16:0251(35)NG - AFGE, National Border Patrol Council and Justice, INS -- 1984 FLRAdec NG

 16 FLRA No. 35
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, NATIONAL BORDER
 PATROL COUNCIL
 Union
 
 and
 
 DEPARTMENT OF JUSTICE, IMMIGRATION
 AND NATURALIZATION SERVICE
 Agency
 
                                            Case No. O-NG-673
 
                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
 concerning the negotiability of two Union proposals.  Upon careful
 consideration of the entire record, including the parties' contentions,
 the Authority makes the following determinations.
 
                             Union Proposal 1
 
          Item 3.  To the maximum extent possible, no employee will be
       detailed to the Cuban/Haitian Refugee Program for an aggregate of
       more than seventy (70) calendar days in any one calendar year,
       unless the employee freely volunteers for a longer period.
 
    Union Proposal 1, effectively establishing limitations on the length
 of certain temporary assignments, is to the same effect as Union
 Proposal 13, in American Federation of Government Employees, AFL-CIO,
 National Immigration and Naturalization Service Council and U.S.
 Department of Justice, Immigration and Naturalization Service, 8 FLRA
 347 (1982), which the Authority found to violate the Agency's right to
 assign work pursuant to section 7106(a)(B) of the Statute.  In the cited
 case, the disputed proposal sought to limit travel away from normal duty
 stations to not more than 35 days unless the employee volunteered for a
 longer period.  It was found to be inconsistent with the management
 right "to assign work," i.e., the discretion to determine the particular
 employee to whom the work will be assigned and the discretion to
 dete