27:0033(7)NG - AFGE Local 2324 and Army HQ, 1st Infantry Division, Fort Riley, KS -- 1987 FLRAdec NG



[ v27 p33 ]
27:0033(7)NG
The decision of the Authority follows:


 27 FLRA No. 7
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, LOCAL 2324, AFL-CIO
 Union
 
 and
 
 DEPARTMENT OF THE ARMY 
 HEADQUARTERS, 1ST INFANTRY DIVISION 
 FORT RILEY, KANSAS
 Agency
 
                                            Case No. 0-NG-1334
 
                 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)(D) and (E) of the Federal Service
 Labor-Management Relations Statute (the Statute).  The appeal concerns
 the negotiability of a proposal which would permit smoking in military
 vehicles as an exception to the Department of the Army's "Policy on
 Controlling Smoking." We find the proposal to be negotiable.
 
                               II.  Proposal
 
    8.  Smoking shall be permitted in military vehicles.
 
                      III.  Positions of the Parties
 
    The Agency contends that the proposal would allow bargaining unit
 members to smoke in military vehicles where space and ventilation are
 inadequate to provide nonsmokers a healthful environment.  It would have
 an adverse impact on such nonbargaining unit members as military
 personnel, their dependents, managers, supervisors, and visitors to the
 base who could be exposed to smo