting
 and assigning additional work to bargaining unit employees unless it can
 be established that such additional work can be accomplished without
 resort to overtime or to temporary augmentation of the unit workforce.
 In this respect, Union Proposal 1 is to the same effect as Union
 Proposal V in National Treasury Employees Union and Department of the
 Treasury, Internal Revenue Service, 6 FLRA 508 (1981) which precluded
 the assignment of additional cases to designated employees who had
 "unmanageable" workloads.  In finding that proposal inconsistent with
 the management right pursuant to section 7106(a)(2)(B) of the Statute
 "to assign work," the Authority noted that the proposal would, in
 certain circumstances, " . . . prevent the Agency from making case
 assignments to employees." Similarly, Union Proposal 1, herein, would
 impose a condition upon the assigning of work and is, therefore, for the
 reasons stated in Internal Revenue Service, not within the Agency's duty
 to bargain.
 
                             Union Proposal 2
 
          Proposal 15:  Employer and Union will mutually agree upon
       management indicators utilized to determine capability of the FAD
       (Finance and Accounting Division), Fort Bliss, to assume
       additional pay records.
 
    Union proposal 2, in effect, would permit the Union to participate in
 determining when additional work could be assig