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U.S. Federal Labor Relations Authority

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19:0381(50)NG - NAGE Local R14-87 and Army and Air Force, Kansas Army NG -- 1985 FLRAdec NG

[ v19 p381 ]
The decision of the Authority follows:

 19 FLRA No. 50
                                            Case No. O-NG-936
    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 one Union proposal.  Upon careful
 consideration of the entire record, including the parties' contentions,
 the Authority makes the following determination.
                              Union Proposal
    Change Section 1.a to read:
          a.  At the USP & FD, MATES, AASG and the CSMS, a joint Safety
       Committee will be formed.  Fifty (50) percent of the total
       membership of said committee will be appointed by the union.
       Chairman of the committee will alternate between union and
       management, at alternating meetings.  The committee will meet
       quarterly unless required sooner because of a specific problem
       area.  During such meetings, safety inspections and evaluation of
       work areas will be accomplished and reported hazards will be
       inspected, the committee will develop a checklist to be utilized
       for inspections and evaluations.  The checklist will be updated at
       least annually.  It is further recognized that each employee has a
       primary responsibility for his own safety and an obligation to
       himself and others.  In the event that a specific hazard is
       encountered, or a specific condition is considered unsafe, an
       employee shall immediately notify his first level supervisor.  The
       first level supervisor will either initiate corrective action
       on-the-spot or immediately notify the Installation Safety Officer.
        If the Safety Officer is unable to correct the problem, he will
       notify the Safety Committee and an immediate inspection and
       evaluation will be made.  The Safety Committee will make their
       recommendation to the facility supervisor.  The Facility
       Supervisor will evaluate the problem and the recommendations from
       the safety committee, and take appropriate action.  Documentation
       of the final decision and/or action by management, as a result of
       the safety committee recommendations will be furnished to the
       union within thirty (30) days.  In the event that additional time
       is required, time limits of this section may be waived by mutual
       agreement of parties.
          (Only the underlined portion of the proposal is in dispute.)
    The record indicates that the Agency by regulation has established
 Safety and Occupational Health Councils which are chaired by
 installation commanders.  /1/ In accordance with the regulation under
 which they are established, the primary function of the councils is to
 serve as a vehicle for communication between management and unions
 through which recommendations are made to the installation commanders.
 The regulation requires union representation and participation on such
 councils.  The proposal at issue herein would extend the level of Union
 participation to include the chairmanship of the council at alternating
    The Agency contends that by requiring that a Union representative
 assume the responsibilities of the council chairman at alternating
 meetings the proposal directly interferes with management's right to
 assign work under section 7106(a)(2)(B) of the Statute.  /2/ The
 Authority agrees.  In this regard, the Authority has consistently held
 that proposals requiring the assignment of specific duties to particular
 individuals, including management officials, are nonnegotiable under
 section 7106(a)(2)(B) of the Statute.  See, e.g., National Treasury
 Employees Union and Department of the Treasury, Internal Revenue
 Service, 7 FLRA 235, 240 (1981);  National Association of Government
 Employees, Local R14-89 and Headquarters, U.S. Army Air Defense Center
 and Fort Bliss, Texas, 9 FLRA 1033, 1035 (1982);  International
 Organization of Master, Mates and Pilots and Panama Canal Commission, 11
 FLRA 115, 120 (1983);  American Federation of Government Employees,
 AFL-CIO, Local 32 and Office of Personnel Management, 14 FLRA 278
 (1984), aff'd mem. sub nom. Local 32, American Federation of Government
 Employees v. Federal Labor Relations Authority, No. 84-1251 (D.C. Cir.
 May 10, 1985).  Moreover, agency management may exercise its right under
 the Statute to make such assignments by means of an internal agency
 regulation.  See, e.g., American Federation of Government Employees,
 AFL-CIO, Local 1603 and Navy Exchange, Naval Air Station, Patuxent
 River, Maryland, 9 FLRA 1039, 1040 (1982);  American Federation of
 Government Employees, AFL-CIO, Local 3488 and Federal Deposit Insurance
 Corporation, New York Region, 17 FLRA No. 78 (1985) at note 3.
 Conversely, proposals which preclude management from assigning specific
 tasks to particular individuals, including management officials, are
 similarly nonnegotiable under section 7106(a)(2)(B) of the Statute.
 See, e.g., Association of Civilian Technicians and State of Georgia
 National Guard, 2 FLRA 581, 582-83 (1980);  Laborers' International
 Union of North America, AFL-CIO-CLC, Local 1267 and Defense Logistics
 Agency, Defense Depot Tracy, Tracy, California, 14 FLRA 686, 691-92
 (1984);  National Association of Air Traffic Specialists and Department
 of Transportation, Federal Aviation Administration, 6 FLRA 588, 595-96
 (1981);  International Organization of Masters, Mates and Pilots and
 Panama Canal Commission, 13 FLRA 508, 526 (1983).
    As indicated above, the Agency has, by internal regulation, assigned
 the task of chairmanship of its health and safety committees to
 designated management officials.  In that context, the effect of the
 Union's proposal, on the one hand, is to preclude management from making
 such an assignment at alternate meetings.  On the other hand, the
 proposal also has the effect of requiring management to assign the
 responsibilities of chairmanship to a Union representative for those
 meetings at which a management official is not scheduled to be chairman.
  In the former instance, the proposal has the same effect as the
 proposals in the Federal Aviation Administration and Panama Canal
 Commission cases cited above, which precluded management from assigning
 work to supervisors and management officials and which the Authority
 held nonnegotiable under section 7106(a)(2)(B) of the Statute.  In the
 latter instance, the proposal has the same effect as the proposals in
 the Air Defense Center and Office of Personnel Management cases, which
 required the assignment of specific tasks to particular individuals and
 which the Authority held nonnegotiable under section 7106(a)(2)(B).
 Thus, for the reasons set forth in the Federal Aviation Administration,
 Panama Canal Commission, Air Defense Center, and Office of Personnel
 Management decisions, the Union's proposal at issue herein directly
 interferes with management's right to assign work under section
 7106(a)(2)(B) of the Statute and is outside the Agency's duty to
    Accordingly, pursuant to section 2424.10 of the Authority's Rules and
 Regulations, IT IS ORDERED that the petition for review as to the
 Union's proposal be, and it hereby is, dismissed.  Issued, Washington,
 D.C., July 26, 1985
                                       Henry B. Frazier III, Acting
                                       William J. McGinnis, Jr., Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 --------------- FOOTNOTES$ ---------------
    /1/ Department of Defense (DoD) Instruction 6055.1, Paragraph 7.a.(2)
 provides, in relevant part, as follows:
    7.  Councils and Conferences
          a.  DoD Safety and Occupational Health Councils
                              .  .  .  .  .
          (2) At the installation level, DoD Components shall operate
       local safety and occupational health councils to foster mutual
       cooperation and open channels of communication, make
       recommendations to the installation commander, and perform such
       additional tasks as the commander or the council chairman may
       direct.  Although these councils are established under this
       Instruction primarily to address on-the-job personnel safety and
       health matters, the scope of their considerations may and should
       be expanded, as their title suggests, to include other safety
       concerns of the command.
          (a) Such councils shall be chaired by the installation
       commander or the commander's designee, who shall be a senior line
       management official.
          (b) Membership shall include representatives of appropriate
       functional areas such as line and staff supervision, safety,
       occupational health, fire prevention, traffic control, and
       facility engineering.
          (c) Membership shall include representatives of recognized
       employee organizations where they exist.
    /2/ Section 7106(a)(2)(B) of the Statute provides as follows:
    Sec. 7106.  Management rights
          (a) Subject to subsection (b) of this section, nothing in this
       chapter shall affect the authority of any management official of
       any agency--
                                .  .  .  .
          (2) in accordance with applicable laws--
                                .  .  .  .
          (B) to assign work, to make determinations with respect to
       contracting out, and to determine the personnel by which agency
       operations shall be conducted(.)