18:0305(37)NG - AFGE Local 32 and OPM -- 1985 FLRAdec NG

 18 FLRA No. 37
 
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, AFL-CIO, LOCAL 32 
 Union 
 
 and 
 
 OFFICE OF PERSONNEL MANAGEMENT 
 Agency
 
                                            Case No. 0-NG-1009
 
                 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 raises an issue
 concerning the negotiability of one Union proposal.  Upon careful
 consideration of the entire record, including the parties' contentions,
 /1/ the Authority makes the following determinations.
 
          Union Proposal #2-- If circumstances warrant it, additional
       non-production time will be allowed for completion of the new
       forms under the new system.
 
    This proposal, by its terms, would require the Agency to provide a
 certain amount of time, i.e., "additional non-production time," within
 which certain new forms can be completed by bargaining unit employees.
 Consequently, the effect of this proposal would be to require the Agency
 to either grant extra time or not to count certain new time when making
 determinations of the quantity and timeliness of employee's work
 product.  In this regard, the instant proposal is to the same effect as
 Union Proposal 2 in American Federation of Government Employees,
 AFL-CIO, Local 1923 and Department of Health and Human Services, Social
 Security Administration, 12 FLRA 17 (1983), also requiring the Agency to
 either grant extra time or not to count certain time when making
 determinations of the quality and quantity of employee's work product.
 In that case, the Authority found the proposal, which would have given
 trainees "time allowances" within which to learn and implement certain
 procedures, outside the duty to bargain as it would interfere with
 management's section 7106(a)(2)(A) and (B) rights to "direct" employees
 and "to assign work." Hence, as the instant proposal would also require
 the Agency to provide time allowances, i.e., "additional non-production
 time," it is, for the reasons and case cited in Department of Health and
 Human Services, likewise, outside 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 24, 1985
 
                                       Henry B. Frazier III, Acting
                                       Chairman
                                       William J. McGinnis, Jr., Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ The Union did not file a Reply Brief in this case.