AFGE Local 2612 and Department of the Air Force, Griffiss Air Force Base (Authority decision, April 30, 1982)

Final FLRA decision. The Authority resolved a negotiability appeal and dismissed the union’s petition. 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 2612 proposed freezing bargaining unit vacancies during a transfer of functions until affected employees had a chance to seek reassignment and decide whether to transfer. The Authority found that the freeze directly affected the numbers and types of employees the Air Force could hire. Under 5 U.S.C. § 7106(b)(1), bargaining over that subject was at the agency’s election. Because the Air Force declined to bargain, the Authority dismissed the petition.

Decision snapshot

• Authority: 5 U.S.C. § 7106(b)(1).
• Outcome: The proposal was outside the duty to bargain; the petition was dismissed.
• Key point: A vacancy freeze tied to staffing levels required bargaining only if the agency elected to do so.

Full text (FLRA public release)

[ v08 p429 ]

08:0429(93)NG

The decision of the Authority follows:

8 FLRA No. 93

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 2612
Union

and

DEPARTMENT OF THE AIR FORCE,
GRIFFISS AIR FORCE BASE, NEW YORK
Agency

Case No. O-NG-492

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 RELATING TO THE NEGOTIABILITY OF THE FOLLOWING UNION
PROPOSAL ; /1/

TRANSFER OF FUNCTION

SECTION 1. THE EMPLOYER AGREES TO FREEZE THE FILLING OF ALL
BARGAINING UNIT

VACANCIES. THE FREEZE SHALL REMAIN IN EFFECT UNTIL THE FOLLOWING
PROCEDURES HAVE BEEN

FOLLOWED.

(A) EMPLOYEES SHALL HAVE THE RIGHT TO REQUEST ASSIGNMENT AT THEIR
SAME OR LOWER

GRADE. THIS REQUEST MUST BE RECEIVED BY THE EMPLOYER AS SOON AS
POSSIBLE BUT NOT MORE THAN 20

CALENDAR DAYS AFTER THE EMPLOYEE RECEIVES THE SPECIFIC WRITTEN NOTICE
OF TRANSFER OF

FUNCTION. THE EMPLOYER SHALL RESPOND IN WRITING WITHIN 20 CALENDAR
DAYS TO THE EMPLOYEE'S

REQUEST. IF THE REQUEST IS DENIED, THE EMPLOYEE SHOULD ADVISE THE
EMPLOYER WITHIN 10 CALENDAR

DAYS OF RECEIVING THE EMPLOYER'S REPLY WHETHER HE/SHE WILL ACCEPT OR
DECLINE TO TRANSFER WITH

THE FUNCTION. HOWEVER, IN ALL INSTANCES THE EMPLOYEE WILL HAVE UP TO
25 CALENDAR DAYS FROM

THE DATE THE SPECIFIC NOTICE IS RECEIVED BY THE EMPLOYEE TO ACCEPT OR
DECLINE TO TRANSFER WITH

THE FUNCTION.

UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD INCLUDING THE
PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATION.
IN AGREEMENT WITH THE AGENCY, THE AUTHORITY FINDS THAT THIS PROPOSAL
CONSTRUED AS A WHOLE CONCERNS MATTERS WHICH, UNDER SECTION 7106(B)(1) OF
THE STATUTE, /2/ ARE NEGOTIABLE ONLY AT THE ELECTION OF THE AGENCY. /3/
THAT IS, THE PROPOSAL CONCERNS MATTERS DIRECTLY AND INTEGRALLY RELATED
TO THE NUMBERS AND TYPES OF EMPLOYEES TO BE EMPLOYED IN THE
ORGANIZATIONAL SUBDIVISION.

THE PROPOSAL WOULD REQUIRE THE IMPOSITION OF A FREEZE ON THE FILLING
OF VACANCIES UNTIL BARGAINING UNIT EMPLOYEES INVOLVED IN A TRANSFER OF
FUNCTIONS HAVE HAD AN OPPORTUNITY TO REQUEST REASSIGNMENT TO UNIT
VACANCIES, HAVE RECEIVED A RESPONSE TO SUCH REQUEST, AND HAVE INDICATED
THEIR WILLINGNESS TO TRANSFER WITH THEIR FUNCTION. IN THIS RESPECT, THE
PROPOSAL IS NOT MATERIALLY DIFFERENT FROM THE ONE BEFORE THE AUTHORITY
IN NATIONAL FEDERATION EMPLOYEES (NFFE), LOCAL 1332 AND HEADQUARTERS,
U.S. ARMY MATERIEL DEVELOPMENT AND READINESS COMMAND, ALEXANDRIA,
VIRGINIA, 3 FLRA 611 (1980), REQUIRING NEGOTIATION ON THE IMPOSITION OF
A FREEZE ON THE FILLING OF BARGAINING UNIT VACANCIES DURING A
"REALIGNMENT OF THE WORKFORCE," WHICH EXPLICITLY ENCOMPASSED TRANSFERS
OF FUNCTION, UNTIL EITHER ALL UNIT EMPLOYEES WERE SATISFACTORILY PLACED
OR AN EXCEPTION TO THE FREEZE WAS GRANTED BY A JOINT UNION-AGENCY BOARD
ESTABLISHED FOR THAT PURPOSE. THE AUTHORITY HELD THE PROPOSAL IN THE
CITED CASE TO BE NEGOTIABLE ONLY AT THE AGENCY'S ELECTION UNDER SECTION
7106(B)(1), NOTING PARTICULARLY THAT "THE AGENCY WOULD BE PRECLUDED FROM
HIRING NEW EMPLOYEES OF THE REQUISITE TYPES, AT THE REQUISITE GRADES,
AND IN THE NECESSARY NUMBERS TO MEET CHANGES IN MISSION REQUIREMENTS"
UNLESS OR UNTIL CONDITIONS IMPOSED BY THE PROPOSAL WERE SATISFIED.

CONSEQUENTLY, FOR THE REASONS STATED IN THE CITED U.S. ARMY MATERIEL
DEVELOPMENT AND READINESS COMMAND DECISION, THE DISPUTED PROPOSAL
HEREIN, LIKEWISE, IS NEGOTIABLE ONLY AT THE ELECTION OF THE AGENCY.
ACCORDINGLY, SINCE THE AGENCY HAS DECLINED TO NEGOTIATE ON THE PROPOSAL,
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/ THE UNION'S PETITION FOR REVIEW CONTAINED SEVERAL ADDITIONAL
PROPOSALS, BUT THE PROPOSAL SET FORTH HEREIN IS THE SOLE MATTER
REMAINING AT ISSUE.

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

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

(1) AT THE ELECTION OF THE AGENCY, ON THE NUMBERS, TYPES, AND GRADES
OF EMPLOYEES OR

POSITIONS ASSIGNED TO ANY ORGANIZATIONAL SUBDIVISION, WORK PROJECT,
OR TOUR OF DUTY. . . .

/3/ IN REACHING THIS CONCLUSION, THE AUTHORITY DOES NOT REACH THE
QUESTION OF WHETHER SUBSECTION 1(A) OF THE PROPOSAL, STANDING ALONE
(I.E., WITHOUT THE IMPOSITION OF A FREEZE ON THE FILLING OF BARGAINING
UNIT VACANCIES), IS NEGOTIABLE.