22:0695(76)NG - NFFE Local 1705 and GSA -- 1986 FLRAdec NG



[ v22 p695 ]
22:0695(76)NG
The decision of the Authority follows:


 22 FLRA No. 76
 
 NATIONAL FEDERATION OF FEDERAL 
 EMPLOYEES, LOCAL 1705
 Union
 
 and
 
 GENERAL SERVICES ADMINISTRATION
 Agency
 
                                            Case No. 0-NG-945 
                                                   17 FLRA 945
 
                       DECISION AND ORDER ON REMAND
 
                         I.  Statement of the Case
 
    This case is before the Authority pursuant to a remand from the
 United States Court of Appeals for the District of Columbia Circuit.
 The question involved is whether "competitive areas" within an agency
 for reduction-in-force (RIF) purposes are within the duty to bargain
 under the Federal Service Labor-Management Relations Statute (the
 Statute).
 
                              II.  Background
 
    In a previous decision in this case, National Federation of Federal
 Employees, Local 1705 and General Services Administration, 17 FLRA 945
 (1985), the Authority held that the following Union proposal defining a
 competitive area within the Agency for purposes of a RIF was outside the
 duty to bargain:
 
          The competitive area for bargaining unit employees shall
       consist of employees of FPRS, OIRM, GMA, and PBS located within
       the GSA Central Office organization, Metropolitan Washington, D.C.
       area.
 
    The Union's petition for review of that decision to the United States
 Court of Appeals for the District of Columbia Circuit was pending when
 the D.C. Circuit issued its decision in Local 32, American Federation of
 Government Employees v. FLRA, 774 F.2d 498 (D.C. Cir. 1985), remanding
 two related cases involving the same issue /*/ and directing the
 Authority to address and resolve what the court described as an apparent
 conflict between the Authority's finding in those cases and the
 Authority's findings in Association of Civilian Technicians,
 Pennsylvania State Council and Pennsylvania Army and Air National Guard,
 14 FLRA 38 (1984) (ACT) that a proposed competitive area was within the
 duty to bargain.  On December 3, 1985, pursuant to the Authority's
 unopposed request, the D.C. Circuit remanded the instant case for
 further consideration in light of the court's decision and the
 Authority's consideration of those cases on remand.  National Federation
 of Federal Employees, Local 1705 v. FLRA, No. 85-1399 (D.C. Cir. Dec. 3,
 1985).
 
                              III.  Analysis
 
    The proposal at issue here would establish a competitive area
 consisting of portions of four subordinate organizational elements
 within the Agency's Metropolitan Washington, D.C. Central Office, and
 would include both bargaining unit and nonbargaining unit employees
 within that proposed competitive area.
 
    In its Decision and Order on Remand in the