20:0686(79)NG - AFGE Local 2484 and Army, Fort Detrick, MD -- 1985 FLRAdec NG



[ v20 p686 ]
20:0686(79)NG
The decision of the Authority follows:


 20 FLRA No. 79
 
 AMERICAN FEDERATION OF 
 GOVERNMENT EMPLOYEES, 
 AFL-CIO, LOCAL 2484
 Union
 
 and
 
 DEPARTMENT OF THE ARMY, 
 FORT DETRICK, MARYLAND
 Agency
 
                                            Case No. 0-NG-1087
 
                 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 Union proposal.  /1/ Upon careful
 consideration of the entire record, including the parties' contentions,
 the Authority makes the following determinations.
 
                              Union Proposal
 
       Article 12, Section 4 a. The Employer reserves the right to
       schedule irregular tours of duty throughout the administrative
       workweek with hours of duty other than those specified for the
       basic workweek as established in Section 1 above.  The preference
       of the majority of employees, determined jointly by Employer and
       the Union, on irregular tours of duty in each individual section
       will be considered by the Employer.  In any case at least five (5)
       days advance notice will be given of any scheduled tour of duty
       change between rotating shifts.  b. Any alteration to an
       established irregular tour of duty listed in Section 3 will be
       made only after two weeks advance written notice and the Union
       will be consulted prior to the decision to make the change.  This
       does not preclude the Employer from taking whatever actions may be
       necessary to carry out the mission of the East Coast
       Telecommunications Center during situations of emergency.
 
    This proposal would essentially require the Agency to provide
 employees with advance notice of five days before changing scheduled
 rotating shifts and two weeks advance notice before altering an
 established irregular tour of duty.  In this regard, the disputed
 proposal herein is to the same effect as Union Provision 1 in American
 Federation of Government Employees, Local 1546 and Department of the
 Army, Sharpe Army Depot, Lathrop, California, 19 FLRA No. 118 (1985),
 which required two weeks advance notice of changes in tours of duty 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 Federat