American Federation of Government Employees, AFL-CIO, Local 15 (Union) and Department of Treasury, Internal Revenue Service, North Atlantic Region (Activity)  

 2 FLRA No. 109
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 15
 (Union)
 
 and
 
 DEPARTMENT OF THE TREASURY, INTERNAL
 REVENUE SERVICE, NORTH ATLANTIC REGION
 (Activity)
 
                                            Case No. O-NG-137
 
                      DECISION ON NEGOTIABILITY ISSUE
 
    THIS CASE COMES BEFORE THE FEDERAL LABOR RELATIONS AUTHORITY (THE
 AUTHORITY) PURSUANT TO SECTION 7105(A)(2)(E) OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. SECTION 7101 ET SEQ.).
 
    ON OR ABOUT FEBRUARY 20, 1979, THE ACTIVITY NOTIFIED THE UNION THAT,
 EFFECTIVE JUNE 30, 1979, THE INTERNAL REVENUE SERVICE (IRS OR THE
 AGENCY) INTENDED TO IMPLEMENT MANUAL SUPPLEMENT 1(16) G-40, ENTITLED
 "SERVICE-WIDE IMPLEMENTATION OF IRS INDENTIFICATION CARD/BADGE," WHICH
 WOULD REQUIRE ALL EMPLOYEES TO WEAR AND VISIBLY DISPLAY IDENTIFICATION
 CARD/BADGES ABOVE THE WAIST, EITHER BY CLIPPING THEM TO AN ITEM OF
 CLOTHING OR FASTENING THEM TO A CHAIN WORN AROUND THE NECK.  THE UNION'S
 PROPOSAL SET FORTH BELOW WAS SUBMITTED IN RESPONSE TO SUCH NOTIFICATION.
 
                              UNION PROPOSAL
 
    ALL IDENTIFICATION CARDS BE DONE AWAY WITH FOR THE APPEALS BRANCH
 OFFICES IN BOSTON, BUFFALO, NEW HAVEN AND LONG ISLAND.
 
    ALTERNATIVELY, CREDENTIALS BE ISSUED TO ALL "COVERED EMPLOYEES," WITH
 INSTRUCTIONS TO CARRY THEM AND PRODUCE THEM, IF CHALLENGED.
 
    ALTERNATIVELY, IDENTIFICATION CARDS BE ISSUED IN SUCH OFFICES, WITH
 INSTRUCTIONS TO CARRY THEM AND PRODUCE THEM, IF CHALLENGED.
 
                    QUESTION HERE BEFORE THE AUTHORITY
 
    THE QUESTION IS WHETHER THE UNION'S PROPOSAL IS WITHIN THE DUTY TO
 BARGAIN UNDER SECTION 7106(B)(2) OF THE STATUTE OR IS OUTSIDE THE DUTY
 TO BARGAIN UNDER SECTION 7106(A)(1), AS ALLEGED BY THE AGENCY.  /1/
 
    CONCLUSION:  THE UNION'S PROPOSAL VIOLATES MANAGEMENT'S RIGHT TO
 DETERMINE THE INTERNAL SECURITY PRACTICES OF THE AGENCY UNDER SECTION
 7106(A)(1) OF THE STATUTE.  ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF
 THE AUTHORITY'S RULES AND REGULATIONS (45 FED.REG. 3482 ET SEQ. (1980)),
 THE AGENCY'S ALLEGATION THAT THE DISPUTED PROPOSAL IS NOT WITHIN THE
 DUTY TO BARGAIN IS SUSTAINED.
 
    REASONS:  THE AGENCY CONTENDS THAT THE UNION'S PROPOSAL INFRINGES ON
 MANAGEMENT'S RIGHT UNDER SECTION 7106(A)(1) OF THE STATUTE TO DETERMINE
 THE INTERNAL SECURITY PRACTICES OF THE AGENCY.  MORE SPECIFICALLY, THE
 AGENCY ASSERTS THAT THE UNION'S PROPOSAL DOES NOT RELATE TO THE
 PROCEDURES (AS DESCRIBED IN SECTION 7106(B)(2) OF THE STATUTE) FOR
 IMPLEMENTING MANAGEMENT'S DECISION TO REQUIRE ALL EMPLOYEES TO WEAR
 IDENTIFICATION CARD/BADGES, BUT INSTEAD GOES TO THE SUBSTANCE OF
 MANAGEMENT'S DECISION ITSELF.  IN THIS REGARD, THE AGENCY ARGUES THAT
 THE UNION'S PROPOSAL, BY ITS EXPRESS TERMS, WOULD REQUIRE THAT ALL
 IDENTIFICATION CARD/BADGES "BE DONE AWAY WITH" OR, ALTERNATIVELY, THAT
 CREDENTIALS OR ID CARDS BE ISSUED TO THE EMPLOYEES WITH INSTRUCTIONS
 THAT THE EMPLOYEES CARRY THEM AND PRESENT THEM ONLY IF CHALLENGED, AND
 THAT SUCH PROPOSAL THEREFORE GOES TO THE HEART OF MANAGEMENT'S DECISION
 TO REQUIRE ALL EMPLOYEES TO WEAR CLEARLY VISIBLE IDENTIFICATION
 CARD/BADGES.  IN ITS PETITION FOR REVIEW, THE UNION "AGREES THAT
 (INTERNAL) SECURITY PRACTICES FALL WITHIN THE PURVIEW OF (M)ANAGEMENT,"
 BUT CONTENDS THAT "THE METHODS THAT (M)ANAGEMENT USES TO IMPLEMENT ITS
 SECURITY PROGRAM * * * ARE THE PROPER CONCERN OF THE (U)NION." THAT IS,
 THE UNION ASSERTS THAT ITS PROPOSAL SETS FORTH "PROCEDURES" CONCERNING
 HOW THE IDENTIFICATION CARDS OR CREDENTIALS WILL BE CARRIED AND, AS
 SUCH, IS FULLY NEGOTIABLE.
 
    BASED UPON THE POSITIONS OF THE PARTIES AS SET FORTH ABOVE, THERE IS
 NO DISPUTE THAT MANAGEMENT HAS THE RIGHT TO DETERMINE THE INTERNAL
 SECURITY PRACTICES OF THE AGENCY.  IN THE INSTANT CASE, THE REGULATION
 ENTITLED "SERVICE-WIDE IMPLEMENTATION OF IRS IDENTIFICATION CARD/BADGE"
 CLEARLY CONCERNS THE INTERNAL SECURITY PRACTICES OF THE AGENCY.  THAT
 IS, THE REGULATION DIRECTLY RELATES TO AND IS PART OF THE AGENCY'S PLAN
 TO PREVENT DISRUPTION, DISCLOSURE OR PROPERTY DESTRUCTION AT ITS
 FACILITIES, AND MORE SPECIFICALLY TO PROTECT THE PRIVACY OF TAXPAYERS BY
 GUARDING AGAINST THE UNAUTHORIZED DISCLOSURE OF TAXPAYERS BY GUARDING
 AGAINST THE UNAUTHORIZED DISCLOSURE OF TAX INFORMATION.  MOREOVER, FOR
 THE REASONS SET FORTH BELOW, THE UNION'S RIGHT UNDER SECTION 7106(B)(2)
 OF THE STATUTE TO NEGOTIATE PROCEDURES WHICH MANAGEMENT WILL OBSERVE IN
 EXERCISING ITS RIGHT UNDER SECTION 7106(A)(1) TO DETERMINE THE AGENCY'S
 INTERNAL SECURITY PRACTICES DOES NOT ENCOMPASS THE SPECIFIC PROPOSAL IN
 THE INSTANT CASE.
 
    THE FIRST SENTENCE OF THE DISPUTED PROPOSAL WOULD EXPRESSLY REQUIRE
 THAT "(A)LL IDENTIFICATION CARDS BE DONE AWAY WITH," AND THEREFORE WOULD
 CLEARLY CONFLICT WITH MANAGEMENT'S DECISION TO ESTABLISH AN INTERNAL
 SECURITY PRACTICE REQUIRING ALL EMPLOYEES TO WEAR AND VISIBLY DISPLAY
 IDENTIFICATION CARD/BADGES.  A PROPOSAL WHICH HAS THE EFFECT OF NEGATING
 OR REVERSING MANAGEMENT'S DECISION ITSELF DOES NOT INVOLVE MERELY A
 PROCEDURE WHICH MANAGEMENT WILL OBSERVE IN EXERCISING THE RESERVED RIGHT
 IN QUESTION BUT CONSTITUTES AN IMPROPER ATTEMPT TO NEGOTIATE WITH
 RESPECT TO THE DECISION ITSELF.
 
    SIMILARLY, THE UNION'S ALTERNATIVE PROPOSAL THAT CREDENTIALS OR
 IDENTIFICATION CARDS BE ISSUED TO EMPLOYEES WITH INSTRUCTIONS "TO CARRY
 THEM AND PRODUCE THEM, IF CHALLENGED, "WOULD EFFECTIVELY NEGATE
 MANAGEMENT'S DECISION TO ESTABLISH AN INTERNAL SECURITY PRACTICE
 REQUIRING ALL EMPLOYEES TO WEAR AND VISIBLY DISPLAY IDENTIFICATION
 CARD/BADGES AT ALL TIMES.  THAT IS, SUCH PROPOSAL WOULD CONFLICT WITH
 MANAGEMENT'S DETERMINATION THAT THE VISIBLE DISPLAY OF IDENTIFICATION
 CARD/BADGES IS AN ESSENTIAL COMPONENT OF THE AGENCY'S INTERNAL SECURITY
 PRACTICES AND THEREFORE WOULD INTERFERE WITH THE RESERVED MANAGEMENT
 RIGHT UNDER SECTION 7106 (A)(1) OF THE STATUTE "TO DETERMINE THE * * *
 INTERNAL SECURITY PRACTICES OF THE AGENCY." ACCORDINGLY, THE AGENCY'S
 ALLEGATION THAT THE DISPUTED PROPOSAL IS NOT WITHIN THE DUTY TO BARGAIN
 MUST BE SUSTAINED.
 
    ISSUED, WASHINGTON, D.C., MARCH 14, 1980
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                         HENRY B. FRAZIER, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
    /1/ SECTION 7106 OF THE STATUTE PROVIDES, IN PERTINENT PART, AS
 FOLLOWS:
 
    SECTION 7106.  MANAGEMENT RIGHTS
 
    (A) SUBJECT TO SUBSECTION (B) OF THIS SECTION, NOTHING IN THIS
 CHAPTER SHALL AFFECT THE AUTHORITY OF ANY MANAGEMENT OFFICIAL OF ANY
 AGENCY--
 
    (1) TO DETERMINE THE MISSION, BUDGET, ORGANIZATION, NUMBER OF
 EMPLOYEES, AND INTERNAL
 
    SECURITY PRACTICES OF THE AGENCY(.)
 
   *          *          *          *
 
 
    (B) NOTHING IN THIS SECTION SHALL PRECLUDE ANY AGENCY AND ANY LABOR
 ORGANIZATION FROM NEGOTIATING--
 
   *          *          *          *
 
 
    (2) PROCEDURES WHICH MANAGEMENT OFFICIALS OF THE AGENCY WILL OBSERVE
 IN EXERCISING ANY
 
    AUTHORITY UNDER THIS SECTION(.)