25:0675(55)NG - NFFE Local 1945 and Interior, Bureau of Land Management -- 1987 FLRAdec NG



[ v25 p675 ]
25:0675(55)NG
The decision of the Authority follows:


 25 FLRA No. 55
 
 NATIONAL FEDERATION OF 
 FEDERAL EMPLOYEES, LOCAL 1945
 Union
 
 and
 
 U.S. DEPARTMENT OF THE INTERIOR 
 BUREAU OF LAND MANAGEMENT
 Agency
 
                                            CASE NO. O-NG-1257
 
                 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 concerns the
 negotiability of the following proposal.
 
    II.  Proposal
 
          1.  The hours for the early shift would remain the same.
 
          2.  The hours for the late shift would become 0745-1615.
 
    A.  Background and Positions of the Parties
 
    The Key Entry Section of the Agency's Denver Service Center formerly
 operated on a two shift schedule;  one shift from 6:00 a.m. to 2:30 p.m.
 and the second shift from 9:30 a.m. to 6:00 p.m.  The Agency decided to
 abolish the two shifts and move all employees to a single shift from
 7:45 a.m. to 4:15 p.m.  According to the Agency, the new shift schedule
 would:  reduce turnover;  increase operating efficiency;  permit one
 position to be abolished;  and result in only minimal disruption of
 employees.  See Agency Statement of Position at 3rd page.
 
    The Agency contends that a provision in the parties' current
 collective bargaining agreement precludes bargaining on the disputed
 proposal and, therefore, it has no duty to bargain.  The Agency further
 asserts that this proposal interferes with management's rights under
 section 7106(a)(2)(A) and (B) to assign and direct employees and to
 assign work and with management's rights under section 7106(b)(1) to
 determine the numbers, types and grades of employees or positions
 assigned to a tour of duty and the methods and means of performing work.
 
    The Union did not file a Reply Brief in this case but the record
 indicates that the Union considered its proposal to be an appropriate
 arrangement within the meaning of section 7106(b)(3) of the Statute.
 See Attachment 4 to the Union's Petition for Review.
 
    B.  Analysis and Conclusion
 
    1.  Duty to Bargain
 
    Wnen a union files a negotiability appeal under section 7105(a)(2)(E)
 of the Statute, section 7117(c) entitles it to a decision on the
 negotiability issues in the appeal.  The record in this case fails to
 provide a basis for substantiating the Agency's assertion that the
 parties' current collective bargaining agreement precludes negotiations
 on the proposal.  To the extent that there are factual issues in dispute
 between the parties concerning the duty to ba