AFGE Local 2578 and General Services Administration, National Archives and Records Service (Authority decision, April 30, 1982)

Final FLRA decision. The Authority resolved a negotiability appeal. An aggrieved person may seek judicial review in a United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a).

Plain-English summary

AFGE Local 2578 proposed that part-time or intermittent National Archives employees not be denied assignments because their annual pay reached a specified limit. The Authority found that the proposal would require work assignments without regard to a condition of those employees’ appointments. It would eliminate management’s discretion to choose the position or employee to receive work. The Authority held it outside the duty to bargain and dismissed the petition.

Decision snapshot

• Authority: 5 U.S.C. § 7106(a)(2)(B).
• Outcome: Proposal held nonnegotiable; petition dismissed.
• Key point: The proposal would override management’s statutory right to assign work.

Full text (FLRA public release)

[ v08 p407 ]

08:0407(86)NG

The decision of the Authority follows:

8 FLRA No. 86

LOCAL 2578, AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, AFL-CIO
Union

and

GENERAL SERVICES ADMINISTRATION,
NATIONAL ARCHIVES AND RECORDS SERVICE,
WASHINGTON, D.C.
Agency

Case No. O-NG-165

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 INVOLVES THE NEGOTIABILITY OF THE FOLLOWING UNION PROPOSAL:

NO EMPLOYEE WILL BE DENIED AN ASSIGNMENT ON THE GROUNDS THAT HE OR
SHE WILL HAVE AGGREGATED

MORE THAN 40% OF THE ANNUAL SALARY FOR THE FIRST STEP OF GS-3 OR
OTHER IMPROPER GROUNDS.

UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATIONS.
THE RECORD IN THIS CASE INDICATES THAT THE BARGAINING UNIT INVOLVED
INCLUDES EMPLOYEES APPOINTED TO "NONTEMPORARY POSITIONS THE DUTIES OF
WHICH ARE PART-TIME OR INTERMITTENT." THE UNION'S PROPOSAL WOULD REQUIRE
THE AGENCY TO ASSIGN WORK TO THESE EMPLOYEES WITHOUT REGARD TO ONE OF
THE TERMS OF THEIR APPOINTMENTS, I.E., THAT DURING A GIVEN YEAR THEIR
AGGREGATE COMPENSATION MUST NOT EXCEED 40% OF THE ANNUAL SALARY RATE FOR
THE FIRST STEP OF GRADE GS-3. IN AGREEMENT WITH THE AGENCY, THE
AUTHORITY CONCLUDES THAT THE UNION'S PROPOSAL IS OUTSIDE THE DUTY TO
BARGAIN SINCE IT WOULD VIOLATE THE MANAGEMENT RIGHTS PROVISION OF THE
STATUTE. THAT IS, IN THE CIRCUMSTANCES TO WHICH IT APPLIES, THE
PROPOSAL WOULD ELIMINATE THE DISCRETION INHERENT IN MANAGEMENT'S RIGHT
TO ASSIGN WORK PURSUANT TO SECTION 7106(A)(2)(B) OF THE STATUTE, I.E.,
TO DETERMINE TO WHICH POSITION OR EMPLOYEE THE WORK WILL BE ASSIGNED.
/1/ SEE ASSOCIATION OF CIVILIAN TECHNICIANS AND STATE OF GEORGIA
NATIONAL GUARD, 2 FLRA 581 (1980); NATIONAL LABOR RELATIONS BOARD
UNION, LOCAL 19 AND NATIONAL LABOR RELATIONS BOARD, REGION 19, 2 FLRA
775 (1980).

ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S RULES AND
REGULATIONS (5 CFR 2424.10 (1981)), IT IS ORDERED THAT THE UNION'S
PETITION FOR REVIEW BE, AND IT HEREBY IS, DISMISSED.

ISSUED, WASHINGTON, D.C., APRIL 30, 1982

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY

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

/1/ SECTION 7106(A)(2)(B) PROVIDES IN PERTINENT PART:

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--

. . . .

(B) TO ASSIGN WORK . . . .