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55 FLRA No. 40
AFGE, Local 1917 and U.S. Dept. of Justice Immigration and Naturalization Service New York, New York, Case No. O-NG-2319 (Decided February 26, 1999)
This case concerned the negotiability of one proposal. The Authority found that the proposal was negotiable only at the election of the Agency under section 7106(b)(1) of the Statute. Accordingly, the petition for review was dismissed.
The Authority first determined that the proposal concerned unit employees' conditions of employment. The Authority found that the proposal affected the exercise of a management right under section 7106(a), and that it was not an appropriate arrangement under section 7106(b)(3) of the Statute. Lastly, the Authority concluded that the proposal was electively negotiable under section 7106(b)(1) of the Statute. The Authority noted that if a proposal prescribes the use of particular instrumentalities for mission-related purposes, it concerns the means of performing work within the meaning of section 7106(b)(1). The fact that those purposes may be related to the agency's internal security policies does not make the proposal any less a section 7106(b)(1) matter. Accordingly, the Authority found that the proposal was electively negotiable under section 7106(b)(1) of the Statute.