21:0497(65)NG - Tidewater Virginia FEMTC and Navy, Navy Public Works Center, Norfolk, Virginia -- 1986 FLRAdec NG

[ v21 p497 ]
The decision of the Authority follows:

 21 FLRA No. 65
                                            Case No. 0-NG-1176
                         I.  Statement of the Case
    This case is before the Authority because of a negotiability appeal
 filed under section 7105(a)(2)(E) of the Federal Service
 Labor-Management Relations Statute (the Statute), and concerns the
 negotiability of the following Union proposal:  /1/
    Article 13, Section 6 (Shift Work)
          Unit employees working on a shift at the time of conversion to
       daylight savings time will have the option of using one hour of
       annual leave or working an additional hour as a method of
       maintaining their regular 8 hour shift.
                       II.  Positions of the Parties
    The Agency alleges the proposal is nonnegotiable because (1) it
 interferes with management's right to assign work under section
 7106(a)(2)(B) and (2) it interferes with management's elective right to
 determine the numbers, types and grades of employees assigned to a work
 project or tour of duty under section 7106(b)(1).
    The Union argues that the proposal is not contrary to law, rule or
 agency regulation.  The Union contends, without controversion, that the
 proposal would affect a maximum of five employees working on their
 regular shift when standard time changes to daylight savings time each
 year.  The Union's intent is to insure that those few employees would
 not lose an hour of pay due to this artificially created circumstance.
                              III.  Analysis
                         A.  Right to Assign Work
    In the present case, contrary to the Agency's contention, the
 proposal would not interfere with management's right to assign work by
 giving employees the option of working an additional hour.  That right
 set forth in section 7106(a)(2)(B) includes the right to determine (1)
 what particular duties will be assigned, (2) when work assignments will
 occur, and (3) to whom or to what position duties will be assigned.
 National Treasury Employees Union and Department of the Treasury, Bureau
 of the Public Debt, 3 FLRA 769, 775 (1980), aff'd sub nom. National
 Treasury Employees Union v. Federal Labor Relations Authority, 691 F.2d
 553 (D.C. Cir. 1982).  Prior to the change from standard to daylight
 savings time the Agency had already assigned work to these employees to
 be done during their normal shift.  There is no showing in the record to
 indicate that the proposal would interfere with that previous work
 assignment.  It would not interfere with management's right to assign
 particular duties, management's determination of when work assignments
 will occur or who will be assigned certain work.  Further, the Authority
 concludes that the proposal does not require the Agency to grant an
 employee annual leave where mission needs dictate otherwise.  See
 National Treasury Employees Union and Federal Deposit Insurance
 Corporation, 14 FLRA 179 (1984).  Therefore, contrary to the Agency's
 argument, the Authority finds that the proposal does not interfere with
 the Agency's right to assign work by granting employees the option of
 taking annual leave.
        B.  Elective Right to Determine Numbers, Types, and Grades
    The Agency argues that the proposal has the effect of allowing
 employees to decide that twice the number of employees management has
 determined necessary would be assigned to a tour of duty.  It alleges
 that this concerns the "numbers, types, and grades of employees or
 positions assigned to any organizational subdivision, work project, or
 tour of duty," which is a matter negotiable only at the election of the
    The Authority has consistently held that a proposal would be
 negotiable only at the e