28 FLRA NO. 79

AFSCME, LOCAL 2027

              Union

      and

ACTION

              Agency

Case No. 0-NG-1385

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 presents issues concerning the negotiability of two proposals. 1

II. Proposals 2 and 3

Proposal 2

Item 2 - Paragraph 3. (Responsibilities), Section f. (1) (Employees) and Paragraph 6 (Criteria for Maintaining or Implementing AWS)

Establish schedules in accordance with criteria for implementation (see paragraph 6). In this regard, schedules and changes will be acceptable to and compatible with other employee's schedules in the work unit.

Based upon the criteria established for coverage, each work unit will pre-schedule coverage by having employees voluntarily work the periods within the Public Service Band and outside the core time requirement. If a work unit cannot arrive at a voluntary schedule, the supervisor will request from employees their preferences for working these uncovered periods. The supervisor will establish a schedule, based upon these preferences, that will equitably alternate coverage amongst the employees.

Proposal 3

Item 3 - Paragraph 8.A.8.(a) Credit Hours

When work has been assigned to an employee, the employee has a right to elect to work credit hours for the purpose of varying the length of a subsequent workday, work week, or pay period subject to their supervisor's approval of disapproval which must be based on workload needs and cannot be arbit