File 2: Opinion of Member Pope

[ v59 p955 ]

Dissenting Opinion of Member Pope:

      Today the majority creates new law that is flatly inconsistent with precedent the majority refuses to even acknowledge. Accordingly, I dissent.

      The Authority has long and consistently held that proposals are not inconsistent with the right to assign work merely because they require management to take certain actions. See Patent Office Prof'l Ass'n, 47 FLRA 954, 957-59 (1993); Patent Office Prof'l Ass'n, 47 FLRA 10, 65-66 (1993), rev'd in part & aff'd in part on other grounds, 26 F.3d 1148 (D.C. Cir. 1994); NTEU, 43 FLRA 1279, 1293-94 (1992); AFGE, AFL-CIO, Local 446, 43 FLRA 836, 844-45 (1991) (Member Talkin dissenting on other grounds); AFGE, AFL-CIO, Nat'l Council of Field Assessment Locals, 32 FLRA 982, 985-89 (1988); NLRB Prof'l Ass'n, 32 FLRA 557, 563-65 (1988). In this connection, the Authority has stated that "[t]o conclude that a proposal or provision interferes with management's right to assign work simply because it requires an agency to take some action would completely nullify the obligation to bargain because no obligation of any kind could be placed on management through negotiations." NFFE, Local 2099, 35 FLRA 362, 368 (1990).

      The Authority has never found an exception to this principle based on the number of documents that a proposal would require management to provide. In fact,