File 2: Opinion of Chairman Cabaniss and Opinion of Member Pope

[ v58 p135 ]


Opinion of Chairman Cabaniss, concurring in part and dissenting in part:

      I write in concurrence to address a different consideration for why Provision 1 is outside of the Agency's duty to bargain because of the provision's conflict with the Agency's right to assign work under § 7106(a)(2)(B). I also write in dissent as to why I believe Provision 2 is outside of the Agency's duty to bargain because of the provision's conflict with the Agency's right to determine its internal security practices under § 7106(a)(1).

      The most troubling aspect of Provision 1 is its impact on the Agency's ability to determine the timing of the work to be done by the military reservist employees and their co-workers, the timing of whose own work schedules will be affected by this provision as well, since the absence (or presence) of military reservists employees in the work site has an effect on the Agency's timing of when it has other employees show up for work, lest the Agency be confronted with too many employees on one shift for the work to be done at that time, and too few employees on the other work shift for the work to be done during that period.

      The Authority has consistently found to be outside the duty to bargain those proposals/provisions that guarantee an employee the right to not be assigned work on a certain day. See, e.g., Bremerton Metal Trades Council and Naval Supply Center Puget Sou