24:0502(55)NG - IAM Local Lodge 2424 and Army, Aberdeen Proving Ground, Aberdeen Proving Ground, MD -- 1986 FLRAdec NG

 24 FLRA No. 55
 
 INTERNATIONAL ASSOCIATION 
 OF MACHINISTS AND AEROSPACE 
 WORKERS, LOCAL LODGE 2424
 Union
 
 and
 
 DEPARTMENT OF THE ARMY, 
 ABERDEEN PROVING GROUND, 
 ABERDEEN PROVING GROUND, 
 MARYLAND
 Agency
 
                                            Case No. 0-NG-1294
 
                 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-Management Relations Statute (the Statute) and presents an issue
 concerning the negotiability of a single Union proposal.  For the
 reasons set forth below, we find the proposal to be nonnegotiable.
 
                            II.  Union Proposal
 
    Tours of duty will be established at least two weeks in advance, will
 continue for a period of at least two pay periods, and will be announced
 in writing and once made, will not be changed unless two (2) weeks
 notice is given.  The commanding Officer may make exceptions to this
 requirement when circumstances preclude compliance or exceptions may be
 made when agreed to by the employee.  Exceptions will not be made,
 however, where the change in tour is for the purpose of avoiding or
 creating the necessity for payment of overtime, night differential,
 Sunday or holiday pay.  The announcement of the tour will identify the
 calendar days and the hours of each day comprising each tour.  Copies of
 the announcement will be posted in conspicuous places, readily
 accessible to all affected employees.
 
                      III.  Positions of the Parties
 
    The Agency contends that the proposal is nonnegotiable under section
 7117(a)(1) of the Statute because it conflicts with 5 CFR Section
 610.121(b)(2), a Government-wide regulation.  In supp