24:0940(91)NG - AFGE Local 987 and Air Force, Warner Robins Air Force Logistics Center, Robins AFB, GA -- 1986 FLRAdec NG
[ v24 p940 ]
24:0940(91)NG
The decision of the Authority follows:
24 FLRA No. 91
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 987
Union
and
DEPARTMENT OF THE AIR FORCE
WARNER ROBINS AIR FORCE LOGISTICS CENTER
ROBINS AIR FORCE BASE, GEORGIA
Agency
Case No. 0-NG-1309
DECISION AND ORDER OF NEGOTIABILITY ISSUE
I. Statement of the Case
This case is before the Authority because of a negotiability appeal
filed under section 7105(a)(2)(E) of the Federal Service
Labor-Management Relations Statute (the Statute). The case concerns the
negotiability of a Union proposal that Robins Air Force Base "allow Gate
12 (North end of Base) to remain operational on the current hours
scheduled." We find that the proposal is not negotiable.
II. Positions of the Parties
The Agency states that, following the sharply increased terrorist
activity beginning in the late 1970's, the Air Force began to tighten
the security of its installations in order to better safeguard and
protect its facilities, aircraft and employees. Gate 12 is located at
the North end of the runway, and the Agency states that its closure is
intended to prevent access to Robins AFB's flight line area from outside
the base. The Agency argues that (1) the decision to close Gate 12 is
an exercise of management's right to determine its internal security
practices under section 7106(a)(1) of the Statute, and that such
determination is not negotiable; and (2) the proposal violates
management's right to determine the numbers, types, and grades of
employees assigned to a work project under section 7106(b)(1).
The Union states in its Petition for Review that the intent of its
proposal is "to continue the manning of Gate 12 for the entrance and
exit for personnel working in the SAC (Strategic Air Command) Location."
According to the Union, before the Agency decided to close the gate, the
gate had been staffed before work and at the end of the day shift "to
allow employees easier access to their remote area jobs and also to be
able to leave the area, without traveling some 3 1/2 miles through the
heavy traffic on the main-stream of the work force." Union's Petition
for Review. The Union did not provide any arguments in its petition for
review supporting the negotiability of the proposal, nor did it file a
reply brief.
III. Analysis
An agency's right to determine its internal security practices
includes the right to determine what is necessary to safeguard its
physical property against internal or external risks. See, for example,
National Federation of Federal Employees, Local 29 and Department of the
Army, Kansas City District, U.S. Army Corps. of Engineers, Kansas City,
Missouri, 21 FLRA No. 32 (1986) (Union Proposal 1), petition for review
filed sub nom. National Federation of Federal Employees, Local 29 v.
FLRA, No. 86-1308 (D.C. Cir. May 28, 1986). In this case, the Agency
has determined that it is essential to the security of the flight line
on the base to close Gate 12. The Union's proposal that the gate be
kept open negates management's internal security plan, and therefore
violates the Agency's right to determine its internal security
practices. See American Federation of State, County and Municipal
Employees, AFL-CIO, Local 2910 and The Library of Congress, 15 FLRA 612
(1984) (in which the Authority found that a union proposal that a roof
door be accessible to employees by key effectively negated an essential
component of the Agency's plan to secure its physical property, and was
therefore outside the duty to bargain). Moreover, the proposal does not
concern the impact and implementation of the Agency's decision to close
the gate; rather, it would require the Agency to bargain over the
substance of its decision.
IV. Conclusion
We find that the Union's proposal directly interferes with the
Agency's right to determine its internal security practices and is
therefore outside the duty to bargain. In view of this finding, it is
unnecessary to pass on the Agency's further argument with regard to
mangement's right to determine the numbers, types and grades of its
employees.
V. Order
The petition for review is dismissed.
Issued, Washington, D.C., December 30, 1986.
/s/ Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III, Member
/s/ Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY