30:0032(8)NG - NTEU and IRS, Indianapolis District -- 1987 FLRAdec NG

 30 FLRA NO. 8
 30 FLRA 32

12 NOV 1987



NATIONAL TREASURY EMPLOYEES UNION

                   Union

      and

INTERNAL REVENUE SERVICE
INDIANAPOLIS DISTRICT

                   Agency

Case No. O-NG-1402

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) and
concerns the negotiability of a single proposal. For the
following reasons, we find the proposal to be negotiable.

     II. Proposal

     Article 2A(7)

     All employees may smoke within the confines of designated
smoking areas throughout the District. Individuals occupying
designated smoking areas within the District will respect the
rights of nonsmokers and will refrain from smoking at the request
of nonsmoking employees or make other suitable accommodations.

     III. Positions of the Parties

     The Agency recognizes that the Authority has found proposals
concerning smoking to be negotiable even where they would affect
nonunit employees. However, the Agency contends that the proposal
in this case is different in that it would directly prescribe the
conduct of managerial employees. The Agency argues that the
impact of the proposal on nonbargaining unit employees is
significant and direct, and that in fact the proposal primarily
will affect nonbargaining unit employees as most all of the
Agency's private offices are occupied by managerial employees.

     The Union contends that the intent of the proposal is to
enable nonsmoking bargaining unit employees to ask individuals
occupying designated smoking areas to refrain from smoking when
bargaining unit employees must be in these areas, thereby
protecting the health and safety of unit employee nonsmokers.
Accordingly, the Union asserts that the primary impact of its
proposal is on the nonsmoking unit emplo