Firefighters Local F-116 and Vandenberg Air Force Base (Authority decision, August 3, 1982)

Final FLRA decision. This is a final Authority order. 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

Firefighters Local F-116 proposed shielding firefighters from duties outside fire protection, routing other work to different staff or contractors, and permitting rest during certain standbys. The Authority found the proposals inconsistent with management’s right to assign work and dismissed both consolidated petitions on the merits.

Decision snapshot

• Authority: 5 U.S.C. § 7106(a)(2)(B).
• Outcome: All challenged proposals held nonnegotiable; petitions dismissed.
• Key point: The proposals restricted the agency’s ability to assign firefighter work.

Full text (FLRA public release)

[ v09 p700 ]

09:0700(83)NG

The decision of the Authority follows:

9 FLRA No. 83

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

and

HEADQUARTERS, 4392D AEROSPACE
SUPPORT GROUP (SAC), VANDENBERG
AIR FORCE BASE, CALIFORNIA
Agency

Case No. O-NG-342
O-NG-343

CONSOLIDATED DECISION AND ORDER ON NEGOTIABILITY ISSUES

THE PETITIONS FOR REVIEW IN THESE CONSOLIDATED CASES COME 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 RAISE ISSUES REGARDING THE NEGOTIABILITY OF THE
FOLLOWING THREE (3) UNION PROPOSALS. UPON CAREFUL CONSIDERATION OF THE
ENTIRE RECORD, INCLUDING THE PARTIES' CONTENTIONS, THE AUTHORITY MAKES
THE FOLLOWING DETERMINATIONS.

UNION PROPOSAL I

THE EMPLOYER AGREES THAT MEMBERS OF THE UNIT WILL NOT BE ASSIGNED TO
DUTIES OUTSIDE THE

FIRE PROTECTION FUNCTIONAL CODES NOR TO DETAILS CONFLICTING WITH
THEIR PRIMARY DUTY.

UNION PROPOSAL II

THE EMPLOYER AGREES THAT ANY WORK THAT CAN BE PERFORMED BY THE
APPROPRIATE SECTION OR

CONTRACTOR, I.E., LAWN MOWING, PAINTING, CARPENTRY, ETC., WILL BE
PROGRAMMED THROUGH THE

APPROPRIATE SECTION OR CONTRACTOR. FOR WORK THAT IS PERFORMED BY
EMPLOYEES IN THE UNIT, THE

EMPLOYER AGREES TO PROVIDE ALL NECESSARY AND APPROPRIATE EQUIPMENT
NEEDED TO PERFORM THE

JOB. (ONLY THE UNDERSCORED PORTION OF THIS PROPOSAL HAS BEEN ALLEGED
TO BE OUTSIDE THE DUTY

TO BARGAIN.)

UNION PROPOSAL III

TO ASSURE COMPLETE ALERTNESS DURING FIRE PROTECTION STANDBYS,
EMPLOYEES WHO ARE SCHEDULED

FOR A STANDBY AFTER 1630 HOURS WILL BE AUTHORIZED TO REST OR SLEEP
AND MAKE PREPARATIONS FROM

1500 HOURS UNTIL TIME FOR DISPATCH OF THE CREWS TO STANDBY. SUCH
STANDBY TOURS WILL NORMALLY

NOT BE MORE THAN THREE HOURS IN LENGTH AND NORMALLY ENTITLE THE
EMPLOYEE TO FOUR HOURS OF REST

BETWEEN TOURS, MISSION REQUIREMENTS PERMITTING. (ONLY THE
UNDERSCORED PORTION OF THIS

PROPOSAL HAS BEEN ALLEGED TO BE OUTSIDE THE DUTY TO BARGAIN.)

UNION PROPOSALS I AND II CONCERN THE ASSIGNMENT OF WORK. UNION
PROPOSAL I WOULD PREVENT THE AGENCY FROM ASSIGNING NON-FIREFIGHTING
DUTIES TO FIREFIGHTERS. UNION PROPOSAL II WOULD REQUIRE THE ASSIGNMENT
OF NON-FIREFIGHTER DUTIES TO INDIVIDUALS OTHER THAN FIREFIGHTERS. THUS,
BOTH OF THESE PROPOSALS DIRECTLY INTERFERE WITH MANAGEMENT'S RIGHT TO
ASSIGN WORK UNDER SECTION 7106(A)(2)(B) OF THE STATUTE. /1/ SEE
ASSOCIATION OF CIVILIAN TECHNICIANS AND STATE OF GEORGIA NATIONAL GUARD,
2 FLRA 580 (1980); NATIONAL TREASURY EMPLOYEES UNION AND DEPARTMENT OF
THE TREASURY, BUREAU OF THE PUBLIC DEBT, 3 FLRA NO. 119 (1980), AT 7 OF
THE DECISION, APPEAL DOCKETED SUB NOM. NATIONAL TREASURY EMPLOYEES UNION
V. FEDERAL LABOR RELATIONS AUTHORITY, NO. 80 - 1895 (D.C. CIR. AUG. 4,
1980).

IT IS EQUALLY CLEAR THAT UNION PROPOSAL III ALSO WOULD BE
INCONSISTENT WITH MANAGEMENT'S RIGHT TO ASSIGN WORK PURSUANT TO SECTION
7106(A)(2)(B), SINCE IT WOULD LIMIT THE NUMBER OF HOURS DURING WHICH
WORK NORMALLY COULD BE PERFORMED. THAT IS, THE EXPLICIT LANGUAGE OF THE
UNDERSCORED PORTION OF THIS PROPOSAL WOULD PROHIBIT THE NORMAL
ASSIGNMENT OF WORK TO AN EMPLOYEE AFTER THAT EMPLOYEE HAD WORKED IN
STANDBY STATUS FOR A PERIOD OF THREE (3) HOURS. SEE BUREAU OF THE
PUBLIC DEBT, SUPRA. THEREFORE, FOR THE REASONS FULLY CITED IN BUREAU OF
THE PUBLIC DEBT, THE PROPOSAL HERE IN DISPUTE MUST ALSO BE HELD TO BE
OUTSIDE THE DUTY TO BARGAIN UNDER SECTION 7106(A)(2)(B) OF THE STATUTE.

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
PETITIONS FOR REVIEW BE, AND THEY HEREBY ARE, DISMISSED IN THEIR
ENTIRETY. ISSUED, WASHINGTON, D.C., AUGUST 3, 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 . . . (.)