22:0131(12)NG - NTEU and DOE -- 1986 FLRAdec NG
[ v22 p131 ]
22:0131(12)NG
The decision of the Authority follows:
22 FLRA No. 12
NATIONAL TREASURY EMPLOYEES
UNION
Union
and
DEPARTMENT OF ENERGY
Agency
Case No. 0-NG-956
DECISION AND ORDER ON NEGOTIABILITY ISSUE
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 underlined portion of the Union proposal.
/1/
Article 22, Reduction in Force, Part III(E) The employer will
prepare a report on each RIF, as soon as practicable, with the
following information:
(a) numbers and series of employees reassigned
(b) numbers and series of employees downgraded
(c) numbers and series of employees separated
(d) six months after a RIF, the numbers and series of employees
rehired by the Employer
(e) cost of the RIF, such as administrative costs, severance
pay, and pay retention.
II. Positions of the Parties
The Agency contends that the proposal is nonnegotiable because
information as to the administrative costs of a reduction-in-force (RIF)
does not concern the conditions of employment of unit employees. The
Union argues that such information is necessary to the performance of
its representational responsibilities and, thus, is directly related to
matters affecting unit employees' conditions of employment.
III. Analysis and Conclusion
The disputed portion of the proposal, as interpreted by the Union,
would require the Agency to provide the Union with information regarding
the costs of each reduction-in-force affecting unit employees,
particularly administrative costs such as severance pay. The Agency
contends that information on the costs of a RIF