45:0802(72)NG - - NAGE Local R12-33 and Navy, Naval Air Warfare Center Weapons Division, Point Mugu, CA - - 1992 FLRAdec NG - - v45 p802
[ v45 p802 ]
The decision of the Authority follows:
45 FLRA No. 72
FEDERAL LABOR RELATIONS AUTHORITY
NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES
U.S. DEPARTMENT OF THE NAVY
NAVAL AIR WARFARE CENTER
POINT MUGU, CALIFORNIA
DECISION AND ORDER ON A NEGOTIABILITY ISSUE
August 7, 1992
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). The appeal concerns the negotiability of a single proposal, which requires the Agency to reclassify certain positions. The Union did not file a reply brief. For the following reasons, we find that the proposal is nonnegotiable.
That Management reclassify a minimum of thirty (30) Firefighter, GS-081-05 positions to the GS-081-06 level and that if management requires the remaining GS-081-05 Firefighters to perform duties at the GS-081-06 level these positions shall also be reclassified to the GS-081-06 level.
III. Positions of the Parties
The Agency argues that the proposal concerns the classification of positions and, therefore, is nonnegotiable because it is excluded from the definition of conditions of employment by section 7103(a)(14) of the Statute. The Agency also contends that the proposal relates to grades of positions, which are negotiable only at the election of the Agency under section 7106(b)(1) of the Statute.
The Union notes that the dispute in this case arose when the Agency decided "to require all applicants for the position of Firefighter Driver/Operator GS-081-6 take and pass a written, as well as, a road test to