International Association of Fire Fighters, Local F-116 and Department of the Air Force, Vandenberg Air Force Base (Authority decision, January 28, 1982)

Final FLRA decision. The Authority held the disputed training schedule restriction outside the duty to bargain and dismissed the union's petition. An aggrieved person may petition an appropriate United States court of appeals for review within 60 days after issuance under 5 U.S.C. § 7123(a).

Plain-English summary

The firefighters' union proposed limits on when Vandenberg Air Force Base could schedule training during employees' 24-hour shifts. The Authority found that restricting training to certain hours or days would interfere with management's statutory right to assign work. It held the disputed proposal nonnegotiable and dismissed the petition. The decision did not address the parts of the longer training article that were not in dispute.

Decision snapshot

• Authority: Management's right to assign work under 5 U.S.C. § 7106(a)(2)(B).
• Outcome: Disputed training schedule provision held nonnegotiable; petition dismissed.
• Key point: A proposal barring training assignments at specified times interfered with the right to assign work.

Full text (FLRA public release)

[ v07 p752 ]

07:0752(122)NG

The decision of the Authority follows:

7 FLRA No. 122

INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, AFL-CIO, CLC,
LOCAL F-116
Union

and

DEPARTMENT OF THE AIR FORCE,
VANDENBERG AIR FORCE BASE,
CALIFORNIA
Agency

Case No. O-NG-327

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 4, TRAINING, SECTION 1

1. THE FIRE PROTECTION BRANCH'S TRAINING PROGRAM WILL BE CONDUCTED
   IN ACCORDANCE WITH

APPLICABLE OFFICE OF PERSONNEL MANAGEMENT REGULATIONS, AIR FORCE
REGULATIONS AND DE OPERATING

INSTRUCTIONS. TRAINING PERIODS: TRAINING WILL BE SCHEDULED FOR
NORMAL DUTY HOURS, 0730-1630

HOURS, MONDAY THROUGH FRIDAY. TRAINING MAY BE SCHEDULED FROM
0730-1100 ON SATURDAYS. SUNDAYS

AND HOLIDAYS WILL ONLY BE CONDUCTED AT THE DIRECTION OF THE BASE FIRE
CHIEF. IF CONDITIONS

WARRANT TRAINING, I.E., MAKEUP, PROFICIENCY OR NIGHT OPERATIONS, IT
MAY BE CONDUCTED. TRAINING

OPERATIONS WILL NOT BE INITIATED AFTER 2030 HOURS. ALL VEHICLES WILL
BE RETURNED TO SERVICE

NO LATER THAN 2130 HOURS. (ONLY THE UNDERSCORED PORTION OF THE
PROPOSAL IS IN DISPUTE.)

UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATION.

THE DISPUTED PROPOSAL IN THIS CASE WOULD PRESCRIBE THAT THE AGENCY
ONLY COULD SCHEDULE TRAINING DURING CERTAIN HOURS OR ON CERTAIN DAYS OF
THE NORMAL 24-HOUR SHIFTS COMPRISING THE WORKWEEK OF THE FIRE FIGHTERS
INVOLVED. IN THIS RESPECT, THE PROPOSAL BEARS NO MATERIAL DIFFERENCE
FROM SECTION 1 OF PROPOSAL I WHICH WAS BEFORE THE AUTHORITY IN
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL F-61 AND PHILADELPHIA
NAVAL SHIPYARD, 3 FLRA NO. 66(1980), AND HELD TO BE OUTSIDE THE DUTY TO
BARGAIN UNDER THE STATUTE. IN THAT CASE, THE AUTHORITY RULED THAT THE
UNION'S PROPOSAL TO LIMIT THE ABILITY OF THE AGENCY TO ASSIGN TRAINING
AT ALL AFTER SPECIFIED HOURS DURING THE WORKDAY OR ON CERTAIN DAYS OF A
FIRE FIGHTER'S WORKWEEK WAS INCONSISTENT WITH MANAGEMENT'S RIGHT UNDER
SECTION 7106(A)(2)(B) OF THE STATUTE "TO ASSIGN WORK" TO EMPLOYEES.
CONSEQUENTLY, FOR THE REASONS STATED IN THAT CASE, THE DISPUTED PROPOSAL
MUST ALSO BE HELD TO BE OUTSIDE THE DUTY TO BARGAIN UNDER SECTION
7106(A)(2)(B).

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., JANUARY 28, 1982

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY