16:0807(111)NG - NFFE Local 108 and Agriculture, Farmers Home Administration -- 1984 FLRAdec NG



[ v16 p807 ]
16:0807(111)NG
The decision of the Authority follows:


 16 FLRA No. 111
 
 NATIONAL FEDERATION OF
 FEDERAL EMPLOYEES, LOCAL 108
 Union
 
 and
 
 U.S. DEPARTMENT OF AGRICULTURE,
 FARMERS HOME ADMINISTRATION
 Agency
 
                                            Case No. 0-NG-785
 
                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.  /1/ Upon careful
 consideration of the entire record, including the parties' contentions,
 the Authority makes the following determinations.
 
                             Union Proposal 1
 
    Article 25.3
 
          UNION REPRESENTATION & RETENTION REGISTER
 
          The Union will name a representative and an alternate to assist
       in formulation of the Retention Registers during the life of the
       RIF.  The representative's duty station will be within the
       commuting area of Little Rock.  In the event the alternate is
       outside the Little Rock area, the Employer agrees to pay travel
       and per diem only for that person.
 
          The named representatives will be temporarily relieved from
       their work assignments in order to assist in formulation of the
       Retention Registers.  The representatives' Performance Appraisal
       will not in any way be affected by the time spent working with the
       Employer.
 
          The representative and the Employer will formulate the
       Retention Registers to insure that error or omission will be
       corrected immediately.  (Only the underlined portions of the
       proposal are in dispute.)
 
    Union Proposal 1, in effect, would require Union participation in the
 formulation of the retention register.  The formulation of the retention
 register determines the relative standing of competing employees for
 reduction-in-force purposes.  /2/ In this respect, an employee's
 standing on the retention register determines which employees are to be
 retained when an agency must conduct a RIF, i.e., 5 CFR 351.
 
    In agreement with the Agency, the Authority concludes that the
 portions of Union Proposal 1 in dispute and addressed by the parties
 interfere with management's right to layoff employees under section
 7106(a)(2)(A) of the Statute.  /3/ The Authority has consistently held
 that the management rights enumerated in section 7106 include more than
 merely the right to decide to take the final actions specified.
 Instead, it also encompasses the right to take certain actions integral
 to the exercise of management's rights, such