33:0183(20)NG - - NTEU and Treasury, Customs Service - - 1988 FLRAdec NG - - v33 p183


[ v33 p183 ]
33:0183(20)NG
The decision of the Authority follows:

33 FLRA No. 20

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

NATIONAL TREASURY EMPLOYEES UNION

and

DEPARTMENT OF THE TREASURY

U.S. CUSTOMS SERVICE

0-NG-1547

DECISION AND ORDER ON NEGOTIABILITY ISSUES

October 17, 1988

Before Chairman Calhoun and Member McKee.

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 the negotiability of two proposals. The proposals address the Agency's proposed smoking policy. For the reasons stated below, we find both proposals to be negotiable.

II. Proposals 1 and 2

A. Proposal 1

The Employer agrees to negotiate over the specific areas to be designated as smoking or non-sm