24:0087(10)NG - AFSCME Local 2478 and Commission on Civil Rights -- 1986 FLRAdec NG

 24 FLRA No. 10
 
 AMERICAN FEDERATION OF STATE, 
 COUNTY AND MUNICIPAL EMPLOYEES, 
 LOCAL 2478
 Union
 
 and
 
 U.S. COMMISSION ON CIVIL 
 RIGHTS
 Agency
 
                                            Case No. 0-NG-1068
 
                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 7105(a)(2)(E) of the Federal Service
 Labor-Management Relations Statute (the Statute) and concerns the
 negotiability of two Union proposals.  We hold Union Proposal 1 to be
 nonnegotiable and Union Proposal 2 to be negotiable.
 
                           II.  Union Proposal 1
 
          Article 29, Section 3.  (Disciplinary Actions)
 
          When it is determined by the Employer that disciplinary action
       is necessary, the employee will be promptly informed of the
       reasons why the action is being taken.  Such action will be
       accomplished with dispatch and normally be initiated within 30
       days after management becomes aware of the alleged occurrence.  In
       no case will the Employer bring disciplinary action against an
       employee for occurrences which are alleged to have happened more
       than one year previously.  (Only the underscored portion is in
       dispute.)
 
                       A.  Positions of the Parties
 
    The Agency contends that this proposal is outside the duty to bargain
 because it interferes with management's right to discipline employees,
 under section 7106(a)(2)(A) of the Statute.  The Union contends that the
 proposal would merely protect employees' rights by insuring prompt
 disciplinary action and would not violate the Agency's right to
 discipline its employees.  It also contends that by negotiating over the
 proposal the Agency would not endanger its ability to proceed with
 dis