31:1002(80)NG - IBEW Local 1245 and Energy, Western Area Power Administration -- 1988 FLRAdec NG



[ v31 p1002 ]
31:1002(80)NG
The decision of the Authority follows:


 31 FLRA NO. 80


INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, AFL-CIO
LOCAL 1245

                  Union

      and

DEPARTMENT OF ENERGY
WESTERN AREA POWER
ADMINISTRATION

                  Agency

                                                Case No. 0-NG-1465

             DECISION AND ORDER ON NEGOTIABILITY ISSUES

     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 two proposals which would require the Agency
to provide, free of cost to employees: (1) an accidental death
and dismemberment policy and (2) a medical insurance plan or
supplemental medical policy. We find both proposals to be
nonnegotiable because they do not concern &conditions of
employment* within the meaning of section 7103(a)(14) of the
Statute and also because they conflict with applicable law.

     II. Proposals

     Proposal I

     To provide for a $100,000 accidental death and dismemberment
     policy, the premium to be paid for by Western Area Power
     Administration.

     Proposal 2

     To provide for Western to pay 100 percent of medical
     premium. (If illegal, propose a supplemental medical plan.)

     A. Positions of the Parties

     The Agency contends that the proposals are nonnegotiable
because they concern matters specifically provided for by Federal
law. Therefore the proposals do not concern "conditions of
employment" as defined in section 7103(a) (14) of the Statute.

     The Union did not file a response to the Agency's statement
of position, but asserted in its petition for review that the
proposals concern terms and conditions of employment of
bargaining unit employees.

     B. Analysis and Conclusion

     Section 7103(a)(12) of the Statute, requires agencies and
exclusive representatives to consult and bargain in good faith
"with respect to the conditions of employment" affecting
bargaining unit employees. "Conditions of employment" is defined
in section 7103(a)(14) as "personnel policies, practices, and
matters . . . affecting working conditions(.)" Excluded from the
definition, among other matters, are those personnel policies and
matters "to the extent such matters are specifically provided for
by Federal statute (.)" Furthermore, under section 7117 (a),
matters which are inconsistent with law or Government-wide rule
or regulation are excluded from the scope of bargaining.

     The disputed proposals would provide, free of cost,
accidental death and dismemberment insurance to unit employees
and would also provide the employees with fr