DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS NORTHERN IDAHO AGENCY LAPWAI, IDAHO and LOCAL 265, NATIONAL FEDERATION OF FEDERAL EMPLOYEES
In the Matter of )
DEPARTMENT OF THE INTERIOR )
BUREAU OF INDIAN AFFAIRS )
NORTHERN IDAHO AGENCY )
LAPWAI, IDAHO )
LOCAL 265, NATIONAL FEDERATION )
OF FEDERAL EMPLOYEES )
) Case No. 90 FSIP 111
Local 265, National Federation of Federal Employees (Union), filed a request for assistance with the Federal Service Impasses Panel (Panel) to consider a negotiation impasse under section 7119 of the Federal Service Labor-Management Relations Statute (Statute) between it and the Department of the Interior, Bureau of Indian Affairs, Northern Idaho Agency, Lapwai, Idaho (Employer).
The Panel determined that the impasse should be resolved pursuant to written submissions from the parties with the Panel to take whatever action it deemed appropriate to resolve the impasse. Submissions were made pursuant to these procedures and the Panel has considered the entire record.
The Employer's mission is to provide services to the Nez Pierce, Coeur D'Alene, and Kootenai Indian tribes whose members live on approximately 158,000 acres of reservation land in northern Idaho. The Employer provides law enforcement, social and environmental services, and assistance in managing forestry programs on the reservations. Employees are part of a nationwide
consolidated bargaining unit of approximately 10,000 in the Bureau of Indian Affairs (BIA); the Northern Idaho Agency employs about 47 General Schedule and Wage Grade employees who hold positions such as law enforcement officer, forester, secretary, clerk, teller, and social worker.
The master collective-bargaining agreement (CBA) between
the National Federation of Federal Employees and BIA, which was
to expire in May 1989, has been extended until its successor is
executed. There is also in effect a November 16, 1988, supplemental agreement to the master CBA which authorizes the parties at the local levels to negotiate over alternative work schedules (AWS).
The dispute herein arose during negotiations over AWS
pursuant to the supplemental agreement, and concerns, essentially, whether employees should be permitted to experiment with a variety of work schedules.
The parties disagree over whether they should conduct a
work schedule experiment where employees would be given the
option of working, in addition to the current schedule of 5
8-hour days per week, a 4-day workweek consisting of 10-hour
days or a schedule with flexible starting hours.
1. The Union's Position
The Union proposes to conduct an experiment during Daylight
Saving Time beginning in 1990, whereby in addition to the standard 8-hour workday from 8 a.m. to 4:30 p.m., employees could request to work either a 10-hour day, 4-day workweek, or an 8-hour day with flexible hours; the lunch period for the latter two options could be up to 2 hours, provided employees work the requisite number of hours in a day under their schedule. The Employer retains authority to approve or disapprove work schedules; in the event of inadequate coverage under a 10-hour-day schedule, the employee would revert to a flexible work schedule. Con