22:0731(83)NG - FUSE and Navy, Naval Underwater Systems Center -- 1986 FLRAdec NG
[ v22 p731 ]
The decision of the Authority follows:
22 FLRA No. 83 FEDERAL UNION OF SCIENTISTS AND ENGINEERS Union and DEPARTMENT OF NAVY, NAVAL UNDERWATER SYSTEMS CENTER Agency Case No. 0-NG-1238 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-Managenent Relations Statute (the Statute) and concerns the negotiability of a single Union proposal. II. Union Proposal In a reduction-in-force, part-time employees shall be subject to RIF first. III. Positions of the Parties The Union argues that the proposal is negotiable as either an "appropriate arrangement" under section 1706(b)(3) or "procedure" under section 7106(b)(2) of the Statute. The Agency contends that this proposal is nonnegotiable because: 1. It interferes with management's right to layoff employees under section 7106(a)(2)(A) of the Statute; 2. It interferes with management's right to determine the types of employees assigned to an organizational subdivision, work project or tour of duty, a permissive subject of bargaining under section 7106(b)(1) of the Statute concerning which the Agency has elected not to bargain; and 3. It excessively interferes with the exercise of management rights and, thus, is inappropriate as an "