22:0998(100)NG - Columbia Power Trades Council and DOE, Bonneville Power Administration -- 1986 FLRAdec NG



[ v22 p998 ]
22:0998(100)NG
The decision of the Authority follows:


 22 FLRA No. 100
 
 COLUMBIA POWER TRADES COUNCIL
 Union
 
 and
 
 UNITED STATES DEPARTMENT OF 
 ENERGY, BONNEVILLE POWER 
 ADMINISTRATION
 Agency
 
                                            Case No. 0-NG-1031
 
                DECISION AND ORDER ON NEGOTIABILITY ISSUES
 
                         I.  Statement of the Case
 
    This case is before the Authority because of a negotiability appeal
 filed under section 7106(a)(2)(E) of the Federal Service
 Labor-Management Relations Statute (the Statute), and presents issues as
 to the negotiability of twenty-one provisions of a local agreement
 disapproved by the Agency head pursuant to section 7114(c) of the
 Statute.  /1/
 
                       II.  Positions of the Parties
 
    The fundamental dispute in this case concerns the interpretation of
 section 704 of the Civil Service Reform Act of 1978, Pub. L. No. 95-454,
 92 Stat. 1111, 1218, /2/ codified at 5 U.S.C. 5343 (Amendments) (1982
 ed.).  That section provides, in essence, that matters pertaining to
 terms and conditions of employment and pay and pay practices which were
 subject to bargaining by prevailing rate employees covered under section
 9(b) of Pub. L. No. 92-392, /3/ codified at 5 U.S.C. 5343 (Amendments,
 note) (1982 ed.), prior to August 19, 1972 shall continue to be subject
 to bargaining without regard to the provisions of chapter 71 (the
 Statute), subchapter IV of chapter 53 (prevailing wage rate systems),
 and subchapter V of chapter 55 (premium pay), of title 5 of the United
 States Code.  The parties agree that the units of exclusive recognition
 involved in this case are covered by section 704.  /4/ The Agency
 contends, however, that the Union's interpretation of section 704 to
 permit negotiation on the disputed provisions, which primarily concern
 employee work rules, is overly broad.
 
    The Agency contends, generally, that notwithstanding section 704 of
 the Civil Service Reform Act of 1978, the disputed provisions of the
 local parties' agreement are nonnegotiable because they directly
 interfere with management's rights under section 7106 of the Statute or
 are otherwise inconsistent with the Statute.  The Agency argues further
 that section 704 is intended only to preserve the right of affected
 employees to negotiate on pay related matters and does not authorize
 bargaining on terms and conditions of employment unrelated to pay and
 pay practices.  The Agency concludes that since the provisons at issue
 herein concern terms and co ditions of employment unrelated to pay
 matters, e.g., work rules, those provisions are not protected by section
 704.
 
    The Union, on the other hand, contends that section 704 requires the
 negotiation of matters, including pay and pay practices and other terms
 and conditions of employment, which had been subject to bargaining prior
 to August 19, 1972, notwithstanding the management rights provisions of
 the Statute.  The Union argues that section 704 exempts matters
 pertaining both to terms and conditions of employment and to pay and pay
 practices from otherwise applicable limitations on bargaining and, since
 the provisions in dispute concern conditions of employment subject to
 negotiation prior to August 19, 1972, they are protected by the
 exemption in section 704.  /5/
 
                       III.  Analysis and Conclusion
 
    The issues in this case concern whether section 704 of the Civil
 Service Reform Act of 1978 applies to conditions of employment other
 than pay and pay practicies, and, if so, whether it exempts those
 conditions of employment from the limitations on bargaining set forth in
 the management rights provisions of section 7106 of the Statute.  The
 Agency concedes that if section 704 applies to conditions of employment
 other than pay and pay practices and if it exempts those conditions of
 employment from the management rights provisions and other limitations
 on bargaining contained in the Statute, all but three of the disputed
 provisions herein are negotiable because those provisions, or
 substantially similar provisions, were contained in the parties'
 agreements prior to August 19, 1972.  As to the other three provisions,
 however, the issue is whether they concern matters which were subject to
 negotiation prior to August 19, 1972 within the meaning of section 704.
 
                      A.  The Language of Section 704
 
    In agreement with the Union, the Authority finds that both the
 language and structure of section 704 support the conclusion that under
 that provision, agencies must continue to negotiate on terms and
 conditions of employment, other than pay and pay practices, of
 prevailing rate employees where those terms and conditions of employment
 were subject to negotiation prior to August 19, 1972.  In particular,
 section 704(a) and section 704(b) respectively provide for the
 negotiation of "terms and conditions of employment and other employment
 benefits" and "pay and pay practices." Not only does section 704
 explicitly authorize negotiation on terms and conditions of employment,
 its requirements with respect to these matters are entirely separate
 from its requirement that pay and pay practices also be negotiated.  The
 Agency's contention that section 704 concerns only matters related to
 wages would make section 704(a) and 705(b) redundant and section 704(a)
 unnecessary.  /6/ This distinction by Congress between "terms and
 conditions of employment" and "pay and pay practices" leads to the
 conclusion that section 704 provides for the negotiation of matters
 other than pay related matters.
 
                B.  The Legislative History of Section 704
 
    Not only does the language of Section 704 demonstrate that terms and
 conditions of employment unrelated to pay matters are preserved thereby
 for negotiation;  the legislative history of section 704 further
 reinforces our conclusion.  Section 704 was introduced in the House of
 Representatives as a part of the House Committee bill (H.R. 11280).  /7/
 The House Committee Report accompanying the bill specifically states
 that the provision is intended to "preserve the existing right of
 certain Federal prevailing rate employees to negotiate terms and
 conditions of employment" and to "preserve unchanged the scope and
 substance of the existing collective bargaining relationship. . . ." /8/
 
    During the debate in the House on the labor relations provisions of
 H.R. 11280, Congressman Ford of Michigan, who had introduced section
 704, not only affirmed that it was intended to preserve the existing
 scope of bargaining for specific groups of prevailing rate employees,
 but also specifically stated that the purpose of the provision was to
 overrule two Comptroller General decisions.  /9/ In those decisions, the
 Comptroller General held that while section 9(b) exempted certain
 bargaining agreements from the other provisions of the prevailing rate
 statute, it did not exempt those agreements from other applicable laws
 and regulations such as those pertaining to overtime compensation.  In
 addressing the legislative history of section 704, the Agency appears to
 base its interpretation of section 704 on the fact that these decisions,
 which, according to Congressman Ford, section 704 was designed to
 overrule, concern pay matters.  The Agency reads this part of the
 legislative history too narrowly.
 
    In the first place, Congressman Ford's statement makes it clear that
 section 704 is intended to preserve the existing scope of bargaining for
 employees covered by section 9(b) not only as to other laws pertaining
 to pay matters but also as to limitations in the Statute pertaining to
 the negotiation of terms and conditions of employment, including "wages,
 pay practices, and other practices" (emphasis added), unrelated to pay.
 Thus, Congressman Ford speaks more generally of preserving the right of
 those employees to negotiate terms and conditions of employment in
 accordance with the "prevailing practice principle," rather than tying
 such negotiations to the specifically wage-related "prevailing rate
 principle." Congressman Ford further states that the purpose of section
 704 is to insure that qualified craft employees of the Federal
 Government "enjoy comparable terms and conditions of employment" to
 employees in the same crafts in the private sector, so that such
 employees are not lost to Federal service.  /10/
 
    Moreover, the Agency's narrow interpretation of section 704 is
 contradicted by the subsequent history of the legislation.  The
 Conference Committee Report reaffirms that section 704 is intended, as
 stated by Congressman Ford, to overturn the aforementioned Comptroller
 General decisions.  But the report goes on to state that section 704 is
 "also" intended to provide specific statutory authority for the
 negotiation of "wages, terms and conditions of employment and other
 employment benefits." /11/ (Emphasis added.) Consistent with the
 structure of section 704, as discussed above, the Report addresses
 separately the right preserved in section 704 to negotiate on terms and
 conditions of employment and the right to negotiate on pay matters.
 Contrary to the Agency, therefore, the legislative history of section
 704 demonstrates that that provision is intended to authorize
 negotiation not only on pay and pay practices, but also on other terms
 and conditions of employment unrelated to pay matters.
 
         C.  The Language and Legislative History of Section 9(b)
 
    Section 9(b) of Pub. L. No. 92-392 does not support the claim that
 section 704 relates only to pay matters.  Although section 9(b) was
 enacted as part of the statutory provisions governing the establishment
 of wage rates for prevailing rate employees, the terms of section 9(b)
 concern general terms and conditions of employment as well.  Section
 9(b)(1) provides, essentially, that the provisions of Pub. L. No. 92-392
 establishing the prevailing rate system shall not be interpreted in any
 way to nullify or otherwise affect the provisions of existing negotiated
 agreements relating to wages, terms and conditions of employment, and
 other employment benefits of certain specified groups of prevailing rate
 employees.  Here also Congress provided separately for the negotiation
 of pay matters and of terms and conditions of employment unrelated to
 pay.  Thus, even though the statutory provisions of which section 9(b)
 is a part pertain to pay-setting for prevailing rate employees, section
 9(b) is clearly intended to preserve for negotiation all matters
 previously negotiated by those employees, not just matters pertaining to
 wages.
 
    This conclusion is confirmed by the legislative history of section
 9(b).  The House Committee Report, for example, states as follows:  /12/
 
          The provisions of section 9(b) are directed at those groups of
       Federal employees whose wages and other terms or benefits of
       employment are fixed in accordance with contracts resulting from
       negotiations between their agencies and employee organizations. .
       . .  It is not this committee's intent to affect, in any way, the
       status of such contracts or to impair the authority of the parties
       concerned to renegotiate existing contracts or enter into new
       agreements.  (Emphasis added.)
 
    Section 9(b) of Pub. L. No. 92-392 is intended to preserve the whole
 range of matters subject to negotiation by certain prevailing rate
 employees in existing bargaining relationships, not just that portion
 which pertains to pay and pay practices.  Section 704 continues this
 policy.
 
             D.  Congressional Intent in Enacting the Statute
 
    The Agency also argues that the Union's interpretation of section 704
 to require bargaining on matters pertaining to the exercise of
 management rights is inconsistent with Congress' intent, in enacting the
 Statute, to protect those rights.  In support of this argument, the
 Agency refers to statements in the legislative history of the Statute
 which describe the management rights set forth in section 7106 as
 "essential." /13/ Such generalized discussion of management rights,
 however, is not sufficient to override the specific terms of section
 704(a) as confirmed by the pertinent legislative history.  Section
 704(a) provides that agencies are required to bargain on terms and
 conditions of employment contained in collective bargaining agreements
 prior to August 19, 1972 without regard to chapter 71 of title 5 (the
 Statute), to the extent that the provisions of chapter 71 are
 inconsistent with section 704.  /14/ The plain meaning of that
 subsection is that it exempts provisions of specified collective
 bargaining agreements from the limitations on the scope of bargaining
 set forth in the Statute, including the management rights provisions of
 section 7106.  /15/ The House Committee Report confirms this
 interpretation, stating:  "The subsection excludes these employees from
 the restrictions on the scope of collective bargaining under chapter 71.
 . . ." /16/ The Conference Committee Report states that the subsection
 is not to be construed, among other things, to "nullify" the right of
 any party to bargain on "benefits" previously negotiated.  /17/ Yet that
 is precisely what the Agency's interpretation of section 704 would do --
 nullify long-standing provisions of the parties' collective bargaining
 agreement based upon a purported conflict with management rights under
 section 7106.  The Agency's interpretation, therefore, is contrary to
 the plain terms and legislative history of section 704(a).
 
                              E.  Conclusion
 
    In sum, contrary to the Agency's contentions, as to matters subject
 to bargaining by prevailing rate employees prior to August 19, 1972,
 section 704 of the Civil Service Reform Act of 1978 provides for the
 negotiation of terms and conditions of employment unrelated to pay and
 pay practices of employees subject to its provisions, such as the work
 rules and other provisions at issue in this case, notwithstanding the
 management rights provisions of the Statute.  With certain exceptions
 discussed below, the Agency concedes that the provisions pertaining to
 terms and conditions of employment of unit employees at issue herein
 were subject to negotiations between the parties prior to August 19,
 1972.  We hold, therefore, that the Agency is required to negotiate on
 those provisions, notwithstanding their possible conflict with
 management rights under section 7106 of the Statute.  /18/ See The
 Columbia Basin Trades Council, Grand Coulee, Washington and The Grand
 Coulee Project Office, Bureau of Reclamation, U.S. Department of the
 Interior, Grand Coulee, Washington, 20 FLRA No. 40 (1985).
 
        IV.  Analysis and Conclusion With Respect to the Remaining
 
                Issues
 
    The Agency contends that three of the disputed provisions are not
 protected by section 704 because they concern matters which were not
 contained in any of the parties' collective bargaining agreements prior
 to August 19, 1972.  /19/ However, the record indicates that the
 provisions remaining in dispute involve subject matters which had
 previously been negotiated by the parties.  While the provisions
 themselves had not been included in previous agreements, they constitute
 changes in previously negotiated provisions rather than the introduction
 of entirely new subject matter.  /20/ That is, as to Provision 1, the
 Agency contends that the provision constitutes a substantial change in
 the role of the Union on the joint labor-management apprenticeship
 committees and in the authority of those committees.  See Agency
 Statement of Position at 15-22.  As to Provision 2, the Agency contends
 that the grievance procedure in effect prior to August 19, 1972 did not
 prohibit management from invoking arbitration.  In addition, the Agency
 contends that Provision 2 violates section 7121(b)(3)(C) of the Statute
 which requires negotiated grievance procedures under the Statute to
 provide that either the agency or the exclusive representative may
 invoke arbitration.  See Agency Statement of Position at 23-24.  This is
 the only provision alleged by the Agency to be nonnegotiable under the
 Statute on a ground other than management rights under section 7106.
 However, as discussed above, section 704 protects the right of the
 parties to negotiate on matters without regard to limitations on the
 scope of bargaining established by the Statute, which would include
 section 7121.  As to Provision 13, the Agency contends that the parties'
 prior agreements contained no restrictions on how much work could be
 assigned, or at what times it could be assigned, to heavy truck drivers.
  See Agency Statement of Position at 49-54.
 
    Thus, the issue is whether section 704 permits the negotiation of
 changes in previously negotiated subject matter without sacrificing the
 protection which that section affords.  For the following reasons, we
 conclude that the three provisions are negotiable.
 
    Section 704 provides that matters subject to negotiation by certain
 prevailing rate employees prior to August 19, 1972, shall be negotiated
 after the enactment of the Civil Service Reform Act of 1978 "in
 accordance with the provisions of section 9(b) of Pub. L. No. 92-392."
 Section 9(b) of Pub. L. No. 92-392, see Appendix B at 1, provides, in
 essence, for parties covered by that section to negotiate, after the
 enactment of Pub. L. No. 92-392, for the "modification, or improvement"
 of provisions of agreements entered into prior to the enactment of that
 law.  Parties covered by section 9(b) are not confined merely to the
 continuation of the terms of previously existing agreements but could,
 in a new agreement, change those terms or alter the rights of the
 respective parties concerning the matters involved.  The legislative
 history of section 9(b) not only confirms this interpretation, but
 suggests, further, that that provision permits the inclusion of "new
 terms" -- presumably items not in previous agreements -- in any
 renegotiated agreement.  /21/ Moreover, the legislative history of
 section 704 indicates that it was intended to continue the policy
 established by section 9(b):  "(Section 704) may not be construed to
 nullify, curtail, or otherwise impair the right or duty of any party to
 negotiate for the renewal, extension, modification, or improvements of
 benefits negotiated." /22/ By the use of terms such as "modify" and
 "improve," it is clear that Congress did not intend to preclude parties
 from negotiating changes in the provisions of previous agreements or to
 prevent them from adding to or increasing the rights already negotiated.
 
    Therefore, to the extent discussed above, section 704 and section
 9(b) require an agency to continue to negotiate on subject matters which
 were included in agreements to which it was a party prior to August 19,
 1972.  The record indicates that the three provisions in dispute concern
 subject matters included in the parties' agreements prior to August 19,
 1972:  joint labor-management apprenticeship committees, arbitration,
 work rules for heavy truck drivers.  /23/ Since section 704 permits
 bargaining on modifications and improvements of matters about which the
 parties had negotiated prior to August 19, 1972, without regard to
 limitations imposed by the Statute, negotiation of provisions which, for
 example, would be more restrictive of management's rights than previous
 agreements, is protected by section 704.  Therefore, negotiation of such
 restrictions on management's rights is not an expansion of the scope of
 bargaining which is inconsistent with section 704, as the Agency
 contends, since it does not involve an entirely new subject matter which
 had not been negotiated by the parties prior to August 19, 1972.
 Rather, it constitutes a permissible "modification or improvement" in
 employee "benefits" which is within the scope of bargaining protected by
 section 704.
 
    In each instance herein, the disputed provisions merely add to or
 otherwise modify already existing limits on management action.  For
 example, Provision 1 increases the authority of the joint
 labor-management apprenticeship committees over aspects of the
 apprenticeship program beyond the limits on the role of those committees
 set forth in previous agreements.  Provision 2 substitutes the Union for
 the agrieved employee as the party which may invoke arbitration;  but in
 precluding the Agency from invoking arbitration, it represents no change
 from prior agreements.  Provision 13 merely adds new restrictions to the
 already existing limitations on the assignment of work to heavy truck
 drivers which were set forth in the work rules governing those
 employees.  As changes or modifications of the rights of the Union and
 of employees, or of the restrictions on management action, which had
 been negotiated by the parties prior to August 19, 1972, Provisions 1,
 2, and 13 are protected by section 704 of the Civil Service Reform Act
 of 1978 from the limitations on bargaining set forth in the Statute and
 are within the duty to bargain.
 
                                 V.  Order
 
    Accordingly, pursuant to section 2424.10 of the Authority's Rules and
 Regulations, IT IS ORDERED that the Agency rescind its disapproval of
 the disputed provisions herein.  /24/
 
    Issued, Washington, D.C., July 31, 1986.
                                       /s/ JERRY L. CALHOUN
                                       Jerry L. Calhoun, Chairman
                                       /s/ HENRY B. FRAZIER III
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
                ---------------  FOOTNOTES$ ---------------
 
 
 
    (1) The disputed provisions in the instant case are set forth in
 Appendix A attached to this decision.
 
    (2) For the text of section 704 of the Civil Service Reform Act of
 1978, see Appendix B at 1, attached to this decision.
 
    (3) For the text of section 9(b) of Pub. L. No. 92-392, see Appendix
 B at 1, attached to this decision.
 
    (4) Union Response to Agency Statement of Position at 1.  The Agency
 concedes that if its position with regard to section 704 is incorrect,
 certain disputed provisions (all but three) are negotiable.  Agency
 Statement of Position at 2.
 
    (5) There is no dispute that the provisions at issue herein concern
 "conditions of employment" within the meaning of section 704 of the
 Civil Service Reform Act of 1978 and section 7013(a)(14) of the Statute.
  Upon Response to Agency Statement of Position at 9.  Agency Statement
 of Position at 2.
 
    (6) Union Response to Agency Statement of Position at 2, 8-10.  Even
 if section 704(a) were interpreted to mean "terms and conditions of
 employment related to pay," the redundancy would not disappear, since
 whatever matters would be included in the phrase would be
 indistinguishable from "pay practices" under section 704(b).
 
    (7) As set forth in the House Committee bill, the section which is
 currently section 704 was denominated section 704(c).  As set forth in
 the bill passed by the House (the "Udall substitute") section 704 was
 denominated section 704(d).  Between the issuance of the House-Senate
 Conference Report and the passage of the bill by Congress, the other
 provisions of section 704 had been stripped from the section and what
 had been section 704(d) became section 704.
 
    (8) For the relevant text of the House Report, See Appendix B at 2,
 attached to this decision.
 
    (9) Comptroller General Decision B-189782 (Feb. 3, 1978), published
 at 57 Comp. Gen. 259 (1978);  Comptroller General Decision B-191520
 (June 6, 1978).  For the text of Congressman Ford's Statement, see
 Appendix B at 2-3, attached to this decision.
 
    (10) Id.  In this regard, see Appendix B at 2-3, the Conference
 Committee Report, at 159, Legislative History at 827, wherein it is
 stated:
 
          This section also provides specific statutory authorization for
       the negotiation of wages, terms and conditions of employment and
       other employment benefits traditionally negotiated by these
       employees in accordance with prevailing practices in the private
       sector of the economy.  (Emphasis added.)
 
    See also section 704(a), set forth in Appendix B at 1, which
 specifically provides for the continued negotiation of matters "which
 were the subject of negotiation in accordance with prevailing rates and
 practices prior to August 19, 1972. . . ." (Emphasis added.)
 
    (11) For the relevant text of the Conference Committee Report, See
 Appendix B at 3-4 attached to this decision.
 
    (12) H.R. Rep. No. 339, 92d Cong., 1st Sess. 22 (1971).  The Senate
 Committee Report, S. Rep. No. 791, 92d Cong., 1st Sess. (1972),
 reprinted in 1972 U.S. Code Cong. and Ad. News 2980, 2985, states that
 section 9(b) "is a savings clause to prevent disruption or modification
 of existing wage board bargaining agreements now in effect." The plain
 language of this statement indicates that Congress intended to preserve
 bargaining on all provisions of existing wage board agreements, not just
 those pertaining to wages.  The Conference Committee Report, H.R. Rep.
 No. 1275, 92d Cong., 2nd Sess. (1972), reprinted in 1972 U.S. Code Cong.
 and Ad. News 2994, 2997, is silent on section 9(b).
 
    (13) For example, H.R. Rep. No. 1403, 95th Cong., 2d Sess. 43-44
 (1978), Legislative History at 689-90.  See Agency Statement of Position
 at 7-10.
 
    (14) See Appendix B at 1, attached to this decision.
 
    (15) Compare Columbia Power Trades Council v. United States
 Department of Energy, 691 F.2d 325 (9th Cir. 1982) (section 704 does not
 exempt union from coverage of Statute and jurisdiction of Authority but
 preserves scope of bargaining).
 
    (16) See Appendix B at 2, attached to this decision.
 
    (17) See Appendix B at 2, attached to this decision.
 
    (18) The Agency concedes that eighteen of the disputed provisions
 were included in the parties' agreements prior to August 19, 1972:
 Provisions 3-12, 14-21.  See Agency Statement of Position at 27, 30-31,
 32, 35, 38, 39-40, 41, 45, 46, 49, 53, 56, 58, 59, 61, 65, 66, 68-69,
 and 70.  The instant case is distinguishable from International
 Brotherhood of Electrical Workers, Local 640 and U.S. Department of the
 Interior, Bureau of Reclamation, 18 FLRA No. 102 (1985).  In that case,
 the Authority held that section 9(b) and section 704 do not authorize
 negotiation on matters inconsistent with law where such law is not
 specifically referenced in section 9(b) or section 704.  In this case,
 we hold that matters inconsistent with management rights are negotiable
 because those rights are specifically referenced in section 704.
 
    (19) The disputed provisions, as set forth in Appendix A attached to
 this decision, are Provision 1 at pages 1-2 of the Appendix, Provision 2
 at page 2 of the Appendix, and Provision 13 at pages 12-14 of the
 Appendix.
 
    (20) For reference to the provisions of the parties' agreements prior
 to 1972 which relate to the subject matter of Provisions 1, 2, and 13 in
 this case, see Appendix B at 4, attached to this decision.
 
    (21) For the relevant text of the House Report, see Appendix B at 5,
 attached to this decision.
 
    (22) See Conference Committee Report, Appendix B at 3-4, attached to
 this decision.
 
    (23) In deciding that the subject matters of the disputed provisions
 are protected by section 704 because those matters were contained in the
 parties' agreement prior to August 19, 1972, it is unnecessary to reach
 the Union's additional argument that in order for a matter to be covered
 by section 704 it is enough that it was included in an agreement of any
 of the parties subject to section 9(b) prior to August 19, 1972, not
 just in an agreement of the particular parties involved in a given
 dispute.  See Union Response to Agency Statement of Position at 34-36;
 Agency Statement of Position at 11-12.
 
    (24) In finding the disputed provisions to be negotiable, the
 Authority makes no judgment as to the merits of those provisions.
 
 
                                APPENDIX A
 
    Provisions At Issue In The Instant Case:
 
                                Provision 1
 
          11.  APPRENTICESHIP
 
          11.01 An appropriate system of apprenticeship shall be
       established and maintained for employees covered by this
       Agreement.
 
          11.02 The minimum standards for apprenticeship shall conform to
       the standards of and shall be approved by the Bureau of
       Apprenticeship, U.S. Department of Labor, prior to adoption.
 
          11.03 A Central Joint Council on Apprenticeship consisting of
       three representatives appointed by the Administrator, and three
       representatives designated by the Council shall be maintained.
       The Administration's Supervisor of Apprentice Training will be an
       ex-officio member.
 
          11.04 The powers and functions of the Central Joint Council on
       Apprenticeship shall be as follows:
 
          (1) To select a chairperson, establish its own rules of
       procedure, and determine the time and place of its meetings;
 
          (2) to prepare and revise as deemed advisable the Standards of
       Apprenticeship to be recommended to the Bureau of Apprenticeship,
       U.S. Department of Labor;
 
          (3) to direct and to review and approve the work of the various
       craft committees (see paragraph 11.05);
 
          (4) to monitor the progress and effectiveness of the
       apprenticeship program and take action, through the Craft
       Committees, to improve program effectiveness.
 
          11.05 For each craft in which apprentices are to be trained,
       there shall be established a craft committee consisting of two
       members of the Administration's supervisory staff and two members
       representing labor.  When the appropriate labor representative
       cannot attend an apprentice examination, one journeyman from the
       location at which the examination is being held can be designated
       to attend on official time for the time spent in the examination.
       The Administration's supervisor of Apprentice Training shall be an
       ex-officio member of each such committee.
 
          11.06 The powers and functions of the craft committees are as
       follows:
 
          (1) To prepare and recommend to the Central Joint Council craft
       apprenticeship standards that include a program of work
       experience, a program of related training, and the maximum ratio
       of apprentices to journeyman;
 
          (2) To select a chairperson who will be a BPA Management
       official;
 
          (3) To evaluate and select candidates for the craft apprentice
       program;
 
          (4) To conduct periodic examination of apprentices;
 
          (5) To advance apprentices, if appropriate;  and
 
          (6) To terminate apprentices from the craft apprenticeship
       program if appropriate.  (Only the underlined portion of the
       provision is in dispute)
 
                                Provision 2
 
          12.  GRIEVANCE PROCEDURE
 
          12.09 The expenses of arbitration, including the compensation
       and expenses of any outside arbitrator, shall be borne equally by
       the Administration and the Council.  Only the Council or an
       affiliated union may take an issue to arbitration.
 
                                Provision 3
 
          16.  SPECIAL LEAVE FOR UNION ASSIGNMENTS
 
          16.01 Unions affiliated with the Council may request leave of
       absence for Administration employees for the purpose of accepting
       assignments with the union.  Such employees, if they have worked
       at least one year for the Administration, may be granted leave
       without pay for a period not to exceed one year.  Subject to DOE
       regulations on leave without pay provisions, they may be granted
       an additional year of leave without pay.  If at the end of that
       period they wish to remain with the union, they will resign their
       Federal employment with the understanding that when they wish to
       return to the Administration, they will be reemployed subject to
       the following conditions:
 
          (1) Evidence of satisfactory physical and mental
       qualifications.
 
          (2) The individuals must have acquired career or
       career-conditional status, and have served the time requirements
       outlined in FPM 315, 4-5.
 
          (3) The individual must notify the Administration of a desire
       for reemployment within 30 days after the termination of the union
       assignment.  Subsequent to receiving this notification and subject
       to other conditions listed here, the individual will be offered
       the first vacancy to occur in the branch of the trade at the grade
       left or below.  The individual will not be obligated to accept a
       position below the grade formerly held but upon accepting any
       employment with the Administration or upon declining to accept a
       position equal in grade to the one left all obligations under this
       plan would be terminated.
 
          (4) There is no qualified priority placement person required by
       law who wants the vacant position.
 
          After being reemployed, such individual will not be granted
       further leave without pay for a union assignment until having been
       reemployed for a period of at least equal to that of the preceding
       union assignment, or 2 years whichever is less.
 
                                Provision 4
 
          17.  JURISDICTIONAL BOUNDARIES AND DISPUTES
 
          17.01 The determination of jurisdiction boundaries between and
       among the various unions affiliated with the Council shall be the
       sole and exclusive responsibility of the national and
       international unions representing employees of the Administration.
        Where such jurisdictional agreements or awards affect the
       assignment of work by the Administration, the Council shall so
       notify the Administration.
 
          17.02 The Administration shall assign work in conformance with
       such traditional jurisdictions, agreements or awards in a manner
       consistent with its responsibility to meet operating and
       construction requirements and to accomplish the duties and
       responsibilities assigned to it.
 
          17.03 Where work boundaries for the unions affiliated with the
       Council have been established through custom, practice or
       tradition or by agreements between unions or by decisions of
       jurisdictional award bodies which are on record with the
       Administration, the employee represented by each union shall
       normally perform the work within the established boundary.
       However, in emergencies unusual circumstances, or in the absence
       of jurisdictional agreements, awards or understandings, the
       Administration retains the right to assign work, until an
       agreement is reached between the unions, or an award is rendered.
       Thereafter, and as soon as possible, the Administration shall
       alter its assignments and schedules to conform to such agreement
       or award.
 
                                Provision 5
 
          18.  WORK OUTSIDE OF CLASSIFICATION
 
          18.01 Employees shall not be required to perform work outside
       their classification, except in cases of extreme emergencies;  in
       such a case the employees affected shall be under the direct
       supervision of a foreman or other regular worker regularly
       performing this work.
 
          18.02 Employees classified as helpers will in no event be used
       to replace journeymen.
 
                                Provision 6
 
                       SUPPLEMENTARY AGREEMENT NO. 2
 
             WORKING RULES FOR ELECTRICAL WORKER CRAFT SERIES
 
          2-1.  GENERAL
 
          2-1.04 In subsequent paragraphs of these working rules which
       define the work of journeymen, it shall be understood that
       apprentices and trainees may perform such work for training
       purposes subject to the ratio limits established by Apprenticeship
       Standards and provided that only grade V and VI line apprentices
       shall be permitted to work on poles or structures performing hot
       line work.
 
          2-1.05 Foremen at all levels (I, II, and III) shall have
       journeyman qualifications in the branch of the trade in which they
       are employed.
 
          2-1.06 Journeymen-in-Charge, Foremen I and II (or their
       equivalents) will be required to handle tools and do that class of
       work required of a journeyman, except that Foremen II shall not do
       this type of work while supervising a crew larger than may be
       supervised by a Journeyman-in-Charge unless:
 
          a.  life or property is in danger and there are no other
       qualified persons available to do the work, or
 
          b.  the only work being supervised is transmission line
       right-of-way maintenance work and there is no electrical hazard
       involved.
 
          2-1.07 Foremen III shall not normally handle tools or do that
       class of work required of their crews except in situations such as
       the following:
 
          a.  When necessary to check the work of others.
 
          b.  When necessary to train others.
 
          c.  When life or property is in danger and there are no other
       qualified persons available to do the work.
 
          2-1.08 When two journeymen are assigned to work together
       without other supervision, one shall serve as a
       Journeyman-in-Charge and be paid accordingly.  This does not apply
       to operators, craftsmen or to situations where a Lineman is
       supervising journeymen from other crafts as provided in paragraph
       2-5.05.  Journeymen will not be considered to be working together
       when they are performing work at the same location and at the same
       time which each was assigned to do separately.
 
          2-1.10 Operation of hydrolifts assigned to electrical crews
       shall be by Line Equipment Operators or journeymen of the
       electrical craft.
 
                                Provision 7
 
                       SUPPLEMENTARY AGREEMENT NO. 2
 
             WORKING RULES FOR ELECTRICAL WORKER CRAFT SERIES
 
          2-2.  LINEMEN
 
          2-2.06 An Aircraft Patrol Observer shall be or shall have been
       journeyman Lineman.
 
          2-2.07 A Line Equipment Operator A operates the following
       vehicles and equipment when it is assigned to a line crew:
 
          a.  Line trucks equipped with a boon and winch.
 
          b.  Trucks pulling pole trailers or heavy material trailers.
 
          c.  Snow-cats of one (1) ton or more capacity and tractors.
 
          In addition a Line Equipment Operator A operates "tractors that
       are used by but not assigned to line maintenance crews shall be
       confined to the stringing and sagging of conductors and other
       directly related line work, and shall not be used to repair or
       build roads or for general excavation" as provided by the
       Memorandum of Understanidng dated May 28, 1968.
 
          2-2.08 A Line Equipment Operator B operates vehicles and
       equipment assigned to a line crew except vehicles and equipment
       listed in 2-2.07.  The operation of vehicles and equipment covered
       by the above sentence includes all operation at the work site
       associated with the use of winches for work on transmission lines.
 
          Other driving of trucks under 1-1/2 tons may be performed by
       any licensed motor vehicle operator.
 
          2-2.09 A Groundman is a Lineman's helper.  The Groundman shall
       not serve two or more linemen when these linemen are on separate
       structures or towers.  Stubbing of poles and digging of holes by
       hand shall be done by groundmen under the supervision of a
       journeyman Lineman or a Lineman of higher grade.
 
          2-2.10 All framing and erecting of poles and transmission line
       towers shall be done by journeyman linemen who may be assisted by
       groundmen.
 
          2-2.11 Patrolling of lines shall be done by journeyman linemen
       who may be assisted by groundmen.
 
          2-2.16 Maintenance of microwave towers and airway lighting
       installations on these towers shall be done by linemen.
 
                                Provision 8
 
                       SUPPLEMENTARY AGREEMENT NO. 2
 
             WORKING RULES FOR ELECTRICAL WORKER CRAFT SERIES
 
          2-3.  ELECTRICIANS
 
          2-3.08 The operation of oil filtering or purifying equipment
       (either portable or stationary) may be performed by any Member of
       an electrician crew classified as an Oil Filter Operator or above.
        Oil Filter Operators, when not engaged in this type of work,
       shall work as Electrician Helpers at the Oil Filter Operator rate
       of pay.
 
          2-3.09 All installation, repair or removal of electrical
       equipment and fixtures in any station or substation shall be done
       by electricians except for overhead line work normally done by
       line crews, or work requiring the use of line maintenance
       equipment to remove or place electrical equipment and fixtures
       when line crews can be more efficiently employed to do the removal
       or placing.
 
          2-3.10 The adjustment of antennas on microwave towers shall be
       performed by either electricians or linemen, depending upon
       availability of either classification in the immediate area.
 
          2-3.11 Installation and maintenance work on other
       communications equipment and on meters and relays shall be
       governed by the memorandum from the Branch of Maintenance to Area
       Managers and O&M Supervisors dated May 8, 1956, on
       "Responsibilities of Meter, Relay and Communications Personnel."
 
                                Provision 9
 
                       SUPPLEMENTARY AGREEMENT NO. 2
 
             WORKING RULES FOR ELECTRICAL WORKER CRAFT SERIES
 
          2-5.  CABLE SPLICERS
 
          2-5.01 All splicing of lead-covered cables or substitutes
       therefor, and the installing and repairing of compound filled
       junction boxes and terminals shall be considered work belonging to
       the Cable Splicers and shall be done by Cable Splicers.
 
          2-5.02 When working on power cables or power equipment, a Cable
       Splicer shall be assisted by a Lineman or Electrician.  When work
       is done in a manhole, an Electrician, Lineman, Electrician Helper,
       or Groundman shall be stationed at the manhole to prepare and
       lower materials and as a safety measure.
 
          2-5.03 Crews pulling lead-covered cable shall consist of a
       Cable Splicer or Electrician Foreman II and at least two
       journeymen.  The Cable Splicer shall not be required to supervise
       such crews while splicing cable.
 
                               Provision 10
 
                       SUPPLEMENTARY AGREEMENT NO. 2
 
             WORKING RULES FOR ELECTRICAL WORKER CRAFT SERIES
 
          2-6.  DISPATCHERS, SCADA CONTROLLERS AND SUBSTATION
 OPERATORS
 
          2-6.01 a.  A Senior System Dispatcher is an employee having
       System Dispatcher qualifications who is:
 
          (1) in charge of an Area Control Center, or
 
          (2) in charge of a shift at the System Control Center, or
 
          (3) in charge of the outage dispatching function at the System
       Control Center.
 
          b.  A Senior System Dispatcher, Relief, is a System Dispatcher
       who is subject to shift and schedule changes in accordance with
       paragraph 2-6.17.
 
          2-6.02 A Generation Dispatcher is assigned to the generation
       console function.
 
          2-6.03 a.  A System Dispatcher is an employee who has
       satisfactorily completed at least 1 year of training in the
       dispatching activity who is:
 
          (1) Assigned to the switching and clearance function at the
       System Control Center, or
 
          (2) In charge of a shift at an Area Control Center, or
 
          (3) Assigned to assist with the outage dispatching function.
 
          b.  A System Dispatcher, Relief, is a System Dispatcher who is
       subject to shift and schedule changes in accordance with paragraph
       2-6.17.
 
          2-6.07 A Chief Substantion Operator III is an employee, having
       journeyman operator qualifications, who is in charge of an
       operating district.
 
          2-6.08 A Senior Substation Operator is an employee, having
       journeyman operator qualifications, who is in charge of a shift
       and is headquartered at a location that is normally manned 24
       hours a day, 7 days per week.
 
          2-6.09 A Senior Substation Operator, Relief, is an employee,
       having journeyman operator qualifications, who is subject to shift
       and schedule changes in accordance with paragraph 2-6.17 and whose
       routine duties include relieving Senior Substantion Operators.
 
          2-6.11 Substation Operators are journeymen in their particjlar
       branch of the trade.
 
          2-6.12 Assistant Substation Operators are employees who have at
       some time held a journeyman rating in their branch of the trade.
       Assistant Substation Operators work under the supervision of a
       Substation Operator, or an operator of higher classification, but
       perform switching only as specifically ordered by their supervisor
       and when the supervisor is present at the station where the
       switching is to be performed.
 
          2-6.23 Operators shall be required to perform only those duties
       directly connected with the operation of their substation while in
       charge of a shift.  Operators may be relieved of duties at another
       station in the vicinity.  These duties may include certain
       substation cleaning and maintenance of grounds which will not
       affect the quality of service the substation is expected to give.
 
          2-6.24 All switching in attended stations shall be performed by
       employees in the Substation Operator classifications.  Switching
       in unattended stations shall be performed by qualified workers
       designated by the System Dispatchers.
 
                               Provision 11
 
                       SUPPLEMENTARY AGREEMENT NO. 2
 
             WORKING RULES FOR ELECTRICAL WORKER CRAFT SERIES
 
          2-7.  CRAFTSMEN
 
          2-7.01 A Craftsman is an employee above the journeyman
       electrical worker level who specializes in a technical activity
       such as communications, metering, relaying, laboratory activities,
       and other work.
 
                               Provision 12
 
                       SUPPLEMENTARY AGREEMENT NO. 3
 
      WORKING RULES FOR PLUMBER, PIPEFITTER, AND WELDING CRAFT
 SERIES
 
          3-1 The Ross Welding Shop shall be supervised by a Welder
       Foreman III who is a qualified journeyman in the trade.  When the
       workload or size of the crew exceeds the ability of the Foreman
       III to provide effective supervision, a Welder Foreman I may be
       assigned to assist the Foreman III in the shop.  When the regular
       Foreman III is on leave, the Foreman I will be assigned the
       responsibility of the shop and after 15 consecutive working days,
       paid at the Welder Foreman III rate of pay.  When both the Foreman
       III and I (if any) are on leave, a journeyman member of the craft
       will be assigned the responsibility for the shop and paid at the
       118 percent rate of pay beginning on the first full half day of
       such absence.
 
          3-3 When other supervision is not available to lay out and
       provide general guidance for work performed by this craft in the
       field and when the crew consists of at least one other journeyman,
       supervision from within the craft shall be provided at the
       Journeyman-in-Charge rate of pay.  When members of this craft are
       assigned the responsibility of doing a job in the field and
       supervise journeymen of other crafts, they shall receive the
       Journeyman-in-Charge rate of pay.
 
          3-4 When two or more journeymen are assigned to swing shift
       duty without other supervision and no planning, lay out or work
       scheduling is required, a journeyman member of the craft will be
       assigned to supervise the crew and will be paid at the
       Journeyman-in-Charge rate of pay.
 
          3-9 The installation, balancing and maintenance of all plumbing
       and pipefitting relating to refrigeration, evaporation,
       lubrication, fuel oil separation, and air conditioning shall be
       the work of this craft.
 
                               Provision 13
 
                       SUPPLEMENTARY AGREEMENT NO. 4
 
                  WORKING RULES FOR TEAMSTER CRAFT SERIES
 
          4-1.03 Heavy truck drivers shall normally be scheduled in
       accordance with paragraph 1-23.01, except that drivers may be
       dispatched from 4:00 a.m. until 12:00 noon, as the need arises,
       with the understanidng that they will work no more than 15 hours.
       Drivers will not be required to drive for any period after having
       been on duty 15 hours following 8 consecutive hours off duty.  All
       hours in excess of 8 hours in a workday will be at the overtime
       rate of pay.
 
          4-2.01 Light Truck Drivers operate solo trucks and all light
       trucks of less than 36,000 GVW and forklift trucks of all sizes.
 
          4-2.04 The operation of hydrolift dual purpose trucks, except
       where they are assigned to electrical crews (see 2-1.10), shall be
       as follows:  When a hydrolift truck is used to transport material
       within a yard or to jobsite, it shall be Teamsters' jurisdiction.
       When truck remains at the jobsite for erection purposes, the crane
       shall be operated by the Operating Engineer at the Crane Operator
       rate of pay and the teamster may remain at the job and move the
       truck as needed, in accordance with the Memorandum of
       Understanding between the Teamsters and Operating Engineers dated
       June 20, 1968, (see also 9-2.).
 
          4-2.07 Drivers will be responsible to and will take orders from
       the supervisor to whom they are assigned by the Truck Foreman III
       or the Truck Foreman III's designated representative.  While so
       assigned, drivers will be required to perform other minor duties
       when operation of the truck is not required.
 
          4-3.01 Workers entering the warehousing activity who do not
       meet the minimum qualifications for Warehouse Worker shall be
       classified as Warehouse Worker trainees.  Such an employee shall
       be subject to training and periodic examinations in accordance
       with a standard training plan similar to that for apprentices.
       Promotion to Warehouseman shall be granted only upon
       recommendation of a board of experienced employees and
       supervisors, following appropriate exmaination and evaluation of
       the trainee's qualifications for Warehouse Worker.
 
          4-3.02 Warehouse Workers shall be considered journey-men and
       shall perform all the duties of a Warehouse Worker in receiving,
       storing, and issuing materials and equipment.  They will use the
       tools of the trade including lift trucks.
 
                               Provision 14
 
                       SUPPLEMENTARY AGREEMENT NO. 5
 
                 WORKING RULES FOR MACHINIST CRAFT SERIES
 
          5-1 The Ross Machine Shop shall be supervised by a Machinist
       Foreman III who is a qualified journeyman in the trade.  When the
       workload or size of the crew exceeds the ability of the Foreman
       III to provide effective supervision, a Machinist Foreman I may be
       assigned to assist the Foreman III in the shop.  When the regular
       Foreman III is on leave, the Foreman I will be assigned the
       responsibility of the shop and, after 15 consecutive working days,
       paid at the Machinist Foreman III rate of pay.  When both the
       Foreman III and I (if any) are on leave, a journeyman member of
       the craft will be assigned the responsibility for the shop and
       paid at the 118 percent rate of pay beginning on the first full
       half day of such leave.
 
          5-4 When other supervision is not available to lay out and
       provide general guidance for work performed by this craft in the
       field and when the crew consists of at least one other journeyman,
       supervision from within the craft shall be provided at the
       Journeyman-in-Charge rate of pay.
 
          5-5 When two or more journeymen are assigned to swing shift
       duty without other supervisors and no planning, lay out or work
       scheduling is required, a journeyman member of the craft will be
       assigned to supervise the crew and will be paid at the
       Journeyman-in-Charge rate of pay.
 
          5-6 An Aircraft Machinist (one-machinist shop) is a journeyman
       who is also responsible for day to day routine operation of a
       one-machinist shop including making reports and ordering supplies
       and parts.
 
          5-15.01 The Ross Blacksmith Shop shall be supervised by a
       Blacksmith Foreman I who is a qualified journeyman in the trade.
 
                               Provision 15
 
                       SUPPLEMENTARY AGREEMENT NO. 6
 
                  WORKING RULES FOR PAINTER CRAFT SERIES
 
          6-1 The Ross Paint Shop shall be supervised by a Painter
       Foreman III who is a qualified journeyman in the trade.  When the
       workload or size of the crew exceeds the ability of the Foreman
       III to provide effective supervision, a Painter Foreman I may be
       assigned to assist the Foreman III in the shop.  When the regular
       Foreman III is on leave, the Foreman I will be assigned the
       responsibility for the shop and paid at the 118 percent rate of
       pay beginning on the first full half day of such leave.
 
          6-3 When other supervision is not available to lay out and
       provide general guidance for work performed by this craft in the
       field, and when the crew consists of at least one other
       journeyman, supervision from within the craft shall be provided at
       the Journeyman-in-Charge rate of pay.
 
          6-4 When two or more journeymen are assigned to swing shift
       duty without other supervision and no planning, lay out or work
       scheduling is required, a journeyman member of the craft will be
       assigned to supervise the crew and will be paid at the
       Journeyman-in-Charge rate of pay.
 
                               Provision 16
 
                       SUPPLEMENTARY AGREEMENT NO. 7
 
                WORKING RULES FOR SHEET METAL CRAFT SERIES
 
          7-1 The Ross Sheet Metal Shop shall be supervised by a Sheet
       Metal Mechanic Foreman III who is a qualified journeyman in the
       trade.  When the workload or size of the crew exceeds the ability
       of the Foreman III to provide effective supervision, a Sheet Metal
       Mechanic Foreman I may be assigned to assist the Foreman III in
       the shop.  When the regular Foreman III is on leave, the Foreman I
       will be assigned the responsibility of the shop and, after 15
       consecutive working days, paid at the Sheet Metal Mechanic Foreman
       III rate of pay.  When both the Foreman III and I (if any) are on
       leave, a journeyman member of the craft will be assigned the
       responsibility for the shop and paid at the 118 percent rate of
       pay beginning on the first full half day of such leave.
 
          7-3 When other supervision is not available to lay out and
       provide general guidance for work performed by this craft in the
       field and the crew consists of at least one other journeyman,
       supervision from within this craft shall be provided at the
       Journeyman-in-Charge rate of pay.
 
          7-4 When two or more journeymen are assigned to swing shift
       duty without other supervision and no planning, lay out or work
       scheduling is required, a journeyman member of the craft will be
       assigned to supervise the crew and will be paid at the
       Journeyman-in-Charge rate of pay.
 
                               Provision 17
 
                       SUPPLEMENTARY AGREEMENT NO. 8
 
                 WORKING RULES FOR CARPENTER CRAFT SERIES
 
          8-1 The Ross Carpenter Shop shall be supervised by a Carpenter
       Foreman III who is a qualified journeyman in the trade.  When the
       workload or size of the crew exceeds the ability of the Foreman
       III to provide effective supervision, a Carpenter Foreman I may be
       assigned to assist the Foreman III in the shop.  When the regular
       Foreman III is absent, the Foreman I will be assigned the
       responsibility of the shop and, after 15 consecutive working days,
       paid at the Carpenter Foreman III rate of pay.  When both the
       Foreman III and I (if any) are absent, a journeyman member of the
       craft will be assigned the responsibility for the shop and paid at
       the 118 percent rate of pay on the first full half day of such
       absence.
 
          8-3 When other supervision is not available to lay out and
       provide general guidance for work performed by this craft in the
       field, and when the crew consists of at least one other
       journeyman, supervision from within the craft shall be provided at
       the Journeyman-in-Charge rate of pay.
 
          8-4 When two or more journeymen are assigned to swing shift
       duty without other supervision and no planning, lay out or work
       scheduling is required, a journeyman member of the craft will be
       assigned to supervise the crew and will be paid at the
       Journeyman-in-Charge rate of pay.
 
                               Provision 18
 
                       SUPPLEMENTARY AGREEMENT NO. 9
 
             WORKING RULES FOR OPERATING ENGINEER CRAFT SERIES
 
          9-1 The operation of pull graders, motor patrols, pole hole
       diggers, hydraulic backhoes, churn and core drills, and crawler
       and wheeled tractors, and ditchwitch/trenching machines larger
       that 35 HP with attachments shall be performed by Tractor
       Operators (provided there are no additional attachments on
       equipment below 35 HP) except that tractors which are regularly
       assigned to transmission line maintenance crews may be operated as
       provided in the Memorandum of Understanding dated May 19, 1954,
       and tractors may also be operated in accordance with the
       Memorandum of Understanding dated May 28, 1968.
 
          9-2 Crane Operators operate crawler shovels, truck cranes and
       hydrocranes, etc., with any of their attachments and hydrolifts in
       accordance with the Memorandum of Understanding dated June 20,
       1968, which reads as follows:
 
          "When a hydrolift truck is used to transport material within a
       yard or to jobsite it shall be Teamsters' jurisdiction.  When the
       truck remains at the jobsite for erection purposes the crane shall
       be operated by the Operating Engineer at the Crane Operator rate
       of pay and the teamster may remain at the job and move the truck
       as needed." (See 4-2.04 also.)
 
          9-3 A Truck Crane Oiler-Driver shall normally drive the truck
       portion of truck-mounted crane, inspect and lubricate the
       mechanism, flag, check grade, care for and maintain block and
       chokers, and generally assist the Crane Operator.
 
          9-4 Tractor Operators and Crane Crews will be responsible to
       and will take orders from the supervisor to whom they are assigned
       by the Transportation Officer or a designated representative.
       While so assigned, these personnel will be required to perform
       other minor duties when operation of their machine is not
       required.
 
          9-5 When other adequate supervision is not available to lay out
       and provide general guidance for work performed by this craft in
       the field and when the crew consists of at least one other
       journeyman, supervision from within the craft shall be provided at
       the Journeyman-in-Charge, Equipment Foreman I or III rate of pay.
       When the job includes multiple earth moving activities such as
       excavating, filling, ditching and grading, and when the finished
       job must conform to specific elevations as prescribed by
       surveyors, grade stakes or blue tops, the supervisor shall be a
       Foreman III.
 
          9-8 Journeymen members of this craft are responsible for the
       safe and efficient operation of their machines.  Operators will
       not be required to perform any type and work which, in their
       judgment, endangers themselves or others.
 
                               Provision 19
 
                      SUPPLEMENTARY AGREEMENT NO. 10
 
                  WORKING RULES FOR LABORER CRAFT SERIES
 
          10-1 When two or more journeymen are assigned to a nonstandard
       shift without other supervision and no planning, lay out or work
       scheduling is required, a journeyman member of the craft will be
       assigned to supervise the crew and will be paid at the
       Journeyman-in-Charge rate of pay.
 
                               Provision 20
 
                      SUPPLEMENTARY AGREEMENT NO. 11
 
      WORKING RULES FOR HEAVY MOBILE EQUIPMENT MECHANIC CRAFT
 SERIES
 
          11-1.01 The Ross Garage shall be supervised by a Foreman III
       who is a qualified journeyman in the trade.  When the workload or
       size of the crew exceeds the ability of the Foreman III to provide
       effective supervision, a Foreman I may be assigned to assist the
       Foreman III in the shop.  When the regular Foreman III is on
       leave, the Foreman I will be assigned the responsibility of the
       shop and after 15 consecutive workdays, paid at the Foreman III
       rate of pay.  When both the Foreman III and I (if any) are on
       leave, a journeyman member of the craft will be assigned the
       responsibility for the shop and paid at the 118 percent rate of
       pay beginning on the first full half day of such leave.
 
          11-1.02 Each field garage shall be supervised by a Foreman I
       (except one-mechanic shops).  When the size of the hourly crew
       supervised exceeds four other employees, the Foreman I will
       receive 115 percent of journeyman rate.  When the Foreman I is on
       leave, a journeyman member of the craft will be assigned the
       responsibility for the shop and paid at the 107.5 percent of
       journeyman rate of pay beginning on the first full half day of
       such absence.  When the journeyman replaces the Foreman I and the
       size of the hourly crew is four other employees, the journeyman
       will be paid at the 112.5 percent rate of pay beginning on the
       first full half day of such absence.
 
          11-3 When other supervision is not available to lay out and
       provide general guidance for work performed by this craft in the
       field and when the crew consists of at least one other journeyman,
       supervision from within the craft shall be provided at the
       Journeyman-in-Charge rate of pay.
 
          11-4 When two or more journeymen are assigned to swing shift
       duty without other supervision and no planning, lay out or work
       scheduling is required, a journeyman member of the craft will be
       assigned to supervise the crew and will be paid at the
       Journeyman-in-Charge rate of pay.
 
          11-5 A Heavy Mobile Equipment Mechanic (one-mechanic shop) is a
       journeyman who is also responsible for day-to-day routine
       operation of a one-mechanic shop including making reports and
       ordering supplies and parts.
 
                               Provision 21
 
                      SUPPLEMENTARY AGREEMENT NO. 12
 
        WORKING RULES FOR LITHOGRAPHER AND Reproduction SHOP SERIES
 
          12.01 The Administrator and the Union agree that, in order to
       meet workload emergencies and provide training opportunities,
       employees in the Photographic, Direct Print, Lithographic, and
       Bindery Sections may be given temporary assignments in other
       sections of the Reproduction Branch and employees from other
       sections of the Reproduction Branch may be given temporary
       assignments in the above-named Sections.  An employee shall not be
       so reassigned for a period in excess of two pay periods for any
       one workload emergency.  Whenever an employee is reassigned to
       work at a higher classification and performs duties at the
       journeyman level of such higher classification, the employee shall
       be paid at the higher rate for such work unless the reassignment
       is for training purposes.
 
                                APPENDIX B
 
    2/ Section 704 of the Civil Service Reform Act of 1978 (CSRA)
 provides:
 
          Sec. 704.  (a) Those terms and conditions of employment and
       other employment benefits with respect to Government prevailing
       rate employees to whom section 9(b) of Public Law 92-392 applies
       which were the subject of negotiation in accordance with
       prevailing rates and practices prior to August 19, 1972, shall be
       negotiated on and after the date of the enactment of this Act in
       accordance with the provisions of section 9(b) of Public Law
       92-392 without regard to any provision of chapter 71 of title 5,
       United States Code (as amended by this title), to the extent that
       any such provision is inconsistent with this paragraph.
 
          (b) The pay and pay practices relating to employees referred to
       in paragraph (1) of this subsection shall be negotiated in
       accordance with prevailing rates and pay practices without regard
       to any provision of --
 
          (A) chapter 71 of title 5, United States Code (as amended by
       this title), to the extent that any such provision is inconsistent
       with this paragraph;
 
          (B) subchapter IV of chapter 53 and subchapter V of chapter 55
       of title 5, United States Code;  or
 
          (C) any rule, regulation, decision, or order relating to rates
       of pay or pay practices under subchapter IV of chapter 53 or
       subchapter V of chapter 55 of title 5, United States Code.
 
    3/ Section 9(b) of Pub. L. 92-392 provides as follows:
 
          Sec. 9.
 
                       * * *
 
 
          (b) The amendments made by this Act shall not be construed to
       --
 
          (1) abrogate, modify, or otherwise affect in any way the
       provisions of any contract in effect on the date of enactment of
       this Act pertaining to the wages, the terms and conditions of
       employment, and other employment benefits, or any of the foregoing
       matters, for Government prevailing rate employees and resulting
       from negotiations between Government agencies and organizations of
       Government employees;
 
          (2) nullify, curtail, or otherwise impair in any way the right
       of any party to such contract to enter into negotiations after the
       date of enactment of this Act for the renewal, extension,
       modification, or improvement of the provisions of such contract or
       for the replacement of such contract with a new contract;  or
 
          (3) nullify, change, or otherwise affect in any way after such
       date of enactment any agreement, arrangement, or understanding in
       effect on such date with respect to the various items of subject
       matter of the negotiations on which any such contract in effect on
       such date is based or prevent the inclusion of such items of
       subject matter in connection with the renegotiation of any such
       contract, or the replacement of such contract with a new contract,
       after such date.
 
    8/ H.R. Rep. No. 1403, 95th Cong., 2d Sess. 61-62 (1978) states as
 follows:
 
          Section 704(c) is intended to preserve the existing right of
       certain Federal prevailing rate employees to negotiate terms and
       conditions of employment.  The committee intends that this
       subsection preserve unchanged the scope and substance of the
       existing collective bargaining relationship between the employees'
       representatives and the agencies involved.  The subsection
       excludes these employees from the restrictions on the scope of
       collective bargaining under chapter 71, and grants them authority
       to negotiate pay and pay practices without regard to any provision
       of chapters 51, 53, and 55 of title 5, or other provisions
       relating to rates of pay or pay practices with respect to Federal
       employees.
 
    Reprinted in Committee on Post Office and Civil Service, House of
 Representatives, 96th Cong., 1st Sess., Legislative History of the
 Federal Service Labor-Management Relations Statute of 1978, Committee
 Print No. 96-7, at 675 (1979) (hereinafter Legislative History).
 
    9/ Congressman Ford stated as follows:
 
          During committee markup, I offered an amendment to add a new
       provision, section 704(c), which is intended to preserve the scope
       of collective bargaining heretofore enjoyed by certain trade and
       craft employees. . . .  This provision is required because of two
       recent rulings by the Comptroller General which invalidated
       certain collectively bargained provisions and held that specific
       legislative authorization is necessary for these employees to
       continue to negotiate such provisions in accordance with
       prevailing private industry practice.  Decisions Nos. B-189782
       (February 3, 1978) and B-191520 (June 6, 1978).
 
          Certainly, we should not now be narrowing the preexisting
       collective bargaining practices of any group of Federal employees.
        This provision of the bill would have the effect of overruling
       the two Comptroller General decisions, and would adopt his own
       suggestion for specific legislative authorization.  The provision
       would specifically authorize the continuation of prior collective
       bargaining practices, and would allow these employees, whom
       Congress already sought to protect in the savings provision of
       1972 wage board reform law, to continue to negotiate their terms
       and conditions of employment in accordance with the prevailing
       practice principle.  I do not intend to expand nor contract the
       scope of bargaining that existed prior to the Comptroller General
       decisions.  In the past, these employees have negotiated wages,
       pay practices, and other practices in accordance with the
       prevailing practice principle.  This has produced some of the most
       stable and effective collective bargaining in the history of
       public employee labor relations.  It has enabled the Federal
       Government to procure and retain qualified craft employees who
       otherwise might choose employment in private industry, by insuring
       that they will enjoy comparable terms and conditions of
       employment.  (Emphasis added.)
 
    124 Cong. Rec. 25722 (1978), Legislative History at 857.
 
    11/ H.R. Rep. No. 1717, 95th Cong., 2d Sess. 159 (1978), Legislative
 History at 827, states as follows:
 
                 CERTAIN COLLECTIVE BARGAINING AGREEMENTS
 
          Section 704(d) of the House bill provides certain savings
       clauses for employees principally in agencies under the Department
       of the Interior and the Department of Energy who have
       traditionally negotiated contracts in accordance with prevailing
       rates in the private sector of the economy and who were subject to
       the savings clauses prescribed in section 9(b) of Public Law
       92-392, enacted August 19, 1972.
 
          The Senate contains no comparable provision.
 
          The conference report adopts the House provision with an
       amendment.
 
          As revised, section 704(d) overrules the decision of the
       Comptroller General in cases number B-L89782 (Feb. 3, 1978) (sic)
       and B-L9L520 (June 6, 1978), (sic) relating to certain negotiated
       contracts applicable to employees under the Department of the
       Interior and the Department of Energy.  This section also provides
       specific statutory authorization for the negotiation of wages,
       terms and conditions of employment and other employment benefits
       traditionally negotiated by these employees in accordance with
       prevailing practices in the private sector of the economy.
 
          Section 704(d)(1) authorizes and requires the agencies to
       negotiate on any terms and conditions of employment which were the
       subject of negotiations prior to August 19, 1972, the date of
       enactment of Public Law 92-392.  Section 704(d)(1) may not be
       construed to nullify, curtail, or otherwise impair the right or
       duty of any party to negotiate for the renewal, extension,
       modification, or improvements of benefits negotiated.
 
          Section 704(d)(2) requires the negotiation of pay and pay
       practices in accordance with prevailing pay and pay practices
       without regard to chapter 71 (as amended by this conference
       report), subchapter IV of chapter 53, or subchapter V of chapter
       55, of title 5, United States Code, in accordance with prevailing
       practices in the industry.
 
    20/ As to Provision 1, see Union Response to Agency Statement of
 Position at 30-31.  See also Article 11.04 and 11.06 of the Collective
 Agreement Between the Administrator, Bonneville Power Administration and
 Columbia Power Trades Council, Revised July 1, 1971, as set forth in
 Exhibit D attached to the Union's Petition for Review (hereinafter
 referred to as the "1971 Agreement"), which provides for the joint
 labor-management apprenticeship committees to develop standard
 apprenticeship plans and minimum craft standards.  As to Provision 2,
 see Union Response to Agency Statement of Position at 31-32.  See also
 Article 12.10g of the 1971 Agreement, as set forth in Exhibit D attached
 to the Union's Petition for Review, which appears to provide only for
 the employee to invoke arbitration.  As to Provision 13, see Union
 Response to Agency Statement of Position at 32-33.  See also Section
 4-2.02 of Supplementary Agreement No. 4 of the 1971 Agreement, as set
 forth in Exhibit D attached to the Union's Petition for Review, which,
 contrary to the Agency's contention, prescribes limits on heavy truck
 drivers steering of pole trailers and Section 1-23 of Supplementary
 Agreement No. 1 of the 1971 Agreement, as set forth in Exhibit D
 attached to the Union's Petition for Review, which prescribes hours of
 work for all unit employees, including heavy truck drivers.
 
    21/ H.R. Rep. No. 339, 92d Cong., 1st Sess. 22 (1971) states as
 follows:
 
                  Savings clause for existing agreements
 
          Section 9(b)(1) of the bill, with the committee amendment,
       provides that the amendments made by the Act shall not be
       construed to abrogate, modify, or otherwise affect the provisions
       of any existing contract pertaining to the wages, conditions of
       employment, and other employment benefits of Government e