NTEU Chapter 52 and IRS Austin District (Authority decision, July 28, 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

NTEU Chapter 52 proposed allowing employees to enter a locked IRS supply room when designated contact staff were unavailable or in unusual circumstances. The Authority held that this exception would undermine the agency’s security practice of restricting access to keyholders. It dismissed the negotiability petition on the merits.

Decision snapshot

• Authority: 5 U.S.C. § 7106(a)(1).
• Outcome: Supply-room access proposal held nonnegotiable.
• Key point: The proposal would bypass an internal security rule protecting government property.

Full text (FLRA public release)

[ v09 p685 ]

09:0685(80)NG

The decision of the Authority follows:

9 FLRA No. 80

NATIONAL TREASURY EMPLOYEES UNION,
CHAPTER 52
Union

and

INTERNAL REVENUE SERVICE,
AUSTIN DISTRICT
Agency

Case No. O-NG-489

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
PRESENTS ISSUES CONCERNING THE NEGOTIABILITY OF THE FOLLOWING UNION
PROPOSAL.

ARTICLE II

EMPLOYEES IN NEED OF FORMS OR SUPPLIES NOT AVAILABLE IN THE GROUP
AREA WILL OBTAIN SUPPLIES

FROM THE CENTRAL SUPPLY ROOM IN ACCORDANCE WITH THE PROCEDURES
OUTLINED IN THE MEMORANDUM

REFERENCED IN ARTICLE III. IN A CASE WHERE A PERSON DESIGNATED BY
THE AGENCY AS A CONTACT

PERSON IS UNAVAILABLE, OR IN UNUSUAL OR EXTREME CIRCUMSTANCES, AN
EMPLOYEE MAY RETRIEVE FORMS

FROM THE CENTRAL SUPPLY ROOM, IN ACCORDANCE WITH PROCEDURES
ESTABLISHED BY THE AGENCY TO

ASSURE ACCURATE ACCOUNTING OF AVAILABLE SUPPLIES, SECURITY, AND
ORDERLY MAINTENANCE OF THE

SUPPLY ROOM. (ONLY THE UNDERLINED PORTION OF THE PROPOSAL IS IN
DISPUTE.)

UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATIONS.
THE UNION PROPOSAL IS INTENDED TO ADDRESS A PROPOSED CHANGE IN THE
PROCEDURE BY WHICH EMPLOYEES OBTAIN SUPPLIES AT AN AGENCY SITE. UNDER
THE NEW SYSTEM, THE SUPPLY ROOM WOULD BE LOCKED AND KEYS ISSUED TO FOUR
DESIGNATED EMPLOYEES WHO WOULD BE THE ONLY PERSONNEL AUTHORIZED TO
ENTER
TO OBTAIN SUPPLIES FOR OTHER EMPLOYEES. THE AGENCY STATES, "THE OBVIOUS
REASON FOR THE NEW SYSTEM IS TO PREVENT DEFALCATION OF GOVERNMENT
PROPERTY, AND COLLATERALLY TO ENSURE AVAILABILITY OF SUPPLIES." AN
AGENCY'S RIGHT TO DETERMINE ITS INTERNAL SECURITY PRACTICES PURSUANT TO
SECTION 7106(A)(1) OF THE STATUTE INCLUDES THE RIGHT TO ESTABLISH RULES
TO SAFEGUARD THE AGENCY'S PROPERTY. AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, NATIONAL IMMIGRATION & NATURALIZATION SERVICE
COUNCIL AND U.S. DEPARTMENT OF JUSTICE, IMMIGRATION & NATURALIZATION
SERVICE, 8 FLRA NO. 75(1982), AT 18 OF THE DECISION. THE INSTANT
PROPOSAL, RATHER THAN CONSTITUTING A PROCEDURE TO BE FOLLOWED BY
MANAGEMENT IN EXERCISING ITS RIGHT UNDER SECTION 7106(A)(1) "TO
DETERMINE . . . INTERNAL SECURITY PRACTICES" AS CLAIMED BY THE UNION,
WOULD INSTEAD DENY SUCH AUTHORITY BY VITIATING THE EFFECTIVENESS OF THE
PRACTICE PROPOSED BY MANAGEMENT. THAT IS, THE PROPOSAL WOULD PERMIT
EMPLOYEES, IN CERTAIN CIRCUMSTANCES, TO BYPASS THE INTERNAL SECURITY
PRACTICE ESTABLISHED BY MANAGEMENT AND THEREBY DIRECTLY INTERFERES WITH
MANAGEMENT'S STATUTORY RIGHT.

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 HEREBY IS, DISMISSED.

ISSUED, WASHINGTON, D.C., JULY 28, 1982

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY