27:0814(87)NG - AFGE Council 214 and Air Force, HQ Air Force Logistics Command, Wright- Patterson AFB, OH -- 1987 FLRAdec NG
[ v27 p814 ]
27:0814(87)NG
The decision of the Authority follows:
27 FLRA No. 87
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, COUNCIL 214
Union
and
DEPARTMENT OF THE AIR FORCE,
HEADQUARTERS AIR FORCE LOGISTICS
COMMAND, WRIGHT-PATTERSON AIR
FORCE BASE, OHIO
Agency
Case No. 0-NG-759
21 FLRA No. 34
DECISION ON REMAND
I. Statement of the Case
This case is before the Authority pursuant to a remand from the
United States Court of Appeals for the District of Columbia Circuit.
The question involved is whether a proposal interferes with the
management right under section 7106(a)(1) to determine internal security
practices.
II. The Proposal
All AFLC employees may be held pecuniarily liable for the loss,
damage, or destruction of Air Force property when it results from gross
negligence, willful misconduct, or deliberate unauthorized use. If
doubt exists, the individual is not held liable. (Only the underscored
language is in dispute.)
III. Background
This proposal would establish the standard to be used in determining
whether an employee will be held "pecuniarily liable" for the loss,
damage, or destruction of Air Force property. In the previous decision
in this case, American Federation of Government Employees, AFL-CIO,
Council 214 and Department of the Air Force, Headquarters, Air Force
Logistics Command, Wright-Patterson Air Force Base, Ohio, 21 FLRA No. 34
(1986), the Authority found that this proposal interfered with the
Agency's right to determine its internal security practices. In doing
so, the Authority relied upon its decision in National Federation of
Federal Employees, Local 29 and 