51:0003(1)NG - - Intl Federation of Professional and Technical Engineers, ( IFPTE )Local 49 and Army, South Pacific Division, San Francisco, CA - - 1995 FLRAdec NG - - v51 p3
[ v51 p3 ]
The decision of the Authority follows:
51 FLRA No. 1
FEDERAL LABOR RELATIONS AUTHORITY
INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS, LOCAL 49
U.S. DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, SOUTH PACIFIC DIVISION
SAN FRANCISCO, CALIFORNIA
DECISION AND ORDER ON A NEGOTIABILITY ISSUE
August 4, 1995
Before the Authority: Phyllis N. Segal, Chair; and Tony Armendariz, Member.
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 requests an Authority determination on the negotiability of one bargaining proposal, which would require the parties to use a particular Agency job description form (DA Form 374, dated June 1, 1976) to document certain agreements reached during negotiations over a reorganization. For the reasons which follow, we find that the proposal is negotiable.
Department of the Army Job Description (DA Form 374 dated 1 Jun. '76) will be used by the parties as the document to capture agreements made during negotiations regarding bargaining under the Statute and Executive Order 12871 regarding the reorganization of the South Pacific Division Laboratory, Sausalito, California.
III. Positions of the Parties
The Agency argues that the proposal does not concern conditions of employment of bargaining unit employees for two reasons. First, the Agency claims that the proposal requires bargaining over the content of job descriptions for supervisory personnel and employees who are in other bargaining units. Second, the Agency argues that the content of job descriptions is a matter related to the classification of positions, which is excluded from the definition of conditions of employment by section 7103(a)(14)(B) of the Statute. The Agency also contends that, by requiring the Agency to assign specific duties and responsibilities to specific employees, the proposal directly interferes with its rights to assign employees and to assign work under section 7106(a)(2)(A) and (B) respectively.
The Union asserts that the proposal requires that DA Form 374 be used "as the document to capture specific job position agreements reached between the parties when bargaining under Section 7106(b)(1) . . . over the reorganization of the South Pacific Division Laboratory, Sausalito, California." Petition for Review at 4. The Union states, in its Petition for Review, that the parties' negotiations may involve the contents of position descriptions. However, the Union states that this proposal seeks only "to formally document agreements" and does not concern the "negotiability of the substance of those agreements." Union's Reply Brief at 2. The Union states that it does not intend, and the proposal's wording does not require, that the Agency negotiate over the contents of job descriptions.(1)