20:0186(24)NG - NAGE, Locals R4-1, R4-97 and R4-103 and Navy, Naval Weapons Station, Yorktown, Virginia -- 1985 FLRAdec NG



[ v20 p186 ]
20:0186(24)NG
The decision of the Authority follows:


20 FLRA No. 24

NATIONAL ASSOCIATION OF GOVERNMENT 
EMPLOYEES, LOCALS R4-1, R4-97 and
R4-103 
Union 

and 

DEPARTMENT OF THE NAVY 
NAVAL WEAPONS STATION
YORKTOWN, VIRGINIA 
Agency

                                      Case No. 0-NG-1114

                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 the bargaining unit may elect to receive their pay
      by one of the following methods:

         1.  Electronic Funds Transfer

         2.  Mailed to a non work address, or

         3.  Hand delivery at the work site.

   Upon careful consideration of the entire record, including the
parties' contentions, /1/ the Authority makes the following
determinations.  The Union's proposal would require the Agency to
continue its current practice of providing bargaining unit employees
with the option of having their paychecks hand-delivered to their work
site.

   In this regard, the instant proposal is to the same effect as the
proposal found nonnegotiable in Federal Employees Metal Trades Council,
AFL-CIO and Department of the Navy, Mare Island Naval Shipyard, Vallejo,
California, 16 FLRA No. 88(1984), petition for review filed sub nom.
Federal Employees Metal Trades Council, AFL-CIO v. FLRA, No. 85-7039
(9th Cir. January 22, 1985).  /2/ In that case the Authority found that
as paycheck delivery determinations involved "methods and means of
performing work," a union proposal which would have required the agency
to maintain distribution of paychecks to the workplace for new employees
as well as current employees, interfered with the agency's right to
determine its methods and means of performing work under section
7106(b)(1) of the Statute and, thus, was negotiable only at the election
of the agency.  The Authority concludes, in agreement with the Agency,
that for the reasons stated and the cases cited in Mare Island Naval
Shipyard, the Union's proposal in this case also substantively restricts
the Agency's right to determine its methods and means of performing
work.  Inasmuch as the proposal would effectively place a substantive
restriction on the Agency's ability to determine its methods and means
of performing work it is not procedural in nature.  See American
Federation of Government Employees, AFL-CIO and Air Force Logistics
Command, Wright-Patterson Air Force Base, Ohio, 2 FLRA 603(1980),
enforced sub nom. Department of Defense v. Federal Labor Relations
Authority, 659 F.2d 1140, 1152 (D.C. Cir. 1981), cert. denied sub nom.
AFGE v. FLRA, 455 U.S. 945(1982).  Thus, contrary to the Union's
assertion, the proposal is not a negotia