National Federation of Federal Employees, Local 1624 (Labor Organization) and Air Force Contract Management Division, Hagerstown, Maryland (Activity) (Authority decision, May 8, 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 union proposed that employees temporarily limited by illness or injury be detailed to suitable work or have their regular duties adjusted. The Authority found that the first option conflicted with management’s right to assign employees and the second with its right to assign work. It sustained the Air Force activity’s nonnegotiability allegation despite the union’s health and safety argument.

Decision snapshot

• Authority: 5 U.S.C. § 7106(a)(2)(A); 5 U.S.C. § 7106(a)(2)(B).
• Outcome: Agency nonnegotiability allegation sustained.
• Key point: The proposal required management to detail employees or redesign duties.

Full text (FLRA public release)

[ v03 p142 ]

03:0142(20)NG

The decision of the Authority follows:

3 FLRA No. 20

NATIONAL FEDERATION OF
FEDERAL EMPLOYEES, LOCAL 1624
(Labor Organization)

and

AIR FORCE CONTRACT MANAGEMENT
DIVISION, HAGERSTOWN, MARYLAND
(Activity)

Case No. 0-NG-74

DECISION ON NEGOTIABILITY ISSUE

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 (5 U.S.C. 7101 ET SEQ.).

UNION PROPOSAL

EMPLOYEES WHO ARE TEMPORARILY UNABLE TO PERFORM THEIR REGULARLY
ASSIGNED DUTIES BECAUSE OF

ILLNESS OR INJURY, BUT WHO ARE CAPABLE OF RETURNING TO OR REMAINING
IN A DUTY STATUS, WILL BE

DETAILED TO WORK ASSIGNMENTS COMPATIBLE WITH THEIR PHYSICAL
CONDITIONS OR THEIR REGULARLY

ASSIGNED DUTIES WILL BE TAILORED TO THEIR PHYSICAL LIMITATIONS.

QUESTION HERE BEFORE THE AUTHORITY

THE QUESTION IS WHETHER THE UNION'S PROPOSAL WOULD VIOLATE
MANAGEMENT'S RIGHTS UNDER SECTION 7106 OF THE STATUTE, AS ALLEGED BY THE
AGENCY AND IS THEREFORE NOT WITHIN THE DUTY TO BARGAIN. /1/

CONCLUSION: THE PROPOSAL WOULD VIOLATE MANAGEMENT'S RIGHT TO ASSIGN
EMPLOYEES AND TO ASSIGN WORK UNDER SECTION 7106(A)(2)(A) AND (B) OF THE
STATUTE. ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S
RULES AND REGULATIONS (45 FED.REG. 3513(1980)), THE AGENCY'S ALLEGATION
THAT THE DISPUTED PROPOSAL IS NOT WITHIN THE DUTY TO BARGAIN IS
SUSTAINED.

REASONS: THE PROPOSAL IN DISPUTE ESSENTIALLY STATES TWO ALTERNATIVE
ACTIONS BETWEEN WHICH MANAGEMENT MUST CHOOSE FOR EMPLOYEES WHO ARE
TEMPORARILY UNABLE TO PERFORM THEIR REGULARLY ASSIGNED DUTIES BECAUSE OF
ILLNESS OR INJURY, BUT WHO ARE CAPABLE OF RETURNING TO OR REMAINING IN A
DUTY STATUS: 1. THEY WILL BE DETAILED TO WORK ASSIGNMENTS COMPATIBLE
WITH THEIR PHYSICAL CONDITIONS; OR 2. THEIR REGULARLY ASSIGNED DUTIES
WILL BE TAILORED TO THEIR PHYSICAL LIMITATIONS.

IN AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO AND AIR FORCE
LOGISTICS COMMAND, WRIGHT-PATTERSON AIR FORCE BASE, OHIO, /2/ THE
AUTHORITY GENERALLY STATED WITH RESPECT TO MANAGEMENT'S RIGHT TO ASSIGN
EMPLOYEES UNDER SECTION 7106(A)(2)(A) OF THE STATUTE THAT "THE RIGHT TO
ASSIGN AN EMPLOYEE TO A POSITION INCLUDES THE DISCRETION TO DETERMINE
WHICH EMPLOYEE WILL BE ASSIGNED. /3/

IN THAT CASE THE AUTHORITY ALSO STATED THE FOLLOWING WITH REFERENCES
TO MANAGEMENT'S RIGHT TO ASSIGN WORK UNDER SECTION 7106(A)(2)(B) OF THE
STATUTE: /4/

THE ASSIGNMENT OF WORK TO EMPLOYEES OR POSITIONS IS A RIGHT RESERVED
TO MANAGEMENT UNDER

SECTION 7106(A) OF THE STATUTE. THE REDESIGN OF A POSITION OR A JOB
REQUIRES, AMONG OTHER

THINGS, A DETERMINATION OF THE WORK WHICH WILL BE ASSIGNED TO THE
POSITION OR EMPLOYEE

INVOLVED. THUS, A PROPOSAL TO REDESIGN A POSITION OR JOB IN A
PARTICULAR MANNER WOULD

CONFLICT WITH MANAGEMENT'S RIGHT TO ASSIGN WORK BY PRESCRIBING THE
WORK TO BE ASSIGNED.

BASED UPON THE ABOVE, THE FIRST ALTERNATIVE PROVIDED BY THE PROPOSAL
IN DISPUTE, NAMELY, THAT MANAGEMENT MUST DETAIL THE SUBJECT EMPLOYEES TO
PARTICULAR TYPES OF POSITIONS OR WORK ASSIGNMENTS, WOULD VIOLATE
MANAGEMENT'S RIGHT TO ASSIGN EMPLOYEES UNDER SECTION 7106(A)(2)(A) OF
THE STATUTE. THE SECOND AND ONLY OTHER ALTERNATIVE PROVIDED UNDER THE
PROPOSAL, NAMELY, THAT MANAGEMENT MUST "TAILOR," OR REDESIGN, THE DUTIES
OF A POSITION SPECIFICALLY FOR THE SUBJECT EMPLOYEES, WOULD VIOLATE
MANAGEMENT'S RIGHT TO ASSIGN WORK UNDER SECTION 7106(A)(2)(B) OF THE
STATUTE.

THE UNION CONTENDS THAT THE PROPOSAL IS NEGOTIABLE AS A HEALTH AND
SAFETY MEASURE. THIS CHARACTERIZATION DOES NOT AFFECT THE REQUIREMENTS,
PURSUANT TO SECTION 7117 OF THE STATUTE, THAT SUCH PROPOSALS ARE
NEGOTIABLE ONLY INSOFAR AS THEY ARE NOT INCONSISTENT WITH FEDERAL LAW,
GOVERNMENT-WIDE RULE OR REGULATION, OR AGENCY RULE OR REGULATION FOR
WHICH A COMPELLING NEED EXISTS. AS STATED ABOVE, IT IS THE AUTHORITY'S
DETERMINATION THAT THE INSTANT PROPOSAL WOULD VIOLATE SECTION
7106(A)(2)(A) AND (B) OF THE STATUTE AND, THEREFORE, THAT IT IS NOT
WITHIN THE DUTY TO BARGAIN.

ISSUED, WASHINGTON, D.C., MAY 8, 1980

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY

/1/ SECTION 7106 OF THE STATUTE PROVIDES IN RELEVANT PART, AS
FOLLOWS:

SEC. 7106. MANAGEMENT RIGHTS

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

AUTHORITY OF ANY MANAGEMENT OFFICIAL OF ANY AGENCY--

. . . .

(2) IN ACCORDANCE WITH APPLICABLE LAWS--

(A) TO HIRE, ASSIGN, . . . AND RETAIN EMPLOYEES . . . ;

(B) TO ASSIGN WORK . . . .

/2/ CASE NO. 0-NG-40, 2 FLRA NO. 77 (JAN. 31, 1980).

/3/ ID. AT P. 10 OF DECISION.

/4/ ID. AT P. 18 OF DECISION.