12:0543(103)NG - AFGE Local 1603 and Marine Corps Exchange, Henderson Hall, Arlington, Virginia -- 1983 FLRAdec NG

 12 FLRA No. 103
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 LOCAL 1603
 Union
 
 and
 
 MARINE CORPS EXCHANGE,
 HENDERSON HALL,
 ARLINGTON, VIRGINIA
 Agency
 
                                            Case No. O-NG-606
 
                 DECISION AND ORDER ON NEGOTIABILITY ISSUE
 
    The petition for review in this case comes before the Authority
 pursuant to section 7105(a)(2)(E) of the Federal Service
 Labor-Management Relations Statute (the Statute) and presents issues
 relating to the negotiability of the following Union Proposal:  /1/
 
          Section 3.  The reversion rights of employees affected by
       reduction-in-force shall be governed by applicable regulations and
       directives, except that, an employee in group I will, when reached
       by a reduction-in-force action, have reversion rights to all
       positions previously held within the unit, in descending order by
       rate of pay;  and to all intervening positions for which the
       affected employee is qualified.
 
    Upon careful consideration of the entire record, including the
 parties' contentions, the Authority makes the following determinations.
 This proposal is materially identical to a proposal which the Authority
 found to be outside the duty to bargain in American Federation of
 Government Employees, AFL-CIO, Local 1603 and Navy Exchange, Naval Air
 Station, Patuxent River, Maryland, 9 FLRA No. 147 (1982) based upon its
 reasoning in National Association of Government Employees, Local R7-23
 and Department of the Air Force, Scott Air Force Base, Illinois, 3 FLRA
 185 (1980).  The proposal herein, like that considered in Patuxent
 River, would obligate the Agency to provide an employee affected by a
 reduction-in-force reversion rights to various positions in the unit on
 the basis of seniority.  Thus, for the reasons relied upon in Patuxent
 River, the Authority finds that the proposal herein violates
 management's right to "assign" employees under section 7106(a)(2)(A) of
 the Statute, and thus is outside the duty to bargain.
 
    Accordingly, pursuant to section 2424.10 of the Authority's Rules and
 Regulations, IT IS ORDERED that the Union's petition for review be, and
 it hereby is, dismissed.  Issued, Washington, D.C., August 12, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ The Union's petition included a second proposal;  however, the
 Agency subsequently withdrew its allegation of nonnegotiability with
 respect to that proposal.