31:0916(71)NG - AFGE Local 1482 and Marine Corps Logistics Base, Barstow, CA -- 1988 FLRAdec NG



[ v31 p916 ]
31:0916(71)NG
The decision of the Authority follows:


  31 FLRA NO. 71

AKA:              0-NG-1483
                  31 FLRA 916

Date:             23 MAR 1988


AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES
LOCAL 1482

                      Union

       and

MARINE CORPS LOGISTICS
BASE, BARSTOW, CALIFORNIA

                      Agency

Case No. 0-NG-1483

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 concerns a
proposal which the Union submitted in response to the Agency's
decision to ban the use of all bicycles in the Repair Division
building at the Marine Corps Logistics Base, Barstow.

     The proposal seeks to allow employees to continue to use
their privately owned bicycles in the Repair Division building
during work hours. We find that the proposal is nonnegotiable
because it interferes with the Agency's rights under section 7106
of the Statute to determine its internal security practices and
the means of performing work.

     II. The Proposal

     a. That employees at Repair Division can continue to use
their private bicycles during work hours subject to the following
provisions:

     (1) that all bicycles meet minimum safety standards set by
safety; 

     (2) that the bicycles be marked with the employee name and
shop;

     (3) that the bicycle rider be licensed to ride bicycles;
and

     (4) that Repair Division establish a safe speed limit for
bicycles within Repair Division.

     b. If an employee is found to violate safety pertaining to
the riding of a bicycle, the following procedure will be
followed:

     (1) he/she will be counselled by his/her supervisor; and

     (2) his/her license will be revoked for 30  days for the
first offense; 90 days for the second offense; permanently
removed for the third offense.

     (Only the underscored portion is in dispute.)

     III. Positions of the Parties

     In its petition, the Union argues that this proposal is a
better alternative to the Agency's plan to ban the use of all
bicycles within the Repair Division. The Union further asserts
that its proposal adequately addresses the Agency's safety
concerns.

     The Agency states that it decided to ban bicycle use within
the Repair Division because of a mounting safety problem which
could cause serious injury to persons and property. It asserts
that the decision constitutes an exercise of its right to
determine its internal security practices. The Agency also argues
that employees use bicycles to perform work, such as delivering
parts and documents and performing inspections. In view of this
use, the