20:0170(20)NG - AFGE Local 1931 and Navy, Naval Weapons Station, Concord, CA -- 1985 FLRAdec NG
[ v20 p170 ]
The decision of the Authority follows:
20 FLRA No. 20 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1931 Union and DEPARTMENT OF THE NAVY, NAVAL WEAPONS STATION, CONCORD, CALIFORNIA Agency Case No. 0-NG-1098 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 raises an issue regarding the negotiability of the following Union proposal: Section 1: Employees arrested for driving under the influence of alcohol/drugs will continue to maintain their driving privileges until such time as they are convicted by a civilian court. Section 2: The Employer agrees that any suspension of driving privileges of employees suspected of drunk driving because of refusal to take a sobriety test will be in accordance with California State law. No disciplinary action will be taken that is greater than that administered by the courts. Upon careful consideration of the entire record, including the parties' contentions, the Authority makes the following determination. The disputed proposal in the instant case is to the same effect as the proposal which the Authority held to be nonnegotiable in Defense Logistics Council of American Federation of Government Employees Locals and Defense Logistics Agency, 20 FLRA No. 19(1985). The proposal in that case would have created restrictions on the agency's choice of preventive measures taken to guard against harm to its property and personnel, in particular, the decision as to the circumstances under which the privilege of driving on its premises should be suspended. The Authority found that the proposal interfered with the agency's right to determine its internal security practices and concluded that it was not within the agency's duty to bargain under section 7106(a)(1) of the Statute. In like manner, the instant proposal would restrict the Agency's right to determine policies and actions which are part of its plan to secure or safeguard its personnel and physical property. Therefore, based on Defense Logistics Agency, supra, and the precedent cited therein, the instant proposal is likewise outside the duty to bargain under section 7106(a)(1) of the Statute. 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. /1/ Issued, Washington, D.C., September 16, 1985 (s) HENRY B. FRAZIER III Henry B. Frazier III, Acting Chairman (s) WILLIAM J. MCGINNIS, JR. William J. McGinnis, Jr., Member FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES$ --------------- /1/ In so deciding, the Authority finds it unnecessary to consider the Agency's other contentions concerning the nonnegotiability of the proposal.