30:1088(117)NG - IAM Lodge No. 282 and Army, HQ, I Corps, Fort Lewis, WA -- 1988 FLRAdec NG



[ v30 p1088 ]
30:1088(117)NG
The decision of the Authority follows:


  30 FLRA NO. 117
 30 FLRA 1088

 27 JAN 1988


INTERNATIONAL ASSOCIATION OF MACHINISTS
AND AEROSPACE WORKERS, LODGE NO. 282

     Unions

     and

DEPARTMENT OF THE ARMY
HEADQUARTERS,  I CORPS
FORT LEWIS, WASHINGTON

     Agency

Case No. O-NG-1277

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 proposal which limits management
to testing employees for drug abuse only on the basis of probable
cause. The effect of the proposal is to preclude management from
testing employees on a random basis. We find that the proposal is
outside the duty to bargain because it directly interferes with
management's right to determine its internal security practices
under section 7106(a)(1) of the Statute.

II. Background

     On February 10, 1986, the Department of the Army promulgated
regulations implementing a Department of Defense Directive
concerning civilian employee drug abuse testing. Interim Change
No. Ill to Army Regulation 600-85, Alcohol and Drug Abuse
Prevention and Control Program (Interim Change to AR 600-85). The
proposal in dispute in this case was offered by the Union in
connection with bargaining on the implementation of the Interim
Change to AR 600-85, which established a drug abuse testing
program for civilian employees in critical jobs.

     In National Federation of Federal Employees, Local 15 and
Department of the Army, U.S. Army Armament, Munitions and
Chemical Command, Rock Island, Illinois, 30  FLRA  No. 115
(1988), we discussed the provisions of the Interim Change to AR
600-85 and outlined in detail subsequent events having direct
relevance to drug testing programs in the Executive Branch of the
Federal Government in general and to the Army drug testing
program in particular. Specifically, we addressed: (1) the
issuance of Executive Order 12564, entitled "Drug - Free Federal
Workplace"; (2) the issuance of Federal Personnel Manual Letter
792-16 (November 28, 1986), implementing section 6(a)(1) of the
Executive Order; (3) the publication of the proposed "Scientific
and Technical Guidelines for Drug Testing Programs," by the
Department of Health and Human Services, pursuant to Section 4(d)
of the Executive Order; and (4) the enactment of section 503 of
the Supplemental Appropriations Act of 1987, Pub. L. No. 100-71,
101 Stat. 391, 468 (July 11, 1987). We noted that the Authority
had invited interested parties to file amicus briefs addressing
the negotiability of proposals relating to various aspects of
agency drug testing programs. See U.S. Ar