National Association of Government Inspectors and Quality Assurance Personnel, Unit #2 (Union) and Naval Air Engineering Center, Lakehurst, New Jersey (Agency) 

 8 FLRA No. 28
 
 NATIONAL ASSOCIATION OF
 GOVERNMENT INSPECTORS AND
 QUALITY ASSURANCE PERSONNEL,
 UNIT #2
 Union
 
 and
 
 NAVAL AIR ENGINEERING CENTER,
 LAKEHURST, NEW JERSEY
 Agency
 
                                            Case No. 0-NG-242
 
                DECISION AND ORDER ON NEGOTIABILITY ISSUES
 
    THE PETITION FOR REVIEW IN 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. 7101-7135) AND RAISES THE QUESTION OF THE NEGOTIABILITY OF FIVE
 UNION PROPOSALS.  UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD,
 INCLUDING THE PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING
 DETERMINATIONS.
 
                             UNION PROPOSAL I
 
    ARTICLE XXI
 
    SECTION 5.  THE EMPLOYER AGREES TO ESTABLISH, IMPLEMENT AND MAINTAIN
 AN APPROPRIATE
    ORGANIZATIONAL GRADE LEVEL STRUCTURE DESIGNED TO PROVIDE FOR
 EQUITABLE AND LOGICAL PROMOTIONAL
    PROGRESSION OPPORTUNITIES WITHIN THE QUALITY ASSURANCE OFFICE FOR ALL
 QUALITY ASSURANCE AND
    QUALITY INSPECTION SPECIALISTS.  THE ORGANIZATIONAL STRUCTURE SHALL
 BE DESIGNED FOR THE
    PURPOSE OF ELIMINATING ALL GAPS AND DEAD-END POSITIONS, PROVIDING FOR
 A LOGICAL PROMOTIONAL
    ACCESS FROM THE SHOPS TO THE OFFICE AND TO SUPERVISORY POSITIONS.
 THE GRADE LEVEL STRUCTURE
    SHALL ALSO PROVIDE FOR ACCESS TO MANAGEMENT POSITIONS AS IS NOW
 PROVIDED FOR ENGINEERING TYPE
    PERSONNEL AND SHALL OFFER THE HIGHEST MOTIVATION OF ALL UNIT #2
 EMPLOYEES THROUGHOUT THE QUALITY ASSURANCE OFFICE.
 
 
                             UNION PROPOSAL II
 
    ARTICLE XXI
 
    SECTION 6.  REGARDING THE EMPLOYER'S POLICY CONCERNING THE ALIGNMENT
 OF POSITIONS, WORK
    ASSIGNMENTS, DUTIES AND RESPONSIBILITIES, THE EMPLOYER AGREES TO
 CLEARLY DEFINE AND
    DISTINGUISH BETWEEN GS-1900 AND GS-800 CLASS SERIES WORK ASSIGNMENTS,
 DUTIES AND
    RESPONSIBILITIES AND THERE SHALL BE NO INFRINGEMENT UPON GS-1900
 CLASS SERIES DUTIES,
    RESPONSIBILITIES AND ASSIGNMENTS BY GS-800 CLASS SERIES DUTIES,
 RESPONSIBILITIES AND
    ASSIGNMENTS OR BY ANY OTHER GS CLASS SERIES DUTIES, RESPONSIBILITIES
 AND ASSIGNMENTS.
 
 
                            UNION PROPOSAL III
 
    ARTICLE XXI
 
    SECTION 7.  FULL AND EQUAL OPPORTUNITIES FOR PROMOTION WITHIN AND
 THROUGHOUT THE QUALITY
    ASSURANCE OFFICE SHALL BE PROVIDED TO ALL UNIT #2 EMPLOYEES
 REGARDLESS OF POSITION
    CLASSIFICATION SERIES OR ANY OTHER REASON(S).. (UNDERLINED PORTION IN
 DISPUTE.)
 
 
    IT IS APPARENT FROM THE RECORD IN THIS CASE THAT UNION PROPOSALS I
 AND III ARE INTENDED ESSENTIALLY TO REQUIRE THAT THE AGENCY'S
 ORGANIZATIONAL STRUCTURE BE MODIFIED TO PROVIDE PROMOTION OPPORTUNITIES
 FOR CERTAIN EMPLOYEES WITHOUT REGARD TO CLASSIFICATION.  IN AGREEMENT
 WITH THE AGENCY, THE AUTHORITY CONCLUDES THAT THE PROPOSALS CONFLICT
 WITH THE AGENCY'S RIGHT TO DETERMINE ITS ORGANIZATION UNDER SECTION
 7106(A)(1).  /1/ SEE CONGRESSIONAL RESEARCH EMPLOYEES ASSOCIATION AND
 THE LIBRARY OF CONGRESS, 3 FLRA 736(1980).
 
    PROPOSAL II WOULD PROHIBIT THE ASSIGNMENT OF DUTIES PERFORMED BY
 EMPLOYEES IN ONE CLASSIFICATION SERIES FROM BEING PERFORMED BY EMPLOYEES
 ANY OTHER CLASSIFICATION SERIES.  IN AGREEMENT WITH THE AGENCY, THE
 AUTHORITY CONCLUDES THAT THE PROPOSAL CONFLICTS WITH THE AGENCY'S RIGHT
 TO ASSIGN WORK UNDER SECTION 7106(A)(2)(B).  /2/ SEE NATIONAL
 ASSOCIATION OF AIR TRAFFIC SPECIALISTS AND DEPARTMENT OF TRANSPORTATION,
 FEDERAL AVIATION ADMINISTRATION, 6 FLRA NO. 106(1981) (PROPOSAL V).
 
                             UNION PROPOSAL IV
 
    ARTICLE XXII
 
    SECTION 5.  THE EMPLOYER AGREES TO OBSERVE AND ENFORCE ALL SAFETY
 RULES, PRACTICES AND
 
    PRECAUTIONS REGARDING THE SAFETY AND WELFARE OF UNIT #2 EMPLOYEES IN
 TRAVEL DUTY
 
    STATUS.  (UNDERLINED PORTION IN DISPUTE.)
 
    THE AGENCY STATES THAT PROPOSALS ABOUT GENERAL SAFETY STANDARDS ARE
 NEGOTIABLE, AND THEREFORE DOES NOT DISPUTE THE NEGOTIABILITY OF THAT
 PART OF THE PROPOSAL WHICH IS NOT UNDERLINED.  WITH RESPECT TO THE
 PHRASE "IN TRAVEL DUTY STATUS," IT IS APPARENT FROM THE RECORD THAT THE
 PROPOSAL IS INTENDED BY THE UNION TO REQUIRE THE AGENCY TO MAINTAIN
 2-PERSON CREWS FOR SAFETY REASONS WHILE EMPLOYEES ARE IN SUCH A STATUS.
 IN THIS RESPECT THE PROPOSAL BEARS NO MATERIAL DIFFERENCE FROM THE
 "SOLITARY ASSIGNMENT" CLAUSE IN PROPOSAL 6 WHICH WAS HELD TO BE OUTSIDE
 THE DUTY TO BARGAIN PURSUANT TO SECTION 7106(B)(1) /3/ IN NATIONAL
 FEDERATION OF FEDERAL EMPLOYEES, LOCAL 1167 AND DEPARTMENT OF THE AIR
 FORCE, HEADQUARTERS, 31ST COMBAT SUPPORT GROUP (TAC), HOMESTEAD AIR
 FORCE BASE, FLORIDA, 6 FLRA NO. 105(1981).  THUS, THIS PROPOSAL IS ALSO
 OUTSIDE THE DUTY TO BARGAIN.  THAT IS, BECAUSE THE LANGUAGE HERE IN
 DISPUTE WOULD REQUIRE MANAGEMENT TO ASSIGN TWO EMPLOYEES TO CERTAIN
 WORK
 SITUATIONS, IT DIRECTLY INTERFERES WITH THE RIGHT OF MANAGEMENT UNDER
 SECTION 7106(B)(1) TO DETERMINE THE NUMBER OF EMPLOYEES ASSIGNED TO ANY
 WORK PROJECT OR TOUR OF DUTY, AND TO NEGOTIATE SUCH A DETERMINATION ONLY
 IF IT SO CHOOSES.
 
                             UNION PROPOSAL V
 
    ARTICLE XVI
 
    SECTION 5.  THE EMPLOYER AGREES THAT UNIT #2 EMPLOYEES SHALL BE
 ASSIGNED TO ONLY ONE FIRST
 
    LINE OR IMMEDIATE SUPERVISOR.
 
    THIS PROPOSAL WOULD REQUIRE THE AGENCY TO ADOPT A CERTAIN
 ORGANIZATIONAL STRUCTURE AND TO ORGANIZE ITS WORKFORCE IN A PARTICULAR
 WAY, I.E., EMPLOYEES WOULD BE ASSIGNED TO ONLY ONE IMMEDIATE SUPERVISOR.
  IN AGREEMENT WITH THE AGENCY, THE AUTHORITY CONCLUDES THAT THE PROPOSAL
 CONFLICTS WITH THE AGENCY'S RIGHT TO DETERMINE ITS ORGANIZATION UNDER
 SECTION 7106(A)(1).  SEE LIBRARY OF CONGRESS, SUPRA.
 
    ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S RULES AND
 REGULATIONS (5 CFR 2424.10(1981)), IT IS ORDERED THAT THE UNION'S
 PETITION FOR REVIEW BE, AND IT HEREBY IS, DISMISSED.
 
    ISSUED, WASHINGTON, D.C., FEBRUARY 11, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
                       HENRY B. FRAZIER III, MEMBER
                       LEON B. APPLEWHAITE, MEMBER
                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ SECTION 7106(A)(1) 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--
 
    (1) TO DETERMINE THE MISSION, BUDGET, ORGANIZATION, NUMBER OF
 EMPLOYEES, AND INTERNAL
 
    SECURITY PRACTICES OF THE AGENCY (.)
 
    /2/ SECTION 7106(A)(2)(B) OF THE STATUTE PROVIDES IN RELEVANT PART:
 
    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 . . .
 
    /3/ SECTION 7106(B)(1) OF THE STATUTE PROVIDES IN RELEVANT PART:
 
    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
 
    . . . ASSIGNED TO ANY ORGANIZATIONAL SUBDIVISION, WORK PROJECT, OR
 TOUR OF DUTY . . . (.)