18:0783(95)AR - HUD and AFGE Local 476 -- 1985 FLRAdec AR



[ v18 p783 ]
18:0783(95)AR
The decision of the Authority follows:


 18 FLRA No. 95
 
 DEPARTMENT OF HOUSING 
 AND URBAN DEVELOPMENT 
 Agency 
 
 and 
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, LOCAL 476, AFL-CIO 
 Union
 
                                            Case No. 0-AR-756
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the interest
 arbitration award of Arbitrator Louis Aronin filed by the Agency under
 section 7122(a) of the Federal Service Labor-Management Relations
 Statute and part 2425 of the Authority's Rules and Regulations.  /1/
 
    The dispute before the Arbitrator concerned, among other things, the
 negotiation impasse over the competitive area to be applied in a
 reduction-in-force (RIF) in the Agency's Office of Housing.  The
 parties' 1979 collective bargaining agreement had contained the
 following provision:  "Competitive areas shall be considered to be local
 commuting areas except that they shall not cross Regional boundaries nor
 shall they mix Headquarters employees with Regional employees." After
 the expiration of the agreement, the Agency maintained that by affecting
 positions and employees outside the bargaining unit, the competitive
 area provision related to a permissive subject of bargaining, and the
 Agency elected not to be bound by the provision.  Instead, the Agency
 established nine separate competitive areas.  /2/ Thereafter