DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION MID-PACIFIC REGION SACRAMENTO, CALIFORNIA and LOCAL 951, NATIONAL FEDERATION OF FEDERAL EMPLOYEES, FEDERAL DISTRICT 1, IAMAW, AFL-CIO

United States of America

BEFORE THE FEDERAL SERVICE IMPASSES PANEL


In the Matter of

DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
MID-PACIFIC REGION
SACRAMENTO, CALIFORNIA

and

LOCAL 951, NATIONAL FEDERATION OF
  FEDERAL EMPLOYEES, FEDERAL
  DISTRICT 1, IAMAW, AFL-CIO

 

Case No. 05 FSIP 29

DECISION AND ORDER

    Local 951, National Federation of Federal Employees, Federal District 1, IAMAW, AFL-CIO (Union), filed a request for assistance with the Federal Service Impasses Panel (the Panel) to consider a negotiation impasse under Federal Labor-Management Relations Statute (the Statute), between it and the Department of the Interior, Bureau of Reclamation, Mid-Pacific Region, Sacramento, California (Employer).

    Following an investigation of the request for assistance concerning the implementation of maxiflex work schedules (MWS), a type of alternative work schedule (AWS), the Panel determined that the matter should be resolved through single written submissions. The parties were informed that after considering the entire record, the Panel would take whatever action it deems appropriate to settle the matter, which may include the issuance of a Decision and Order. Written submissions were received from the parties in accordance with the Panel's determination, and it has now considered the entire record.

BACKGROUND

    The Employer's mission is to manage, develop, and protect, for the public welfare, water and related resources in an environmentally and economically sound manner. The Mid-Pacific Region comprises California, Oregon, and Nevada. The Union represents approximately 450 employees who typically work as natural resources specialists, civil engineers, park rangers, tour guides, and in various support staff positions, at grades GS-4 through -12. The bargaining unit also includes a few employees in trades and crafts positions, at grades WG-3 through -8. The collective bargaining agreement (CBA) covering these parties expired on September 25, 2004. The implementation of MWS is the only issue remaining from the parties' successor CBA negotiations.

ISSUE AT IMPASSE

    The parties disagree over whether to add MWS to the hours of work options outlined in Article 18, § 1(b) of the CBA.

POSITIONS OF THE PARTIES

1. The Union's Position

The Union proposes to add the following wording to the CBA:

Maxiflex: A flexible schedule. The employee may vary length of the workweek, as well as the workday daily. The employee may vary the number of hours per day and the number of days per week. The employee must account for at least 80 hours per pay period between the hours of 6 am and 6 pm on 3 workdays per workweek.

The Union argues that its proposal should be adopted because implementation of MWS would assist in reducing traffic congestion and lowering pollution levels. Further, it would create more flexibility for employees to "cope with worsening traffic commute patterns while family responsibilities increase." Under the proposal, the Employer's discretion to approve or deny an application to participate in MWS, based on "adequate work-related rationale," is preserved. The Union also recognizes that all offices and field operations must be adequately staffed. To achieve this end, the current CBA wording permits the Employer to "change or modify changes of AWS to meet work objectives of any unit based on productivity, level of direct or indirect services furnished to the public, and cost of operations, other than reasonable administrative costs."

2. The Employer's Position