39:1272(110)NG - - NFFE, Local 341 and Interior, Bureau of Indian Affairs, Wapato Irrigation Project, Wapato, WA - - 1991 FLRAdec NG - - v39 p1272
[ v39 p1272 ]
The decision of the Authority follows:
39 FLRA No. 110
FEDERAL LABOR RELATIONS AUTHORITY
NATIONAL FEDERATION OF FEDERAL EMPLOYEES
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
WAPATO IRRIGATION PROJECT
DECISION AND ORDER ON NEGOTIABILITY ISSUE
March 18, 1991
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
This case is before the Authority on a negotiability appeal filed by the Union under section 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute (the Statute). It concerns one proposal which would require that the Agency not conduct a reduction-in-force in order to convert certain employees from full-time status to seasonal status.
For the following reasons, we conclude that the proposal is negotiable.
Management shall not conduct a Reduction in Force for the purpose of converting the Wapato Irrigation Project employees from their present fulltime status to seasonal status.
III. Positions of the Parties
The Agency did not file a statement of position. However, in its response to the Union's request for an allegation of negotiability, the Agency contended that the proposal was nonnegotiable because it "conflicts with certain Management Rights as outlined in 5 U.S.C. 7106(a)(2) and Article 4, Section 1 of the Master Agreement." Attachment 2 to the Petition for Review at 1.
The Union contends that the parties "negotiate pay and pay practices" under section 9(b) of the Prevailing Rate Systems Act, Pub. L. No. 92-392, codified at 5 U.S.C. º 5343 (Amendments) and that "this matter" was the subject of negotiation prior to August 19, 1972. Petition for Review at 1-2. The Union also asserts that the proposal is a pay practice because the employment status of an employee--full-time verses seasonal--has a "direct effect on one's income[.]" Id. at 1.
IV. Analysis and Conclusions
The Union asserts, without contradiction by the Agency, that the Agency is obligated to bargain on the proposal under section 9(b) of the Prevailing Rate Systems Act, Pub. L. No. 92-392, codified at 5 U.S.C. º 5343 (Amendments) because it concerns a matter which the parties negotiated prior to August 19, 1972.
Section 704(a) of the Civil Service Reform Act (CSRA) provides that agencies must continue to negotiate on those terms and conditions of employment and other employment benefits, with respect to prevailing rate employees to whom section 9(b) of Pub. L. No. 92-392 applies, which were the subject of negotiation in accordance with prevailing rates and practices prior to Augus