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55 FLRA No.11
International Federation of Professional and Technical Engineers Local 49 and U.S. Dept. of the Army, Army Corps of Engineers South Pacific Division San Francisco, California, Case No. 0-NG-2420,0-NG-2421 0- NG-2422, 0-NG-2423 (Decided December 24, 1998)
The proposals in these cases specified the number of personnel with a specific job title that would be assigned to an organizational element to accomplish a particular workload. The Authority concluded that the proposals were negotiable only at the election of the Agency under section 7106(b)(1) of the Statute.
The Authority found that the proposals in these cases would require the Agency to assign work to additional employees, where the Agency had determined that it was not operationally efficient to do so. The proposals also required that bargaining unit employees occupying specific positions be assigned particular duties. The Authority found that the proposals affected the right to assign work under section 7106(a)(2)(B) of the Statute and were outside the duty to bargain.
Noting that section 7106(b)(1) makes bargainable at the election of the agency proposals that concern the numbers, types, and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, the Authority concluded that the Proposals here concerned the numbers, types, and grades of employees or positions assigned to an organizational subdivision under section 7106(b)(1).