20:0803(98)NG - AFGE Local 1799 and Army, Aberdeen Proving Ground, MD -- 1985 FLRAdec NG



[ v20 p803 ]
20:0803(98)NG
The decision of the Authority follows:


 20 FLRA No. 98
 
 AMERICAN FEDERATION OF 
 GOVERNMENT EMPLOYEES, 
 LOCAL 1799
 Union
 
 and
 
 U.S. DEPARTMENT OF THE ARMY, 
 ABERDEEN PROVING GROUND, 
 MARYLAND
 Agency
 
                                            Case No. 0-NG-980
 
                 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 issues
 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 10, Section 9 If an employee is required to work
       unscheduled overtime after his normal 8-hour tour of duty and was
       not notified the previous day, transportation to his home will be
       provided by the Employer, if necessary.
 
    The Agency contends that the proposal is nonnegotiable because it is
 inconsistent with 31 U.S.C. 1344 /2/ (formerly 31 U.S.C. 638a(c)(2)
 /3/).  31 U.S.C. 1344 provides that an appropriation may be expended to
 maintain, operate and repair passenger motor vehicles or aircraft of the
 United States Government that are used only for an official purpose and
 that an official purpose with certain very limited exceptions does not
 include transporting officers or employees of the Government between
 their domiciles and places of employment.  The Authority in agreement
 with the Agency finds that the specific language of section 1344
 precludes the Agency by statute from providing transportation between an
 employee's place of employment and his domicile.  Moreover, as to the
 Union's contention that section 1344 itself provides for an exception to
 the prohibition of providing employees transportation from work to home
 when the transportation is approved by the head of the Agency, the
 Authority notes that the cited exception in section 1344(a)(2) pertains
 only to "officers or employees performing field work" and not to
 employees required to work unscheduled overtime.  /4/
 
    Finally, the Authority has previously determined that transportation
 of employees from a point between their homes and their workplaces would
 not be inconsistent with 31 U.S.C. 638a(c)(2) if (1) such transportation
 of employees were incident to use of the Government vehicle for official
 purposes as determined by the agency within its administrative
 discretion;  and (2) such transportation of employees were itself within
 the Government's interest as determined by the agency within its
 administrative discretion, subjec