16:0791(108)NG - NFFE Local 1827 and Defense Mapping Agency, Aerospace Center, St. Louis Air Force Station, MO -- 1984 FLRAdec NG
[ v16 p791 ]
16:0791(108)NG
The decision of the Authority follows:
16 FLRA No. 108
NATIONAL FEDERATION OF
FEDERAL EMPLOYEES, LOCAL
1827
Union
and
DEFENSE MAPPING AGENCY,
AEROSPACE CENTER, ST. LOUIS
AIR FORCE STATION, MISSOURI
Agency
Case No. O-NG-747
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 presents an issue
relating to the negotiability of the following Union proposal:
I understand, as an employee of the Defense Mapping Agency
Aerospace Center, that I am obligated to comply with the
provisions of the Espionage Act, Title 18, USC, as amended. This
is to certify that I have read the Act and understand the
requirements imposed upon me by its provisions; add signature and
the date.
Upon careful consideration of the entire record, including the
parties' contentions, the Authority makes the following determination.
The dispute herein arose as a result of negotiations involving the
Agency's requirement that its employees sign a Secrecy Agreement in
accordance with the Espionage Act, 18 U.S.C. 793 and 794. The Union
submitted its proposal as a substitute for the Agency's Secrecy
Agreement, the text of which appears in the Appendix of this decision.
The Agency refused to negotiate over the Union's proposal, contending
that it is nonnegotiable since it conflicts with management's right
under section 7106(a)(1) of the Statute to determine the internal
security practices of the Agency. The Agency argues that its Secretary
Agreement relates to and is an integral part of its plan to prevent the
unauthorized disclosure of defense information and to protect the
national defense. In agreement with the Agency, the Authority finds
that the Union's proposal conflicts with management's right to determine
its internal security practices pursuant to section 7106(a)(1) of the
Statute.
Section 7106(a)(1) of the Statute reserves to management the right to
determine the internal security practices of the Agency. This right
extends to the establishment of rules to prevent unwarranted disclosure
of privileged information. /1/ In this connection, the Agency has
stated that it has established an internal security plan to prevent the
unauthorized disclosure of defense information and to protect the
national defense. The Secrecy Agreement embodies the Agency's
determination of what constitutes necessary notice to employees as to
what is required of them to ensure compliance with the Espionage Act.
It also provides notice to the Agency by such employees of their
understanding of, and their intent to comply with, that law. Inasmuch
as the Union's proposal would replace the Secrecy Agreement, it would
conflict with the Agency's decision that to prevent unauthorized
disclosure of privileged information it is necessary to advise employees
of the information contained in the Secrecy Agreement. Therefore, the
Union's proposal is outside the duty to bargain under section 7106(a)(1)
of the Statute because it is inconsistent with the Agency's right to
determine its internal security practices.
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., December 13, 1984
Henry B. Frazier III, Acting
Chairman
Ronald W. Haughton, Member
FEDERAL LABOR RELATIONS AUTHORITY
Appendix
SECRECY AGREEMENT
1. I understand that by virtue of my duties with the Defense Mapping
Agency, I may be the recipient of information, material, plans, or
intelligence which concern the security of the United States and which
belong to the United States Government. I have read and understand the
provisions of the Espionage Act, Title 18, USC, Section 793 and 794, as
amended, concerning the disclosure of information relating to the
National Defense of the United States and Section 1001 regarding the
making of false statements, and I am familiar with the penalties
provided for violation thereof.
2. I agree that I will never divulge, publish, or reveal, either by
word, conduct, or by any other means, any classified information,
intelligence, or knowledge, except in the performance of my official
duties and in accordance with the laws of the United States, unless
specifically authorized in writing in each case by the Secretary of
Defense.
3. I understand that no change in my assignment or employment will
relieve me of my obligation under this agreement which will remain
binding upon me even after the termination of my service with the United
States Government.
4. I understand that my employment by the Defense Mapping Agency is
conditioned upon my understanding of, and strict compliance with the
security directives, regulations and instructions of the Department of
Defense and the Defense Mapping Agency.
In witness whereof I have set my hand this . . . day . . . , 19 . . .
, at the Defense Mapping Agency.
(SIGNATURE)
(NAME, TYPE/PRINT)
(WITNESS) (DATE)
(NAME, TYPE/PRINT)
--------------- FOOTNOTES$ ---------------
/1/ American Federation of Government Employees, AFL-CIO, National
Immigration and Naturalization Service Council and U.S. Department of
Justice, Immigration and Naturalization Service, 8 FLRA 347 (1982),
rev'd as to other matters sub nom. U.S. Department of Justice,
Immigration and Naturalization Service v. Federal Labor Relations
Authority, 709 F.2d 724 (D.C. Cir. 1983) (Union Proposal 8); National
Labor Relations Board Union and General Counsel of the National Labor
Relations Board, 5 FLRA 696 (1981); American Federation of Government
Employees, AFL-CIO, Local 15 and Department of the Treasury, Internal
Revenue Service, North Atlantic Region, 2 FLRA 874 (1980).