23:0804(103)NG - FUSE, NAGE, Local R1-144 and Navy, Naval Underwater Systems Center -- 1986 FLRAdec NG

 23 FLRA No. 103
 
 FEDERAL UNION OF SCIENTISTS AND 
 ENGINEERS, NATIONAL ASSOCIATION 
 OF GOVERNMENT EMPLOYEES, LOCAL R1-144
 Union
 
 and
 
 U.S. DEPARTMENT OF NAVY, NAVAL 
 UNDERWATER SYSTEMS CENTER
 Agency
 
                                            Case No. 0-NG-1267
 
                 DECISION AND ORDER ON NEGOTIABILITY ISSUE
 
                         I.  Statement of the Case
 
    The petition for review in this case comes 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.  It
 raises an issue concerning the negotiability of one Union Proposal to
 grant "super seniority" to Union officials and stewards in a
 reduction-in-force.  For the following reasons we hold that the proposal
 is nonnegotiable.
 
                            II.  Union Proposal
 
          Union officials and stewards shall for the purposes of
       reduction-in-force during their official tenure of office be
       considered the most senior employees in their competitive level
       and tenure status.
 
                      III.  Positions of the Parties
 
    The Agency contends that this proposal conflicts with management's
 right under section 7106(a)(2)(A) to remove employees in that it would
 compel the Agency to remove other employees before removing union
 officials and stewards in a reduction-in-force (RIF).  Additionally, it
 argues that the proposal is inconsistent with a Government-wide rule or
 regulation -- specifically, the Office of Personnel Management (OPM)
 regulations found at 5 CFR Part 351.
 
    The Union disputes the Agency's assertion that this proposal is
 nonnegotiable.  It asserts that there is no Agency regulation for which
 a compelling need exists which bars negotiation of this proposal.  /1/