16:0791(108)NG - NFFE Local 1827 and Defense Mapping Agency, Aerospace Center, St. Louis Air Force Station, MO -- 1984 FLRAdec NG



[ v16 p791 ]
16:0791(108)NG
The decision of the Authority follows:


 16 FLRA No. 108
 
 NATIONAL FEDERATION OF
 FEDERAL EMPLOYEES, LOCAL
 1827
 Union
 
 and
 
 DEFENSE MAPPING AGENCY,
 AEROSPACE CENTER, ST. LOUIS
 AIR FORCE STATION, MISSOURI
 Agency
 
                                            Case No. O-NG-747
 
                 DECISION AND ORDER ON NEGOTIABILITY ISSUE
 
    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 an issue
 relating to the negotiability of the following Union proposal:
 
          I understand, as an employee of the Defense Mapping Agency
       Aerospace Center, that I am obligated to comply with the
       provisions of the Espionage Act, Title 18, USC, as amended.  This
       is to certify that I have read the Act and understand the
       requirements imposed upon me by its provisions;  add signature and
       the date.
 
    Upon careful consideration of the entire record, including the
 parties' contentions, the Authority makes the following determination.
 
    The dispute herein arose as a result of negotiations involving the
 Agency's requirement that its employees sign a Secrecy Agreement in
 accordance with the Espionage Act, 18 U.S.C. 793 and 794.  The Union
 submitted its proposal as a substitute for the Agency's Secrecy
 Agreement, the text of which appears in the Appendix of this decision.
 The Agency refused to negotiate over the Union's proposal, contending
 that it is nonnegotiable since it conflicts with management's right
 under section 7106(a)(1) of the Statute to determine the internal
 security practices of the Agency.  The Agency argues that its Secretary
 Agreement relates to and is an integral part of its plan to prevent the
 unauthorized disclosure of defense information and to protect the
 national defense.  In agreement with the Agency, the Authority finds
 that the Union's proposal conflicts with management's right to determine
 its internal security practices pursuant to section 7106(a)(1) of the
 Statute.
 
    Section 7106(a)(1) of the Statute reserves to management the right to
 determine the internal security practices of the Agency.  This right
 extends to the establishment of rules to prevent unwarranted disclosure
 of privileged information.  /1/ In this connection, the Agency has
 stated that it has established an internal security plan to prevent the
 unauthorized disclosure of defense information and to protect the
 national defense.  The Secrecy Agreement embodies the Agency's
 determination of what constitutes necessary not