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58 FLRA No. 24
AFGE, Local 701, Council of Prison Locals 33and U. S. Dept. of Justice, Federal Bureau of Prisons, Federal Correctional InstitutionPekin, Illinois, Case No. 0-NG- 2619 (Decided September 30, 2002)
This case concerned the negotiability of three provisions disapproved by the Agency head under § 7114(c) of the Statute. The Authority found Provisions 1 and 3 contrary to law. The Authority found that Provision 1 affected management's right to assign work, and that Provision 3 affected management's right to determine its internal security practices. As to the latter, the Authority also found that it was not a procedure under § 7106(b)(2).
Provision 2 was found not contrary to law, and the Agency was ordered to rescind its disapproval. Although the Authority found that Provision 2 affected management's right to determine its internal security practices, the Authority found that the provision constituted an appropriate arrangement under § 7106(b)(3) of the Statute. The Authority concluded that because the provision preserved the Agency's ability to deny employee requests or impose safeguards, on balance, the benefit to employees outweighed the intrusion on management's right.