30:0472(59)NG - NFFE Local 15 and Army Armament Munitions and Chemical Command, Rock Island Arsenal, Rock Island, IL -- 1987 FLRAdec NG



[ v30 p472 ]
30:0472(59)NG
The decision of the Authority follows:


 30 FLRA NO. 59
 30 FLRA 472

 14 DEC 1987

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 15

                    Union

         and

U.S. ARMY ARMAMENT
MUNITIONS AND CHEMICAL COMMAND
ROCK ISLAND ARSENAL
ROCK ISLAND, ILLINOIS

                   Agency

Case No. O-NG-1436

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). It raises
issues concerning the negotiability of a single proposal which
involves safety clothing and equipment requirements for
motorcycle and moped operators on the Rock Island Arsenal (the
Arsenal). For the reasons which follow, we hold that the proposal
is outside the duty to bargain because it directly interferes
with the Agency's right to determine its internal security
practices under section 7106(a)(1) of the Statute.

     II. Background

     The Agency sought to implement a Department of Army
regulation which contained various requirements which must be met
by employees who wish to operate motorcycles or mopeds on the
Arsenal. This Army regulation requires, among other things not
relevant to this dispute, that all riders of motorcycles on the
installation wear: 1) safety helmets which meet Department of
Transportation standards, 2) eye protection, 3) long trousers,
and 4) high-visibility garments. 

     The Arsenal is located in Illinois on an island in the
Mississippi river, which separates Illinois from Iowa. The
Arsenal draws employees from both Illinois and Iowa. At present,
neither Illinois nor Iowa requires motorcycle riders to wear such
safety items as helmets or high-visibility garments. Eye
protection, however, is required. See Agency Allegation of
Nonne