39:1276(111)NG - - AFGE Local 3457 and DOI, Minerals Management Service, New Orleans, LA - - 1991 FLRAdec NG - - v39 p1276
[ v39 p1276 ]
The decision of the Authority follows:
39 FLRA No. 111
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
U.S. DEPARTMENT OF THE INTERIOR
MINERALS MANAGEMENT SERVICE
NEW ORLEANS, LOUISIANA
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) and concerns the negotiability of one proposal regarding the implementation of the Agency's drug testing program.(1)
Section 1. General
The employer agrees that the establishment and administration of its drug abuse testing program will be done in strict compliance with the U.S. Constitution and all applicable laws, rules and regulations and this agreement.
III. Positions of the Parties
The Agency contends that the proposal is nonnegotiable because it is inconsistent with Executive Order 12564 and interferes with management's right to determine its internal security practices under section 7106(a)(1) of the Statute.
Specifically, the Agency asserts that ina