19:1180(130)NG - AFSCME Local 2910 and Library of Congress -- 1985 FLRAdec NG



[ v19 p1180 ]
19:1180(130)NG
The decision of the Authority follows:


 19 FLRA No. 130
 
 AMERICAN FEDERATION OF STATE,
 COUNTY AND MUNICIPAL EMPLOYEES,
 AFL-CIO, LOCAL 2910
 Union
 
 and
 
 LIBRARY OF CONGRESS
 Agency
 
                                            Case No. O-NG-767
 
                DECISION AND ORDER ON NEGOTIABILITY ISSUES
 
    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 raises questions
 relating to the negotiability of two Union proposals.
 
    Upon careful consideration of the entire record, including the
 parties' contentions, the Authority makes the following determinations.
 The proposals in dispute arose in the context of negotiations regarding
 the relocation of employees of the Loan Reference Section of the Loan
 Division of the Agency.
 
                             Union Proposal 1
 
          4.  a) Employees shall be given their preference of seating
       assignments to the fullest extent feasible after having had ample
       opportunity to review an accurate floor plan.  Preference
       conflicts will be resolved in favor of the employee with greater
       Loan Division seniority.
 
          b) Staff preferences for subsequent seating reassignments will
       be honored to the extent practicable.
 
    The proposal would allow employees some choice with respect to
 seating in the new work area.  The Agency asserts that grouping
 employees by "primary function" facilitates supervision of the employees
 in that it would allow for a more efficient means of giving instruction,
 assigning work, making staff announcements and holding staff meetings,
 and allows for the location of reference materials near the "areas of
 primary use." Thus, the Agency contends that employee seating
 constitutes a methods and means of performing work within the meaning of
 section 7106(b)(1) of the Statute, and, inasmuch as the proposal would
 allow employees to choose seating without regard to their "primary
 function," it interferes with the Agency's ability to determine the
 methods and means of performing its work.
 
    According to the Agency, the Loan Reference Section is informally
 divided based on two "functional duties" which it performs, i.e.,
 Inter-library Loan and Congressional Loan.  Supervision of the Section
 consists of a Section Head and two supervisors, one for the
 Congressional Loan function and one for the Inter-library Loan function.
  Also according to the Agency, employees are assigned to one of the two
 areas as a "primary function," and employees are assigned to work under
 one of the supervisors of the separate functions.  The space into which
 the Loan Re