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16:0791(108)NG - NFFE Local 1827 and Defense Mapping Agency, Aerospace Center, St. Louis Air Force Station, MO -- 1984 FLRAdec NG

[ v16 p791 ]
The decision of the Authority follows:

 16 FLRA No. 108
                                            Case No. O-NG-747
    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
    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
                                       Ronald W. Haughton, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
                             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
    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.
                                       (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).