American Federation of Government Employees, Local 1760 (Union) and Department of Health, Education and Welfare, Social Security Administration, Northeastern Program Service Center, Flushing, New York (Agency) (Authority decision, March 11, 1982)

Final FLRA decision. The Authority resolved 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 order unless the court orders a stay under 5 U.S.C. § 7123(c).

Plain-English summary

An AFGE local proposed a daily sign-in and sign-out register during bargaining over flexible work hours at an SSA service center. The agency asserted that the register would interfere with internal security and its means of performing work. The Authority found that the agency had not shown how the proposal would affect those rights. It ordered bargaining on request. The outcome is vacated because the Authority rejected the agency’s claim that the proposal lay outside the duty to bargain.

Decision snapshot

• Authority: 5 U.S.C. § 7105(a)(2)(E), 5 U.S.C. § 7106(a)(1), 5 U.S.C. § 7106(b)(1).
• Outcome: The register proposal was held within the duty to bargain.
• Key point: Unsupported management-rights claims did not defeat a timekeeping proposal.

Full text (FLRA public release)

[ v08 p202 ]

08:0202(40)NG

The decision of the Authority follows:

8 FLRA No. 40

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
AFL-CIO, LOCAL 1760
Union

and

DEPARTMENT OF HEALTH, EDUCATION
AND WELFARE,
SOCIAL SECURITY ADMINISTRATION,
NORTHEASTERN PROGRAM SERVICE
CENTER, FLUSHING, NEW YORK
Agency

Case No. 0-NG-270

DECISION AND ORDER ON NEGOTIABILITY ISSUE

THE PETITION FOR REVIEW IN THIS CASE COMES BEFORE THE FEDERAL LABOR
RELATIONS AUTHORITY (THE AUTHORITY) PURSUANT TO SECTION 7105(A)(2)(E) OF
THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE),
AND RAISES AN ISSUE AS TO THE NEGOTIABILITY OF THE FOLLOWING UNION
PROPOSAL:

ARTICLE 2, RECORD KEEPING

A SIGN-IN/SIGN-OUT REGISTER SHALL BE ESTABLISHED FOR THE PURPOSE OF
RECORDING ALL ARRIVAL

AND DEPARTURE ENTRIES, INCLUDING LEAVE AND OVERTIME, ON A DAILY
BASIS.

UPON CAREFUL CONSIDERATION OF THE ENTIRE PERIOD, INCLUDING THE
PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATIONS.
THE DISPUTE AS TO THIS PROPOSAL AROSE DURING THE COURSE OF THE PARTIES'
MID-TERM BARGAINING ON THE ISSUE OF FLEXITIME. THE AGENCY CLAIMS,
WITHOUT PROVIDING SPECIFIC SUPPORT, THAT THE PROPOSED TIMEKEEPING
PROCEDURE WOULD INTERFERE WITH ITS RIGHTS TO DETERMINE ITS INTERNAL
SECURITY PRACTICES UNDER SECTION 7106(A)(1) AND TO DETERMINE ITS MEANS
OF PERFORMING WORK UNDER SECTION 7106(B)(1) OF THE STATUTE. IN THE
ABSENCE OF ANY SHOWING BY THE AGENCY OF HOW THE PROPOSED PROCEDURE
WOULD
INTERFERE WITH THESE MANAGEMENT RIGHTS, AS NO INTERFERENCE IS OTHERWISE
APPARENT, THERE IS NO BASIS FOR SUSTAINING THE AGENCY'S ALLEGATION THAT
THE PROPOSED PROCEDURE IS OUTSIDE THE DUTY TO BARGAIN. SEE NATIONAL
TREASURY EMPLOYEES UNION AND NTEU CHAPTER 61 AND DEPARTMENT OF THE
TREASURY, INTERNAL REVENUE SERVICE, ALBANY DISTRICT, NEW YORK, 7 FLRA
NO. 47(1981). SEE ALSO, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
AFL-CIO, LOCAL 15 AND DEPARTMENT OF THE TREASURY, INTERNAL REVENUE
SERVICE, NORTH ATLANTIC REGION, 2 FLRA 874(1980); AND NATIONAL TREASURY
EMPLOYEES UNION AND U.S. CUSTOMS SERVICE, REGION VIII, SAN FRANCISCO,
CALIFORNIA, 2 FLRA 254(1979).

ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S RULES AND
REGULATIONS (5 0CFR 2424.10(1981)), IT IS ORDERED THAT THE AGENCY SHALL
UPON REQUEST (OR AS OTHERWISE AGREED TO BY THE PARTIES) BARGAIN
CONCERNING THE SUBJECT PROPOSAL. /1/

ISSUED, WASHINGTON, D.C., MARCH 11, 1982

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY

--------------- FOOTNOTES: ---------------

/1/ IN DECIDING THAT THE SUBJECT PROPOSAL IS WITHIN THE DUTY TO
BARGAIN, THE AUTHORITY, OF COURSE, MAKES NO JUDGMENT AS TO ITS MERITS.