International Federation of Professional and Technical Engineers, Local 96 (Union) and U.S. Army Corps of Engineers, Pittsburgh District (Agency)
[ v56 p1033 ]
56 FLRA No. 181
INTERNATIONAL FEDERATION OF
PROFESSIONAL AND TECHNICAL
ENGINEERS, LOCAL 96
U.S. ARMY CORPS OF ENGINEERS
DECISION AND ORDER ON
December 28, 2000
Before the Authority: Donald S. Wasserman, Chairman; Dale Cabaniss and Carol Waller Pope, Members.
I. Statement of the Case
This case is before the Authority on a negotiability appeal filed by the Union under § 7106(a)(2)(E) of the Federal Service Labor-Management Relations Statute (the Statute), and concerns one multi-part proposal relating to relocation of an Agency organizational unit. [n1] The Agency filed a Statement of Position. [n2] The Union did not file a Response to the Agency's Statement of Position.
For the reasons that follow, we find that the proposal affects management's right to determine its organization under § 7106(a)(1) of the Statute and dismiss the petition for review.
II. Proposal [n3]
MITIGATION FOR RE-LOCATION
Section 10.1. It is recognized that the EMPLOYER is considering relocation of several or all employees within the bargaining unit to other than the Wm. S. Moorhead Federal Building location. It is also recognized that such movement could be disruptive and adverse to a majority of EMPLOYEES in the bargaining unit. It is also recognized that the present location is advantageous for many services and facilities for both the EMPLOYER and EMPLOYEE.
Section 10.2. It is, therefore, agreed, in accordance with Section 2.1.c.(3), that prior to any move greater than 2 blocks from the present location the following conditions, which are also available in the present location, will also be provided in an equal or greater standard as presently provided at the Wm. S. Moorhead Federal Building:
(1) An automatic fire sprinkler system;
(2) A full[-]time Fire department service in the municipality;
(3) A full[-]time Police department service in the municipality;
(4) A security service will be provided to building;
(5) Guests entering the building will be required to enter through a metal detector;
(6) Accompaniment upon request at parking facilities;
(7) A full[-]time EMT department service in the municipality;
(8) Major medical (hospital) facilities;
(9) On[-]site health facility.
(1) Day care facility on premises;
(2) At least three banking centers will be available within 5 blocks;
(3) Public transportation;
(4) Retail outlets;
(5) Eating establishments;
(6) Adequate and available parking within 5 blocks. [ v56 p1034 ]
Section 10.3. It is also agreed, in accordance [with] Section 2.1.c.3., that prior to any move greater than 2 blocks from the present location that the EMPLOYER will secure a maximum RETENTION ALLOWANCE for all categories within the bargaining unit. This would serve as mitigation for the adversities instilled upon the EMPLOYEE as a result of the move.
Section 10.4. The EMPLOYER [will] provide full disclosure as to any and all plans for relocation of personnel immediately upon discussion of the subject.
Section 10.5. This article shall not apply to voluntary relocations by an EMPLOYEE under any alternative site work arrangement.
III. Positions of the Parties
The Agency contends that because the proposal imposes conditions on management's decision as to the geographic location where it will conduct its operations, the proposal affects management's right to determine its organization under § 7106(a)(1) of the Statute.
The Agency also claims that Section 10.3. of the proposal is inconsistent with law, 5 U.S.C. § 5754, and Government-wide regulation, 5 C.F.R. §§ 575.301 and 304, because it requires the payment of a retention allowance to individuals who would not meet the legal and regulatory requirements for such an allowance.
Finally, the Agency maintains that Section 10.2.a.(6). of the proposal affects management's right to assign work under § 7106(a)(2)(B) of the Statute because it would require the assignment of an employee to accompany another employee to a parking facility.
The Union did not file a response to the Agency's statement of position and so did not address the Agency's claims set forth above.
IV. Analysis and Conclusions
The Authority's Regulations prescribe the sequence in which the parties file their positions