31:1110(91)NG - AFGE Local 3369 and SSA, Cypress Hills District Office -- 1988 FLRAdec NG



[ v31 p1110 ]
31:1110(91)NG
The decision of the Authority follows:


 31 FLRA NO. 91
    31 FLRA 1110 (1988)
     
 31 MAR 1988


AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, AFL-CIO, LOCAL 3369

                   Union

      and

SOCIAL SECURITY ADMINISTRATION
CYPRESS HILLS DISTRICT OFFICE

                   Agency

Case No. 0-NG-1486

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 a single proposal which would allow
employees a working smoke break. For the following reasons, we
find the proposal to be negotiable.

     II. Proposal

     Employees shall be allowed, consistent with U.S.C. 7106
A1-2, working smoke intervals between the earliest break and
lunch, lunch and the latest break, and dismissal during the
regular tour.

     III. Positions of the Parties

     The Agency did not file a statement of position in this
case. In a written statement to the Union, the Agency, without
supporting arguments, declared the proposal nonnegotiable for the
following reasons:

     (1) It interferes with management rights to assign work and
direct employees under section 7106(a)(2)(A) and (B) of the
Statute;

     (2) It interferes with management's right to dete