National Association of Government Employees, Local R12-33 and U.S. Department of the Navy, Naval Air Warfare Center Weapons Division, Point Mugu, California (Authority decision, August 7, 1992)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority resolving a negotiability appeal. An aggrieved person may seek judicial review by filing a petition in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a). Filing a petition does not stay the Authority's order unless the court orders a stay under 5 U.S.C. § 7123(c).

Plain-English summary

NAGE Local R12-33 proposed that the Navy reclassify at least 30 firefighter positions from GS-5 to GS-6 and reclassify other GS-5 positions if their employees performed GS-6 duties. The union said the Navy had agreed to discuss the number of GS-6 positions. The Authority focused on the proposal's required reclassification of existing positions. Federal labor law excludes position classification from the conditions of employment subject to bargaining. The Authority therefore found the proposal nonnegotiable and dismissed the union's petition without reaching the Navy's other arguments.

Decision snapshot

• Authority: 5 U.S.C. § 7103(a)(14)(B).
• Outcome: Firefighter reclassification proposal found nonnegotiable; petition dismissed.
• Key point: A proposal requiring an agency to change existing positions' grades concerns classification, which is outside the statutory definition of conditions of employment.

Full text (FLRA public release)

[ v45 p802 ]

45:0802(72)NG

The decision of the Authority follows:

45 FLRA No. 72

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES

LOCAL R12-33

(Union)

and

U.S. DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER

WEAPONS DIVISION

POINT MUGU, CALIFORNIA

(Agency)

0-NG-2036

_____

DECISION AND ORDER ON A NEGOTIABILITY ISSUE

August 7, 1992

_____

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

This case is before the Authority on a negotiability appeal filed by the Union under section 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute (the Statute). The appeal concerns the negotiability of a single proposal, which requires the Agency to reclassify certain positions. The Union did not file a reply brief. For the following reasons, we find that the proposal is nonnegotiable.

II. Proposal

That Management reclassify a minimum of thirty (30) Firefighter, GS-081-05 positions to the GS-081-06 level and that if management requires the remaining GS-081-05 Firefighters to perform duties at the GS-081-06 level these positions shall also be reclassified to the GS-081-06 level.

III. Positions of the Parties

A. Agency

The Agency argues that the proposal concerns the classification of positions and, therefore, is nonnegotiable because it is excluded from the definition of conditions of employment by section 7103(a)(14) of the Statute. The Agency also contends that the proposal relates to grades of positions, which are negotiable only at the election of the Agency under section 7106(b)(1) of the Statute.

B. Union

The Union notes that the dispute in this case arose when the Agency decided "to require all applicants for the position of Firefighter Driver/Operator GS-081-6 take and pass a written, as well as, a road test to qualify for that position." Memorandum in Support of Petition for Review at 2. The Union contends that it argued to the Agency that all GS-5 positions should be reclassified at the GS-6 level because "GS-5 employees have historically been required to perform GS-6 duties including driving and operating firefighting equipment." Id. According to the Union, however, when the Agency stated that it would not reclassify more than 15 GS-5 positions, the Union submitted the proposal in dispute.

As to the disputed proposal, the Union contends that the Agency may elect under section 7106(b)(1) of the Statute to negotiate on the number of GS-6 firefighter positions. The Union claims that the Agency elected to negotiate with the Union on the number of GS-6 positions and "cannot now . . . refuse to negotiate on this issue." Id. at 3.

IV. Analysis and Conclusions

Section 7103(a)(14)(B) of the Statute excludes from the definition of conditions of employment matters "relating to the classification of any position[.]" Proposals concerning the pay level of positions concern classification of positions, within the meaning of section 7103(a)(14)(B). See National Association of Government Employees, Federal Union of Scientists and Engineers, Local R14-144 and U.S. Department of the Navy, Naval Underwater Systems Center, Newport, Rhode Island, 42 FLRA 1285, 1291-92 (1991) and cases cited therein.

The proposal requires that 30 GS-5 firefighter positions be classified at the GS-6 level and that if any remaining GS-5 firefighters are required to perform GS-6 duties, the Agency also must reclassify those positions. The Union confirms that the proposal would require the Agency to reclassify existing firefighter positions. Based on its plain wording and the Union's statement, it is clear that the proposal would require the Agency to reclassify positions. As such, we conclude that the proposal concerns the classification of a position, within the meaning of section 7103(a)(14)(B) of the Statute and, therefore, does not concern a condition of employment. Accordingly, without addressing the Agency's other arguments, we find the that the proposal is nonnegotiable.

V. Order

The Union's petition for review is dismissed.

FOOTNOTES:
(If blank, the decision does not have
footnotes.)