[ v14 p461 ]
The decision of the Authority follows:
14 FLRA No. 76 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 236 Union and GENERAL SERVICES ADMINISTRATION, NATIONAL ARCHIVES AND RECORDS SERVICE Agency Case No. O-NG-706 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 concerning the negotiability of the following Union proposal. Union proposes that non-full time employees be relieved also by summer workers of night duty, that agency honor requests from them for change of hours in order of priority based on seniority. Upon careful consideration of the entire record, including the parties' contentions, the Authority makes the following determinations. According to the Agency, three non-full time bargaining unit employees are currently assigned to night shifts and no intermittent/temporary employees, or "summer workers," are assigned to the early shift. Thus, according to the Agency's uncontroverted interpretation of the proposal, should a non-full time employee from a late shift request a reassignment to the early shift, management would be obligated to accede to that request. As a result, as stated by the Agency, "the proposal would necessarily cause the Agency to assign more employees to the early shift than management finds necessary, and to hire additional temporary employees to work the 'night' shifts." Hence, in agreement with the Agency, and apart from other considerations raised by the Agency, the Authority concludes that the proposal is directly related to, and therefore determinative of, the number of employees assigned to a tour of duty and falls within the scope of section 7106(b)(1) of the Statute. /1/ Because section 7106(b)(1), states that proposals which fall within its scope are negotiable only at the election of the agency, and the Agency herein has elected not to bargain on the proposal, the Union's 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 Union's petition for review be, and it hereby is, dismissed. Issued, Washington, D.C., May 9, 1984 Barbara J. Mahone, Chairman Ronald W. Haughton, Member Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES$ --------------- /1/ See American Federation of Government Employees, Local 3669, AFL-CIO and Veterans Administration Medical Center, Minneapolis, Minnesota, 2 FLRA 641 (1980).