22:0868(92)NG - AFGE Local 3231 and SSA -- 1986 FLRAdec NG
[ v22 p868 ]
22:0868(92)NG
The decision of the Authority follows:
22 FLRA No. 92 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 3231 Union and SOCIAL SECURITY ADMINISTRATION Agency Case No. 0-NG-1023 DECISION AND ORDER ON NEGOTIABILITY ISSUES 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 petition concerns the negotiability of three proposals submitted during the course of impact and implementation bargaining on the merger of the Bridgeport, Ohio Branch Office and the Wheeling, West Virginia District Office of the Social Security Administration. II. Procedural Issues The Union's petition for review originally contained six proposals. In its Response to the Agency's Statement of Position the Union withdrew its request for review as to three of these proposals and a portion of Proposal 1. Accordingly, the three proposals and the portion of Proposal 1 are no longer in dispute and will not be considered further. In addition, since the Agency withdrew its allegation of nonnegotiability as to a portion of Proposal 3, the Union's appeal as to that portion of the proposal is now moot. Finally, the Agency's contention that the Union's petition for review should be dismissed for failure to timely serve the head of the Agency cannot be sustained. While the Union initially mailed a copy of its petition for review to local management and the headquarters of the Social Security Administration, the Union subsequently served a copy of its petition and response on the Agency head's designee. III. Union Proposal 1 (Portions remaining in dispute) Hours -- Office hours are from 8:00 AM to 4:30 PM. Employees may use the first hour of the day, 8:00-9:00 AM, for training and manual maintenance. A. Positions of the Parties The Agency contends that because the first portion of this proposal prescribes specific office hours, it involves the technology, methods and means of performing work under section 7106(b)(1) of the Statute. The Agency contends that the second portion of the proposal, permitting employees to use the first hour of the day for training and manual maintenance, interferes with management's right to direct employees under section 7106(a)(2)(A) of the Statute. The Agency also contends that by prescribing certain assignments at specific times of day, the second portion of the proposal interferes with management's right to assign work under section 7106(a)(2)(B) of the Statute. The Union argues that the Agency has not made a showing that the first portion of Proposal 1 violates the Statute. The Union contends that the second portion of the proposal does not interfere with management's right to assign work. B. Analysis In Department of the Air Force, Lowry Air Force Base, Colorado, 16 FLRA 1104 (1984), the Authority held that an agency had no obligation to bargain over a change in hours that a Commissary store would be open. The Authority reasoned that since a part of the agency's mission was to provide commissary services for various personnel, the decision about the store's hours was mission-related and thus nonnegotiable pursuant to section 7106(a)(1) of the Statute. Since a part of the mission of the Agency in this case is to provide services to the public, a decision regardint the particular hours when a Social Security field office is to be open to the public is mission-related. Thus, based on Lowry Air Force Base the first portion of this proposal which would establish the specific hours the Social Security Office will be open to the public is also outside the duty to bargain. The Union claims that while the second portion of the proposal is intended to continue the historic practice in Social Security field offices of employees using the first hour of the work day for reading assigned materials, it does not contemplate employees being able to refuse other work assignments during this hour. This statement of intent is inconsistent with the express language of this portion of the proposal which permits employees, at their option, to spend the first hour of the work day performing training and manual maintenance to the exclusion of any other tasks. Thus, this portion of the proposal is to the same effect as Proposal 1 found outside the duty to bargain in American Federation of Government Employees, Local 2094, AFL-CIO and Veterans Administration Medical Center, New York, New York, 19 FLRA 1027 (1985). The Authority held that as Proposal 1 in that decision required management to refrain from assigning employees normal duties during specified time periods, it precluded the assignment of other work at those hours and thus violated management's right to assign work under section 7106(a)(2)(B) of the Statute. Based on the reasons and cases cited in Veterans Administration Medical Center, since the second portion of Proposal 1 in this case also requires management to refrain from assigning employees certain duties during a specified time period it is outside the duty to bargain. As to the Agency's assertion that this portion interferes with its right to direct employees under section 7106(a)(2)(A) of the Statute, we note that the Agency has not provided any support for its claim. We need not reach this issue in view of our finding above that this portion of the proposal interferes with the Agency's right to assign work under section 7106(a)(2)(B) and is accordingly nonnegotiable for that reason. C. Conclusion The first portion of Proposal 1 violates management's right to determine its mission under section 7106(a)(1) of the Statute and the second portion of Proposal 1 violates management's right to assign work under section 7106(a)(2)(B) of the Statute. IV. Union Proposal 2 The attached pages are workflow procedures for the Wheeling District. Changes will be made in writing and management will make any appropriate notifications. A. Positions of the Parties The Agency contends that because this proposal concerns workflow, or the means used to perform the work, it involves the technology, methods, and means of performing work under 7106(b)(1) of the Statute. In addition, the Agency contends that the proposal interferes with management's right to assign work under section 7106(a)(2)(B) of the Statute. The Union contends that the proposal requires management to give the union written notice of change in the manner work is accomplished within the office, and that the proposal does not concern the substance or content of office work procedures. As such, the Union argues that the proposal is a procedure negotiable under section 7106(b)(2) of the Statute. B. Analysis The term "workflow procedures" refers to a written document prepared by management which sets out workflow or work procedures within the office. The Agency has not in any manner indicated how requiring written notice of a change in work procedures interferes with the technology, methods and means used by the Agency for accomplishing or furthering its work under section 7106(b)(1). Nor has the Agency established how providing written notice to employees of changes in work procedures would prevent it from assigning employees or assigning work especially since nothing in the proposal can be construed to prevent the Agency from making changes and requiring compliance with them. Thus, this proposal constitutes a procedure by which the Agency exercises its management rights and is negotiable under section 7106(b)(2) of the Statute. See American Federation of Government Employees, AFL-CIO, Local 1999 and Army-Air Force Exchange Service, Dix-McGuire Exchange, Fort Dix, New Jersey, 2 FLRA 152, 155 (1979), enforced sub nom. Department of Defense v. Federal Labor Relations Authority, 659 F.2d 1140 (D.C. Cir. 1981), cert. denied sub nom. AFGE v. FLRA, 455 U.S. 945, (1982). C. Conclusion This proposal is not inconsistent with the Agency's right to determine the technology, methods, and means of performing work, under section 7106(b)(1) or inconsistent with the Agency's right to assign employees under section 7106(a)(2)(A) or with the Agency's right to assign work under section 7106(a)(2)(B). Rather, the proposal constitutes a negotiable procedure under section 7106(b)(1). V. Union Proposal 3 (Portion remaining in dispute) Reassignment Procedures Adequate training needed for satisfactory performance in the new speciality will be provided on duty time. A. Positions of the Parties The Agency argues that by requiring management to provide specific training during duty time, Proposal 3 interferes with management's right to assign work under section 7106(a)(2)(B) of the Statute. The Union argues that this proposal represents an "appropriate arrangement" under section 7106(b)(3) of the Statute for employees who are adversely affected by management's exercise of its authority. B. Analysis The employees subject to this proposal are claims representatives. There are two specializations within the claims representatives position, namely, Title II (T-2) involving the processing of claims concerning retirement, survivors and disability claims and Title XVI (T-16) involving the processing of claims for Supplemental Security Income. According to the Agency, employees are trained "intensively" in one of these specialties with only limited training in the other specialty. Employees are then assigned to perform duties in the area in which they received more intensive training. The proposal concerns employees who because of the office merger will be assigned duties in the specialty area in which they previously received only limited training. This proposal is to the same effect as the portion of a proposal requiring management to assign formal training to employees to enable them to perform in a position "of equivalent significance and grade value" in American Federation of Government Employees, AFL-CIO, Local 1923 and Department of Health and Human Services, Social Security Administration, 9 FLRA 899 (1982). The Authority found that portion of the proposal to be inconsistent with management's right under section 7106(a)(2)(B) of the Statute to assign work. Thus, based on the reasons and cases cited in Social Security Administration, this proposal, which also requires the Agency to provide certain specified training, conflicts with management's right to assign work. See also National Federation of Federal Employees, Local 108 and U.S. Department of Agriculture, Arkansas State Office of the Farmers Home Administration, 14 FLRA 19 (1984). We turn now to the question of whether the proposal constitutes an appropriate arrangement within the meaning of section 7106(b)(3) of the Statute. We assume that the proposal was intended to ameliorate an adverse effect perceived by claims representatives who, because of the office merger, are assigned duties outside the area in which they previously received intensive training. Although the proposal would obligate the Agency to provide adequate training it does not specify the time or manner in which training will be provided. Management can determine the type of training to provide, that is, formal classes or on-the-job training, and further, when such training is to be provided. Nor does the proposal condition the Agency's right to assign duties or evaluate employees' performance of the duties on the Agency's first having trained the employees. Rather, the proposal merely provides that at some point the Agency should provide such training as is necessary for employees to satisfactorily perform their assigned duties. The Agency specifically acknowledges that "(i)n practice, employees do not cross over from (one specialty to the other) without training." Agency Statement of Position at second page. The negative impact of this proposal on management's right to assign work is not so significant as to outweigh the disruption to an employee caused by being assigned duties outside the area in which he or she received intensive training and the benefit conferred by the proposal of an opportunity for employees to receive adequate training so that they may perform the new duties satisfactorily. See National Association of Government Employees, Local R14-87 and Kansas Army National Guard, 21 FLRA No. 4 (1986). Therefore, we find that this proposal does not excessively interfere with management's right, under section 7016(a)(2)(B) to assign work. C. Conclusion The Authority finds that Proposal 3 would not excessively interfere with management's rights under section 7106(a)(2)(B) and thus, that the proposal constitutes an appropriate arrangement for employees adversely affected by the exercise of management's rights within the meaning of section 7106(b)(3) of the Statute. VI. Order Accordingly, pursuant to section 2424.10 of the Authority's Rules and Regulations, IT IS ORDERED that the Union's petition for review as to Proposal 1 be, and it hereby is, dismissed. IT IS FURTHER ORDERED that the Agency shall upon request (or as otherwise agreed to by the parties) bargain concerning Union Proposals 2 and 3. /*/ Issued, Washington, D.C., July 30, 1986. /s/ JERRY L. CALHOUN Jerry L. Calhoun, Chairman /s/ HENRY B. FRAZIER III Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES$ --------------- (*) In finding Union Proposals 2 and 3 within the duty to bargain, the Authority makes no judgment as to their merits.