15:0461(96)NG - AFGE and EPA -- 1984 FLRAdec NG



[ v15 p461 ]
15:0461(96)NG
The decision of the Authority follows:


 15 FLRA No. 96
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 Union
 
 and
 
 U.S. ENVIRONMENTAL PROTECTION 
 AGENCY
 Agency
 
                                            Case No. O-NG-539
 
                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 presents issues
 relating to the negotiability of two Union proposals.  /1/ Upon careful
 consideration of the entire record, including the parties' contentions,
 the Authority makes the following determinations.
 
                             Union Proposal 1
 
          We (the union) demand that bargaining (on ground rules) begin
       forthwith.
 
    With respect to this proposal, the Agency argues that the obligation
 to bargain is limited to conditions of employment affecting bargaining
 unit employees, and that since ground rules do not fall within this
 category, the bargaining obligation does not attach.  However, in
 agreement with the Union, the Authority concludes that ground rules do
 affect conditions of employment of bargaining unit employees.
 Consequently, they are within the Agency's obligation to bargain.  /2/
 In this regard, in Department of Defense Dependent Schools and Overseas
 Education Association, 14 FLRA No. 40 (1984)