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 ]
45:0802(72)NG
The decision of the Authority follows:


45 FLRA No. 72

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES

LOCAL R12-33

(Union)

and

U.S. DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER

WEAPONS DIVISION

POINT MUGU, CALIFORNIA

(Agency)

0-NG-2036

_____

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.

II. Proposal

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

A. Agency

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.

B. Union

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