15:0612(131)NG - AFSCME Local 2910 and The Library of Congress -- 1984 FLRAdec NG
[ v15 p612 ]
15:0612(131)NG
The decision of the Authority follows:
15 FLRA No. 131
AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES,
AFL-CIO, LOCAL 2910
Union
and
THE LIBRARY OF CONGRESS
Agency
Case No. O-NG-721
DECISION AND ORDER ON NEGOTIABILITY ISSUE
This petition for review comes before the Authority pursuant to
section 7105(a)(2)(E) of the Federal Service Labor-Management Relations
Statute (the Statute) and presents an issue concerning the negotiability
of one Union proposal.
Upon careful consideration of the entire record, including the
parties' contentions, the Authority makes the following determination.
The negotiability appeal in this case arose over the Agency's decision
to lock the entrance door from a roof parking lot used by employees.
Without this roof access to and from the building, employees are
required to walk down the parking ramp and enter and exit through the
front door which is guarded by a uniformed police officer. The Union
submitted the following proposal concerning the impact of the decision
to lock the roof door.
Union Proposal
Employees will be given keys to the door on the roof of the
Taylor Street facility; the roof door shall be accessible by key
during the hours when employees are at work.
The Agency states that locking the roof door is part of its plan to
control access to the building for the purpose of, among other things,
preventing theft of government property. In agreement with the Agency,
the Authority concludes that this proposal interferes with the Agency's
right pursuant to section 7106(a)(1) of the Statute to determine its
internal security practices. In this regard, an agency's right to
determine its internal security practices includes the right to
determine policies and actions which are part of its plan to secure or
safeguard its physical property against internal or external risks. See
American Federation of Government Employees, AFL-CIO, Local 32 and
Office of Personnel Management, Washington, D.C., 14 FLRA No. 2 (1984)
(Union Proposal 2).
In this case the Agency has determined that an essential component of
its plan to secure its physical property is to provide access to the
building only through a guarded front door. The Union proposal however,
by providing employees with duplicate keys to the roof door, effectively
negates this plan. Therefore, it directly interferes with the Agency's
right to determine its internal security practices and is outside the
duty to bargain. See American Federation of Government Employees,
AFL-CIO, Local 15 and Department of the Treasury, Internal Revenue
Service, North Atlantic Region, 2 FLRA 875 (1980).
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 28, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY