19:0494(64)NG - AFGE Local 2244 and Navy, Naval Air Station, Meridian, MS -- 1985 FLRAdec NG
[ v19 p494 ]
19:0494(64)NG
The decision of the Authority follows:
19 FLRA No. 64
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2244
Union
and
DEPARTMENT OF THE NAVY, NAVAL
AIR STATION, MERIDIAN, MISSISSIPPI
Agency
Case No. O-NG-1025
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:
Employees of Tenant Commands and/or employees other than those
in the bargaining unit will not be placed in the same competitive
area for reduction-in-force as UNIT employees.
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). The Union contends
that the proposal is consistent with governing regulations, set out at 5
CFR 351.402(b) (1984 Supp.), and is not an attempt to bargain over
conditions of employment of employees outside the bargaining unit as
employees of the Agency's tenant activities are not under the
administrative authority of the Agency, and, therefore, will not be
affected by any contract negotiated between the Union and the Agency.
In National Federation of Federal Employees, Local 1705 and General
Services Administration, 17 FLRA No. 123 (1985), petition for review
filed sub nom. National Federation of Federal Employees, Local 1705 v.
FLRA, No. 85-1399 (D.C. Cir. June 28, 1985), the Authority determined
that a proposal seeking to define a competitive area was outside the
duty to bargain because it concerned 