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55 FLRA No. 42
International Brotherhood of Electrical Workers and U.S. Dept. of the Army, Army Corps of Engineers, St. Louis District, St. Louis, Missouri, Case No. 0-NG-2400 (Decided February 26, 1999)
This case concerned one provision that was disapproved by the Agency head under section 7114(c) of the Statute. The provision defined the circumstances under which an emergency existed for purposes of determining when the parties may temporarily circumvent compliance with other provisions of their collective bargaining agreement. The Authority concluded that the provision was not contrary to law. The Authority directed the Agency to rescind its disapproval of the provision.
The Authority noted that section 7106(a)(2)(D) of the Statute specifies management's right to "take actions" during an emergency. Consistent with its plain wording, the Authority has held that, under this section, management has the right to decide what actions are necessary to carry out the agency's mission during emergencies. The Authority has also held that proposals and provisions that define "emergency" affect management's right under section 7106(a)(2)(D).
The provision in this case defines the term "emergency," in a way that, the parties agree, includes "all" emergencies. As the Agency could act in all emergencies, the definition would not affect the Agency's right to take action in such circumstances.