19:1100(124)NG - AFGE Local 3342 and HHS, SSA -- 1985 FLRAdec NG



[ v19 p1100 ]
19:1100(124)NG
The decision of the Authority follows:


 19 FLRA No. 124
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 3342, AFL-CIO
 Union
 
 and
 
 DEPARTMENT OF HEALTH AND
 HUMAN SERVICES,
 SOCIAL SECURITY ADMINISTRATION
 Agency
 
                                            Case No. O-NG-1032
 
                 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 one Union proposal.  Upon careful
 consideration of the entire record, including the parties' contentions,
 the Authority makes the following determination.
 
                              Union Proposal
 
          It is the policy of the Jamestown, NY District Office to insure
       that employees receive the two breaks they are entitled to take
       during the day.
 
          There will be no set break schedule for any employee, in any
       position within the District Office.  (Only the underlined portion
       is in dispute.)
 
    The Union's proposal would prohibit the Army from instituting a set
 schedule for the two daily breaks that bargaining unit employees are
 entitled to take under the parties' collective bargaining agreement.
 The Agency contends the proposal is outside the duty to bargain in that
 it is contrary to managemen