22:0731(83)NG - FUSE and Navy, Naval Underwater Systems Center -- 1986 FLRAdec NG



[ v22 p731 ]
22:0731(83)NG
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 "