14:0461(76)NG - AFGE Local 236 and GSA, National Archives and Records Service -- 1984 FLRAdec NG

 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).