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