17:0945(123)NG - NFFE Local 1705 and GSA -- 1985 FLRAdec NG



[ v17 p945 ]
17:0945(123)NG
The decision of the Authority follows:


 17 FLRA No. 123
 
 NATIONAL FEDERATION OF FEDERAL 
 EMPLOYEES, LOCAL 1705 
 Union 
 
 and
 
 GENERAL SERVICES ADMINISTRATION 
 Agency
 
                                            Case No. 0-NG-945
 
                 DECISION AND ORDER ON NEGOTIABILITY ISSUE
 
    The petition for review in this case comes before the Federal Labor
 Relations Authority (the Authority) pursuant to section 7105(a)(2)(E) of
 the Federal Service Labor-Management Relations Statute (the Statute),
 and presents an issue concerning the negotiability of the following
 Union proposal:
 
          The competitive area for bargaining unit employees shall
       consist of employees of FPRS, OIRM, GMA, and PBS located within
       the GSA Central Office organization, Metropolitan Washington, D.C.
       area.
 
    Upon careful consideration of the entire record, including the
 parties' contentions, the Authority makes the following determination.
 The instant proposal seeks to define a competitive area within the
 Agency for purposes of reduction-in-force (RIF).  Based on the record it
 appears that the four organizational elements designated in the
 proposal, namely FPRS, OIRM, GMA and PBS are subordinate portions of the
 Agency's metropolitan Washington, D.C. Central Office and are composed
 of both bargaining unit employees and nonbargaining unit employees.
 
    The Union claims that its proposal is not intended to require either
 the inclusion of nonbargaining unit employees in the proposed
 competitive area or the exclusion of nonbargaining unit employees from
 the proposed competitive area.  Instead, the Union argues that its
 proposal is intended only to place all bargaining unit employees in a
 single competitive area.
 
    However, contrary to the Union's position, governing RIF regulations
 set out at 5 CFR 351.402(b) (1984) /2/ require a competitive area to be
 defined "solely in terms of an agency's organizational unit(s) and
 geographical location, and must include all employees within the
 competitive area so defined." Notwithstanding the Union's intention only
 to place all bargaining unit employees in a single competitive area the
 proposal directly affects the working conditions of nonbargaining unit
 employees since the establishment of a competitive area must necessarily
 include nonbargaining unit employees within its boundaries.
 
    The Authority, in American Federation of Government Employees, Local
 32, AFL-CIO and Office of Personnel Management, 14 FLRA 754 (1984),
 appeal docketed, No. 84-1250 (D.C. Cir. June 15, 1984) has addressed the
 negotiability of a proposal dealing with competitive areas for RIF
 purposes where the record established that the proposed competitive area
 affected non-bargaining