30:0494(65)NG - Federal Union of Scientists and Engineers, NAGE Local R1-144 and Navy, Naval Underwater Systems Center, Newport, RI -- 1987 FLRAdec NG



[ v30 p494 ]
30:0494(65)NG
The decision of the Authority follows:


 30 FLRA NO. 65
 30 FLRA 494

  18 DEC 1987


FEDERAL UNION OF SCIENTISTS
AND ENGINEERS, NAGE LOCAL RI-144

                       Union

             and

DEPARTMENT OF THE NAVY
NAVAL UNDERWATER SYSTEMS CENTER
NEWPORT, RHODE ISLAND

                       Agency

Case No. 0-NG-1443

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. The proposal would permit the
Agency to take disciplinary action against an employee for
unauthorized possession of marijuana, a narcotic or a controlled
substance, or drug paraphernalia only if the possession is for
personal use or intended sale. We find that the proposal is
nonnegotiable because it establishes criteria for the imposition
of discipline and therefore directly interferes with management's
right to discipline under section 7106(a)(2)(A) of the Statute.

     II. Background

     The Union's proposal results from negotiations over a local
instruction setting forth guidelines for disciplinary offenses.
The purpose of the