American Federation of Government Employees, Local 3760 and Social Security Administration, Disability Analysis Branch, Field Assessment Office (Authority decision, March 10, 1983)

Final FLRA decision. The Authority resolved the union's negotiability petition. An aggrieved person may seek judicial review of this final order in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a). A petition does not itself stay the order.

Plain-English summary

The union proposed giving each SSA disability examiner a personal telephone. The Authority found that the equipment requirement concerned the technology of performing work. Under the statute, bargaining on that subject depended on the agency's choice, and SSA had chosen not to bargain. The Authority dismissed the petition on the merits.

Decision snapshot

• Authority: Technology of performing work under 5 U.S.C. § 7106(b)(1).
• Outcome: Agency's nonnegotiability position sustained; petition dismissed.
• Key point: The agency could choose whether to bargain over the proposed equipment.

Full text (FLRA public release)

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11:0576(93)NG

The decision of the Authority follows:

11 FLRA NO. 93

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 3760

Union

and

SOCIAL SECURITY ADMINISTRATION,
DISABILITY ANALYSIS BRANCH,
FIELD ASSESSMENT OFFICE

Agency

Case No. 0-NG-566

DECISION AND ORDER ON NEGOTIABILITY ISSUE

The petition for review in this case comes before the Authority pursuant to section 7105(a)(2)(E) of the Federal Service Labor - Management Relations Statute (the Statute) and raises issues relating to the negotiability of the following Union proposal.

Each examiner shall have his/her own telephone.

Upon careful consideration of the entire record, including the parties' contentions, the Authority makes the following determination. In agreement with the Agency, the Authority finds that the proposal, by expressly requiring that the Agency provide each examiner with a telephone, clearly concerns the "technology of performing work" within the meaning of section 7106(b)(1) of the Statute. See American Federation of Government Employees, AFL - CIO, Local 1858 and Department of the Army, U.S. Army Missile Command, Redstone Arsenal, Alabama, 10 FLRA No. 74 (1982) (Union Proposal 3) and cases cited therein; American Federation of State, County and Municipal Employees, AFL - CIO, Local 2477; American Federation of State, County and Municipal Employees, AFL - CIO, Local 2910; Congressional Research Employees Association; and Law Library of Congress, United Association of Employees and Library of Congress, Washington, D.C., 7 FLRA No. 89 (1982) (Union Proposal IX). Under section 7106(b)(1), such matters are negotiable only at the election of the Agency. Thus, in light of the Agency's election not to bargain, the Union proposal is nonnegotiable. [ v11 p576 ]

Accordingly, pursuant to section 2424.10 of the Authority's Rules and Regulations, IT IS ORDERED that the Union's petition for review be, and it hereby is, dismissed.

Issued, Washington, D.C., March 10, 1983

Ronald W. Haughton, Chairman

Henry B. Frazier III, Member

Leon B. Applewhaite, Member

FEDERAL LABOR RELATIONS AUTHORITY

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