International Association of Fire Fighters, Local F-48, AFL-CIO (Union) and Naval Support Activity, Mare Island Station, California (Activity) (Authority decision, June 26, 1980)

Final FLRA decision. This negotiability order ends the petition before the Authority. An aggrieved person may seek judicial review in a court of appeals within 60 days of issuance under 5 U.S.C. § 7123(a).

Plain-English summary

A Mare Island firefighters union challenged agency objections to proposals about Sunday work and training. The Authority held that the first proposal restricted management’s right to assign work and was outside the duty to bargain. It found the second proposal negotiable because its undertaking to endeavor to provide training did not limit management’s assignment authority.

Decision snapshot

• Authority: 5 U.S.C. § 7106(a)(2)(B), 5 U.S.C. § 7117.
• Outcome: Sunday work proposal rejected; training proposal held negotiable.
• Key point: Wording that preserved assignment discretion made the training proposal negotiable.

Full text (FLRA public release)

[ v03 p489 ]

03:0489(76)NG

The decision of the Authority follows:

3 FLRA No. 76

INTERNATIONAL ASSOCIATION OF
FIRE FIGHTERS, LOCAL F-48, AFL-CIO
(Union)

and

NAVAL SUPPORT ACTIVITY
MARE ISLAND STATION, CALIFORNIA
(Activity)

Case No. 0-NG-139

DECISION ON NEGOTIABILITY ISSUES

THIS CASE COMES BEFORE THE FEDERAL LABOR RELATIONS AUTHORITY PURSUANT
TO SECTION 7105(A)(2)(E)OF THE FEDERAL SERVICE LABOR-MANAGEMENT
RELATIONS STATUTE (5 U.S.C. 7101 ET SEQ.)

UNION PROPOSAL I

ARTICLE 22.5 SATURDAY AND SUNDAY WORK. WORK ON SUNDAY WILL BE
ARRANGED TO INSURE EMPLOYEES

COMMENCE STAND-BY STATUS AT 1100 HOURS. EMERGENCIES EXPECTED. WORK
ON SUNDAY WILL NOT BE

SCHEDULED, GIVEN TO THE FACT THAT SUNDAY IS A RELIGIOUS DAY OF REST
FOR MANY EMPLOYEES. THE

ONLY WORK TO BE PERFORMED ON SUNDAY WILL BE MORNING EQUIPMENT
INSPECTION AND LIGHT STATION

CLEAN-UP, AND THAT OF AN EMERGENCY AS DESCRIBED IN SECTION 3 OF THIS
ARTICLE.

ARTICLE 22.6 WORK ON HOLIDAYS. NO WORK EXCEPT THAT OF AN EMERGENCY,
AS DESCRIBED IN

SECTION 3 OF THIS ARTICLE. THE ONLY WORK TO BE PERFORMED ON NATIONAL
HOLIDAYS ARE THAT OF

MORNING EQUIPMENT INSPECTION AND LIGHT STATION CLEAN-UP.

UNION'S HAND WRITTEN PROPOSAL (IN RELEVANT PART) " . . . (W)ORK AND
TRAINING ASSIGNMENTS

SHALL NOT EXCEED 3 HRS. ON NATIONAL HOLIDAYS, SATURDAYS AND SUNDAYS."

QUESTION HERE BEFORE THE AUTHORITY

THE QUESTION IS WHETHER THE UNION'S PROPOSAL FALLS WITHIN THE DUTY TO
ASSIGN UNDER THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, OR
WHETHER, AS ALLEGED BY THE AGENCY, THE PROPOSAL VIOLATES SECTION 7106(A)
OF THE STATUTE.

OPINION

CONCLUSION: UNION PROPOSAL I CONFLICTS WITH SECTION 7106(A)(2)(B) OF
THE STATUTE. /1/ ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF THE
AUTHORITY'S RULES AND REGULATIONS (45 FED. REG. 3482 ET SEQ. (1980)),
THE AGENCY'S ALLEGATION THAT THE DISPUTED PROPOSAL IS NOT WITHIN THE
DUTY TO BARGAIN IS SUSTAINED.

REASON: THE UNION'S PROPOSAL BEARS NO MATERIAL DIFFERENCE FROM A
PROPOSAL CONCERNING WORK ON HOLIDAYS, SATURDAYS, AND SUNDAYS IN
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL F-61 AND PHILADELPHIA
NAVAL SHIPYARD, 3 FLRA NO. 66 (O-NG-6), WHEREIN THE AUTHORITY FOUND THAT
SUCH A PROPOSAL WOULD RESTRICT MANAGEMENT'S RIGHT "TO ASSIGN WORK WITHIN
THE MEANING OF SECTION 7106(A)(2)(B)." THEREFORE, FOR THE REASONS FULLY
SET FORTH IN THAT DECISION, THE AUTHORITY FINDS THAT THE INSTANT
PROPOSAL CONFLICTS WITH MANAGEMENT'S RIGHT TO ASSIGN WORK. ACCORDINGLY,
THE AGENCY'S ALLEGATION THAT THE PROPOSAL IS NOT WITHIN THE DUTY TO
BARGAIN MUST BE SUSTAINED.

UNION PROPOSAL II

ARTICLE 29.1 IN VIEW OF SEASONAL CHANGES IN WEATHER CONDITIONS,
MANAGEMENT WILL ENDEAVOR TO

SCHEDULE TRAINING SO WINTERTIME TRAINING WILL CONSIST OF THOSE ITEMS
THAT REQUIRE CLASS ROOM

SESSIONS, I.E., HYDRAULICS, FIRST AID, ROPE AND FORCIBLE ENTRY
PRACTICES, FIRE EXTINGUISHER

PRACTICES, SALVAGE, AND PRE-FIRE PLANNING, ETC. SUMMERTIME TRAINING
REQUIRING OUTDOOR

PERFORMANCE OF SKILLS SUCH AS HOSE LAYS, LADDER PRACTICES, PUMP
OPERATION TRAINING, DRIVER

TRAINING, ETC.

QUESTION HERE BEFORE THE AUTHORITY

THE QUESTION IS WHETHER THE UNION'S PROPOSAL FALLS WITHIN THE DUTY TO
BARGAIN UNDER THE STATUTE, OR WHETHER, AS ALLEGED BY THE AGENCY, THE
PROPOSAL WOULD VIOLATE SECTION 7106(A) OF THE STATUTE.

OPINION

CONCLUSION: UNION PROPOSAL II DOES NOT CONFLICT WITH SECTION 7106(A)
OF THE STATUTE BUT IS WITHIN THE DUTY TO BARGAIN UNDER THE STATUTE.
THUS, PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S RULES AND
REGULATIONS (45 FED.REG. 3482 ET SEQ. (1980)), THE AGENCY'S ALLEGATIONS
THAT THE PROVISION IS NOT WITHIN THE DUTY TO BARGAIN IS SET ASIDE. /2/

REASON: ALTHOUGH THE INSTANT PROPOSAL APPEARS TO BE SIMILAR TO A
PROPOSAL CONCERNING THE TRAINING OF FIRE FIGHTERS MENTIONED ABOVE AND
DISCUSSED IN PHILADELPHIA NAVAL SHIPYARD, SUPRA, ITS WORDING IS
SUFFICIENTLY DIFFERENT TO DISTINGUISH THE PROVISION. THUS, UNLIKE THE
PROVISION IN PHILADELPHIA NAVAL SHIPYARD WHICH LIMITED MANAGEMENT'S
RIGHT TO ASSIGN WORK AND THUS WAS FOUND NON-NEGOTIABLE, THE LANGUAGE
"WILL ENDEAVOR" CONTAINED HEREIN DOES NOT RESTRICT MANAGEMENT'S
PREROGATIVE TO ASSIGN TRAINING (OR WORK) AND, HENCE, THIS PROPOSAL DOES
NOT CONFLICT WITH MANAGEMENT'S RIGHTS UNDER SECTION 7106(A)(2)(B) OF THE
STATUTE. ACCORDINGLY, THE AGENCY'S ALLEGATION TO THE CONTRARY IS SET
ASIDE.

ISSUED, WASHINGTON, D.C., JUNE 26, 1980

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY

/1/ SECTION 7106(A)(2)(B):

SECTION 7106. MANAGEMENT RIGHTS

(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION, NOTHING IN THIS
CHAPTER SHALL AFFECT THE

AUTHORITY OF ANY MANAGEMENT OFFICIAL AT ANY AGENCY--

. . . .

(2) IN ACCORDANCE WITH APPLICABLE LAWS--

(B) TO ASSIGN WORK, TO MAKE DETERMINATIONS WITH RESPECT TO
CONTRACTING OUT, AND TO

DETERMINE THE PERSONNEL BY WHICH AGENCY OPERATIONS SHALL BE
CONDUCTED;

/2/ IN SO DECIDING THAT THE PROPOSAL IS WITHIN THE DUTY TO BARGAIN,
THE AUTHORITY MAKES NO JUDGMENT AS TO THE MERITS OF THE PROPOSAL.