19:0161(14)NG - AFGE Local 12 and Labor -- 1985 FLRAdec NG
[ v19 p161 ]
The decision of the Authority follows:
19 FLRA No. 14 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 12 Union and DEPARTMENT OF LABOR Agency Case No. O-NG-1040 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 In meeting GSA mandated guidelines or making space changes as a result of such guidelines, there will be no change or reduction in the average or absolute space for bargaining unit employees in the Department of Labor. Upon careful consideration of the entire record, including the parties' contentions, the Authority makes the following determination. The proposal, on its face, would require the Agency to implement the General Services Administration (GSA) guidelines on space reduction in such a manner that the average or absolute space for the Agency's bargaining unit employees would not be changed or reduced. The Agency has refused to bargain over the disputed proposal, contending, without contravention, /1/ that the proposal is inconsistent with GSA Federal Property Management Regulation (FPMR), Temporary Regulation D-68, /2/ asserting that as the regulation is a Government-wide regulation, the proposal is outside the duty to bargain. In agreement with the Agency, the Authority finds that the disputed proposal herein is inconsistent with GSA's FPMR Temporary Regulation D-71, and, thus, is outside the duty to bargain under section 7117(a)(1) of the Statute. /3/ The cited regulation has the objective of an overall utilization rate for office space of 135 square feet or less per person and mandates that "(e)ach agency is responsible for establishing and implementing work space management plans and procedures. These plans must be consistent with the office utilization goals established by this regulation." The record establishes that the Agency's interim goal is to reduce its employees' office space to an average of 180 square feet per employee by the end of the 1984 Fiscal Year. The Union's proposal, which by its language precludes the Agency from changing or reducing the average space of its bargaining unit employees, would prevent the Agency from achieving both its interim space reduction goal and GSA's overall utilization rate objective and is clearly inconsistent with the GSA regulation on work space reduction. The Authority further concludes that the GSA regulation at issue herein is a Government-wide regulation. Federal Property Management Regulations are Government-wide regulations within the meaning of section 7117(a)(1) of the Statute because, pursuant to section 41 CFR Part 101-17 (1985), they apply to the Federal civilian work force as a whole. National Treasury Employees Union, Chapter 6 and Internal Revenue Service, New Orleans District, 3 FLRA 748, 751-55 (1980). Therefore, insofar as the Union's proposal herein is inconsistent with FPMR Temporary Regulation D-71, 50 Fed.Reg. 26,516 (1985), a Government-wide regulation, it is outside the duty to bargain under section 7117(a)(1) of the Statute. /4/ 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., July 16, 1985 Henry B. Frazier III, Acting Chairman William J. McGinnis, Jr., Member FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES$ --------------- /1/ The Union filed no reply to the Agency's Statement of Position. /2/ FPMR Temporary Regulation D-68, originally effective from March 8, 1983 until January 31, 1984, and extended until May 15, 1985, has been superceded by FPMR Temporary Regulation D-71, effective July 1, 1985 to June 30, 1987, unless sooner revised or superceded. 50 Fed.Reg. 26,516 (1985). /3/ Section 7117(a)(1) of the Statute provides as follows: Sec. 7117. Duty to bargain in good faith; compelling need; duty to consult (a)(1) Subject to paragraph (2) of this subsection, the duty to bargain in good faith shall, to the extent not inconsistent with any Federal law or any Government-wide rule or regulation, extend to matters which are the subject of any rule or regulation only if the rule or regulation is not a Government-wide rule or regulation. /4/ Since the Authority concludes that the disputed proposal is outside the duty to bargain under section 7117(a)(1), it is unnecessary to consider the Agency's additional contentions concerning the nonnegotiability of the proposal.