[ v16 p791 ]
The decision of the Authority follows:
16 FLRA No. 108 NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 1827 Union and DEFENSE MAPPING AGENCY, AEROSPACE CENTER, ST. LOUIS AIR FORCE STATION, MISSOURI Agency Case No. O-NG-747 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 an issue relating to the negotiability of the following Union proposal: I understand, as an employee of the Defense Mapping Agency Aerospace Center, that I am obligated to comply with the provisions of the Espionage Act, Title 18, USC, as amended. This is to certify that I have read the Act and understand the requirements imposed upon me by its provisions; add signature and the date. Upon careful consideration of the entire record, including the parties' contentions, the Authority makes the following determination. The dispute herein arose as a result of negotiations involving the Agency's requirement that its employees sign a Secrecy Agreement in accordance with the Espionage Act, 18 U.S.C. 793 and 794. The Union submitted its proposal as a substitute for the Agency's Secrecy Agreement, the text of which appears in the Appendix of this decision. The Agency refused to negotiate over the Union's proposal, contending that it is nonnegotiable since it conflicts with management's right under section 7106(a)(1) of the Statute to determine the internal security practices of the Agency. The Agency argues that its Secretary Agreement relates to and is an integral part of its plan to prevent the unauthorized disclosure of defense information and to protect the national defense. In agreement with the Agency, the Authority finds that the Union's proposal conflicts with management's right to determine its internal security practices pursuant to section 7106(a)(1) of the Statute. Section 7106(a)(1) of the Statute reserves to management the right to determine the internal security practices of the Agency. This right extends to the establishment of rules to prevent unwarranted disclosure of privileged information. /1/ In this connection, the Agency has stated that it has established an internal security plan to prevent the unauthorized disclosure of defense information and to protect the national defense. The Secrecy Agreement embodies the Agency's determination of what constitutes necessary notice to employees as to what is required of them to ensure compliance with the Espionage Act. It also provides notice to the Agency by such employees of their understanding of, and their intent to comply with, that law. Inasmuch as the Union's proposal would replace the Secrecy Agreement, it would conflict with the Agency's decision that to prevent unauthorized disclosure of privileged information it is necessary to advise employees of the information contained in the Secrecy Agreement. Therefore, the Union's proposal is outside the duty to bargain under section 7106(a)(1) of the Statute because it is inconsistent with the Agency's right to determine its internal security practices. 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., December 13, 1984 Henry B. Frazier III, Acting Chairman Ronald W. Haughton, Member FEDERAL LABOR RELATIONS AUTHORITY Appendix SECRECY AGREEMENT 1. I understand that by virtue of my duties with the Defense Mapping Agency, I may be the recipient of information, material, plans, or intelligence which concern the security of the United States and which belong to the United States Government. I have read and understand the provisions of the Espionage Act, Title 18, USC, Section 793 and 794, as amended, concerning the disclosure of information relating to the National Defense of the United States and Section 1001 regarding the making of false statements, and I am familiar with the penalties provided for violation thereof. 2. I agree that I will never divulge, publish, or reveal, either by word, conduct, or by any other means, any classified information, intelligence, or knowledge, except in the performance of my official duties and in accordance with the laws of the United States, unless specifically authorized in writing in each case by the Secretary of Defense. 3. I understand that no change in my assignment or employment will relieve me of my obligation under this agreement which will remain binding upon me even after the termination of my service with the United States Government. 4. I understand that my employment by the Defense Mapping Agency is conditioned upon my understanding of, and strict compliance with the security directives, regulations and instructions of the Department of Defense and the Defense Mapping Agency. In witness whereof I have set my hand this . . . day . . . , 19 . . . , at the Defense Mapping Agency. (SIGNATURE) (NAME, TYPE/PRINT) (WITNESS) (DATE) (NAME, TYPE/PRINT) --------------- FOOTNOTES$ --------------- /1/ American Federation of Government Employees, AFL-CIO, National Immigration and Naturalization Service Council and U.S. Department of Justice, Immigration and Naturalization Service, 8 FLRA 347 (1982), rev'd as to other matters sub nom. U.S. Department of Justice, Immigration and Naturalization Service v. Federal Labor Relations Authority, 709 F.2d 724 (D.C. Cir. 1983) (Union Proposal 8); National Labor Relations Board Union and General Counsel of the National Labor Relations Board, 5 FLRA 696 (1981); American Federation of Government Employees, AFL-CIO, Local 15 and Department of the Treasury, Internal Revenue Service, North Atlantic Region, 2 FLRA 874 (1980).