12:0665(131)NG - NFFE Local 1363 and Army Garrison, Yongsan, Korea -- 1983 FLRAdec NG

 12 FLRA No. 131
 
 NATIONAL FEDERATION OF
 FEDERAL EMPLOYEES, LOCAL 1363
 Union
 
 and
 
 UNITED STATES ARMY
 GARRISON, YONGSAN, KOREA
 Agency
 
                                            Case No. O-NG-622
 
                 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).  The issue presented
 is the negotiability of the following Union proposal:
 
          Employees will not drink alcoholic beverages while on duty
       unless so directed by their supervisors.
 
    Upon careful consideration of the entire record, including the
 parties' contentions, the Authority makes the following determination.
 The instant proposal is in all respects materially to the same effect as
 the proposal in National Federation of Federal Employees, Local 1363 and
 United States Army Garrison, Yongsan, Korea, 12 FLRA No. 125 (1983).  In
 that case, the effect of the Union's proposal was to prohibit the
 dispensation of alcoholic beverages in certain membership associations
 only to persons on duty as opposed to prohibiting dispensation of such
 beverages to all employees during duty hours, as provided under an
 Agency regulation.  Similarly, in the instant case, the Union's stated
 intent also is to permit employees off duty to drink alcoholic beverages
 in such associations, and the sole contention of the Agency is that
 dispensation of alcohol at such associations is not a condition of
 employment.  Therefore, based on United States Army Garrison and for the
 reasons stated therein, it is concluded that the dispensation of
 alcoholic beverages in membership associations is not a condition of
 employment, and therefore the instant proposal is not within the duty to
 bargain.
 
    Accordingly, pursuant to section 2424.10 of the Authority's Rules and
 Regulations, IT IS ORDERED that the petition for review be, and it
 hereby is, dismissed.  Issued, Washington, D.C., August 30, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY