09:0700(83)NG - International Association of Firefighters Local F-ll6 and HQ, 4392d Aerospace Support Group (Sac), Vandenberg AFB, CA -- 1982 FLRAdec NG

 9 FLRA No. 83
 
 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
 AFL-CIO, LOCAL F-116
 Union
 
 and
 
 HEADQUARTERS, 4392D AEROSPACE
 SUPPORT GROUP (SAC), VANDENBERG
 AIR FORCE BASE, CALIFORNIA
 Agency
 
                                            Case No. O-NG-342 
                                              O-NG-343
 
          CONSOLIDATED DECISION AND ORDER ON NEGOTIABILITY ISSUES
 
    THE PETITIONS FOR REVIEW IN THESE CONSOLIDATED CASES COME 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 RAISE ISSUES REGARDING THE NEGOTIABILITY OF THE
 FOLLOWING THREE (3) UNION PROPOSALS.  UPON CAREFUL CONSIDERATION OF THE
 ENTIRE RECORD, INCLUDING THE PARTIES' CONTENTIONS, THE AUTHORITY MAKES
 THE FOLLOWING DETERMINATIONS.
 
                             UNION PROPOSAL I
 
    THE EMPLOYER AGREES THAT MEMBERS OF THE UNIT WILL NOT BE ASSIGNED TO
 DUTIES OUTSIDE THE
 
    FIRE PROTECTION FUNCTIONAL CODES NOR TO DETAILS CONFLICTING WITH
 THEIR PRIMARY DUTY.
 
                             UNION PROPOSAL II
 
    THE EMPLOYER AGREES THAT ANY WORK THAT CAN BE PERFORMED BY THE
 APPROPRIATE SECTION OR
 
    CONTRACTOR, I.E., LAWN MOWING, PAINTING, CARPENTRY, ETC., WILL BE
 PROGRAMMED THROUGH THE
 
    APPROPRIATE SECTION OR CONTRACTOR.  FOR WORK THAT IS PERFORMED BY
 EMPLOYEES IN THE UNIT, THE
 
    EMPLOYER AGREES TO PROVIDE ALL NECESSARY AND APPROPRIATE EQUIPMENT
 NEEDED TO PERFORM THE
 
    JOB.  (ONLY THE UNDERSCORED PORTION OF THIS PROPOSAL HAS BEEN ALLEGED
 TO BE OUTSIDE THE DUTY
 
    TO BARGAIN.)
 
                            UNION PROPOSAL III
 
    TO ASSURE COMPLETE ALERTNESS DURING FIRE PROTECTION STANDBYS,
 EMPLOYEES WHO ARE SCHEDULED
 
    FOR A STANDBY AFTER 1630 HOURS WILL BE AUTHORIZED TO REST OR SLEEP
 AND MAKE PREPARATIONS FROM
 
    1500 HOURS UNTIL TIME FOR DISPATCH OF THE CREWS TO STANDBY.  SUCH
 STANDBY TOURS WILL NORMALLY
 
    NOT BE MORE THAN THREE HOURS IN LENGTH AND NORMALLY ENTITLE THE
 EMPLOYEE TO FOUR HOURS OF REST
 
    BETWEEN TOURS, MISSION REQUIREMENTS PERMITTING.  (ONLY THE
 UNDERSCORED PORTION OF THIS
 
    PROPOSAL HAS BEEN ALLEGED TO BE OUTSIDE THE DUTY TO BARGAIN.)
 
    UNION PROPOSALS I AND II CONCERN THE ASSIGNMENT OF WORK.  UNION
 PROPOSAL I WOULD PREVENT THE AGENCY FROM ASSIGNING NON-FIREFIGHTING
 DUTIES TO FIREFIGHTERS.  UNION PROPOSAL II WOULD REQUIRE THE ASSIGNMENT
 OF NON-FIREFIGHTER DUTIES TO INDIVIDUALS OTHER THAN FIREFIGHTERS.  THUS,
 BOTH OF THESE PROPOSALS DIRECTLY INTERFERE WITH MANAGEMENT'S RIGHT TO
 ASSIGN WORK UNDER SECTION 7106(A)(2)(B) OF THE STATUTE.  /1/ SEE
 ASSOCIATION OF CIVILIAN TECHNICIANS AND STATE OF GEORGIA NATIONAL GUARD,
 2 FLRA 580 (1980);  NATIONAL TREASURY EMPLOYEES UNION AND DEPARTMENT OF
 THE TREASURY, BUREAU OF THE PUBLIC DEBT, 3 FLRA NO. 119 (1980), AT 7 OF
 THE DECISION, APPEAL DOCKETED SUB NOM. NATIONAL TREASURY EMPLOYEES UNION
 V. FEDERAL LABOR RELATIONS AUTHORITY, NO. 80 - 1895 (D.C. CIR. AUG. 4,
 1980).
 
    IT IS EQUALLY CLEAR THAT UNION PROPOSAL III ALSO WOULD BE
 INCONSISTENT WITH MANAGEMENT'S RIGHT TO ASSIGN WORK PURSUANT TO SECTION
 7106(A)(2)(B), SINCE IT WOULD LIMIT THE NUMBER OF HOURS DURING WHICH
 WORK NORMALLY COULD BE PERFORMED.  THAT IS, THE EXPLICIT LANGUAGE OF THE
 UNDERSCORED PORTION OF THIS PROPOSAL WOULD PROHIBIT THE NORMAL
 ASSIGNMENT OF WORK TO AN EMPLOYEE AFTER THAT EMPLOYEE HAD WORKED IN
 STANDBY STATUS FOR A PERIOD OF THREE (3) HOURS.  SEE BUREAU OF THE
 PUBLIC DEBT, SUPRA.  THEREFORE, FOR THE REASONS FULLY CITED IN BUREAU OF
 THE PUBLIC DEBT, THE PROPOSAL HERE IN DISPUTE MUST ALSO BE HELD TO BE
 OUTSIDE THE DUTY TO BARGAIN UNDER SECTION 7106(A)(2)(B) OF THE STATUTE.
 
    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
 PETITIONS FOR REVIEW BE, AND THEY HEREBY ARE, DISMISSED IN THEIR
 ENTIRETY.  ISSUED, WASHINGTON, D.C., AUGUST 3, 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 . . . (.)