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-smoking.

B. Proposal 2

Should the Employer decide to make changes in the facilities to implement the GSA policy, the Employer will notify the Union prior to implementing any change and provide the Union with an opportunity to bargain.

III. Positions of the Parties

The Department of the Treasury, U.S. Customs Service (the Agency) asserts that the National Treasury Employees Union's (the Union) appeal should be dismissed because the proposals are not sufficiently specific and delimited in form and content so as to permit a negotiability determination. According to the Agency, a mere request to negotiate over