30:0686(86)NG - AFSCME Union Local 2477 and The Library of Congress -- 1987 FLRAdec NG



[ v30 p686 ]
30:0686(86)NG
The decision of the Authority follows:


30 FLRA NO. 86
30 FLRA 686

31 DEC 1987

30 FLRA No. 86

AMERICAN FEDERATION OF STATE, COUNTY
AND MUNICIPAL EMPLOYEES UNION
LOCAL 2477, AFL-CIO

                     Union

       and

THE LIBRARY OF CONGRESS

                     Agency

Case No. O-NG-1276

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, which requires the retroactive
implementation of a reorganization. We find that the proposal is
outside the duty to bargain because it concerns the
classification of a position and, as such, does not concern
conditions of employment.

     II. Background

     In December 1985 the Agency notified the Union that it was
reorganizing the Subscription and Microform Section, Order
Division, Processing Services Department. The reorganization
plans included the, creation of a promotion plan for the
position, Processing Assistant, GS-5, to GS-5/6. During the
ensuing negotiations, the Agency's position was that (1) the
promotion plan could not be effected until the reorganization was
implemented, and (2) the incumbents of the GS-5 position could
not be promoted to GS-6 until their supervisor d