American Federation of Government Employees, Local 2578, AFL-CIO (Union) and General Services Administration, National Archives and Records Service, Washington, DC (Agency) 

 8 FLRA No. 86
 
 LOCAL 2578, AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO
 Union
 
 and
 
 GENERAL SERVICES ADMINISTRATION,
 NATIONAL ARCHIVES AND RECORDS SERVICE,
 WASHINGTON, D.C.
 Agency
 
                                            Case No. O-NG-165
 
                 DECISION AND ORDER ON NEGOTIABILITY ISSUE
 
    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),
 AND INVOLVES THE NEGOTIABILITY OF THE FOLLOWING UNION PROPOSAL:
 
    NO EMPLOYEE WILL BE DENIED AN ASSIGNMENT ON THE GROUNDS THAT HE OR
 SHE WILL HAVE AGGREGATED
 
    MORE THAN 40% OF THE ANNUAL SALARY FOR THE FIRST STEP OF GS-3 OR
 OTHER IMPROPER GROUNDS.
 
    UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
 PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATIONS.
 THE RECORD IN THIS CASE INDICATES THAT THE BARGAINING UNIT INVOLVED
 INCLUDES EMPLOYEES APPOINTED TO "NONTEMPORARY POSITIONS THE DUTIES OF
 WHICH ARE PART-TIME OR INTERMITTENT." THE UNION'S PROPOSAL WOULD REQUIRE
 THE AGENCY TO ASSIGN WORK TO THESE EMPLOYEES WITHOUT REGARD TO ONE OF
 THE TERMS OF THEIR APPOINTMENTS, I.E., THAT DURING A GIVEN YEAR THEIR
 AGGREGATE COMPENSATION MUST NOT EXCEED 40% OF THE ANNUAL SALARY RATE FOR
 THE FIRST STEP OF GRADE GS-3.  IN AGREEMENT WITH THE AGENCY, THE
 AUTHORITY CONCLUDES THAT THE UNION'S PROPOSAL IS OUTSIDE THE DUTY TO
 BARGAIN SINCE IT WOULD VIOLATE THE MANAGEMENT RIGHTS PROVISION OF THE
 STATUTE.  THAT IS, IN THE CIRCUMSTANCES TO WHICH IT APPLIES, THE
 PROPOSAL WOULD ELIMINATE THE DISCRETION INHERENT IN MANAGEMENT'S RIGHT
 TO ASSIGN WORK PURSUANT TO SECTION 7106(A)(2)(B) OF THE STATUTE, I.E.,
 TO DETERMINE TO WHICH POSITION OR EMPLOYEE THE WORK WILL BE ASSIGNED.
 /1/ SEE ASSOCIATION OF CIVILIAN TECHNICIANS AND STATE OF GEORGIA
 NATIONAL GUARD, 2 FLRA 581 (1980);  NATIONAL LABOR RELATIONS BOARD
 UNION, LOCAL 19 AND NATIONAL LABOR RELATIONS BOARD, REGION 19, 2 FLRA
 775 (1980).
 
    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., APRIL 30, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ SECTION 7106(A)(2)(B) PROVIDES IN PERTINENT 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 . . . .