American Federation of Government Employees, Local 2578, AFL-CIO (Union) and General Services Administration, National Archives and Records Service, Headquarters, Washington, DC (Agency) (Authority decision, August 31, 1981)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority. 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

A union proposed allowing employees to eat at their work stations unless doing so posed actual danger to the work process. The National Archives argued that its eating restrictions protected stored records from contamination and pests. The Authority held that the proposal concerned the technology of performing records preservation work, a subject on which the agency could elect whether to bargain. Because it declined, the Authority dismissed the petition.

Decision snapshot

• Authority: 5 U.S.C. § 7106(b)(1).
• Outcome: Eating at work stations proposal held outside required bargaining.
• Key point: Records preservation measures fell within the agency’s work technology choice.

Full text (FLRA public release)

[ v06 p477 ]

06:0477(91)NG

The decision of the Authority follows:

6 FLRA No. 91

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

and

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

Case No. O-NG-167

DECISION AND ORDER 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 (STATUTE) (5 U.S.C. SEC. 7101 ET
SEQ.).

UNION PROPOSAL

NO EMPLOYEE WILL BE DENIED THE RIGHT TO EAT AT HIS OR HER WORK
STATION UNLESS ACTUAL DANGER

TO THE WORK PROCESS WOULD OTHERWISE RESULT.

QUESTION HERE BEFORE THE AUTHORITY

THE QUESTION IS WHETHER, AS ALLEGED BY THE AGENCY, THE UNION'S
PROPOSAL IS NEGOTIABLE ONLY AT THE ELECTION OF THE AGENCY UNDER SECTION
7106(B)(1) OF THE STATUTE BECAUSE IT CONCERNS THE TECHNOLOGY OF
PERFORMING WORK. /1/

OPINION

CONCLUSION AND ORDER: THE PROPOSAL IN THIS PARTICULAR CASE CONCERNS
THE TECHNOLOGY OF PERFORMING WORK, A MATTER WHICH IS NEGOTIABLE ONLY AT
THE ELECTION OF THE AGENCY UNDER SECTION 7106(B)(1) OF THE STATUTE, AND
THE AGENCY HAS DECLINED TO NEGOTIATE. ACCORDINGLY, PURSUANT TO SECTION
2424.10 OF THE AUTHORITY'S RULES AND REGULATIONS (5 CFR 2424.10, AS
AMENDED BY 45 F.R. 48575), IT IS ORDERED THAT THE UNION'S PETITION FOR
REVIEW BE, AND IT HEREBY IS, DISMISSED.

REASONS: THE MISSION OF THE NATIONAL ARCHIVES AND RECORDS SERVICE OF
THE GENERAL SERVICES ADMINISTRATION (NARS) INCLUDES THE PRESERVATION OF
THE RECORDS OF THE FEDERAL GOVERNMENT. /2/ IN THE INSTANT CASE, NARS
HAS ADOPTED AND UTILIZES VARIOUS PROTECTIVE AND PREVENTIVE MEASURES
DESIGNED TO MAINTAIN AN ENVIRONMENT SUITABLE TO CARRYING OUT THE RECORDS
PRESERVATION ASPECT OF ITS MISSION. FOR EXAMPLE, ALL ACCESSIONED PAPER
RECORDS ARE REQUIRED, AMONG OTHER THINGS, TO BE FUMIGATED AND MADE FREE
OF DUST, STORED IN AREAS MAINTAINED AT A CONSTANT TEMPERATURE OF 70
DEGREES AND HUMIDITY OF 50 PERCENT, AND KEPT FREE OF INSECTS, RODENTS,
AND OTHER PAPER-DESTROYING PESTS. /3/ IN COMPLEMENTARY MANNER, SMOKING,
EATING AND DRINKING ARE PROHIBITED IN OFFICES WHICH ARE LOCATED IN STACK
AREAS AND WHICH ARE USED IN PART AS RESEARCH ROOMS OR FOR RECORDS
STORAGE /4/ BECAUSE OF THE POTENTIALLY HARMFUL EFFECT OF THESE
ACTIVITIES ON PAPER RECORDS. /5/

THE AGENCY CONTENDS THAT THE PROHIBITION ON SMOKING, EATING, AND
DRINKING IN EMPLOYEE OFFICES WHERE RECORDS ARE STORED OR USED IS A PART
OF ITS RECORDS PRESERVATION "TECHNOLOGY," I.E., THE TECHNOLOGY OF
PERFORMING THE WORK OF THE AGENCY, WHICH IS EXCEPTED FROM THE OBLIGATION
TO BARGAIN UNDER SECTION 7106(B)(1) OF THE STATUTE AND THAT THE UNION'S
PROPOSAL IS NONNEGOTIABLE BECAUSE IT WOULD REQUIRE THE AGENCY TO
NEGOTIATE WITH RESPECT TO THAT TECHNOLOGY. IN THE CIRCUMSTANCES OF THIS
CASE, WE AGREE WITH THE AGENCY.

THE UNION'S PROPOSAL PROVIDES THAT AN EMPLOYEE WILL NOT BE DENIED THE
RIGHT TO EAT AT HIS OR HER WORK STATION UNLESS ACTUAL DANGER TO THE WORK
PROCESS WOULD OTHERWISE RESULT. THAT IS, THE PROPOSAL WOULD, IN EFFECT,
PERMIT AN EMPLOYEE TO EAT AT HIS OR HER WORK STATION REGARDLESS OF THE
PRESENCE OF ARCHIVAL MATERIALS AS LONG AS THOSE MATERIALS ARE NOT IN
ACTUAL DANGER. HOWEVER, AS INDICATED ABOVE, THE PROHIBITION ON EATING
IN AREAS WHERE RECORDS ARE STORED OR USED IS A PART OF THE GROUP OF
PROTECTIVE AND PREVENTIVE MEASURES WHICH THE AGENCY UTILIZES TO MAINTAIN
AN ENVIRONMENT SUITABLE TO THE PRESERVATION OF RECORDS. IN THIS
RESPECT, AS NOTED ABOVE, IT IS THE AGENCY'S RESPONSIBILITY TO PRESERVE
THE NATIONAL ARCHIVES OF THE UNITED STATES. AS SUCH, IT IS PART OF THE
TECHNOLOGY OF PERFORMING THE AGENCY'S WORK. /6/ THEREFORE, THE AGENCY
MUST BE ABLE TO PRESCRIBE TECHNOLOGY OF PERFORMING THE WORK OF THE
AGENCY THAT IS NOT DELETERIOUS TO THE AIM OF SAFEGUARDING THOSE RECORDS.
ACCORDINGLY, SINCE THE UNION'S PROPOSAL WOULD REQUIRE THE AGENCY TO
NEGOTIATE REGARDING THE TECHNOLOGY BY MEANS OF WHICH THE AGENCY
ACCOMPLISHES ITS MISSION OF PRESERVING ARCHIVAL RECORDS, WHICH IS A
MATTER NEGOTIABLE ONLY AT THE ELECTION OF THE AGENCY UNDER SECTION
7106(B)(1) OF THE STATUTE, WE FIND THAT THE AGENCY'S ALLEGATION THAT THE
PROPOSAL IS OUTSIDE THE DUTY TO BARGAIN MUST BE SUSTAINED.

ISSUED, WASHINGTON, D.C., AUGUST 31, 1981

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY

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

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

SEC. 7106. MANAGEMENT RIGHTS

. . . .

(B) NOTHING IN THIS SECTION SHALL PRECLUDE ANY AGENCY AND ANY LABOR
ORGANIZATION FROM

NEGOTIATING

(1) AT THE ELECTION OF THE AGENCY, ON THE . . . TECHNOLOGY, METHODS,
AND MEANS OF

PERFORMING WORK; . . .

/2/ 44 U.S.C. 2105 PROVIDES, IN RELEVANT PART, AS FOLLOWS:

THE ADMINISTRATOR OF GENERAL SERVICES SHALL PROVIDE FOR THE
PRESERVATION, ARRANGEMENT,

REPAIR AND REHABILITATION, DUPLICATION AND REPRODUCTION . . .
DESCRIPTION, AND EXHIBITION OF

RECORDS OR OTHER DOCUMENTARY MATERIAL TRANSFERRED TO HIM AS MAY BE
NEEDFUL OR

APPROPRIATE. . . .

/3/ SEE GENERALLY NATIONAL ARCHIVES PROCEDURES, NAR P 1848.1A, CHAP.
3.

/4/ NATIONAL ARCHIVES PROCEDURES, NAR P 1848.1A, CHAP. 3, PARA. 4G
PROVIDES, IN RELEVANT PART, AS FOLLOWS:

DO NOT SMOKE, EAT, OR DRINK IN ANY AREA IN WHICH RECORDS ARE STORED
OR USED. THIS

PROHIBITION DOES NOT APPLY TO OFFICES EXCEPT THOSE LOCATED IN STACK
AREAS USED IN PART AS

RESEARCH ROOMS OR FOR THE STORAGE OF RECORDS. /5/ THE AGENCY ASSERTS
THAT IT HAS PROVIDED

EMPLOYEES WITH AN ACCESSIBLE LOUNGE AREA WHERE EMPLOYEES MAY EAT,
SMOKE OR DRINK (SEE P. 23 OF AGENCY'S BRIEF).

/6/ COMPARE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO AND
AIR FORCE LOGISTICS COMMAND, WRIGHT-PATTERSON AIR FORCE BASE, OHIO, 2
FLRA NO. 77(1980) (PROPOSAL CONCERNING USE OF TELEPHONES) WITH AMERICAN
FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1917 AND U.S.
DEPARTMENT OF JUSTICE, IMMIGRATION AND NATURALIZATION SERVICE, NEW YORK
DISTRICT OFFICE AND AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO
LOCAL 1917 AND U.S. DEPARTMENT OF JUSTICE, IMMIGRATION AND
NATURALIZATION SERVICE NEW YORK CITY DISTRICT OFFICE, 4 FLRA NO.
25(1980) (PROPOSAL CONCERNING GUN BOXES).