39:1441(124)NG - - AFGE Local 898 and DOL, Occupational Safety and Health Administration, Denver, CO - - 1991 FLRAdec NG - - v39 p1441
[ v39 p1441 ]
The decision of the Authority follows:
39 FLRA No. 124
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
U.S. DEPARTMENT OF LABOR
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
DECISION AND ORDER ON A NEGOTIABILITY ISSUE
March 25, 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 under section 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute (the Statute).(1)
This dispute arose as a result of the Agency's decision to divide its Region VIII Denver Area Office into two area offices--one to be located at the present Denver Area Office and the other to be located at a new location, the Littleton Area Office. The dispute concerns the negotiability of one proposal requiring the Agency to allow bargaining unit employees' grade and time spent at the Agency's Denver Area Office to be the determinative factors when deciding conflicts over the area office to which unit employees will be assigned.
For the following reasons, we find that the proposal is negotiable.
Although the Union did not submit a formal proposal, it states in its petition for review that it requested that
when the employees are split between the two offices [the Denver Area Office and the Littleton Area Office] that any conflict between employees wanting to go to the same office be resolved by GS grade and time in the Denver Area Office.
III. Positions of the Parties
As noted previously, the Agency did not file a statement of position. However, in its allegation of nonnegotiability dated October 15, 1990, the Agency stated that it was "management's position that the assignment of employees to an office is [an] assignment of work and is a management right and therefore non-negotiable."
The Union asserts that the proposal constitutes a "method of relocation" to be used when deciding the office to which a unit employee will be assigned following the realignment of an Agency Regional Office. Petition for Review. The Union further asserts that this method of relocation, requiring grade and time at a specific location to be the determinative factors, "has been agreed to in the past in [Region VIII] and other Regions of the Department of Labor." Id. The Union states that "[e]ach office is going to have the same number of employees with comparable grades." Id. The Union also states that the current employees are "fungible" and that "all compliance officers by grade do the same type of work and are considered equal." Id.
IV. Analysis and Conclusions
Where management determines that it is necessary for employees to perform the duties of their positions at different locations and that the employees to be selected for the assign