14:0438(69)NG - AFGE Local 2761 and Army, Army Adjutant General Publication Center, St. Louis, MO -- 1984 FLRAdec NG
[ v14 p438 ]
14:0438(69)NG
The decision of the Authority follows:
14 FLRA No. 69 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2761 Union and U.S. DEPARTMENT OF THE ARMY, U.S. ARMY ADJUTANT GENERAL PUBLICATION CENTER, ST. LOUIS, MISSOURI Agency Case No. O-NG-411 DECISION AND ORDER ON NEGOTIABILITY ISSUES 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 concerns the negotiability of one Union proposal. /1/ Upon careful consideration of the entire record, including the parties' contentions, the Authority makes the following determinations. Union Proposal A. The training program will be developed with a committee, comprised of three (3) representatives from Management, and three (3) from the Union. B. The committee will report annually, after a formal review of the training provided for the past year. C. The committee will establish goals which are consistent with the projected needs of the Center. D. The committee will meet at least quarterly. In agreement with the Union, the Authority finds this proposal for a joint labor-management committee to develop the Agency's training program to be a negotiable procedure under section 7106(b)(2) of the Statute. /2/ Insofar as appears from the record, the committee is intended to serve as a forum for Union participation in the evaluation of training needs and in the formulation of programs to meet those needs, but not to negotiate the content of the Agency's training. /3/ That is, the proposal would only provide the Union an opportunity to express its views regarding the Agency's training programs, rather than mandating joint determination of the substantive aspects of those programs. Thus, similar to Union Proposal 2 which the Authority held to be negotiable in International Brotherhood of Electrical Workers, AFL-CIO, Local 121 and U.S. Government Printing Office, Washington, D.C., 8 FLRA No. 35 (1982) (proposal to negotiate retraining programs incident to reductions in force), the present proposal would not require the retraining of any employee. Cf. National Association of Air Traffic Specialists and Department of Transportation, Federal Aviation Administration, 6 FLRA No. 106 (1981) (Proposals I-III) (proposals requiring management to provide training at stated intervals held nonnegotiable); U.S. Government Printing Office, supra, (Proposal 1) (proposal requiring management to provide training to unit employees held nonnegotiable). Furthermore, the present proposal would not limit or prescribe the duration of training assignments and the scheduling thereof, cf. International Association of Fire Fighters, Local F-61 and Philadelphia Naval Shipyard, 3 FLRA 438, 439 (1980) (proposal specifying length of training sessions and limiting time periods for training held nonnegotiable); International Association of Fire Fighters, AFL-CIO, CLC, Local F-116 and Department of the Air Force, Vandenberg Air Force Base, California, 7 FLRA No. 122 (1982) (proposal limiting training to certain time periods held nonnegotiable); and would not mandate specific training assignments to particular employees upon request, cf. Federal Aviation Administration, supra. Rather, Section A of the proposal would only obligate the Agency to consider the Union's views in planning the training program. Thus, the Authority concludes from the record that the proposal would not interfere with the Agency's discretion concerning whether to assign employees to training programs. The Authority concludes further that the proposed committee is a negotiable procedure under section 7106(b)(2) since it would not prevent the Agency from acting at all to assign training in its discretion, pursuant to its right to assign work under section 7106(a)(2)(B) of the Statute. Moreover, the Agency's remaining arguments in support of its claim that the proposal is outside the duty to bargain do not require a different result. First, for the reasons stated in National Federation of Federal Employees, Local 541 and Veterans Administration Hospital, Long Beach, California, 12 FLRA No. 62 (1983), the present proposal would not, by requiring negotiation regarding Union participation on the committee, interfere with management's right to assign work under the Statute. In the cited decision, the Authority rejected this claim with respect to a proposal, to the same effect as the one disputed herein, which required negotiation regarding union participation on a committee to design, develop and administer an incentive awards program. Second, the Agency contention that the Union's designation of members of the committee interferes with its right to assign employees under section 7106(a)(2)(A) of the Statute /5/ is inapposite. As the Authority has consistently held, the right to assign employees means to assign them to positions in the agency, see, e.g., American Federation of Government Employees, AFL-CIO, Local 987 and Air Force Logistics Command, Wright-Patterson Air Force Base, Ohio, 5 FLRA No. 15 (1981); American Federation of Government Employees, AFL-CIO, Local 916 and Tinker Air Force Base, Ohio, 7 FLRA No. 45 (1981) (Union Provision III). Designation of an employee to serve as a representative on the committee, however, would not constitute an assignment to a position and, hence, would not concern the right to assign employees under the Statute. /6/ Third, contrary to the Agency's contention that the proposed Union representation on the committee interferes with its right to determine the personnel by which Agency operations shall be conducted under section 7106(a)(2)(B), /7/ the Authority finds that, in this respect, the proposal is to the same effect as the proposal in American Federation of Government Employees, AFL-CIO, Local 1786 and Marine Corps Development and Education Command, Quantico, Virginia, 2 FLRA 423 (1980), providing for union representation on wage survey teams, which was held not to prevent the agency from determining the personnel to represent it on those teams. For the reasons fully discussed in Marine Corps Development and Education Command, therefore, the Authority finds that the proposal at issue herein does not directly interfere with the Agency's rights under section 7106(a)(2)(B) of the Statute. Finally, the Agency's contention that the disputed proposal herein concerns the "means" of performing work under section 7106(b)(1), /8/ about which it may elect but cannot be required to negotiate, cannot be sustained, for the reasons stated in Veterans Administration Hospital, Long Beach, supra, in which the Authority rejected the same argument in connection with a proposal to the same effect. Under section 7106(b)(1), a joint labor-management committee which reports annually on goals established to meet the Agency's training needs would not constitute a "means" of performing the work of the Agency, i.e., its publications work. 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 as to the "absences" proposal, with respect to which the Agency withdrew its allegation of nonnegotiability. IT IS FURTHER ORDERED that the Agency shall upon request (or as otherwise agreed to by the parties) bargain concerning the "committee" proposal. Issued, Washington, D.C., May 6, 1984 Barbara J. Mahone, Chairman Ronald W. Haughton, Member Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES$ --------------- /1/ In its response to the petition for review, the Agency withdrew its allegation that a second proposal concerned with the manner of charging absences is nonnegotiable. Accordingly, there is no longer an issue as to whether that proposal is within the duty to bargain. /2/ In deciding that the Union's proposal is within the duty to bargain, the Authority, of course, makes no judgment as to its merits. /3/ Union Response at 3. /4/ Section 7106 of the Statute provides, in relevant part, 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(.) (b) Nothing in this section shall preclude any agency and any labor organization from negotiating-- . . . . (2) procedures which management officials of the agency will observe in exercising any authority under this section(.) /5/ Section 7106(a)(2)(A) provides, in relevant part, 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-- (A) to . . . assign . . . employees in the agency(.) /6/ Similarly, the Agency's claim that it could be required to reclassify the positions of employees serving as Union representatives due to their additional responsibilities on the committee and as a consequence to assign them to higher-graded positions, is inapposite. The committee-related tasks performed by Union representatives would not be a part of such employees' jobs and would not need to be reflected in their position descriptions. See National Federation of Federal Employees, Local 541 and Veterans Administration Hospital, Long Beach, California, 12 FLRA No. 62 (1983) at 5 of opinion. /7/ Section 7106(a)(2)(B) provides, in relevant part, 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 determine the personnel by which agency operations shall be conducted(.) /8/ Section 7106(b)(1) provides, in relevant part, as follows: Sec. 7106. Management rights . . . . (b) Nothing in this section shall preclude any agency and any labor organization from negotiating-- (1) at the election of the agency . . . on the technology, methods, and means of performing work(.)