29:1174(84)NG - AFGE, LOCAL 2010 VS NAVY, NAVAL SUPPLY CENTER



[ v29 p1174 ]
29:1174(84)NG
The decision of the Authority follows:


29 FLRA NO. 84

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES
LOCALS 696 and 2010

                   Union

       and

NAVAL SUPPLY CENTER
JACKSONVILLE, FLORIDA

                   Agency

Case No. 0-NG-1394

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 one proposal. For the following reasons, we find that the proposal is not negotiable.

II. The Proposal

Article 3, Rights of the Employer, Section 2.

The term "emergency," for purposes of this agreement means a situation which ...

(1) is outside the control of the Employer;

(2) requires sudden or immediate action on the part of the Employer; and

(3) could not have been reasonably foreseen by the Employer.

A. Positions of the Parties

The Agency contends that by defining the term "emergency," the proposal limits and is, therefore, inconsistent  with its reserved right under section 7106(a)(2)(D) of the Statute to take "whatever actions may be necessary to carry out the agency mission during emergencies." According to the