DEPARTMENT OF THE AIR FORCE AIR FORCE RESERVES GRISSOM AIR FORCE BASE, INDIANA and LOCAL 3254, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO
United States of America
BEFORE THE FEDERAL SERVICE IMPASSES PANEL
In the Matter of
DEPARTMENT OF THE AIR FORCE
AIR FORCE RESERVES
GRISSOM AIR FORCE BASE, INDIANA
Case No. 99 FSIP 105
LOCAL 3254, AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, AFL-CIO
DECISION AND ORDER
Local 3254, American Federation of Government Employees, AFL-CIO (Union) filed a request for assistance with the Federal Service Impasses Panel (Panel) to consider a negotiation impasse under the Federal Service Labor-Management Relations Statute (Statute), 5 U.S.C. § 7119, between it and the Department of the Air Force, Air Force Reserves, Grissom Air Force Base, Indiana (Employer).
Following investigation of the request for assistance, which involves an impasse over a change in workhours for certain night shift employees, the Panel directed the parties to submit their final offers and written statements of position, with supporting argument and evidence. After considering the entire record, the Panel would then issue a binding decision to resolve the impasse. Written submissions, including rebuttal statements, were made pursuant to this procedure, and the Panel has now considered the entire record.
The Employer is an Air Force Reserve unit whose civilian employees support the flying mission by refueling and servicing aircraft. The bargaining unit consists of approximately 500 professional and nonprofessional employees in a wide range of General Schedule and Wage Grade (WG) positions, such as air craft mechanic, fuel technician, air traffic controller, civil engineer, accountant, firefighter, security guard, boom operator, carpenter, and secretary. The parties’ collective-bargaining agreement (CBA) went into effect in October 1998, for a 3-year period.
The dispute arose as a result of the Employer’s proposal to change the quitting time from 1 a.m. to 12 a.m. for night shift employees in the Aircraft Generation Squadron (AGS), an organizational entity within the 434th Air Refueling Wing. Those affected are primarily WG-10 blue collar employees who work under a 5-4/9 compressed work schedule (CWS)(1) and perform maintenance and pre-flight service on aircraft; their workload depends on the flying schedule.
In AGS, employees work either a day or night shift and may select from several work schedules which remain in effect for 180 days; thereafter, employees must rebid for shifts. Pursuant to Article 22, Section 5, of the CBA, they may elect to work "consistent with mission requirements" a 5-4/9 or 4/10(2) CWS, a flexitour,(3) or a fixed 8-hour schedule from 7:30 a.m. to 4:30 p.m. with a 1-hour lunch break from 11:30 a.m. to 12:30 p.m. Day shift employees in AGS may start as early as 6:30 a.m. and, depending upon the type of work schedule and the duration of the lunch period, their quitting time ranges between 3 and 4:30 p.m. On the night shift, three employees on a 5-4/9 CWS currently work from 3:30 p.m. to 1 a.m., on their 9-hour days; one other employee works a 5-4/9 CWS with hours from 2:30 p.m. to 12 a.m. on the 9-hour days; others on the night shift have elected to work an 8-hour flexitour schedule from 3:30 p.m. to 12 a.m.
ISSUE AT IMPASSE
The parties disagree over whether quitting time for the night shift should be moved back 1 hour to 12 a.m.
POSITIONS OF THE PARTIES
1. The Employer’s Position
In essence, the Employer proposes that the night shift (second shift) end at 12 a.m.; the starting times for the night shift would be dependent upon the work schedule requested and approved. Employees who claim to experience a hardship because of this change may request an accommodation pursuant to the procedures agreed upon by the parties on March 30, 1999.(4) Hardship is defined as a bona fide condition difficult to endure. This schedule change, which would result in employees on a 5-4/9 CWS starting work no later than 2:30 p.m. on their 9-hour days, is necessary because aircraft maintenance demands are highest during the mid-afternoon period when employee coverage is least predictable. Moving the ending time of the night shift back 1 hour to 12 a.m. would maximize the presence of maintenance personnel during the time of day when they are most needed, that is, at the beginning of the night shift. The aircraft flying schedule dictates that the bulk of maintenance personnel are needed during day shift hours. Having night shift employees start earlier would increase the time when the two shifts overlap, thereby facilitating communications. Most meetings occur, and more base functions are available during day shift hours, which increases the need for more AGS personnel to be present during that time, all of which affects service and production efforts. A change in the night shift ending time would not infringe upon an employee’s right to work under a CWS or flexitour. In this regard, the Employer is not terminating alternative work schedules, but merely changing the ending time of the night shift in order to enhance mission accomplishment.(5)
2. The Union’s Position
The Union proposes that night shift employees who work under a 5-4/9 CWS continue to have the option of starting work at 3:30 p.m. and finishing at 1 a.m. The proposal represents a long-standing work schedule, around which employees have adjusted their lives. Moreover, the Air Force’s own regulation, Instruction 36-807, requires that Commanders keep to a minimum changes in established work schedules and make changes only when necessary to resolve operation problems. Here, there is no demonstrated need to make the changes proposed by the Employer. Furthermore, the Employer has failed to provide any evidence that the current schedule is causing an adverse agency impact. Since the work in AGS is primarily &