15:0802(153)NG - IFPTE Local 4 and Navy, Portsmouth Naval Shipyard, Portsmouth, NH -- 1984 FLRAdec NG

 15 FLRA No. 153
 
 INTERNATIONAL FEDERATION OF
 PROFESSIONAL AND TECHNICAL ENGINEERS,
 LOCAL 4, AFL-CIO
 Union
 
 and
 
 DEPARTMENT OF THE NAVY,
 PORTSMOUTH NAVAL SHIPYARD,
 PORTSMOUTH, NEW HAMPSHIRE
 Agency
 
                                            Case No. O-NG-536
 
                 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).  As set forth in the
 final submissions of the parties (i.e., the Agency's statement of
 position and the Union's response), the matter in dispute is as follows:
 
          Consistent with the objectives and principles of FPM 531,
       Subchapter 2, reemployment of former employees to a bargaining
       unit position will be accomplished in a fair and equitable manner.
        The Union will be forwarded a copy of reemployment documents
       affecting unit employees.  In the establishment of the rate of
       reemployment, the exercise of sound and reasonable managerial
       discretion will be followed.  (The underscored language is in
       dispute.)
 
    Upon careful consideration of the entire record, including the
 parties' contentions, the Authority makes the following determinations.
 This proposal would require the Agency to exercise its discretion under
 Federal Personnel Manual Chapter 531 to set the rate of basic pay in a
 fair and even-handed manner when rehiring former employees.  Therefore,
 it is identical to the proposal in American Federation of Government
 Employees, AFL-CIO, Local 2024 and Department of the Navy, Portsmouth
 Naval Shipyard, Portsmouth, New Hampshire, 11 FLRA No. 31 (1983).  In
 that case, the Authority found the proposal concerned matters which were
 conditions of employment, since it would benefit former employees only
 if and when they were reemployed in bargaining unit positions.
 Accordingly, the present proposal also concerns matters stated in
 Portsmouth Naval Shipyard, is within the duty to bargain under the
 Statute.
 
    Accordingly, pursuant to section 2424.10 of the Authority's Rules and
 Regulations (5 CFR 2424.10), IT IS ORDERED that the Agency shall upon
 request (or as otherwise agreed to by the parties) bargain concerning
 the Union's proposal.  /1/
 
    Issued, Washington, D.C., August 29, 1984.
                                       BARBARA J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ In deciding that the Union's proposal is within the duty to
 bargain, the Authority makes no judgment as to its merits.