18:0040(6)NG - AFGE Local 900 and Army, Office of the Adjutant General, Army Reserve Components Personnel and Administrative Center, St. Louis, MO -- 1985 FLRAdec NG
[ v18 p40 ]
The decision of the Authority follows:
18 FLRA No. 6 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO LOCAL 900 Union and DEPARTMENT OF THE ARMY, OFFICE OF THE ADJUTANT GENERAL, U.S. ARMY RESERVE COMPONENTS PERSONNEL AND ADMINISTRATIVE CENTER, ST. LOUIS, MISSOURI Agency Case No. 0-NG-909 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 concerning the negotiability of a provision of a local agreement disapproved by the Agency head pursuant to section 7114(c) of the Statute. Upon careful consideration of the entire record, including the parties' contentions, the Authority makes the following determinations. /1/ Except in cases of emergency, tours of duty will be established or changed at least two (2) weeks in advance, and will continue for at least two (2) pay periods. Tours of duty shall be announced in writing and posted in the work area at least three (3) workdays prior to the beginning of the administrative workweek affected. The disputed provision in the instant case is to the same effect as Provision 1 in American Federation of Government Employees, AFL-CIO, Local 2484 and U.S. Army Garrison, Fort Detrick, Maryland, 17 FLRA No. 106 (1985) which also required two weeks advance notice of changes in tours of duty and which the Authority found to be inconsistent with an applicable Government-wide regulation. In the cited case the Authority determined that 5 CFR 610.121(b)(2) (1984) obligates an agency head to revise an employee's administrative workweek to comport with the hours during which the employee will actually be required to work "(w)hen the head of an agency knows in advance of an administrative workweek" that such revision is necessary. Thus, the Authority concluded that as the provision would prevent the Agency head from revising an employee's work schedule unless he or she became aware of the need to change work schedules not less than two weeks prior to the rescheduling, it was inconsistent with a Government-wide regulation and outside the duty to bargain. /2/ Therefore, based on U.S. Army Garrison, Fort Detrick, since in the instant provision would also, in certain circumstances, prevent the Agency from complying with a Government-wide regulation, it is likewise outside the duty to bargain pursuant to section 7117(a)(1) of the Statute. Accordingly, pursuant to section 2424.10 of the Authority's Rules and Regulations, IT IS ORDERED that the Union's petition for review be, and it hereby is, dismissed. Issued, Washington, D.C., May 14, 1985 Henry B. Frazier III, Acting Chairman William J. McGinnis, Jr., Member FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES$ --------------- /1/ The Union's petition for review originally contained six provisions. However, in its Reply Brief the Union withdrew its request for review as to five of these provisions. Accordingly, the five provisions are not considered further herein. The Union's contention that the collective bargaining agreement is binding on the parties as executed because the Agency head's disapproval was not served on the Union within 30 days from the date the agreement was executed cannot be sustained. The record indicates that the agreement was executed on August 4, 1983, and that the Agency head's disapproval was served on the Union, within the meaning of sections 2429.27(b) and (d) of the Authority's Rules and Regulations, (i.e., deposited in the mail by certified mail) on September 2, 1983, within 30 days from the date the agreement was executed. /2/ The Authority also found a second provision requiring one pay period advance notice of non-workday rotation schedule changes to be inconsistent with the same Government-wide regulation and outside the duty to bargain.