09:0685(80)NG - NTEU Chapter 52 and IRS, Austin District -- 1982 FLRAdec NG

 9 FLRA No. 80
 
 NATIONAL TREASURY EMPLOYEES UNION,
 CHAPTER 52
 Union
 
 and
 
 INTERNAL REVENUE SERVICE,
 AUSTIN DISTRICT
 Agency
 
                                            Case No. O-NG-489
 
                 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
 PRESENTS ISSUES CONCERNING THE NEGOTIABILITY OF THE FOLLOWING UNION
 PROPOSAL.
 
    ARTICLE II
 
    EMPLOYEES IN NEED OF FORMS OR SUPPLIES NOT AVAILABLE IN THE GROUP
 AREA WILL OBTAIN SUPPLIES
 
    FROM THE CENTRAL SUPPLY ROOM IN ACCORDANCE WITH THE PROCEDURES
 OUTLINED IN THE MEMORANDUM
 
    REFERENCED IN ARTICLE III.  IN A CASE WHERE A PERSON DESIGNATED BY
 THE AGENCY AS A CONTACT
 
    PERSON IS UNAVAILABLE, OR IN UNUSUAL OR EXTREME CIRCUMSTANCES, AN
 EMPLOYEE MAY RETRIEVE FORMS
 
    FROM THE CENTRAL SUPPLY ROOM, IN ACCORDANCE WITH PROCEDURES
 ESTABLISHED BY THE AGENCY TO
 
    ASSURE ACCURATE ACCOUNTING OF AVAILABLE SUPPLIES, SECURITY, AND
 ORDERLY MAINTENANCE OF THE
 
    SUPPLY ROOM.  (ONLY THE UNDERLINED PORTION OF THE PROPOSAL IS IN
 DISPUTE.)
 
    UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
 PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATIONS.
 THE UNION PROPOSAL IS INTENDED TO ADDRESS A PROPOSED CHANGE IN THE
 PROCEDURE BY WHICH EMPLOYEES OBTAIN SUPPLIES AT AN AGENCY SITE.  UNDER
 THE NEW SYSTEM, THE SUPPLY ROOM WOULD BE LOCKED AND KEYS ISSUED TO FOUR
 DESIGNATED EMPLOYEES WHO WOULD BE THE ONLY PERSONNEL AUTHORIZED TO
 ENTER
 TO OBTAIN SUPPLIES FOR OTHER EMPLOYEES.  THE AGENCY STATES, "THE OBVIOUS
 REASON FOR THE NEW SYSTEM IS TO PREVENT DEFALCATION OF GOVERNMENT
 PROPERTY, AND COLLATERALLY TO ENSURE AVAILABILITY OF SUPPLIES." AN
 AGENCY'S RIGHT TO DETERMINE ITS INTERNAL SECURITY PRACTICES PURSUANT TO
 SECTION 7106(A)(1) OF THE STATUTE INCLUDES THE RIGHT TO ESTABLISH RULES
 TO SAFEGUARD THE AGENCY'S PROPERTY.  AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, NATIONAL IMMIGRATION & NATURALIZATION SERVICE
 COUNCIL AND U.S. DEPARTMENT OF JUSTICE, IMMIGRATION & NATURALIZATION
 SERVICE, 8 FLRA NO. 75(1982), AT 18 OF THE DECISION.  THE INSTANT
 PROPOSAL, RATHER THAN CONSTITUTING A PROCEDURE TO BE FOLLOWED BY
 MANAGEMENT IN EXERCISING ITS RIGHT UNDER SECTION 7106(A)(1) "TO
 DETERMINE . . . INTERNAL SECURITY PRACTICES" AS CLAIMED BY THE UNION,
 WOULD INSTEAD DENY SUCH AUTHORITY BY VITIATING THE EFFECTIVENESS OF THE
 PRACTICE PROPOSED BY MANAGEMENT.  THAT IS, THE PROPOSAL WOULD PERMIT
 EMPLOYEES, IN CERTAIN CIRCUMSTANCES, TO BYPASS THE INTERNAL SECURITY
 PRACTICE ESTABLISHED BY MANAGEMENT AND THEREBY DIRECTLY INTERFERES WITH
 MANAGEMENT'S STATUTORY RIGHT.
 
    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 HEREBY IS, DISMISSED.
 
    ISSUED, WASHINGTON, D.C., JULY 28, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY