National Federation of Federal Employees, Local 1624 (Labor Organization) and Air Force Contract Management Division, Hagerstown, Maryland (Activity)  

 3 FLRA No. 20
 
 NATIONAL FEDERATION OF
 FEDERAL EMPLOYEES, LOCAL 1624
 (Labor Organization)
 
 and
 
 AIR FORCE CONTRACT MANAGEMENT
 DIVISION, HAGERSTOWN, MARYLAND
 (Activity)
 
                                            Case No. 0-NG-74
 
                      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. 7101 ET SEQ.).
 
                              UNION PROPOSAL
 
    EMPLOYEES WHO ARE TEMPORARILY UNABLE TO PERFORM THEIR REGULARLY
 ASSIGNED DUTIES BECAUSE OF
 
    ILLNESS OR INJURY, BUT WHO ARE CAPABLE OF RETURNING TO OR REMAINING
 IN A DUTY STATUS, WILL BE
 
    DETAILED TO WORK ASSIGNMENTS COMPATIBLE WITH THEIR PHYSICAL
 CONDITIONS OR THEIR REGULARLY
 
    ASSIGNED DUTIES WILL BE TAILORED TO THEIR PHYSICAL LIMITATIONS.
 
                    QUESTION HERE BEFORE THE AUTHORITY
 
    THE QUESTION IS WHETHER THE UNION'S PROPOSAL WOULD VIOLATE
 MANAGEMENT'S RIGHTS UNDER SECTION 7106 OF THE STATUTE, AS ALLEGED BY THE
 AGENCY AND IS THEREFORE NOT WITHIN THE DUTY TO BARGAIN. /1/
 
    CONCLUSION:  THE PROPOSAL WOULD VIOLATE MANAGEMENT'S RIGHT TO ASSIGN
 EMPLOYEES AND TO ASSIGN WORK UNDER SECTION 7106(A)(2)(A) AND (B) OF THE
 STATUTE.  ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S
 RULES AND REGULATIONS (45 FED.REG. 3513(1980)), THE AGENCY'S ALLEGATION
 THAT THE DISPUTED PROPOSAL IS NOT WITHIN THE DUTY TO BARGAIN IS
 SUSTAINED.
 
    REASONS:  THE PROPOSAL IN DISPUTE ESSENTIALLY STATES TWO ALTERNATIVE
 ACTIONS BETWEEN WHICH MANAGEMENT MUST CHOOSE FOR EMPLOYEES WHO ARE
 TEMPORARILY UNABLE TO PERFORM THEIR REGULARLY ASSIGNED DUTIES BECAUSE OF
 ILLNESS OR INJURY, BUT WHO ARE CAPABLE OF RETURNING TO OR REMAINING IN A
 DUTY STATUS:  1. THEY WILL BE DETAILED TO WORK ASSIGNMENTS COMPATIBLE
 WITH THEIR PHYSICAL CONDITIONS;  OR 2. THEIR REGULARLY ASSIGNED DUTIES
 WILL BE TAILORED TO THEIR PHYSICAL LIMITATIONS.
 
    IN AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO AND AIR FORCE
 LOGISTICS COMMAND, WRIGHT-PATTERSON AIR FORCE BASE, OHIO, /2/ THE
 AUTHORITY GENERALLY STATED WITH RESPECT TO MANAGEMENT'S RIGHT TO ASSIGN
 EMPLOYEES UNDER SECTION 7106(A)(2)(A) OF THE STATUTE THAT "THE RIGHT TO
 ASSIGN AN EMPLOYEE TO A POSITION INCLUDES THE DISCRETION TO DETERMINE
 WHICH EMPLOYEE WILL BE ASSIGNED. /3/
 
    IN THAT CASE THE AUTHORITY ALSO STATED THE FOLLOWING WITH REFERENCES
 TO MANAGEMENT'S RIGHT TO ASSIGN WORK UNDER SECTION 7106(A)(2)(B) OF THE
 STATUTE:  /4/
 
    THE ASSIGNMENT OF WORK TO EMPLOYEES OR POSITIONS IS A RIGHT RESERVED
 TO MANAGEMENT UNDER
 
    SECTION 7106(A) OF THE STATUTE.  THE REDESIGN OF A POSITION OR A JOB
 REQUIRES, AMONG OTHER
 
    THINGS, A DETERMINATION OF THE WORK WHICH WILL BE ASSIGNED TO THE
 POSITION OR EMPLOYEE
 
    INVOLVED.  THUS, A PROPOSAL TO REDESIGN A POSITION OR JOB IN A
 PARTICULAR MANNER WOULD
 
    CONFLICT WITH MANAGEMENT'S RIGHT TO ASSIGN WORK BY PRESCRIBING THE
 WORK TO BE ASSIGNED.
 
    BASED UPON THE ABOVE, THE FIRST ALTERNATIVE PROVIDED BY THE PROPOSAL
 IN DISPUTE, NAMELY, THAT MANAGEMENT MUST DETAIL THE SUBJECT EMPLOYEES TO
 PARTICULAR TYPES OF POSITIONS OR WORK ASSIGNMENTS, WOULD VIOLATE
 MANAGEMENT'S RIGHT TO ASSIGN EMPLOYEES UNDER SECTION 7106(A)(2)(A) OF
 THE STATUTE.  THE SECOND AND ONLY OTHER ALTERNATIVE PROVIDED UNDER THE
 PROPOSAL, NAMELY, THAT MANAGEMENT MUST "TAILOR," OR REDESIGN, THE DUTIES
 OF A POSITION SPECIFICALLY FOR THE SUBJECT EMPLOYEES, WOULD VIOLATE
 MANAGEMENT'S RIGHT TO ASSIGN WORK UNDER SECTION 7106(A)(2)(B) OF THE
 STATUTE.
 
    THE UNION CONTENDS THAT THE PROPOSAL IS NEGOTIABLE AS A HEALTH AND
 SAFETY MEASURE.  THIS CHARACTERIZATION DOES NOT AFFECT THE REQUIREMENTS,
 PURSUANT TO SECTION 7117 OF THE STATUTE, THAT SUCH PROPOSALS ARE
 NEGOTIABLE ONLY INSOFAR AS THEY ARE NOT INCONSISTENT WITH FEDERAL LAW,
 GOVERNMENT-WIDE RULE OR REGULATION, OR AGENCY RULE OR REGULATION FOR
 WHICH A COMPELLING NEED EXISTS.  AS STATED ABOVE, IT IS THE AUTHORITY'S
 DETERMINATION THAT THE INSTANT PROPOSAL WOULD VIOLATE SECTION
 7106(A)(2)(A) AND (B) OF THE STATUTE AND, THEREFORE, THAT IT IS NOT
 WITHIN THE DUTY TO BARGAIN.
 
    ISSUED, WASHINGTON, D.C., MAY 8, 1980
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
    /1/ SECTION 7106 OF THE STATUTE PROVIDES IN RELEVANT PART, AS
 FOLLOWS:
 
    SEC. 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--
 
   .          .          .          .
 
 
    (2) IN ACCORDANCE WITH APPLICABLE LAWS--
 
    (A) TO HIRE, ASSIGN, . . . AND RETAIN EMPLOYEES . . . ;
 
    (B) TO ASSIGN WORK . . . .
 
    /2/ CASE NO. 0-NG-40, 2 FLRA NO. 77 (JAN. 31, 1980).
 
    /3/ ID. AT P. 10 OF DECISION.
 
    /4/ ID. AT P. 18 OF DECISION.