16:0361(57)NG - NAGE, SEIU and Air Force, Scott AFB, IL -- 1984 FLRAdec NG



[ v16 p361 ]
16:0361(57)NG
The decision of the Authority follows:


 16 FLRA No. 57
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, SEIU, AFL-CIO
 Union
 
 and
 
 DEPARTMENT OF THE AIR FORCE,
 SCOTT AIR FORCE BASE, ILLINOIS
 Agency
 
                                            Case No. O-NG-871
 
                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
 relating to 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
 
          Continue the practice of letting employees purchase items from
       the commissary during breaks and lunch periods.
 
                             Union Proposal 2
 
          Relative to unannounced inspections:  The employer agrees that
       it will only inspect the contents of any article when it has
       sufficient and reasonable grounds to suspect that the employee has
       stolen an item(s) and is attempting to transport it from the
       premises.  The Employer agrees that before such an inspection is
       made that the union President or designee will be notified and
       permitted to provide a representative to be present at the
       inspection on official time.  The employee will be given the
       opportunity to exercise any rights allowed by law and will be
       informed of those specific rights orally and in writing in a
       language understandable by the particular employee.  The Employer
       agrees that it will not conduct unannounced searches of employees.
        (Only the underlined portions of Union Proposal 2 are in
       dispute.)
 
    In agreement with the Agency, the Authority concludes that the two
 Union proposals herein interfere with the Agency's right pursuant to
 section 7106(a)(2)(1) of the Statute to determine its internal security
 practices.  In this regard, an agency's right to determine its internal
 security practices includes the right to determine policies and actions
 which are part of its plan to secure or safeguard its physical property
 against internal or external risks.  See 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) at 362, reversed as to other
 matters sub nom. Department of Justice v. FLRA, 709 F.2d 724 (D.C. Cir.
 1983).
 
    The record indicates that the first proposal pertains to employees of
 the Scott Air Forc