American Federation of Government Employees, International Council of U.S. Marshals Service Locals (Union) and Department of Justice, U.S. Marshals Service (Agency)

 4 FLRA No. 52
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO,
 INTERNATIONAL COUNCIL OF U.S. MARSHALS
 SERVICE LOCALS
 Union
 
 and
 
 DEPARTMENT OF JUSTICE,
 U.S. MARSHALS SERVICE
 Agency
 
                                            Case No. O-NG-117
 
                DECISION AND ORDER ON NEGOTIABILITY ISSUES
 
    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 (THE STATUTE) (5 U.S.C. 7101 ET
 SEQ.).
 
                             UNION PROPOSAL I
 
               ARTICLE XXI - HEALTH AND SAFETY - SECTION 10
 
    ALL U.S.M.S. UNIT PERSONNEL WHO ARE AUTHORIZED TO CARRY FIREARMS WILL
 QUALIFY AT LEAST
 
    ANNUALLY WITH THEIR ASSIGNED OR AUTHORIZED WEAPONS ON A COURSE
 SPECIFIED BY THIS
 
    SERVICE.  UNIT PERSONNEL WILL BE PROVIDED WITH THE TIME, OPPORTUNITY
 AND NECESSARY AMMUNITION
 
    TO PRACTICE WITH THEIR WEAPON(S) AT LEAST EVERY FOUR (4) MONTHS, AND
 TO EXCEED THIS
 
    REQUIREMENT WHERE WORKLOAD FACILITIES AND FUNDS PERMIT, IN ORDER TO
 MAINTAIN NECESSARY
 
    PROFICIENCY:
 
    PERSONNEL WHO ARE IN DISTRICT OFFICES AND/OR HEADQUARTERS MAY USE
 PRIVATELY OWNED FIREARMS
 
    GENERALLY IN CALIBERS OF 38/357 OR 9 MM SO LONG AS:
 
    A.  THE EMPLOYEE HAS QUALIFIED WITH THE WEAPON IN QUESTION WITHIN THE
 PAST YEAR.
 
    B.  FACTORY AMMUNITION OF THE NON-MAGNUM TYPE IS USED THAT IS
 COMPATIBLE WITH THE WEAPON.
 
    C.  OTHER TYPES OF WEAPONS OF REPUTABLE MANUFACTURE AND MAINTAINED IN
 GOOD OPERATING
 
    CONDITION.
 
                    QUESTION HERE BEFORE THE AUTHORITY
 
    THE QUESTION IS WHETHER THE FIRST PARAGRAPH OF UNION PROPOSAL I
 VIOLATES THE RIGHT OF THE AGENCY TO ASSIGN WORK UNDER SECTION
 7106(A)(2)(B) OF THE STATUTE /1/ AS ALLEGED BY THE AGENCY.  WITH RESPECT
 TO THE SECOND PARAGRAPH OF UNION PROPOSAL I, THE QUESTION IS WHETHER IT
 IS NEGOTIABLE ONLY AT THE ELECTION OF THE AGENCY UNDER SECTION
 7106(B)(1) OF THE STATUTE.  /2/
 
                                  OPINION
 
    CONCLUSION AND ORDER:  THE FIRST PARAGRAPH OF UNION PROPOSAL I
 VIOLATES THE RIGHT OF THE AGENCY TO ASSIGN WORK UNDER SECTION
 7106(A)(2)(B) OF THE STATUTE AND THEREFORE THE DUTY TO BARGAIN DOES NOT
 EXTEND TO THIS MATTER.  THE SECOND PARAGRAPH OF UNION PROPOSAL I
 CONCERNS A MATTER WHICH IS BARGAINABLE ONLY AT THE ELECTION OF THE
 AGENCY UNDER SECTION 7106(B)(1) OF THE STATUTE AND THE AGENCY HAS
 DECLINED TO BARGAIN ON THE MATTER.  ACCORDINGLY, PURSUANT TO SECTION
 2424.10 OF THE AUTHORITY'S RULES AND REGULATIONS (5 CFR 2424.10, AS
 AMENDED BY 45 FED.REG. 48,575(1980)), IT IS ORDERED THAT THE PORTION OF
 THE UNION'S PETITION FOR REVIEW RELATING TO UNION PROPOSAL I BE
 DISMISSED.
 
    REASONS:  THE FIRST PARAGRAPH OF UNION PROPOSAL I DEALS WITH
 QUALIFICATION AND TRAINING ON FIREARMS BY ALL BARGAINING UNIT PERSONNEL
 WHO ARE AUTHORIZED TO CARRY SUCH WEAPONS.  THE PROPOSAL MANDATES THAT
 SUCH UNIT EMPLOYEES WILL QUALIFY WITH THEIR WEAPONS ON A FIRING RANGE AT
 LEAST ONCE EACH YEAR AND WOULD FURTHER OBLIGATE MANAGEMENT TO PROVIDE
 THE TIME, OPPORTUNITY AND AMMUNITION FOR EACH EMPLOYEE TO PRACTICE WITH
 HIS OR HER WEAPON AT LEAST ONCE EVERY FOUR MONTHS.  THUS, THE PROPOSAL
 WOULD REQUIRE MANAGEMENT TO ASSIGN SPECIFIED TYPES OF WORK TO CERTAIN
 EMPLOYEES, I.E., THE ASSIGNMENT OF PRACTICE AND QUALIFICATION WEAPONS
 FIRING TO THE EXCLUSION OF OTHER RESPONSIBILITIES WHICH MIGHT BE DEEMED
 OF A HIGHER PRIORITY BY THE AGENCY TO THE EMPLOYEES INVOLVED.  THE FIRST
 PARAGRAPH OF UNION PROPOSAL I THEREBY WOULD VIOLATE MANAGEMENT'S RIGHT
 TO ASSIGN WORK UNDER SECTION 7106(A)(2)(B) BY CONTRACTUALLY PRESCRIBING
 CERTAIN ASSIGNMENTS AT SPECIFIED TIMES FOR SPECIFIC EMPLOYEES IN THE
 BARGAINING UNIT.  /3/ HOWEVER, WERE MANAGEMENT TO DETERMINE THAT
 PERIODIC QUALIFICATION AND TRAINING ON FIREARMS WERE NECESSARY THEN
 CLEARLY THE UNION COULD NEGOTIATE ON PROCEDURES WHICH MANAGEMENT
 OFFICIALS OF THE AGENCY WILL OBSERVE WITH RESPECT TO SUCH QUALIFICATION
 AND TRAINING IN ACCORDANCE WITH SECTION 7106(B)(2) OF THE STATUTE.  /4/
 
    THEREFORE, SINCE THE FIRST PARAGRAPH OF UNION PROPOSAL I WOULD
 ELIMINATE THE DISCRETION INHERENT IN MANAGEMENT'S RIGHT TO ASSIGN WORK,
 IT VIOLATES SECTION 7106(A)(2)(B) OF THE STATUTE.  ACCORDINGLY, THE
 AGENCY'S ALLEGATION THAT THIS PROPOSAL IS NOT WITHIN THE DUTY TO BARGAIN
 IS SUSTAINED.
 
    THE SECOND PARAGRAPH OF UNION PROPOSAL I WOULD PERMIT UNIT EMPLOYEES
 TO USE PRIVATELY OWNED FIREARMS WHICH MEET CERTAIN CRITERIA IN THE
 PERFORMANCE OF THEIR WORK.
 
    SOME BARGAINING UNIT EMPLOYEES ARE REQUIRED TO CARRY FIREARM WEAPONS
 WHEN PERFORMING DUTIES IN CONNECTION WITH AGENCY RESPONSIBILITY FOR SUCH
 MATTERS AS PROVIDING SECURITY IN U.S. COURTROOMS;  PROTECTING FEDERAL
 JUDGES, JURORS, ATTORNEYS AND WITNESSES;  EXECUTING A VARIETY OF LAW
 ENFORCEMENT FUNCTIONS;  MAINTAINING CUSTODY OF AND TRANSPORTING
 PRISONERS IN FEDERAL CRIMINAL PROCEEDINGS;  AND EXECUTING ALL CIVIL AND
 CRIMINAL PROCESS EMANATING FROM U.S. COURTS.  /5/ THUS, A FIREARM, OR
 THE CARRYING THEREOF, IS ONE OF THE "MEANS", WITHIN THE MEANING OF
 SECTION 7106(B)(1) OF THE STATUTE, WHEREBY THE PROTECTIVE AND LAW
 ENFORCEMENT WORK OF THE AGENCY IS PERFORMED.  FIREARMS ARE AN
 INSTRUMENTALITY, THAT IS, AN AGENT, TOOL, DEVICE, MEASURE, PLAN OR
 POLICY USED BY THE AGENCY FOR THE ACCOMPLISHING OR THE FURTHERING OF THE
 PERFORMANCE OF ITS WORK.  /6/
 
    UNDER SECTION 7106(B)(1) THE MEANS OF PERFORMING WORK MAY BE
 NEGOTIATED AT THE ELECTION OF THE AGENCY.  AS PREVIOUSLY INDICATED,
 FIREARMS, OR THE CARRYING THEREOF, IS ONE OF THE MEANS BY WHICH AGENCY
 EMPLOYEES CARRY OUT PROTECTIVE AND LAW ENFORCEMENT FUNCTIONS.
 ACCORDINGLY, THE SECOND PARAGRAPH OF UNION PROPOSAL I, WHICH WOULD
 PERMIT UNIT EMPLOYEES TO USE PRIVATELY OWNED FIREARMS, ADDRESSES A MEANS
 BY WHICH AGENCY WORK WILL BE PERFORMED AND IS SUBJECT TO BARGAINING AT
 THE ELECTION OF THE AGENCY.  SINCE THE AGENCY HAS ELECTED NOT TO BARGAIN
 ON THE PROPOSAL, THE AGENCY'S ALLEGATION THAT THE PROPOSAL IS NOT WITHIN
 THE DUTY TO BARGAIN MUST BE SUSTAINED.
 
                             UNION PROPOSAL II
 
               ARTICLE XXXIV - MERIT PROMOTION - SECTION 20
 
    AN EMPLOYEE DETAILED TO A HIGHER GRADE POSITION FOR THIRTY (30) DAYS
 OR MORE WILL BE
 
    TEMPORARILY PROMOTED AND PAID ACCORDINGLY.
 
                    QUESTION HERE BEFORE THE AUTHORITY
 
    THE QUESTION IS WHETHER UNION PROPOSAL II IS OUTSIDE THE SCOPE OF
 BARGAINING UNDER SECTION 7117(A)(1) OF THE STATUTE /7/ BECAUSE IT
 APPLIES TO THE FILLING OF SUPERVISORY POSITIONS OUTSIDE THE BARGAINING
 UNIT;  AND BECAUSE IT WOULD VIOLATE MANAGEMENT'S RIGHT TO DETAIL
 UNQUALIFIED EMPLOYEES, AS ALLEGED BY THE AGENCY.
 
                                  OPINION
 
    CONCLUSION AND ORDER:  UNION PROPOSAL II IS WITHIN THE AGENCY'S DUTY
 TO BARGAIN UNDER SECTION 7117(A)(1) OF THE STATUTE, AND WOULD NOT
 VIOLATE MANAGEMENT'S RIGHT TO DETAIL UNQUALIFIED EMPLOYEES.  RATHER, THE
 PROPOSAL CONSTITUTES A PROCEDURE UNDER SECTION 7106(B)(2) OF THE STATUTE
 WHICH MANAGEMENT OFFICIALS OF THE AGENCY WILL OBSERVE IN EXERCISING
 THEIR AUTHORITY TO SELECT AND ASSIGN EMPLOYEES.  ACCORDINGLY, PURSUANT
 TO SECTION 2424.10 OF THE AUTHORITY'S RULES AND REGULATIONS (5 CFR
 2424.10, AS AMENDED BY 45 FED.REG. 48,575(1980)), IT IS ORDERED THAT THE
 AGENCY SHALL UPON REQUEST (OR AS OTHERWISE AGREED TO BY THE PARTIES)
 BARGAIN CONCERNING UNION PROPOSAL II.  /8/
 
    REASONS:  THE PROPOSAL HERE IN DISPUTE WHICH CONCERNS A PROCEDURE FOR
 THE TEMPORARY PROMOTION OF AN EMPLOYEE DETAILED TO A HIGHER GRADE
 POSITION FOR THIRTY DAYS OR MORE, BEARS NO MATERIAL DIFFERENCE FROM THE
 UNION PROPOSALS WHICH WERE BEFORE THE AUTHORITY AND HELD TO BE WITHIN
 THE DUTY TO BARGAIN UNDER THE STATUTE IN THE AIR FORCE LOGISTICS
 COMMAND, WRIGHT-PATTERSON AIR FORCE BASE AND THE NAVAL AIR REWORK
 FACILITY CASES.  /9/ IN THOSE CASES, THE AUTHORITY DETERMINED THAT UNION
 PROPOSALS WHICH WOULD REQUIRE THE TEMPORARY PROMOTION OF EMPLOYEES
 OFFICIALLY ASSIGNED TO A HIGHER GRADED POSITION, OR TO THE DUTIES OF A
 HIGHER GRADED POSITION, FOR CERTAIN SPECIFIED TIME PERIODS WERE WITHIN
 THE DUTY TO BARGAIN, UNDER THE STATUTE, EVEN THOUGH SUPERVISORY
 POSITIONS MIGHT BE INVOLVED.  FOR THE REASONS FULLY SET FORTH IN THE AIR
 FORCE LOGISTICS COMMAND, WRIGHT-PATTERSON AIR FORCE BASE AND THE NAVAL
 AIR REWORK FACILITY CASES, THE PROPOSAL HERE IN DISPUTE MUST ALSO BE
 HELD TO BE A PROCEDURE MANAGEMENT OFFICIALS OF THE AGENCY WILL OBSERVE
 IN EXERCISING THEIR AUTHORITY TO SELECT AND ASSIGN EMPLOYEES, AND,
 HENCE, WITHIN THE DUTY TO BARGAIN UNDER SECTION 7117(A)(1) OF THE
 STATUTE.
 
    AS TO THE AGENCY'S ADDITIONAL ALLEGATION IN THE INSTANT CASE, THAT
 UNION PROPOSAL II WOULD OPERATE TO PREVENT MANAGEMENT FROM EXERCISING
 ITS RIGHT TO DETAIL AN UNQUALIFIED EMPLOYEE BECAUSE SUCH AN EMPLOYEE
 COULD NOT PROPERLY BE TEMPORARILY PROMOTED, THIS ALLEGATION CANNOT BE
 SUSTAINED.  WITHOUT PASSING UPON THE QUESTION OF WHETHER AN UNQUALIFIED
 EMPLOYEE PROPERLY COULD BE TEMPORARILY PROMOTED UNDER APPLICABLE LAW
 AND
 REGULATION, THE PROPOSAL WOULD NOT REQUIRE MANAGEMENT TO TEMPORARILY
 PROMOTE EMPLOYEES WHERE SUCH ACTION WOULD VIOLATE LAW OR REGULATION
 GOVERNING TEMPORARY PROMOTIONS.  INSOFAR AS UNION PROPOSAL II IS SILENT
 WITH RESPECT TO LIMITING MANAGEMENT'S RIGHT TO DETAIL UNQUALIFIED
 EMPLOYEES, AND THE RECORD DOES NOT INDICATE THAT THE UNION INTENDS THAT
 THE PROPOSAL BE APPLIED IN ANY MANNER INCONSISTENT WITH LAW AND
 REGULATION, THE PROPOSAL IS NOT INCONSISTENT WITH LAW AND REGULATION.
 IN ANY EVENT, THE STATUTE, AS APPLIED BY THE AUTHORITY, AND APPLICABLE
 LAW AND REGULATION WOULD GOVERN THE MATTERS NOT ADDRESSED BY THE
 PROPOSAL.  /10/
 
                            UNION PROPOSAL III
 
                    ARTICLE XXXVII - LATERAL TRANSFERS
 
    THE EMPLOYER AGREES THAT THE FOLLOWING SHALL BE THE GUIDELINES FOR
 LATERAL TRANSFERS.  THE
 
    GUIDELINES WILL CONSIST OF FOUR CONSIDERATIONS:  GRADE, DATE APPLIED
 FOR TRANSFER, LENGTH OF
 
    SERVICE IN ONE FIELD OFFICE, AND LENGTH OF SERVICE IN U.S.M.S.  EACH
 OPENING WILL BE ANNOUNCED
 
    AND THE DEPUTY MUST BE CONSIDERED FOR THE TRANSFER.  A PREFERENCE
 FIRST WILL BE PUBLISHED
 
    RANKING THE APPLYING DEPUTIES, AS FOLLOWS:
 
    FIRST CONSIDERATION - GRADE
 
    SECOND CONSIDERATION - DATE APPLIED FOR TRANSFER
 
    THIRD CONSIDERATION - LENGTH OF SERVICE IN ONE FIELD OFFICE
 
    FOURTH CONSIDERATION - LENGTH OF SERVICE IN USMS
 
    FROM THE INCEPTION OF THE PLAN, THE FIRST YEAR'S PREFERENCE LIST WILL
 INCLUDE GRADE, LENGTH
 
    OF SERVICE IN ONE FIELD OFFICE AND LENGTH OF SERVICE IN U.S.M.S.
 AFTER THE FIRST YEAR, THE
 
    SECOND CONSIDERATION (DATE APPLIED FOR TRANSFER) WILL BE ADDED.  THE
 EMPLOYER AGREES TO PAY
 
    FOR LATERAL TRANSFERS IN ACCORDANCE WITH LAW AND REGULATIONS.
 
                    QUESTION HERE BEFORE THE AUTHORITY
 
    THE QUESTION IS WHETHER UNION PROPOSAL III VIOLATES THE RIGHT OF THE
 AGENCY TO ASSIGN EMPLOYEES UNDER SECTION 7106(A)(2)(A) OF THE STATUTE,
 /11/ AS ALLEGED BY THE AGENCY.
 
                                  OPINION
 
    CONCLUSION AND ORDER:  UNION PROPOSAL III DOES NOT VIOLATE THE RIGHT
 OF THE AGENCY TO ASSIGN EMPLOYEES UNDER SECTION 7106(A)(2)(A) OF THE
 STATUTE.  RATHER, IT IS A PROCEDURE UNDER SECTION 7106(B)(2) WHICH
 MANAGEMENT OFFICIALS OF THE AGENCY WILL OBSERVE IN EXERCISING THEIR
 AUTHORITY TO ASSIGN EMPLOYEES AND IS THEREFORE WITHIN THE AGENCY'S DUTY
 TO BARGAIN.  ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S
 RULES AND REGULATIONS (5 CFR 2424.10, AS AMENDED BY 45 FED.REG.
 48,575(1980)), IT IS ORDERED THAT THE AGENCY SHALL UPON REQUEST (OR AS
 OTHERWISE AGREED TO BY THE PARTIES) BARGAIN CONCERNING UNION PROPOSAL
 III.  /12/
 
    REASONS:  THE AGENCY CONTENDS THAT UNION PROPOSAL III WOULD LIMIT THE
 AGENCY'S RIGHT TO ASSIGN EMPLOYEES BY REQUIRING IT TO SELECT FOR
 REASSIGNMENT THE EMPLOYEE WITH THE HIGHEST PREFERENCE SCORE.
 
    THE AGENCY HAS MISCONSTRUED THE PROPOSAL.  IT DOES NOT REQUIRE THE
 SELECTION FOR LATERAL TRANSFER OF THE EMPLOYEE WITH THE HIGHEST
 PREFERENCE SCORE.  RATHER, AS THE UNION CONTENDS, IT MERELY ESTABLISHES
 GUIDELINES FOR THE CONSIDERATION OF EMPLOYEES FOR LATERAL TRANSFER OR
 REASSIGNMENT.  THE AGENCY STILL WOULD HAVE THE DISCRETION TO FILL THE
 VACANCY BY DETAIL EITHER OF A LOWER GRADE EMPLOYEE, PROMOTION, LATERAL
 TRANSFER, OR NEW HIRE.  ONLY IF THE AGENCY CHOOSES TO FILL THE VACANCY
 BY VOLUNTARY LATERAL TRANSFER, WOULD THE GUIDELINES BE UTILIZED, AND THE
 UTILIZATION OF THE GUIDELINES WOULD NOT COMPEL THE AGENCY TO SELECT A
 PARTICULAR EMPLOYEE, OR ANY EMPLOYEE AT ALL.  CONSEQUENTLY, THE PROPOSAL
 ESTABLISHES A PROCEDURE FOR THE EXERCISE OF THE RESERVED MANAGEMENT
 AUTHORITY TO ASSIGN EMPLOYEES UNDER SECTION 7106(A)(2)(A) OF THE
 STATUTE.  AS SUCH, THE PROPOSAL IS WITHIN THE OBLIGATION TO BARGAIN
 UNDER SECTION 7106(B)(2) OF THE STATUTE.
 
    ISSUED, WASHINGTON, D.C., SEPTEMBER 30, 1980
 
                       RONALD W. HAUGHTON, CHAIRMAN
                       HENRY B. FRAZIER III, MEMBER
                       LEON B. APPLEWHAITE, MEMBER
                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ SECTION 7106(A)(2)(B) OF THE STATUTE PROVIDES:
 
    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--
 
   *          *          *          *
 
 
    (B) TO ASSIGN WORK, TO MAKE DETERMINATIONS WITH RESPECT TO
 CONTRACTING OUT, AND TO
 
    DETERMINE THE PERSONNEL BY WHICH AGENCY OPERATIONS SHALL BE
 CONDUCTED(.)
 
    /2/ SECTION 7106(B)(1) OF THE STATUTE PROVIDES:
 
    SEC. 7106.  MANAGEMENT RIGHTS
 
   *          *          *          *
 
 
    (B) NOTHING IN THIS SECTION SHALL PRECLUDE ANY AGENCY AND ANY LABOR
 ORGANIZATION FROM
 
    NEGOTIATING--
 
    (1) AT THE ELECTION OF THE AGENCY, ON THE NUMBERS, TYPES, AND GRADES
 OF EMPLOYEES OR
 
    POSITIONS ASSIGNED TO ANY ORGANIZATIONAL SUBDIVISION, WORK PROJECT,
 OR TOUR OF DUTY OR ON THE
 
    TECHNOLOGY, METHODS, AND MEANS OF PERFORMING WORK(.)
 
    /3/ SEE E.G. NATIONAL LABOR RELATIONS BOARD UNION, LOCAL 19 AND
 NATIONAL LABOR RELATIONS BOARD, REGION 19, 2 FLRA NO. 98(1980), AND
 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL F-61 AND PHILADELPHIA
 NAVAL SHIPYARD, 3 FLRA NO. 66(1980) AT 2 OF THE DECISION.
 
    /4/ SECTION 7106(B)(2) OF THE STATUTE PROVIDES:
 
    SEC. 7106.  MANAGEMENT RIGHTS
 
    (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(.)
 
    /5/ OFFICE OF THE FEDERAL REGISTER, GENERAL SERVICES ADMINISTRATION,
 UNITED STATES GOVERNMENT MANUAL 1979-1980 370 (1979).
 
    /6/ NATIONAL TREASURY EMPLOYEES UNION AND U.S. CUSTOMS SERVICE,
 REGION VIII, SAN FRANCISCO, CALIFORNIA, 2 FLRA NO. 30(1979), AT 4 OF THE
 DECISION.
 
    /7/ SECTION 7117(A)(1) OF THE STATUTE PROVIDES:
 
    SEC. 7117 DUTY TO BARGAIN IN GOOD FAITH;  COMPELLING NEED;  DUTY TO
 CONSULT
 
    (A)(1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, THE DUTY TO
 BARGAIN IN GOOD FAITH
 
    SHALL, TO THE EXTENT NOT INCONSISTENT WITH ANY FEDERAL LAW OR ANY
 GOVERNMENT-WIDE RULE OR
 
    REGULATION, EXTEND TO MATTERS WHICH ARE THE SUBJECT OF ANY RULE OR
 REGULATION ONLY IF THE RULE
 
    OR REGULATION IS NOT A GOVERNMENT-WIDE RULE OR REGULATION.
 
    /8/ IN SO DECIDING THAT UNION PROPOSAL II IS WITHIN THE DUTY TO
 BARGAIN, THE AUTHORITY MAKES NO JUDGMENT AS TO THE MERITS OF THE
 PROPOSAL.
 
    /9/ AMERICA, FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO AND AIR
 FORCE LOGISTICS COMMAND, WRIGHT-PATTERSON AIR FORCE BASE, OHIO, 2 FLRA
 NO. 77(1980), AT 25 TO 27 OF THE DECISION AND METHODS AND STANDARDS
 ASSOCIATION AND NAVAL AIR REWORK FACILITY, NAVAL AIR STATION, PENSACOLA,
 FLORIDA, 2 FLRA NO. 34(1979).
 
    /10/ SEE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL
 32 AND OFFICE OF PERSONNEL MANAGEMENT, WASHINGTON, D.C., 3 FLRA NO.
 120(1980) AT 4 OF THE DECISION.
 
    /11/ SECTION 7106(A)(2)(A) OF THE STATUTE PROVIDES:
 
    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, DIRECT, LAYOFF, AND RETAIN EMPLOYEES IN THE
 AGENCY, OR TO SUSPEND,
 
    REMOVE, REDUCE IN GRADE OR PAY, OR TAKE OTHER DISCIPLINARY ACTION
 AGAINST SUCH EMPLOYEES(.)
 
    /12/ IN SO DECIDING THAT UNION PROPOSAL III IS WITHIN THE DUTY TO
 BARGAIN, THE AUTHORITY MAKES NO JUDGMENT AS TO THE MERITS OF THE
 PROPOSAL.