[ v08 p188 ]
08:0188(35)NG
The decision of the Authority follows:
8 FLRA No. 35 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO, LOCAL 121 Union and U.S. GOVERNMENT PRINTING OFFICE, WASHINGTON, D.C. Agency Case No. O-NG-365 ORDER DENYING MOTION FOR RECONSIDERATION THIS MATTER IS BEFORE THE AUTHORITY ON A MOTION BY LOCAL 121 OF THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO FOR RECONSIDERATION OF THE PORTION OF THE AUTHORITY'S DECISION AND ORDER RELATING TO PROPOSAL 1 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 1 CONCERNED, FIRST, THE ASSIGNMENT OF CERTAIN TRAINING TO UNIT EMPLOYEES AND, SECOND, A "WORK PRESERVATION" REQUIREMENT, THAT IS, THE CONTINUED ASSIGNMENT OF WORK TO UNIT EMPLOYEES WHICH HAD TRADITIONALLY AND HISTORICALLY BEEN PERFORMED BY SUCH EMPLOYEES. THE AUTHORITY FOUND THIS PROPOSAL TO BE OUTSIDE THE DUTY TO BARGAIN. IN ITS MOTION FOR RECONSIDERATION, THE UNION STATES THAT THE MOTION WAS NECESSITATED "BECAUSE THE ORIGINAL INFORMATION SUBMITTED TO THE AUTHORITY BY OUR UNION (IN ITS RESPONSE TO THE AGENCY'S STATEMENT OF POSITION) DID NOT PRESENT THE AUTHORITY WITH A CLEAR OVER-ALL VIEW OF THE UNIQUE COMPLEXITY OF THE PROBLEMS OF TRAINING AND PROTECTION OF JOBS THAT HAS SUCCESSFULLY BEEN DONE BY OUR MEMBERS FOR MANY YEARS." THE UNION THEN ESSENTIALLY DISPUTES VARIOUS CONTENTIONS MADE BY THE AGENCY IN ITS STATEMENT OF POSITION FILED WITH THE AUTHORITY AND, IN ADDITION, INCLUDES AN UNDATED "WORK PRESERVATION" AGREEMENT PURPORTEDLY ENTERED INTO BY THE AGENCY. AS TO SUCH MOTIONS FOR RECONSIDERATION, SECTION 2429.17 OF THE AUTHORITY'S RULES AND REGULATIONS PROVIDES, IN PART, THAT THE MOVING PARTY MUST ESTABLISH "EXTRAORDINARY CIRCUMSTANCES" IN ITS MOVING PAPERS. THE UNION HEREIN HAS NOT DONE SO. SPECIFICALLY IN THIS RESPECT, AND IN THE ABSENCE OF ANY EVIDENCE OR EVEN AN ASSERTION TO THE CONTRARY, IT APPEARS THAT THE MATTERS NOW SOUGHT TO BE ADDUCED BY THE UNION ARE MERELY MATTERS WHICH PROPERLY COULD HAVE BEEN INCLUDED IN ITS ORIGINAL RESPONSE TO THE AGENCY'S STATEMENT OF POSITION. ACCORDINGLY IT IS ORDERED THAT THE UNION'S MOTION FOR RECONSIDERATION BE, AND IT HEREBY IS, DENIED. ISSUED, WASHINGTON, D.C., JULY 28, 1982 RONALD W. HAUGHTON, CHAIRMAN HENRY B. FRAZIER III, MEMBER LEON B. APPLEWHAITE, MEMBER FEDERAL LABOR RELATIONS AUTHORITY