22:0998(100)NG - Columbia Power Trades Council and DOE, Bonneville Power Administration -- 1986 FLRAdec NG
[ v22 p998 ]
22:0998(100)NG
The decision of the Authority follows:
22 FLRA No. 100
COLUMBIA POWER TRADES COUNCIL
Union
and
UNITED STATES DEPARTMENT OF
ENERGY, BONNEVILLE POWER
ADMINISTRATION
Agency
Case No. 0-NG-1031
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 7106(a)(2)(E) of the Federal Service
Labor-Management Relations Statute (the Statute), and presents issues as
to the negotiability of twenty-one provisions of a local agreement
disapproved by the Agency head pursuant to section 7114(c) of the
Statute. /1/
II. Positions of the Parties
The fundamental dispute in this case concerns the interpretation of
section 704 of the Civil Service Reform Act of 1978, Pub. L. No. 95-454,
92 Stat. 1111, 1218, /2/ codified at 5 U.S.C. 5343 (Amendments) (1982
ed.). That section provides, in essence, that matters pertaining to
terms and conditions of employment and pay and pay practices which were
subject to bargaining by prevailing rate employees covered under section
9(b) of Pub. L. No. 92-392, /3/ codified at 5 U.S.C. 5343 (Amendments,
note) (1982 ed.), prior to August 19, 1972 shall continue to be subject
to bargaining without regard to the provisions of chapter 71 (the
Statute), subchapter IV of chapter 53 (prevailing wage rate systems),
and subchapter V of chapter 55 (premium pay), of title 5 of the United
States Code. The parties agree that the units of exclusive recognition
involved in this case are covered by section 704. /4/ The Agency
contends, however, that the Union's interpretation of section 704 to
permit negotiation on the disputed provisions, which primarily concern
employee work rules, is overly broad.
The Agency contends, generally, that notwithstanding section 704 of
the Civil Service Reform Act of 1978, the disputed provisions of the
local parties' agreement are nonnegotiable because they directly
interfere with management's rights under section 7106 of the Statute or
are otherwise inconsistent with the Statute. The Agency argues further
that section 704 is intended only to preserve the right of affected
employees to negotiate on pay related matters and does not authorize
bargaining on terms and conditions of employment unrelated to pay and
pay practices. The Agency concludes that since the provisons at issue
herein concern terms and co ditions of employment unrelated to pay
matters, e.g., work rules, those provisions are not protected by section
704.
The Union, on the other hand, contends that section 704 requires the
negotiation of matters, including pay and pay practices and other terms
and conditions of employment, which had been subject to bargaining prior
to August 19, 1972, notwithstanding the management rights provisions of
the Statute. The Union argues that section 704 exempts matters
pertaining both to terms and conditions of employment and to pay and pay
practices from otherwise applicable limitations on bargaining and, since
the provisions in dispute concern conditions of employment subject to
negotiation prior to August 19, 1972, they are protected by the
exemption in section 704. /5/
III. Analysis and Conclusion
The issues in this case concern whether section 704 of the Civil
Service Reform Act of 1978 applies to conditions of employment other
than pay and pay practicies, and, if so, whether it exempts those
conditions of employment from the limitations on bargaining set forth in
the management rights provisions of section 7106 of the Statute. The
Agency concedes that if section 704 applies to conditions of employment
other than pay and pay practices and if it exempts those conditions of
employment from the management rights provisions and other limitations
on bargaining contained in the Statute, all but three of the disputed
provisions herein are negotiable because those provisions, or
substantially similar provisions, were contained in the parties'
agreements prior to August 19, 1972. As to the other three provisions,
however, the issue is whether they concern matters which were subject to
negotiation prior to August 19, 1972 within the meaning of section 704.
A. The Language of Section 704
In agreement with the Union, the Authority finds that both the
language and structure of section 704 support the conclusion that under
that provision, agencies must continue to negotiate on terms and
conditions of employment, other than pay and pay practices, of
prevailing rate employees where those terms and conditions of employment
were subject to negotiation prior to August 19, 1972. In particular,
section 704(a) and section 704(b) respectively provide for the
negotiation of "terms and conditions of employment and other employment
benefits" and "pay and pay practices." Not only does section 704
explicitly authorize negotiation on terms and conditions of employment,
its requirements with respect to these matters are entirely separate
from its requirement that pay and pay practices also be negotiated. The
Agency's contention that section 704 concerns only matters related to
wages would make section 704(a) and 705(b) redundant and section 704(a)
unnecessary. /6/ This distinction by Congress between "terms and
conditions of employment" and "pay and pay practices" leads to the
conclusion that section 704 provides for the negotiation of matters
other than pay related matters.
B. The Legislative History of Section 704
Not only does the language of Section 704 demonstrate that terms and
conditions of employment unrelated to pay matters are preserved thereby
for negotiation; the legislative history of section 704 further
reinforces our conclusion. Section 704 was introduced in the House of
Representatives as a part of the House Committee bill (H.R. 11280). /7/
The House Committee Report accompanying the bill specifically states
that the provision is intended to "preserve the existing right of
certain Federal prevailing rate employees to negotiate terms and
conditions of employment" and to "preserve unchanged the scope and
substance of the existing collective bargaining relationship. . . ." /8/
During the debate in the House on the labor relations provisions of
H.R. 11280, Congressman Ford of Michigan, who had introduced section
704, not only affirmed that it was intended to preserve the existing
scope of bargaining for specific groups of prevailing rate employees,
but also specifically stated that the purpose of the provision was to
overrule two Comptroller General decisions. /9/ In those decisions, the
Comptroller General held that while section 9(b) exempted certain
bargaining agreements from the other provisions of the prevailing rate
statute, it did not exempt those agreements from other applicable laws
and regulations such as those pertaining to overtime compensation. In
addressing the legislative history of section 704, the Agency appears to
base its interpretation of section 704 on the fact that these decisions,
which, according to Congressman Ford, section 704 was designed to
overrule, concern pay matters. The Agency reads this part of the
legislative history too narrowly.
In the first place, Congressman Ford's statement makes it clear that
section 704 is intended to preserve the existing scope of bargaining for
employees covered by section 9(b) not only as to other laws pertaining
to pay matters but also as to limitations in the Statute pertaining to
the negotiation of terms and conditions of employment, including "wages,
pay practices, and other practices" (emphasis added), unrelated to pay.
Thus, Congressman Ford speaks more generally of preserving the right of
those employees to negotiate terms and conditions of employment in
accordance with the "prevailing practice principle," rather than tying
such negotiations to the specifically wage-related "prevailing rate
principle." Congressman Ford further states that the purpose of section
704 is to insure that qualified craft employees of the Federal
Government "enjoy comparable terms and conditions of employment" to
employees in the same crafts in the private sector, so that such
employees are not lost to Federal service. /10/
Moreover, the Agency's narrow interpretation of section 704 is
contradicted by the subsequent history of the legislation. The
Conference Committee Report reaffirms that section 704 is intended, as
stated by Congressman Ford, to overturn the aforementioned Comptroller
General decisions. But the report goes on to state that section 704 is
"also" intended to provide specific statutory authority for the
negotiation of "wages, terms and conditions of employment and other
employment benefits." /11/ (Emphasis added.) Consistent with the
structure of section 704, as discussed above, the Report addresses
separately the right preserved in section 704 to negotiate on terms and
conditions of employment and the right to negotiate on pay matters.
Contrary to the Agency, therefore, the legislative history of section
704 demonstrates that that provision is intended to authorize
negotiation not only on pay and pay practices, but also on other terms
and conditions of employment unrelated to pay matters.
C. The Language and Legislative History of Section 9(b)
Section 9(b) of Pub. L. No. 92-392 does not support the claim that
section 704 relates only to pay matters. Although section 9(b) was
enacted as part of the statutory provisions governing the establishment
of wage rates for prevailing rate employees, the terms of section 9(b)
concern general terms and conditions of employment as well. Section
9(b)(1) provides, essentially, that the provisions of Pub. L. No. 92-392
establishing the prevailing rate system shall not be interpreted in any
way to nullify or otherwise affect the provisions of existing negotiated
agreements relating to wages, terms and conditions of employment, and
other employment benefits of certain specified groups of prevailing rate
employees. Here also Congress provided separately for the negotiation
of pay matters and of terms and conditions of employment unrelated to
pay. Thus, even though the statutory provisions of which section 9(b)
is a part pertain to pay-setting for prevailing rate employees, section
9(b) is clearly intended to preserve for negotiation all matters
previously negotiated by those employees, not just matters pertaining to
wages.
This conclusion is confirmed by the legislative history of section
9(b). The House Committee Report, for example, states as follows: /12/
The provisions of section 9(b) are directed at those groups of
Federal employees whose wages and other terms or benefits of
employment are fixed in accordance with contracts resulting from
negotiations between their agencies and employee organizations. .
. . It is not this committee's intent to affect, in any way, the
status of such contracts or to impair the authority of the parties
concerned to renegotiate existing contracts or enter into new
agreements. (Emphasis added.)
Section 9(b) of Pub. L. No. 92-392 is intended to preserve the whole
range of matters subject to negotiation by certain prevailing rate
employees in existing bargaining relationships, not just that portion
which pertains to pay and pay practices. Section 704 continues this
policy.
D. Congressional Intent in Enacting the Statute
The Agency also argues that the Union's interpretation of section 704
to require bargaining on matters pertaining to the exercise of
management rights is inconsistent with Congress' intent, in enacting the
Statute, to protect those rights. In support of this argument, the
Agency refers to statements in the legislative history of the Statute
which describe the management rights set forth in section 7106 as
"essential." /13/ Such generalized discussion of management rights,
however, is not sufficient to override the specific terms of section
704(a) as confirmed by the pertinent legislative history. Section
704(a) provides that agencies are required to bargain on terms and
conditions of employment contained in collective bargaining agreements
prior to August 19, 1972 without regard to chapter 71 of title 5 (the
Statute), to the extent that the provisions of chapter 71 are
inconsistent with section 704. /14/ The plain meaning of that
subsection is that it exempts provisions of specified collective
bargaining agreements from the limitations on the scope of bargaining
set forth in the Statute, including the management rights provisions of
section 7106. /15/ The House Committee Report confirms this
interpretation, stating: "The subsection excludes these employees from
the restrictions on the scope of collective bargaining under chapter 71.
. . ." /16/ The Conference Committee Report states that the subsection
is not to be construed, among other things, to "nullify" the right of
any party to bargain on "benefits" previously negotiated. /17/ Yet that
is precisely what the Agency's interpretation of section 704 would do --
nullify long-standing provisions of the parties' collective bargaining
agreement based upon a purported conflict with management rights under
section 7106. The Agency's interpretation, therefore, is contrary to
the plain terms and legislative history of section 704(a).
E. Conclusion
In sum, contrary to the Agency's contentions, as to matters subject
to bargaining by prevailing rate employees prior to August 19, 1972,
section 704 of the Civil Service Reform Act of 1978 provides for the
negotiation of terms and conditions of employment unrelated to pay and
pay practices of employees subject to its provisions, such as the work
rules and other provisions at issue in this case, notwithstanding the
management rights provisions of the Statute. With certain exceptions
discussed below, the Agency concedes that the provisions pertaining to
terms and conditions of employment of unit employees at issue herein
were subject to negotiations between the parties prior to August 19,
1972. We hold, therefore, that the Agency is required to negotiate on
those provisions, notwithstanding their possible conflict with
management rights under section 7106 of the Statute. /18/ See The
Columbia Basin Trades Council, Grand Coulee, Washington and The Grand
Coulee Project Office, Bureau of Reclamation, U.S. Department of the
Interior, Grand Coulee, Washington, 20 FLRA No. 40 (1985).
IV. Analysis and Conclusion With Respect to the Remaining
Issues
The Agency contends that three of the disputed provisions are not
protected by section 704 because they concern matters which were not
contained in any of the parties' collective bargaining agreements prior
to August 19, 1972. /19/ However, the record indicates that the
provisions remaining in dispute involve subject matters which had
previously been negotiated by the parties. While the provisions
themselves had not been included in previous agreements, they constitute
changes in previously negotiated provisions rather than the introduction
of entirely new subject matter. /20/ That is, as to Provision 1, the
Agency contends that the provision constitutes a substantial change in
the role of the Union on the joint labor-management apprenticeship
committees and in the authority of those committees. See Agency
Statement of Position at 15-22. As to Provision 2, the Agency contends
that the grievance procedure in effect prior to August 19, 1972 did not
prohibit management from invoking arbitration. In addition, the Agency
contends that Provision 2 violates section 7121(b)(3)(C) of the Statute
which requires negotiated grievance procedures under the Statute to
provide that either the agency or the exclusive representative may
invoke arbitration. See Agency Statement of Position at 23-24. This is
the only provision alleged by the Agency to be nonnegotiable under the
Statute on a ground other than management rights under section 7106.
However, as discussed above, section 704 protects the right of the
parties to negotiate on matters without regard to limitations on the
scope of bargaining established by the Statute, which would include
section 7121. As to Provision 13, the Agency contends that the parties'
prior agreements contained no restrictions on how much work could be
assigned, or at what times it could be assigned, to heavy truck drivers.
See Agency Statement of Position at 49-54.
Thus, the issue is whether section 704 permits the negotiation of
changes in previously negotiated subject matter without sacrificing the
protection which that section affords. For the following reasons, we
conclude that the three provisions are negotiable.
Section 704 provides that matters subject to negotiation by certain
prevailing rate employees prior to August 19, 1972, shall be negotiated
after the enactment of the Civil Service Reform Act of 1978 "in
accordance with the provisions of section 9(b) of Pub. L. No. 92-392."
Section 9(b) of Pub. L. No. 92-392, see Appendix B at 1, provides, in
essence, for parties covered by that section to negotiate, after the
enactment of Pub. L. No. 92-392, for the "modification, or improvement"
of provisions of agreements entered into prior to the enactment of that
law. Parties covered by section 9(b) are not confined merely to the
continuation of the terms of previously existing agreements but could,
in a new agreement, change those terms or alter the rights of the
respective parties concerning the matters involved. The legislative
history of section 9(b) not only confirms this interpretation, but
suggests, further, that that provision permits the inclusion of "new
terms" -- presumably items not in previous agreements -- in any
renegotiated agreement. /21/ Moreover, the legislative history of
section 704 indicates that it was intended to continue the policy
established by section 9(b): "(Section 704) may not be construed to
nullify, curtail, or otherwise impair the right or duty of any party to
negotiate for the renewal, extension, modification, or improvements of
benefits negotiated." /22/ By the use of terms such as "modify" and
"improve," it is clear that Congress did not intend to preclude parties
from negotiating changes in the provisions of previous agreements or to
prevent them from adding to or increasing the rights already negotiated.
Therefore, to the extent discussed above, section 704 and section
9(b) require an agency to continue to negotiate on subject matters which
were included in agreements to which it was a party prior to August 19,
1972. The record indicates that the three provisions in dispute concern
subject matters included in the parties' agreements prior to August 19,
1972: joint labor-management apprenticeship committees, arbitration,
work rules for heavy truck drivers. /23/ Since section 704 permits
bargaining on modifications and improvements of matters about which the
parties had negotiated prior to August 19, 1972, without regard to
limitations imposed by the Statute, negotiation of provisions which, for
example, would be more restrictive of management's rights than previous
agreements, is protected by section 704. Therefore, negotiation of such
restrictions on management's rights is not an expansion of the scope of
bargaining which is inconsistent with section 704, as the Agency
contends, since it does not involve an entirely new subject matter which
had not been negotiated by the parties prior to August 19, 1972.
Rather, it constitutes a permissible "modification or improvement" in
employee "benefits" which is within the scope of bargaining protected by
section 704.
In each instance herein, the disputed provisions merely add to or
otherwise modify already existing limits on management action. For
example, Provision 1 increases the authority of the joint
labor-management apprenticeship committees over aspects of the
apprenticeship program beyond the limits on the role of those committees
set forth in previous agreements. Provision 2 substitutes the Union for
the agrieved employee as the party which may invoke arbitration; but in
precluding the Agency from invoking arbitration, it represents no change
from prior agreements. Provision 13 merely adds new restrictions to the
already existing limitations on the assignment of work to heavy truck
drivers which were set forth in the work rules governing those
employees. As changes or modifications of the rights of the Union and
of employees, or of the restrictions on management action, which had
been negotiated by the parties prior to August 19, 1972, Provisions 1,
2, and 13 are protected by section 704 of the Civil Service Reform Act
of 1978 from the limitations on bargaining set forth in the Statute and
are within the duty to bargain.
V. Order
Accordingly, pursuant to section 2424.10 of the Authority's Rules and
Regulations, IT IS ORDERED that the Agency rescind its disapproval of
the disputed provisions herein. /24/
Issued, Washington, D.C., July 31, 1986.
/s/ JERRY L. CALHOUN
Jerry L. Calhoun, Chairman
/s/ HENRY B. FRAZIER III
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
(1) The disputed provisions in the instant case are set forth in
Appendix A attached to this decision.
(2) For the text of section 704 of the Civil Service Reform Act of
1978, see Appendix B at 1, attached to this decision.
(3) For the text of section 9(b) of Pub. L. No. 92-392, see Appendix
B at 1, attached to this decision.
(4) Union Response to Agency Statement of Position at 1. The Agency
concedes that if its position with regard to section 704 is incorrect,
certain disputed provisions (all but three) are negotiable. Agency
Statement of Position at 2.
(5) There is no dispute that the provisions at issue herein concern
"conditions of employment" within the meaning of section 704 of the
Civil Service Reform Act of 1978 and section 7013(a)(14) of the Statute.
Upon Response to Agency Statement of Position at 9. Agency Statement
of Position at 2.
(6) Union Response to Agency Statement of Position at 2, 8-10. Even
if section 704(a) were interpreted to mean "terms and conditions of
employment related to pay," the redundancy would not disappear, since
whatever matters would be included in the phrase would be
indistinguishable from "pay practices" under section 704(b).
(7) As set forth in the House Committee bill, the section which is
currently section 704 was denominated section 704(c). As set forth in
the bill passed by the House (the "Udall substitute") section 704 was
denominated section 704(d). Between the issuance of the House-Senate
Conference Report and the passage of the bill by Congress, the other
provisions of section 704 had been stripped from the section and what
had been section 704(d) became section 704.
(8) For the relevant text of the House Report, See Appendix B at 2,
attached to this decision.
(9) Comptroller General Decision B-189782 (Feb. 3, 1978), published
at 57 Comp. Gen. 259 (1978); Comptroller General Decision B-191520
(June 6, 1978). For the text of Congressman Ford's Statement, see
Appendix B at 2-3, attached to this decision.
(10) Id. In this regard, see Appendix B at 2-3, the Conference
Committee Report, at 159, Legislative History at 827, wherein it is
stated:
This section also provides specific statutory authorization for
the negotiation of wages, terms and conditions of employment and
other employment benefits traditionally negotiated by these
employees in accordance with prevailing practices in the private
sector of the economy. (Emphasis added.)
See also section 704(a), set forth in Appendix B at 1, which
specifically provides for the continued negotiation of matters "which
were the subject of negotiation in accordance with prevailing rates and
practices prior to August 19, 1972. . . ." (Emphasis added.)
(11) For the relevant text of the Conference Committee Report, See
Appendix B at 3-4 attached to this decision.
(12) H.R. Rep. No. 339, 92d Cong., 1st Sess. 22 (1971). The Senate
Committee Report, S. Rep. No. 791, 92d Cong., 1st Sess. (1972),
reprinted in 1972 U.S. Code Cong. and Ad. News 2980, 2985, states that
section 9(b) "is a savings clause to prevent disruption or modification
of existing wage board bargaining agreements now in effect." The plain
language of this statement indicates that Congress intended to preserve
bargaining on all provisions of existing wage board agreements, not just
those pertaining to wages. The Conference Committee Report, H.R. Rep.
No. 1275, 92d Cong., 2nd Sess. (1972), reprinted in 1972 U.S. Code Cong.
and Ad. News 2994, 2997, is silent on section 9(b).
(13) For example, H.R. Rep. No. 1403, 95th Cong., 2d Sess. 43-44
(1978), Legislative History at 689-90. See Agency Statement of Position
at 7-10.
(14) See Appendix B at 1, attached to this decision.
(15) Compare Columbia Power Trades Council v. United States
Department of Energy, 691 F.2d 325 (9th Cir. 1982) (section 704 does not
exempt union from coverage of Statute and jurisdiction of Authority but
preserves scope of bargaining).
(16) See Appendix B at 2, attached to this decision.
(17) See Appendix B at 2, attached to this decision.
(18) The Agency concedes that eighteen of the disputed provisions
were included in the parties' agreements prior to August 19, 1972:
Provisions 3-12, 14-21. See Agency Statement of Position at 27, 30-31,
32, 35, 38, 39-40, 41, 45, 46, 49, 53, 56, 58, 59, 61, 65, 66, 68-69,
and 70. The instant case is distinguishable from International
Brotherhood of Electrical Workers, Local 640 and U.S. Department of the
Interior, Bureau of Reclamation, 18 FLRA No. 102 (1985). In that case,
the Authority held that section 9(b) and section 704 do not authorize
negotiation on matters inconsistent with law where such law is not
specifically referenced in section 9(b) or section 704. In this case,
we hold that matters inconsistent with management rights are negotiable
because those rights are specifically referenced in section 704.
(19) The disputed provisions, as set forth in Appendix A attached to
this decision, are Provision 1 at pages 1-2 of the Appendix, Provision 2
at page 2 of the Appendix, and Provision 13 at pages 12-14 of the
Appendix.
(20) For reference to the provisions of the parties' agreements prior
to 1972 which relate to the subject matter of Provisions 1, 2, and 13 in
this case, see Appendix B at 4, attached to this decision.
(21) For the relevant text of the House Report, see Appendix B at 5,
attached to this decision.
(22) See Conference Committee Report, Appendix B at 3-4, attached to
this decision.
(23) In deciding that the subject matters of the disputed provisions
are protected by section 704 because those matters were contained in the
parties' agreement prior to August 19, 1972, it is unnecessary to reach
the Union's additional argument that in order for a matter to be covered
by section 704 it is enough that it was included in an agreement of any
of the parties subject to section 9(b) prior to August 19, 1972, not
just in an agreement of the particular parties involved in a given
dispute. See Union Response to Agency Statement of Position at 34-36;
Agency Statement of Position at 11-12.
(24) In finding the disputed provisions to be negotiable, the
Authority makes no judgment as to the merits of those provisions.
APPENDIX A
Provisions At Issue In The Instant Case:
Provision 1
11. APPRENTICESHIP
11.01 An appropriate system of apprenticeship shall be
established and maintained for employees covered by this
Agreement.
11.02 The minimum standards for apprenticeship shall conform to
the standards of and shall be approved by the Bureau of
Apprenticeship, U.S. Department of Labor, prior to adoption.
11.03 A Central Joint Council on Apprenticeship consisting of
three representatives appointed by the Administrator, and three
representatives designated by the Council shall be maintained.
The Administration's Supervisor of Apprentice Training will be an
ex-officio member.
11.04 The powers and functions of the Central Joint Council on
Apprenticeship shall be as follows:
(1) To select a chairperson, establish its own rules of
procedure, and determine the time and place of its meetings;
(2) to prepare and revise as deemed advisable the Standards of
Apprenticeship to be recommended to the Bureau of Apprenticeship,
U.S. Department of Labor;
(3) to direct and to review and approve the work of the various
craft committees (see paragraph 11.05);
(4) to monitor the progress and effectiveness of the
apprenticeship program and take action, through the Craft
Committees, to improve program effectiveness.
11.05 For each craft in which apprentices are to be trained,
there shall be established a craft committee consisting of two
members of the Administration's supervisory staff and two members
representing labor. When the appropriate labor representative
cannot attend an apprentice examination, one journeyman from the
location at which the examination is being held can be designated
to attend on official time for the time spent in the examination.
The Administration's supervisor of Apprentice Training shall be an
ex-officio member of each such committee.
11.06 The powers and functions of the craft committees are as
follows:
(1) To prepare and recommend to the Central Joint Council craft
apprenticeship standards that include a program of work
experience, a program of related training, and the maximum ratio
of apprentices to journeyman;
(2) To select a chairperson who will be a BPA Management
official;
(3) To evaluate and select candidates for the craft apprentice
program;
(4) To conduct periodic examination of apprentices;
(5) To advance apprentices, if appropriate; and
(6) To terminate apprentices from the craft apprenticeship
program if appropriate. (Only the underlined portion of the
provision is in dispute)
Provision 2
12. GRIEVANCE PROCEDURE
12.09 The expenses of arbitration, including the compensation
and expenses of any outside arbitrator, shall be borne equally by
the Administration and the Council. Only the Council or an
affiliated union may take an issue to arbitration.
Provision 3
16. SPECIAL LEAVE FOR UNION ASSIGNMENTS
16.01 Unions affiliated with the Council may request leave of
absence for Administration employees for the purpose of accepting
assignments with the union. Such employees, if they have worked
at least one year for the Administration, may be granted leave
without pay for a period not to exceed one year. Subject to DOE
regulations on leave without pay provisions, they may be granted
an additional year of leave without pay. If at the end of that
period they wish to remain with the union, they will resign their
Federal employment with the understanding that when they wish to
return to the Administration, they will be reemployed subject to
the following conditions:
(1) Evidence of satisfactory physical and mental
qualifications.
(2) The individuals must have acquired career or
career-conditional status, and have served the time requirements
outlined in FPM 315, 4-5.
(3) The individual must notify the Administration of a desire
for reemployment within 30 days after the termination of the union
assignment. Subsequent to receiving this notification and subject
to other conditions listed here, the individual will be offered
the first vacancy to occur in the branch of the trade at the grade
left or below. The individual will not be obligated to accept a
position below the grade formerly held but upon accepting any
employment with the Administration or upon declining to accept a
position equal in grade to the one left all obligations under this
plan would be terminated.
(4) There is no qualified priority placement person required by
law who wants the vacant position.
After being reemployed, such individual will not be granted
further leave without pay for a union assignment until having been
reemployed for a period of at least equal to that of the preceding
union assignment, or 2 years whichever is less.
Provision 4
17. JURISDICTIONAL BOUNDARIES AND DISPUTES
17.01 The determination of jurisdiction boundaries between and
among the various unions affiliated with the Council shall be the
sole and exclusive responsibility of the national and
international unions representing employees of the Administration.
Where such jurisdictional agreements or awards affect the
assignment of work by the Administration, the Council shall so
notify the Administration.
17.02 The Administration shall assign work in conformance with
such traditional jurisdictions, agreements or awards in a manner
consistent with its responsibility to meet operating and
construction requirements and to accomplish the duties and
responsibilities assigned to it.
17.03 Where work boundaries for the unions affiliated with the
Council have been established through custom, practice or
tradition or by agreements between unions or by decisions of
jurisdictional award bodies which are on record with the
Administration, the employee represented by each union shall
normally perform the work within the established boundary.
However, in emergencies unusual circumstances, or in the absence
of jurisdictional agreements, awards or understandings, the
Administration retains the right to assign work, until an
agreement is reached between the unions, or an award is rendered.
Thereafter, and as soon as possible, the Administration shall
alter its assignments and schedules to conform to such agreement
or award.
Provision 5
18. WORK OUTSIDE OF CLASSIFICATION
18.01 Employees shall not be required to perform work outside
their classification, except in cases of extreme emergencies; in
such a case the employees affected shall be under the direct
supervision of a foreman or other regular worker regularly
performing this work.
18.02 Employees classified as helpers will in no event be used
to replace journeymen.
Provision 6
SUPPLEMENTARY AGREEMENT NO. 2
WORKING RULES FOR ELECTRICAL WORKER CRAFT SERIES
2-1. GENERAL
2-1.04 In subsequent paragraphs of these working rules which
define the work of journeymen, it shall be understood that
apprentices and trainees may perform such work for training
purposes subject to the ratio limits established by Apprenticeship
Standards and provided that only grade V and VI line apprentices
shall be permitted to work on poles or structures performing hot
line work.
2-1.05 Foremen at all levels (I, II, and III) shall have
journeyman qualifications in the branch of the trade in which they
are employed.
2-1.06 Journeymen-in-Charge, Foremen I and II (or their
equivalents) will be required to handle tools and do that class of
work required of a journeyman, except that Foremen II shall not do
this type of work while supervising a crew larger than may be
supervised by a Journeyman-in-Charge unless:
a. life or property is in danger and there are no other
qualified persons available to do the work, or
b. the only work being supervised is transmission line
right-of-way maintenance work and there is no electrical hazard
involved.
2-1.07 Foremen III shall not normally handle tools or do that
class of work required of their crews except in situations such as
the following:
a. When necessary to check the work of others.
b. When necessary to train others.
c. When life or property is in danger and there are no other
qualified persons available to do the work.
2-1.08 When two journeymen are assigned to work together
without other supervision, one shall serve as a
Journeyman-in-Charge and be paid accordingly. This does not apply
to operators, craftsmen or to situations where a Lineman is
supervising journeymen from other crafts as provided in paragraph
2-5.05. Journeymen will not be considered to be working together
when they are performing work at the same location and at the same
time which each was assigned to do separately.
2-1.10 Operation of hydrolifts assigned to electrical crews
shall be by Line Equipment Operators or journeymen of the
electrical craft.
Provision 7
SUPPLEMENTARY AGREEMENT NO. 2
WORKING RULES FOR ELECTRICAL WORKER CRAFT SERIES
2-2. LINEMEN
2-2.06 An Aircraft Patrol Observer shall be or shall have been
journeyman Lineman.
2-2.07 A Line Equipment Operator A operates the following
vehicles and equipment when it is assigned to a line crew:
a. Line trucks equipped with a boon and winch.
b. Trucks pulling pole trailers or heavy material trailers.
c. Snow-cats of one (1) ton or more capacity and tractors.
In addition a Line Equipment Operator A operates "tractors that
are used by but not assigned to line maintenance crews shall be
confined to the stringing and sagging of conductors and other
directly related line work, and shall not be used to repair or
build roads or for general excavation" as provided by the
Memorandum of Understanidng dated May 28, 1968.
2-2.08 A Line Equipment Operator B operates vehicles and
equipment assigned to a line crew except vehicles and equipment
listed in 2-2.07. The operation of vehicles and equipment covered
by the above sentence includes all operation at the work site
associated with the use of winches for work on transmission lines.
Other driving of trucks under 1-1/2 tons may be performed by
any licensed motor vehicle operator.
2-2.09 A Groundman is a Lineman's helper. The Groundman shall
not serve two or more linemen when these linemen are on separate
structures or towers. Stubbing of poles and digging of holes by
hand shall be done by groundmen under the supervision of a
journeyman Lineman or a Lineman of higher grade.
2-2.10 All framing and erecting of poles and transmission line
towers shall be done by journeyman linemen who may be assisted by
groundmen.
2-2.11 Patrolling of lines shall be done by journeyman linemen
who may be assisted by groundmen.
2-2.16 Maintenance of microwave towers and airway lighting
installations on these towers shall be done by linemen.
Provision 8
SUPPLEMENTARY AGREEMENT NO. 2
WORKING RULES FOR ELECTRICAL WORKER CRAFT SERIES
2-3. ELECTRICIANS
2-3.08 The operation of oil filtering or purifying equipment
(either portable or stationary) may be performed by any Member of
an electrician crew classified as an Oil Filter Operator or above.
Oil Filter Operators, when not engaged in this type of work,
shall work as Electrician Helpers at the Oil Filter Operator rate
of pay.
2-3.09 All installation, repair or removal of electrical
equipment and fixtures in any station or substation shall be done
by electricians except for overhead line work normally done by
line crews, or work requiring the use of line maintenance
equipment to remove or place electrical equipment and fixtures
when line crews can be more efficiently employed to do the removal
or placing.
2-3.10 The adjustment of antennas on microwave towers shall be
performed by either electricians or linemen, depending upon
availability of either classification in the immediate area.
2-3.11 Installation and maintenance work on other
communications equipment and on meters and relays shall be
governed by the memorandum from the Branch of Maintenance to Area
Managers and O&M Supervisors dated May 8, 1956, on
"Responsibilities of Meter, Relay and Communications Personnel."
Provision 9
SUPPLEMENTARY AGREEMENT NO. 2
WORKING RULES FOR ELECTRICAL WORKER CRAFT SERIES
2-5. CABLE SPLICERS
2-5.01 All splicing of lead-covered cables or substitutes
therefor, and the installing and repairing of compound filled
junction boxes and terminals shall be considered work belonging to
the Cable Splicers and shall be done by Cable Splicers.
2-5.02 When working on power cables or power equipment, a Cable
Splicer shall be assisted by a Lineman or Electrician. When work
is done in a manhole, an Electrician, Lineman, Electrician Helper,
or Groundman shall be stationed at the manhole to prepare and
lower materials and as a safety measure.
2-5.03 Crews pulling lead-covered cable shall consist of a
Cable Splicer or Electrician Foreman II and at least two
journeymen. The Cable Splicer shall not be required to supervise
such crews while splicing cable.
Provision 10
SUPPLEMENTARY AGREEMENT NO. 2
WORKING RULES FOR ELECTRICAL WORKER CRAFT SERIES
2-6. DISPATCHERS, SCADA CONTROLLERS AND SUBSTATION
OPERATORS
2-6.01 a. A Senior System Dispatcher is an employee having
System Dispatcher qualifications who is:
(1) in charge of an Area Control Center, or
(2) in charge of a shift at the System Control Center, or
(3) in charge of the outage dispatching function at the System
Control Center.
b. A Senior System Dispatcher, Relief, is a System Dispatcher
who is subject to shift and schedule changes in accordance with
paragraph 2-6.17.
2-6.02 A Generation Dispatcher is assigned to the generation
console function.
2-6.03 a. A System Dispatcher is an employee who has
satisfactorily completed at least 1 year of training in the
dispatching activity who is:
(1) Assigned to the switching and clearance function at the
System Control Center, or
(2) In charge of a shift at an Area Control Center, or
(3) Assigned to assist with the outage dispatching function.
b. A System Dispatcher, Relief, is a System Dispatcher who is
subject to shift and schedule changes in accordance with paragraph
2-6.17.
2-6.07 A Chief Substantion Operator III is an employee, having
journeyman operator qualifications, who is in charge of an
operating district.
2-6.08 A Senior Substation Operator is an employee, having
journeyman operator qualifications, who is in charge of a shift
and is headquartered at a location that is normally manned 24
hours a day, 7 days per week.
2-6.09 A Senior Substation Operator, Relief, is an employee,
having journeyman operator qualifications, who is subject to shift
and schedule changes in accordance with paragraph 2-6.17 and whose
routine duties include relieving Senior Substantion Operators.
2-6.11 Substation Operators are journeymen in their particjlar
branch of the trade.
2-6.12 Assistant Substation Operators are employees who have at
some time held a journeyman rating in their branch of the trade.
Assistant Substation Operators work under the supervision of a
Substation Operator, or an operator of higher classification, but
perform switching only as specifically ordered by their supervisor
and when the supervisor is present at the station where the
switching is to be performed.
2-6.23 Operators shall be required to perform only those duties
directly connected with the operation of their substation while in
charge of a shift. Operators may be relieved of duties at another
station in the vicinity. These duties may include certain
substation cleaning and maintenance of grounds which will not
affect the quality of service the substation is expected to give.
2-6.24 All switching in attended stations shall be performed by
employees in the Substation Operator classifications. Switching
in unattended stations shall be performed by qualified workers
designated by the System Dispatchers.
Provision 11
SUPPLEMENTARY AGREEMENT NO. 2
WORKING RULES FOR ELECTRICAL WORKER CRAFT SERIES
2-7. CRAFTSMEN
2-7.01 A Craftsman is an employee above the journeyman
electrical worker level who specializes in a technical activity
such as communications, metering, relaying, laboratory activities,
and other work.
Provision 12
SUPPLEMENTARY AGREEMENT NO. 3
WORKING RULES FOR PLUMBER, PIPEFITTER, AND WELDING CRAFT
SERIES
3-1 The Ross Welding Shop shall be supervised by a Welder
Foreman III who is a qualified journeyman in the trade. When the
workload or size of the crew exceeds the ability of the Foreman
III to provide effective supervision, a Welder Foreman I may be
assigned to assist the Foreman III in the shop. When the regular
Foreman III is on leave, the Foreman I will be assigned the
responsibility of the shop and after 15 consecutive working days,
paid at the Welder Foreman III rate of pay. When both the Foreman
III and I (if any) are on leave, a journeyman member of the craft
will be assigned the responsibility for the shop and paid at the
118 percent rate of pay beginning on the first full half day of
such absence.
3-3 When other supervision is not available to lay out and
provide general guidance for work performed by this craft in the
field and when the crew consists of at least one other journeyman,
supervision from within the craft shall be provided at the
Journeyman-in-Charge rate of pay. When members of this craft are
assigned the responsibility of doing a job in the field and
supervise journeymen of other crafts, they shall receive the
Journeyman-in-Charge rate of pay.
3-4 When two or more journeymen are assigned to swing shift
duty without other supervision and no planning, lay out or work
scheduling is required, a journeyman member of the craft will be
assigned to supervise the crew and will be paid at the
Journeyman-in-Charge rate of pay.
3-9 The installation, balancing and maintenance of all plumbing
and pipefitting relating to refrigeration, evaporation,
lubrication, fuel oil separation, and air conditioning shall be
the work of this craft.
Provision 13
SUPPLEMENTARY AGREEMENT NO. 4
WORKING RULES FOR TEAMSTER CRAFT SERIES
4-1.03 Heavy truck drivers shall normally be scheduled in
accordance with paragraph 1-23.01, except that drivers may be
dispatched from 4:00 a.m. until 12:00 noon, as the need arises,
with the understanidng that they will work no more than 15 hours.
Drivers will not be required to drive for any period after having
been on duty 15 hours following 8 consecutive hours off duty. All
hours in excess of 8 hours in a workday will be at the overtime
rate of pay.
4-2.01 Light Truck Drivers operate solo trucks and all light
trucks of less than 36,000 GVW and forklift trucks of all sizes.
4-2.04 The operation of hydrolift dual purpose trucks, except
where they are assigned to electrical crews (see 2-1.10), shall be
as follows: When a hydrolift truck is used to transport material
within a yard or to jobsite, it shall be Teamsters' jurisdiction.
When truck remains at the jobsite for erection purposes, the crane
shall be operated by the Operating Engineer at the Crane Operator
rate of pay and the teamster may remain at the job and move the
truck as needed, in accordance with the Memorandum of
Understanding between the Teamsters and Operating Engineers dated
June 20, 1968, (see also 9-2.).
4-2.07 Drivers will be responsible to and will take orders from
the supervisor to whom they are assigned by the Truck Foreman III
or the Truck Foreman III's designated representative. While so
assigned, drivers will be required to perform other minor duties
when operation of the truck is not required.
4-3.01 Workers entering the warehousing activity who do not
meet the minimum qualifications for Warehouse Worker shall be
classified as Warehouse Worker trainees. Such an employee shall
be subject to training and periodic examinations in accordance
with a standard training plan similar to that for apprentices.
Promotion to Warehouseman shall be granted only upon
recommendation of a board of experienced employees and
supervisors, following appropriate exmaination and evaluation of
the trainee's qualifications for Warehouse Worker.
4-3.02 Warehouse Workers shall be considered journey-men and
shall perform all the duties of a Warehouse Worker in receiving,
storing, and issuing materials and equipment. They will use the
tools of the trade including lift trucks.
Provision 14
SUPPLEMENTARY AGREEMENT NO. 5
WORKING RULES FOR MACHINIST CRAFT SERIES
5-1 The Ross Machine Shop shall be supervised by a Machinist
Foreman III who is a qualified journeyman in the trade. When the
workload or size of the crew exceeds the ability of the Foreman
III to provide effective supervision, a Machinist Foreman I may be
assigned to assist the Foreman III in the shop. When the regular
Foreman III is on leave, the Foreman I will be assigned the
responsibility of the shop and, after 15 consecutive working days,
paid at the Machinist Foreman III rate of pay. When both the
Foreman III and I (if any) are on leave, a journeyman member of
the craft will be assigned the responsibility for the shop and
paid at the 118 percent rate of pay beginning on the first full
half day of such leave.
5-4 When other supervision is not available to lay out and
provide general guidance for work performed by this craft in the
field and when the crew consists of at least one other journeyman,
supervision from within the craft shall be provided at the
Journeyman-in-Charge rate of pay.
5-5 When two or more journeymen are assigned to swing shift
duty without other supervisors and no planning, lay out or work
scheduling is required, a journeyman member of the craft will be
assigned to supervise the crew and will be paid at the
Journeyman-in-Charge rate of pay.
5-6 An Aircraft Machinist (one-machinist shop) is a journeyman
who is also responsible for day to day routine operation of a
one-machinist shop including making reports and ordering supplies
and parts.
5-15.01 The Ross Blacksmith Shop shall be supervised by a
Blacksmith Foreman I who is a qualified journeyman in the trade.
Provision 15
SUPPLEMENTARY AGREEMENT NO. 6
WORKING RULES FOR PAINTER CRAFT SERIES
6-1 The Ross Paint Shop shall be supervised by a Painter
Foreman III who is a qualified journeyman in the trade. When the
workload or size of the crew exceeds the ability of the Foreman
III to provide effective supervision, a Painter Foreman I may be
assigned to assist the Foreman III in the shop. When the regular
Foreman III is on leave, the Foreman I will be assigned the
responsibility for the shop and paid at the 118 percent rate of
pay beginning on the first full half day of such leave.
6-3 When other supervision is not available to lay out and
provide general guidance for work performed by this craft in the
field, and when the crew consists of at least one other
journeyman, supervision from within the craft shall be provided at
the Journeyman-in-Charge rate of pay.
6-4 When two or more journeymen are assigned to swing shift
duty without other supervision and no planning, lay out or work
scheduling is required, a journeyman member of the craft will be
assigned to supervise the crew and will be paid at the
Journeyman-in-Charge rate of pay.
Provision 16
SUPPLEMENTARY AGREEMENT NO. 7
WORKING RULES FOR SHEET METAL CRAFT SERIES
7-1 The Ross Sheet Metal Shop shall be supervised by a Sheet
Metal Mechanic Foreman III who is a qualified journeyman in the
trade. When the workload or size of the crew exceeds the ability
of the Foreman III to provide effective supervision, a Sheet Metal
Mechanic Foreman I may be assigned to assist the Foreman III in
the shop. When the regular Foreman III is on leave, the Foreman I
will be assigned the responsibility of the shop and, after 15
consecutive working days, paid at the Sheet Metal Mechanic Foreman
III rate of pay. When both the Foreman III and I (if any) are on
leave, a journeyman member of the craft will be assigned the
responsibility for the shop and paid at the 118 percent rate of
pay beginning on the first full half day of such leave.
7-3 When other supervision is not available to lay out and
provide general guidance for work performed by this craft in the
field and the crew consists of at least one other journeyman,
supervision from within this craft shall be provided at the
Journeyman-in-Charge rate of pay.
7-4 When two or more journeymen are assigned to swing shift
duty without other supervision and no planning, lay out or work
scheduling is required, a journeyman member of the craft will be
assigned to supervise the crew and will be paid at the
Journeyman-in-Charge rate of pay.
Provision 17
SUPPLEMENTARY AGREEMENT NO. 8
WORKING RULES FOR CARPENTER CRAFT SERIES
8-1 The Ross Carpenter Shop shall be supervised by a Carpenter
Foreman III who is a qualified journeyman in the trade. When the
workload or size of the crew exceeds the ability of the Foreman
III to provide effective supervision, a Carpenter Foreman I may be
assigned to assist the Foreman III in the shop. When the regular
Foreman III is absent, the Foreman I will be assigned the
responsibility of the shop and, after 15 consecutive working days,
paid at the Carpenter Foreman III rate of pay. When both the
Foreman III and I (if any) are absent, a journeyman member of the
craft will be assigned the responsibility for the shop and paid at
the 118 percent rate of pay on the first full half day of such
absence.
8-3 When other supervision is not available to lay out and
provide general guidance for work performed by this craft in the
field, and when the crew consists of at least one other
journeyman, supervision from within the craft shall be provided at
the Journeyman-in-Charge rate of pay.
8-4 When two or more journeymen are assigned to swing shift
duty without other supervision and no planning, lay out or work
scheduling is required, a journeyman member of the craft will be
assigned to supervise the crew and will be paid at the
Journeyman-in-Charge rate of pay.
Provision 18
SUPPLEMENTARY AGREEMENT NO. 9
WORKING RULES FOR OPERATING ENGINEER CRAFT SERIES
9-1 The operation of pull graders, motor patrols, pole hole
diggers, hydraulic backhoes, churn and core drills, and crawler
and wheeled tractors, and ditchwitch/trenching machines larger
that 35 HP with attachments shall be performed by Tractor
Operators (provided there are no additional attachments on
equipment below 35 HP) except that tractors which are regularly
assigned to transmission line maintenance crews may be operated as
provided in the Memorandum of Understanding dated May 19, 1954,
and tractors may also be operated in accordance with the
Memorandum of Understanding dated May 28, 1968.
9-2 Crane Operators operate crawler shovels, truck cranes and
hydrocranes, etc., with any of their attachments and hydrolifts in
accordance with the Memorandum of Understanding dated June 20,
1968, which reads as follows:
"When a hydrolift truck is used to transport material within a
yard or to jobsite it shall be Teamsters' jurisdiction. When the
truck remains at the jobsite for erection purposes the crane shall
be operated by the Operating Engineer at the Crane Operator rate
of pay and the teamster may remain at the job and move the truck
as needed." (See 4-2.04 also.)
9-3 A Truck Crane Oiler-Driver shall normally drive the truck
portion of truck-mounted crane, inspect and lubricate the
mechanism, flag, check grade, care for and maintain block and
chokers, and generally assist the Crane Operator.
9-4 Tractor Operators and Crane Crews will be responsible to
and will take orders from the supervisor to whom they are assigned
by the Transportation Officer or a designated representative.
While so assigned, these personnel will be required to perform
other minor duties when operation of their machine is not
required.
9-5 When other adequate supervision is not available to lay out
and provide general guidance for work performed by this craft in
the field and when the crew consists of at least one other
journeyman, supervision from within the craft shall be provided at
the Journeyman-in-Charge, Equipment Foreman I or III rate of pay.
When the job includes multiple earth moving activities such as
excavating, filling, ditching and grading, and when the finished
job must conform to specific elevations as prescribed by
surveyors, grade stakes or blue tops, the supervisor shall be a
Foreman III.
9-8 Journeymen members of this craft are responsible for the
safe and efficient operation of their machines. Operators will
not be required to perform any type and work which, in their
judgment, endangers themselves or others.
Provision 19
SUPPLEMENTARY AGREEMENT NO. 10
WORKING RULES FOR LABORER CRAFT SERIES
10-1 When two or more journeymen are assigned to a nonstandard
shift without other supervision and no planning, lay out or work
scheduling is required, a journeyman member of the craft will be
assigned to supervise the crew and will be paid at the
Journeyman-in-Charge rate of pay.
Provision 20
SUPPLEMENTARY AGREEMENT NO. 11
WORKING RULES FOR HEAVY MOBILE EQUIPMENT MECHANIC CRAFT
SERIES
11-1.01 The Ross Garage shall be supervised by a Foreman III
who is a qualified journeyman in the trade. When the workload or
size of the crew exceeds the ability of the Foreman III to provide
effective supervision, a Foreman I may be assigned to assist the
Foreman III in the shop. When the regular Foreman III is on
leave, the Foreman I will be assigned the responsibility of the
shop and after 15 consecutive workdays, paid at the Foreman III
rate of pay. When both the Foreman III and I (if any) are on
leave, a journeyman member of the craft will be assigned the
responsibility for the shop and paid at the 118 percent rate of
pay beginning on the first full half day of such leave.
11-1.02 Each field garage shall be supervised by a Foreman I
(except one-mechanic shops). When the size of the hourly crew
supervised exceeds four other employees, the Foreman I will
receive 115 percent of journeyman rate. When the Foreman I is on
leave, a journeyman member of the craft will be assigned the
responsibility for the shop and paid at the 107.5 percent of
journeyman rate of pay beginning on the first full half day of
such absence. When the journeyman replaces the Foreman I and the
size of the hourly crew is four other employees, the journeyman
will be paid at the 112.5 percent rate of pay beginning on the
first full half day of such absence.
11-3 When other supervision is not available to lay out and
provide general guidance for work performed by this craft in the
field and when the crew consists of at least one other journeyman,
supervision from within the craft shall be provided at the
Journeyman-in-Charge rate of pay.
11-4 When two or more journeymen are assigned to swing shift
duty without other supervision and no planning, lay out or work
scheduling is required, a journeyman member of the craft will be
assigned to supervise the crew and will be paid at the
Journeyman-in-Charge rate of pay.
11-5 A Heavy Mobile Equipment Mechanic (one-mechanic shop) is a
journeyman who is also responsible for day-to-day routine
operation of a one-mechanic shop including making reports and
ordering supplies and parts.
Provision 21
SUPPLEMENTARY AGREEMENT NO. 12
WORKING RULES FOR LITHOGRAPHER AND Reproduction SHOP SERIES
12.01 The Administrator and the Union agree that, in order to
meet workload emergencies and provide training opportunities,
employees in the Photographic, Direct Print, Lithographic, and
Bindery Sections may be given temporary assignments in other
sections of the Reproduction Branch and employees from other
sections of the Reproduction Branch may be given temporary
assignments in the above-named Sections. An employee shall not be
so reassigned for a period in excess of two pay periods for any
one workload emergency. Whenever an employee is reassigned to
work at a higher classification and performs duties at the
journeyman level of such higher classification, the employee shall
be paid at the higher rate for such work unless the reassignment
is for training purposes.
APPENDIX B
2/ Section 704 of the Civil Service Reform Act of 1978 (CSRA)
provides:
Sec. 704. (a) Those terms and conditions of employment and
other employment benefits with respect to Government prevailing
rate employees to whom section 9(b) of Public Law 92-392 applies
which were the subject of negotiation in accordance with
prevailing rates and practices prior to August 19, 1972, shall be
negotiated on and after the date of the enactment of this Act in
accordance with the provisions of section 9(b) of Public Law
92-392 without regard to any provision of chapter 71 of title 5,
United States Code (as amended by this title), to the extent that
any such provision is inconsistent with this paragraph.
(b) The pay and pay practices relating to employees referred to
in paragraph (1) of this subsection shall be negotiated in
accordance with prevailing rates and pay practices without regard
to any provision of --
(A) chapter 71 of title 5, United States Code (as amended by
this title), to the extent that any such provision is inconsistent
with this paragraph;
(B) subchapter IV of chapter 53 and subchapter V of chapter 55
of title 5, United States Code; or
(C) any rule, regulation, decision, or order relating to rates
of pay or pay practices under subchapter IV of chapter 53 or
subchapter V of chapter 55 of title 5, United States Code.
3/ Section 9(b) of Pub. L. 92-392 provides as follows:
Sec. 9.
* * *
(b) The amendments made by this Act shall not be construed to
--
(1) abrogate, modify, or otherwise affect in any way the
provisions of any contract in effect on the date of enactment of
this Act pertaining to the wages, the terms and conditions of
employment, and other employment benefits, or any of the foregoing
matters, for Government prevailing rate employees and resulting
from negotiations between Government agencies and organizations of
Government employees;
(2) nullify, curtail, or otherwise impair in any way the right
of any party to such contract to enter into negotiations after the
date of enactment of this Act for the renewal, extension,
modification, or improvement of the provisions of such contract or
for the replacement of such contract with a new contract; or
(3) nullify, change, or otherwise affect in any way after such
date of enactment any agreement, arrangement, or understanding in
effect on such date with respect to the various items of subject
matter of the negotiations on which any such contract in effect on
such date is based or prevent the inclusion of such items of
subject matter in connection with the renegotiation of any such
contract, or the replacement of such contract with a new contract,
after such date.
8/ H.R. Rep. No. 1403, 95th Cong., 2d Sess. 61-62 (1978) states as
follows:
Section 704(c) is intended to preserve the existing right of
certain Federal prevailing rate employees to negotiate terms and
conditions of employment. The committee intends that this
subsection preserve unchanged the scope and substance of the
existing collective bargaining relationship between the employees'
representatives and the agencies involved. The subsection
excludes these employees from the restrictions on the scope of
collective bargaining under chapter 71, and grants them authority
to negotiate pay and pay practices without regard to any provision
of chapters 51, 53, and 55 of title 5, or other provisions
relating to rates of pay or pay practices with respect to Federal
employees.
Reprinted in Committee on Post Office and Civil Service, House of
Representatives, 96th Cong., 1st Sess., Legislative History of the
Federal Service Labor-Management Relations Statute of 1978, Committee
Print No. 96-7, at 675 (1979) (hereinafter Legislative History).
9/ Congressman Ford stated as follows:
During committee markup, I offered an amendment to add a new
provision, section 704(c), which is intended to preserve the scope
of collective bargaining heretofore enjoyed by certain trade and
craft employees. . . . This provision is required because of two
recent rulings by the Comptroller General which invalidated
certain collectively bargained provisions and held that specific
legislative authorization is necessary for these employees to
continue to negotiate such provisions in accordance with
prevailing private industry practice. Decisions Nos. B-189782
(February 3, 1978) and B-191520 (June 6, 1978).
Certainly, we should not now be narrowing the preexisting
collective bargaining practices of any group of Federal employees.
This provision of the bill would have the effect of overruling
the two Comptroller General decisions, and would adopt his own
suggestion for specific legislative authorization. The provision
would specifically authorize the continuation of prior collective
bargaining practices, and would allow these employees, whom
Congress already sought to protect in the savings provision of
1972 wage board reform law, to continue to negotiate their terms
and conditions of employment in accordance with the prevailing
practice principle. I do not intend to expand nor contract the
scope of bargaining that existed prior to the Comptroller General
decisions. In the past, these employees have negotiated wages,
pay practices, and other practices in accordance with the
prevailing practice principle. This has produced some of the most
stable and effective collective bargaining in the history of
public employee labor relations. It has enabled the Federal
Government to procure and retain qualified craft employees who
otherwise might choose employment in private industry, by insuring
that they will enjoy comparable terms and conditions of
employment. (Emphasis added.)
124 Cong. Rec. 25722 (1978), Legislative History at 857.
11/ H.R. Rep. No. 1717, 95th Cong., 2d Sess. 159 (1978), Legislative
History at 827, states as follows:
CERTAIN COLLECTIVE BARGAINING AGREEMENTS
Section 704(d) of the House bill provides certain savings
clauses for employees principally in agencies under the Department
of the Interior and the Department of Energy who have
traditionally negotiated contracts in accordance with prevailing
rates in the private sector of the economy and who were subject to
the savings clauses prescribed in section 9(b) of Public Law
92-392, enacted August 19, 1972.
The Senate contains no comparable provision.
The conference report adopts the House provision with an
amendment.
As revised, section 704(d) overrules the decision of the
Comptroller General in cases number B-L89782 (Feb. 3, 1978) (sic)
and B-L9L520 (June 6, 1978), (sic) relating to certain negotiated
contracts applicable to employees under the Department of the
Interior and the Department of Energy. This section also provides
specific statutory authorization for the negotiation of wages,
terms and conditions of employment and other employment benefits
traditionally negotiated by these employees in accordance with
prevailing practices in the private sector of the economy.
Section 704(d)(1) authorizes and requires the agencies to
negotiate on any terms and conditions of employment which were the
subject of negotiations prior to August 19, 1972, the date of
enactment of Public Law 92-392. Section 704(d)(1) may not be
construed to nullify, curtail, or otherwise impair the right or
duty of any party to negotiate for the renewal, extension,
modification, or improvements of benefits negotiated.
Section 704(d)(2) requires the negotiation of pay and pay
practices in accordance with prevailing pay and pay practices
without regard to chapter 71 (as amended by this conference
report), subchapter IV of chapter 53, or subchapter V of chapter
55, of title 5, United States Code, in accordance with prevailing
practices in the industry.
20/ As to Provision 1, see Union Response to Agency Statement of
Position at 30-31. See also Article 11.04 and 11.06 of the Collective
Agreement Between the Administrator, Bonneville Power Administration and
Columbia Power Trades Council, Revised July 1, 1971, as set forth in
Exhibit D attached to the Union's Petition for Review (hereinafter
referred to as the "1971 Agreement"), which provides for the joint
labor-management apprenticeship committees to develop standard
apprenticeship plans and minimum craft standards. As to Provision 2,
see Union Response to Agency Statement of Position at 31-32. See also
Article 12.10g of the 1971 Agreement, as set forth in Exhibit D attached
to the Union's Petition for Review, which appears to provide only for
the employee to invoke arbitration. As to Provision 13, see Union
Response to Agency Statement of Position at 32-33. See also Section
4-2.02 of Supplementary Agreement No. 4 of the 1971 Agreement, as set
forth in Exhibit D attached to the Union's Petition for Review, which,
contrary to the Agency's contention, prescribes limits on heavy truck
drivers steering of pole trailers and Section 1-23 of Supplementary
Agreement No. 1 of the 1971 Agreement, as set forth in Exhibit D
attached to the Union's Petition for Review, which prescribes hours of
work for all unit employees, including heavy truck drivers.
21/ H.R. Rep. No. 339, 92d Cong., 1st Sess. 22 (1971) states as
follows:
Savings clause for existing agreements
Section 9(b)(1) of the bill, with the committee amendment,
provides that the amendments made by the Act shall not be
construed to abrogate, modify, or otherwise affect the provisions
of any existing contract pertaining to the wages, conditions of
employment, and other employment benefits of Government employees,
which contract resulted from negotiations between agencies and
employee organizations. Paragraph (2) of section 9(b) states that
the provisions of any contract in effect on the date of enactment
of the Act may be renewed, extended, modified or improved through
negotiation after the enactment date of the Act. Paragraph (3) of
section 9(b) provides that the Act shall not affect any existing
agreement between agencies and employee organizations regarding
the various items which are negotiable, nor shall the Act preclude
the inclusion of new items in connection with the renegotiation of
any contract. (Emphasis added.)