20:0436(46)NG - AFGE Local 2955 and The Adjutant General, Iowa, Army and Air Force, NGB -- 1985 FLRAdec NG



[ v20 p436 ]
20:0436(46)NG
The decision of the Authority follows:


 20 FLRA No. 46
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, AFL-CIO, LOCAL 2955
 Union 
 
 and 
 
 THE ADJUTANT GENERAL, IOWA, 
 DEPARTMENTS OF THE ARMY AND THE AIR 
 FORCE, NATIONAL GUARD BUREAU 
 Agency
 
                                       Case No. 0-NG-1150
 
                 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
 concerning the negotiability of one provision of a negotiated agreement
 which was disapproved by the Agency head pursuant to section 7114(c) of
 the Statute.  /1/ Upon careful consideration of the entire record,
 including the parties' contentions, the Authority makes the following
 determinations.
 
                              Union Provision
 
          Article 11.  Hours of Work
 
          Section 1.  The Employer agrees to provide the following:
 
          a.  Assignments to tours of duty shall be scheduled at least
       seven (7) days in advance.
 
          Section 4.  Individual temporary changes in tours of duty
       scheduled shall be in compliance with applicable laws and
       regulations and posted in the work area no later than seven (7)
       days prior to the beginning of the workweek.  Notice of a change
       of the normal tour of duty shall contain the following:
 
          a.  New hours of the tour.
 
          b.  Reasons, including the circumstances for the change.
 
          c.  Signature of the authorizing official.
 
    In requiring the Agency to provide advance notice of seven days
 before changing employee work schedules, the disputed Provision herein
 is to the same effect as Union Provision 1 in American Federation of
 Government Employees, AFL-CIO, Local 1546 and Department of the Army,
 Sharpe Army Depot, Lathrop, California, 19 FLRA No. 118(1985), which
 also required the agency to provide advance notice (two weeks) before
 changing employee work schedules and which the Authority found to be
 inconsistent with 5 CFR 610.121, an applicable Government-wide
 regulation.  In that case the Authority, relying on its earlier decision
 in American Federation of Government Employees, AFL-CIO, Local 2484 and
 U.S. Army Garrison, Fort Detrick, Maryland, 17 FLRA No. 106(1985),
 petition for review filed sub nom.  American Federation of Government
 Employees, AFL-CIO, Local 2484 v. FLRA, No. 85-1405 (D.C. Cir. July 3,
 1985), found that the regulation obligated an agency head to revise an
 employee's administrative workweek to conform to the hours during which
 the employee will actuall